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Nonpoint Source Management Program :: Catawba River Basin Riparian Buffer Protection Rules

Catawba River Basin Permanent Riparian Buffer Protection Rules have been in effect since August 1, 2004. The permanent rules replaced the Catawba Temporary Buffer Protection Rules, which became effective June 30, 2001.

Permanent Buffer Protection Rule (15A NCAC 2B .0243)
Permanent Buffer Mitigation Rule (15A NCAC 2B. 0244)

Catawba River Basin Riparian Buffer Protection Rules Fact Sheet

Supporting Information and Forms for Buffer Rule Compliance

Buffer Protection Rules for
Catawba River Basin Lakes and Mainstem

In May 2001, the North Carolina Environmental Management Commission adopted a pair of rules to protect existing shoreline, or riparian, buffers in certain parts of the Catawba River Basin. The rules apply to the Catawba River mainstem and mainstem lakes from, and including, Lake James to the North Carolina/South Carolina line in Lake Wylie. Neither the Catawba River mainstem above Lake James nor any tributaries to the lakes were included in the temporary rules are subject to the permanent rules.

The rules were adopted as temporary rules effective June 30, 2001 and became effective as permanent rules August 1, 2004. A brief history of the rule-making follows, along with a summary of the rules and a link to a fact sheet and DWQ staff contact information.

**Buffer Rules for the Catawba River Basin**
Rule Subject	Rule Number 15A NCAC 2B	Effective Date of Temporary Rule	Effective Date of Permanent Rule
• Buffer Protection	.0243	June 30, 2001	August 1, 2004
• Buffer Mitigation	.0244	June 30, 2001	August 1, 2004

Overview of Buffer Protection Rules

The buffer protection rule 15A NCAC 2B .0243 requires maintaining and protecting existing 50-foot wide vegetated riparian (shoreline) areas along the Catawba River below Lake James and along the mainstem lake shorelines from, and including, Lake James to the North Carolina portion of Lake Wylie. This rule does not require establishment of new buffers unless the existing use in the buffer area changes. The footprints of existing uses such as agriculture, buildings, commercial and other facilities, maintained lawns, and utility lines are exempt. Within this 50 feet of buffer, the first 30 feet closest to the water, referred to as Zone 1, is to remain undisturbed with the exception of certain activities. The outer 20 feet, referred to as Zone 2, must be vegetated, but certain additional uses are allowed. Specific activities are identified in the rule as "exempt", "allowable", or "allowable with mitigation" “or prohibited”. Any proposed activities not included in the table of uses are considered “prohibitied”. The buffer mitigation rule 15A NCAC 2B .0244 provides details for activities that are "allowable with mitigation".

Background

In September 2000, two Catawba Buffer Advisory Committees, one representing the lower portion of the basin and one representing the upper portion, were appointed by the Division of Water Quality, on behalf of the Environmental Management Commission, to develop recommendations on the application of riparian buffers in the Catawba River Basin. These committees were formed by staff to assist in drafting buffer rules, as requested by the Environmental Management Commission. Each Advisory Committee was made up of about 25 members representing a broad range of interests including, but not limited to, development, agriculture, local government, mining, forestry, private property owners, and environment. Both of these Committees met approximately ten times. On February 8, 2001, the EMC proposed reviewed draft temporary riparian buffer protection rules prepared by DWQ staff based on the committees’ recommendation. The EMC approved sending the rules to public hearings.

In accordance with House Bill 1160, two public hearings were held in the basin in March 2001. The hearings drew 304 registered attendees, but total attendance was estimated to exceed 400. Over 400 people submitted written comments. The Commission adopted two rules as temporary rules for the Catawba River Basin at its May 2001 meeting. A permanent rulemaking process followed, and the EMC ultimately adopted very similar versions as permanent rules. The final version of the rules also reflects some revisions required by the North Carolina Rules Review Commission, after adoption by the EMC, including substantial revisions to 15A NCAC 02b.0243 (3)(a).

Fact Sheet for Rules

Staff Contacts:

Alan Johnson
(704) 663-1699
alan.johnson@ncmail.net

Amy Chapman
(919) 715-6823
amy.chapman@ncmail.net