15A NCAC 04B .0125      BUFFER ZONE REQUIREMENTS

(a)  The width of a buffer zone shall be measured from the edge of the water to the nearest edge of the disturbed area, with the 25 percent of the strip nearer the land‑disturbing activity containing natural or artificial means of confining visible siltation.

(b)  A 25-foot minimum width undisturbed buffer zone shall be protected adjacent to trout waters designated by the Environmental Management Commission. The 25-foot width buffer zone shall be measured horizontally from the top of the bank to the nearest area of disturbance.

(c)  Where a temporary and minimal disturbance is permitted as an exception by G.S. 113A‑57(1), land‑disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of 10 percent of the total length of the buffer zone within the tract and distributed such that there is not more than 100 linear feet of disturbance in each 1000 linear feet of buffer zone.

(d)  Upon a written request of the applicant, the Director may allow a larger area of disturbance than provided in Paragraph (c) of this Rule if the applicant demonstrates that additional measures will be utilized that will achieve an equal or more effective level of erosion and sedimentation control than would be achieved had the specifications prescribed in Paragraph (c) of this Rule been followed.

(e)  No land‑disturbing activity shall be undertaken within a buffer zone adjacent to trout waters that is predicted by the approving authority to cause stream temperature violations in these waters as set forth in 15A NCAC 02B .0211 which is hereby incorporated by reference including subsequent amendments and editions.

History Note:        Authority G.S. 113A‑54(b); 113A‑54(c)(1); 113A‑57(1);

Eff. May 1, 1990;

Amended Eff. February 1, 1992;

Readopted Eff. April 1, 2020.