May 20, Buffer Program in Flux: Past, Present and Future

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1 May 20, 2016 Buffer Program in Flux: Past, Present and Future

2 Riparian Buffer Protections Our past Excess nutrients Massive fish kills Impacts to tourism The present Nutrient management strategies Riparian buffer protections The future Maintaining buffer protection programs Providing greater regulatory flexibility 2

3 Excess nutrient loading Department of Environmental Quality 3

4 4 Summer Neuse River

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6 NC s nutrient management strategies Department of Environmental Quality 6

7 Federal Requirements Clean Water Act requires states to designate uses and develop standards to protect those uses Total Maximum Daily Loads (TMDLs) are developed for impaired waters 7

8 Management Strategies Catawba Goose Creek Randleman Neuse Neuse River Basin (Jul. 22, 1997/ Aug. 1, 2000) Randleman Lake Watershed (Apr. 1, 1999/Jun. 1, 2010) Tar-Pamlico River Basin (Aug. 1, 2000) Catawba River Basin (Jun. 30, 2001) Goose Creek Watershed (Feb. 1, 2009) Jordan Lake Watershed (Aug. 1, 2009, Sept. 1, 2011) 8

9 Management Strategies State law requires both point and nonpoint sources jointly share the responsibility of reducing pollutants in the state s waters Protection of existing riparian areas Wastewater discharges Urban stormwater management Agricultural nitrogen reduction Fertilizer management Nutrient offset Department of Environmental Quality 9

10 Riparian buffer protections Department of Environmental Quality 10

11 What is a Riparian Buffer? A riparian buffer is a strip of forested or vegetated land bordering a body of water Photo courtesy of USDA 11

12 Remove nutrients Filter stormwater runoff Sediment Pesticides Heavy metals Pathogens Buffer Benefits WakeUp Wale County NCSU

13 Prevent erosion Flood control Temperature control Habitat Buffer Benefits Photos courtesy of ASU, NCSWC and NCDEQ

14 Buffers Have Many Uses Studies show that the first 50 feet adjacent to a water body provide the highest proportion of water quality benefits Photos courtesy of NC DWR and NC State Parks

15 Riparian Buffer Width Department of Environmental Quality 15

16 Recent changes to riparian buffer protections Department of Environmental Quality 16

17 Previous Changes to Buffer Rules Session Law / Rule Effected Rules Summary SL (17) SL (8) 20 coastal counties Neuse & Tar-Pam Single-family residence allowable in Zone 2 Expanded SL to all of Neuse and Tar-Pam SL (52) All Exempts ag ponds SL (2) Jordan Non-electric utility, nonperpendicular Zone 2 impacts exempt; Stream piping allowable; Changed airport definition 15A NCAC 02B.0295 All Consolidated Buffer Mitigation Rule Department of Environmental Quality 17

18 Changes to Buffer Rules (SL ) In the 20 coastal counties, buffer beginning changed from landward limit of the coastal marsh to normal high water level Department of Environmental Quality 18

19 Changes to Buffer Rules (SL ) Requires rule revision to provide for case-by-case approvals to modify requirement to maintain woody vegetation Upon showing that alternative measures will provide equal or greater water quality protection Requires Local Governments to evaluate ordinances Ordinances will fall into one of two categories 1. LG ordinance = state buffer rule 2. LG ordinance is more protective than state buffer rule Necessary to comply with or implement federal/state law Condition of a permit, certificate or other state/federal approval Enacted prior to Aug. 1, 1997 and meets requirements listed in G.S A (c) Provide a scientific study to the EMC Department of Environmental Quality 19

20 Excess nutrient loading Department of Environmental Quality 20

21 Providing flexibility in maintaining buffers 21

22 Moving Forward DEQ and the EMC have begun the rulemaking process to amend the buffer rules Pursuant to G.S. 150B-21.3A (H74) adopted in 2013 Classified as Necessary with Substantive Public Interest Stakeholder group met May 5,

23 Moving Forward Incorporate previous rule changes required by Session Law Potential proposed changes include: Adding additional flexibility for single family residences Modifying the variance process Adding flexibility for view corridors 23

24 Questions? Jennifer Burdette Department of Environmental Quality 24