COASTAL WETLAND RIPARIAN BUFFER GRANDFATHER (NEW).

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View NCGA Bill Details2011-2012 Session
House Bill 116 (Public) Filed Wednesday, February 16, 2011
REGARDING THE DELINEATION OF PROTECTIVE RIPARIAN BUFFERS FOR COASTAL WETLANDS IN THE NEUSE RIVER AND TAR PAMLICO RIVER BASINS.
Intro. by Daughtry.

Status: Re-ref Com On Environment (House Action) (Apr 28 2011)

Bill History:

H 116

Bill Summaries:

  • Summary date: Apr 21 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Deletes provisions of the 1st edition and replaces it with AN ACT TO LIMIT THE IMPACT OF COASTAL WETLAND RIPARIAN BUFFER REQUIREMENTS ON THE CONSTRUCTION OF SINGLE-FAMILY RESIDENCES ON CERTAIN LOTS PLATTED AND RECORDED PRIOR TO AUGUST 1, 2000. Until the effective date of the revised permanent rules that the Environmental Management Commission (EMC) must adopt under this act, requires the EMC and the Department of Environment and Natural Resources (DENR) to implement the Neuse River Basin Riparian Buffer Rule and the Tar-Pamlico River Basin Riparian Buffer Rule as follows. The rules apply to development of an existing lot that is adjacent to surface waters in the coastal area, as provided. Allows a single family residence to encroach on the buffer where applying the buffer requirements would preclude construction of the residence and necessary infrastructure, if the following conditions are met: (1) residence is set back the maximum feasible distance from the normal high-water or water level on the existing lot and designed to minimize buffer encroachment; (2) the residence is set back at least 30 feet landward of the normal high-water or normal water level; (3) stormwater generated by new impervious surfaces within the buffer is treated and diffuse flow of stormwater is maintained throughout the buffer; and (4) no part of the septic tank or drainfield encroaches into the buffer. Requires the EMC to adopt a rule to replace the Neuse River Basin Riparian Buffer Rule and the Tar-Pamlico River Basin Riparian Buffer Rule that is substantively similar to the provisions above.


  • Summary date: Feb 16 2011 - View Summary

    Enacts new GS 143-214.19 providing that if state law requires a protective riparian buffer for coastal wetlands in either the Neuse River Basin or the Tar-Pamlico River Basin, then the coastal wetlands and marshlands are to be included in the measurement of the protective riparian buffer and are not to be treated as part of the surface waters. Provides definitions for coastal wetlands and marshlands as the terms are used in the proposed statute. Specifies factors to be considered in delineating the protective riparian buffer for any of the coastal wetlands or marshlands in the Neuse River Basin or the Tar-Pamlico River Basin. Effective October 1, 2011.