Bill Summary for H 116 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
REGARDING THE DELINEATION OF PROTECTIVE RIPARIAN BUFFERS FOR COASTAL WETLANDS IN THE NEUSE RIVER AND TAR PAMLICO RIVER BASINS.Intro. by Daughtry.
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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.