(a)  Unless otherwise provided, the width of a buffer zone is 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)  The 25 foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank.

(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 ten percent of the total length of the buffer zone within the tract to be distributed such that there is not more than 100 linear feet of disturbance in each 1000 linear feet of buffer zone.  Larger areas may be disturbed with the written approval of the Director.

(d)  No land‑disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations, as set forth in 15A NCAC 2B .0211 "Fresh Surface Water Classification and Standards", in these waters.


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

Eff. May 1, 1990;

Amended Eff. February 1, 1992.