102.14 - Riparian Buffer Requirements Department of Environmental Protection Bureau of Watershed Management
102.2 Scope and Purpose BMPs to protect, maintain, and restore water quality and existing designated and uses of waters of the Commonwealth.
Purpose of Chapter 102 1. Protect and maintain water quality. 2. Restore water quality where needed 3. Minimize erosion & sedimentation. 4. Manage post construction stormwater.
Overview 102.14 - Riparian Buffer Requirements BMP of choice. Definition and requirements for Riparian Buffers. Definition and requirements for RFB. How to manage Riparian Forest Buffers. Requirements for all Riparian Buffers. Exceptions/Waivers. Permanent Protection.
Functions and Benefits of Riparian Forest Buffers (RFBs) Protect and Enhance of Water Quality Protection and Enhancement of Aquatic Habitat Provides Channel and Shoreline Stability Volume control
Protection and Enhancement of Water Quality by RFBs Filtration of Pollutants in Runoff Temperature Moderation Pollutant Processing
Recent Studies on Buffer Benefits 71 % nitrate removal by buffers 85-164 feet wide (Mayer et al. 2007) > 50% phosphorus removal by buffers (Dorioz et al. 2006) 92% sediment removal (Peterjohn and Correll 1984)
Weekly Maximum Temperature for Farm and Forest Streams http://www.alliancechesbay.org/pubs/projects/deliverables-145-7- 2004.pdf
Protect and Enhance Water Quality Infiltration control Controlled release rate Channel and shoreline stability
Pollutant Processing Leaves of native trees in RFB wash into stream and feed Macroinvertebrates/ bugs that process pollutants.
Protection and Enhancement of Water Quality Decrease in: Erosion Sedimentation
Volume Control (americanforests.org)
102.14 (a) (1) General Requirements Riparian Buffer Project site located in Special Protection (EV or HQ) watershed That is meeting designated use at the time of application: No earth disturbance within 150 of perennial or intermittent river, stream, creek, lake, pond or reservoir. Protect any existing riparian buffer.
102.1 Definitions - Riparian Forest Buffer One type of riparian buffer Permanent vegetation that is mostly native trees and shrubs along surface waters Maintained in natural state or sustainably managed
102.14 (a) (2) General Requirements RFB Project sites along Special Protection waters failing to meet designated use (Category 4 or 5 of Integrated Water Quality Report) at time of application: Protect any existing RFB. Convert any existing Riparian Buffer to a Forest Buffer. Plant a new RFB if none exist.
102.14(b)(1)Riparian Forest Buffer Criteria - Composition Native trees, shrubs and grasses. After 5 years canopy cover. Noxious weeds and invasive plants.
102.14(b)(1)(i) Conversion of Riparian Buffer to Riparian Forest Buffer On sites going from riparian buffer to RFB: Enhance and/or widen in open spaces No zone requirement. 60% uniform canopy cover. Noxious weeds and invasive species.
102.14(b)(1)(ii)Riparian Forest Buffer Establishment On sites with no Riparian Buffer at all: Establish Riparian Forest Buffer Zone requirement. Next slide Noxious weeds and invasive species.
102.14(b)(1)(iii) Zones for Newly Established Riparian Forest Buffers Zone 1 Undisturbed Forest Zone 2 Managed Forest
102.14 (b) (2) Average Minimum Width Riparian Forest Buffers Waters other than special protection Total of 100 feet. 50 feet Zone 1 and 50 feet zone 2 in newly established RFBs. Special protection waters Total of 150 feet. 50 feet Zone 1 and 100 feet Zone 2 in newly established RFBs.
102.14 (b)(2) Average Minimum Width Riparian Forest Buffers Average based on the full length of shoreline that is along of the project site.
102.14(b)(3)(4)Management Requirements for Riparian Forest Buffers Riparian Forest Buffer Management Plan Part of Post Construction Management Plan (PCSM). Includes the following at a minimum: (i) Planting plan for converted or new RFBs only. (ii) Maintenance Schedule for converted or newly RFBs only. (iii) Inspection Schedule for all RFBs.
102.14(b)(4)(i) Riparian Forest Buffer Management Plan (i) Planting plan for converted or newly established RFB includes: Number of native trees and shrubs. Density of native trees and shrubs. Variety of native trees and shrubs appropriate to location. 60% uniform canopy cover.
102.14(b)(4)(ii) Riparian Forest Buffer Management Plan (ii) Maintenance Schedule for converted or newly established RFB includes: Measures to ensure survival. Protection from invasive plants and noxious weeds. Protection from animals. Five year establishment period.
102.14(b)(4)(iii) Riparian Forest Buffer Management Plan (iii) Inspection Schedule for all RFBs to include: Frequency of inspection. Measures to ensure long term maintenance and functioning of RFB. Measures to repair damage from storm events greater than 2year/24 hour storm.
102.14 (c) (1) Mandatory Requirements - All Riparian Buffers 1. Stormwater enters the buffer as sheet or shallow flow during storm events up to a 2 year/24 hour storm.
102.14 (c) (2) Mandatory Requirements - All Riparian Buffers Protect wetlands in buffer - consistent with Chapter 105.
102.14 (c) (3) Mandatory Requirements - All Riparian Buffers 3. Measurements 10% variation below the minimum width. Full length of surface water in project site Measure from the normal pool elevation for lake, pond or reservoir and from top of streambank for creeks, streams, rivers.
102.14 (c)(3) Mandatory Requirements - All Riparian Buffers: Measurement
102.14(d) (1) No Mandatory Riparian Buffer (i) Project site more than 150 feet from the water. (ii) Site is less than 1 acre disturbance. (iii) No permit required under chapter 102. (iv)application submitted before 11/19/10. (v) Road work that cause no harm to RB. (vi)existing pipelines and utilities that does not destroy existing riparian buffer.
102.14(d) (1) No Mandatory Riparian Buffer (vii) Oil and gas, timber harvesting, or mining that has a restoration requirement under Chapters 78 and 86-90. (viii) Single family home that is not part of larger common plan of development. (ix) DEP permit under another chapter of this title which contains setback.
102.14(d)(2) Waivers Written request. Existing buffer undisturbed. Offsite RFB project. Provide contribution to RFB protection fund.
102.14(d)(2) Waivers (i) Project that reduce threat to public health or safety. (ii) Linear projects which may include pipelines, public roadways, rail lines and utilities. (iii) Abandoned Mine Reclamation activities under DEP permit. (iv) Temporary disturbance that will be fully restored to preexisting conditions. (v) Redevelopment. (vi) Not feasible due to site or existing structures.
102.14 (e) Utilization of Riparian 1. Antidegradation presumption. 2. Trading or offsetting credits. 3. Voluntary Riparian Forest Buffer. Forest Buffers
102.14(f)(1) Activities Prohibited in a (i) Soil disturbance. (ii) Ditching and draining. (iii)housing, grazing animals. (iv)storage and stockpiling. (v) Off-road vehicular travel. Riparian Buffer
102.14(f)(2) Activities Allowed Within a Riparian Buffer With DEP Authorization (i) Roads, bridges, trails, storm drainage, utilities or other structures. (ii) Water obstructions or encroachments. (iii) Restoration projects.
102.14(f)(3) Activities Allowed Within a Riparian Buffer (i) Buffer maintenance. (ii) Timber harvesting in accordance with RFB Management Plan as part of PCSM plan. (iii)low impact recreational activities that does not harm buffer functions. (iv)emergency Response. (v) Research and data collection like water quality monitoring and stream gauging.
102.14(g) Permanent Protection of Riparian Buffers 1. Protect in perpetuity through deed restriction, conservation easement, local ordinance, permit conditions. 2. Clearly mark the boundary limits of the Riparian Buffer.