AN ACT TO PROTECT THE STATE'S WATERWAYS AND CITIZENS BY STRENGTHENING BUFFER REQUIREMENTS, BY RESTORING LOCAL AUTONOMY IN THE SETTING OF RIPARIAN BUFFERS, AND BY REQUIRING MITIGATION FOR DESTRUCTION OF INTERMITTENT STREAMS.
Directs the Environmental Management Commission (Commission) and the Department of Environmental Quality (DEQ) to implement the "Protection of Existing Buffers Rules" (defined by various rules as identified in the NCAC; Rules) whereby the Commission provides a minimum riparian buffer of 100 feet unless the Commission specifically finds, based on findings of fact specific to the river basin or stream segment, that such a riparian buffer would provide no additional water quality, flood prevention, or flood mitigation benefits over the buffers currently in the Rules. Directs the Commission to adopt rules consistent with the described directive.
Repeals GS 143-214.23A, Limitations on local government riparian buffer requirements, and GS 143-214.7C(a)(1), which prohibits DEQ from requiring mitigation of impacts to an intermittent stream.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.