Orange County NC Website
Browse       Search
14 <br />b. Amend Article 6.23.7 Stream Buffers and Article 22 Definitions to <br />broaden the methods for identification of streams that require stream <br />buffers. The specific change is to include a provision allowing use of the <br />Soil Survey of Orange County and field identification by County staff to <br />identify streams subject to stream buffers. Anew definition for Water <br />Feature is added as a part of the amendment. <br />Craig Benedict made this presentation. He said that this is a change from the existing <br />zoning code that talks about the identif uingestionnis to increase theaopportunfees to idelntify streams <br />Geologic Survey maps (USGS). The s gg <br />with two additional methods. The first method is to use the Orange County Soil Survey maps. The <br />Department of Water Quality has also put together a certification program where people can <br />identify streams or identify that something is not a stream based on a list of criteria. The <br />recommendation is to add this provision to the zoning code so that where subdivisions are <br />analyzed, they can take into consideration all of the aspects of a stream. It has also been a goal of <br />Orange County to protect the headwaters because 85% of all areas drained in the County are <br />headwaters. An implication of this provision is that there will be additional stream miles that will be <br />protected. <br />Commissioner Jacobs asked if Mr. Feathers has seen a copy of this and Planner Robert <br />Davis said that he was aware of it. <br />Commissioner Gordon would like to have an estimate of the impact of this provision. She <br />wants to protect streams as much as possible, but she wonders what the impact would be on <br />people's properties since so much of Oran~emC ent might be in this classification. <br />There were no Planning Board c <br />Public Comment <br />There was no one signed up to speak to this item, but Chair Gooding-Ray asked if anyone <br />would like to speak. <br />Robert Nichols, a retired dairy farmer, said that he went to the Planning Department today <br />to ask about this provision. He said that Craig Benedict said in the presentation that the stream <br />buffer would be from 130-170 feet. On his property this would take about 37 acres of his 175 <br />acres. He would like to know what he can and cannot do with this property. He asked if he could <br />harvest the timber. <br />Craig Benedict said that if his property is a bona fide farm and forestry operations is what is <br />planned for the property, then he would be following forestry regulations as sanctioned by the State <br />and it would not fall under these zoning regulations. Bona fide farms are exempt from zoning <br />regulations. <br />Robert Nichols made reference to article 6.23.7 in the zoning ordinance and asked w a <br />this refers to. <br />Craig Benedict said that article 6.23.7 gives a definition of blue line streams and it offers <br />how to determine stream buffers. <br />Chair Gooding-Ray made reference to 6.23.7 and read, "A stream buffer is an area of land <br />adjacent to a stream or a FEMA identified flood plain, whichever is greater, except as permitted in <br />article 6.23.7.° She asked about the exception. Robert Davis said that the exceptions would be <br />utilities, private road crossings, etc. <br />Robert Nichols made reference to rainwater and said that this does not address rainwater. <br />He said that there would be no financial cost to the public for this, but that he would have a large <br />financial cost to take out 37 acres. He asked why his land could not be grandfathered. <br />Chair Brown said that this. provision would not apply to bond fide farms. <br />Commissioner Jacobs said that we should make it clear that i:his does not apply to bona <br />fide farms. <br />