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N.C. Division of Water Resources and Division of Energy, Mineral and Land Resources <br />Q &A for SL 2015 -246 Section 13 <br />Q1. Does this Section apply to local water supply watershed protection programs? How about <br />NPDES Phase 1 /Phase 11 programs? <br />A1.The Division of Water Resources and the Division of Energy, Mineral and Land Resources <br />(Divisions) interpret the session law such that it applies to those local governments who are <br />administering riparian buffer programs under authority delegated to them in accordance with <br />G.S. 143 - 214.23 (Neuse, Tar - Pamlico, Catawba, Goose Creek) or who are required to <br />administer riparian buffer programs in accordance with Title 15A NCAC 02B .0267 (Jordan <br />Lake) or .0250 (Randleman Lake). The Divisions do not interpret the session law such that it <br />applies to local water supply watershed protection programs or NPDES Phase I /Phase II <br />programs. As such, the Divisions will not be requesting that local governments submit their <br />watershed ordinances or NPDES Phase 1/11 stormwater ordinances for review and approval as <br />a result of this session law. <br />Q2. Does this Section apply to other local ordinances that are not local water supply protection <br />programs, NPDES Phase 1 /Phase 11 programs, or riparian buffer programs under authority <br />delegated in G.S. 143 - 214.23 or in accordance with Title 15A NCAC 028.0267 or. 0250? <br />A2. The Divisions recommend that you confer with your local counsel as to whether this statute <br />applies. <br />Q3. Can local governments in the Jordan Lake watershed continue to enforce the 100 foot <br />vegetated buffer on high- density projects as required by the Water Supply Watershed rules? <br />A3. The Divisions interpret the session law such that local governments who are administering the <br />Jordan Lake buffer requirement must continue to implement the 50 -foot Jordan Lake buffer, <br />but may not continue to enforce a 100 -foot vegetated buffer within the Jordan Lake <br />watershed if that 100 -foot buffer requirement is adopted solely to comply with the Water <br />Supply rules, and not as a requirement of another program, permit, certificate, or other <br />approval. Local governments may qualify for an exception under the other items of this <br />Section. Local governments must continue to enforce the minimum 100 -foot vegetated <br />buffer for high density projects in Water Supply watersheds outside of the Jordan Lake <br />watershed (including Randleman). <br />Q4. Does the requirement in G.S. 143- 214.23A (f) to show riparian buffer areas on the recorded plat <br />apply to new plats (i.e. when new plats are recorded they have to show the buffer) or does it <br />also apply to existing plats (i.e. local governments must go back and re- record existing plats to <br />show the buffer)? <br />A4.The requirement only applies prospectively, meaning that when new plats are recorded they <br />must show the riparian buffer area. <br />January 29, 2016 <br />