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From: Michael Harvey Sent: Friday, November 11, 2016 Subject: Decision regarding stream buffer regulations As many of you are already aware Session Law 2015 -246, ratified on September 23, 2015, had significant impacts on the County's stream /riparian buffer program as detailed within Section 6.13 of the Orange County Unified Development Ordinance (UDO). As previously reported the summary of these impacts was as follows: 1. Local governments are prohibited from adopting, implementing, and enforcing riparian buffer (i.e. stream buffer) regulations that exceed State requirements. Exceptions to this prohibition include: a. The adoption of more restrictive standards to comply with, or implement, Federal or State law; b. Represents a condition of a permit, certificate, or other approval issued by a Federal or State agency; c. Was enacted prior to August 1, 1997 and meets listed requirements; d. Said regulation(s) are reviewed and approved by the State Environmental Management Commission (EMC) through the review of a scientific study providing documentation on the need for increased /more restrictive standards based on local physical and environmental conditions. 2. Local governments shall not treat land within identified riparian buffers area as if the land is: `the property of the State or any of its subdiuisions unless the land or an interest therein has been acquired by the State or its subdiuisions by a conveyance or by eminent domain'. 3. Riparian buffer areas are required to be denoted on subdivision plats. 4. When riparian buffers are located within designated common areas or open space areas located within a minor /major subdivision each abutting parcel shall be viewed as having an equal interest in that buffer area. The County is required to allow adjacent lots to `count' this buffer area towards lot size, density, perimeter buffer, and conservation purposes. The County, while initially arguing we were complaint with the provisions of the law, prepared the required scientific study justifying the implementation and enforcement of riparian exceeding State requirements (i.e. more than 50 ft.). This study was submitted for review in September of 2016 in preparation for presentation to the EMC. Orange County was not alone in this endeavor. Studies were also submitted by the Town(s) of Carrboro and Cary as well as Wake County. Staff and our consultants attended meetings on Wednesday and Thursday of this week to present our findings. Ultimately State staff determined Orange County's buffer program was exempt from complying with the provisions of the law and informed EMC members we already had the appropriate authorization to enforce more restrictive buffers', specifically through the previous review and approval of our buffer regulations (i.e. Section 6.13) by the EMC. EMC members agreed with the determination that Orange County, along with Carrboro, Cary, and Wake County, could enforce their respective buffer programs as written. As e iiii est ll6t o i�cili li uu ed uu e uii ile euu �fe ui� cee 111 N e as cu u uu euu � U:y co iiii i t 'iii iiiii i ed 'iiii iiiii i Sectioiiiii 6 i 3 (etteclllled