PROPOSED IMPROVEMENTS TO CONSOLIDATED BUFFER MITIGATION RULES

15A NCAC 02B .0295

CURRENT RULES*

PROBLEMS PENDING WITH RULES AS ADOPTED BY RULES REVIEW COMMISION SOLUTIONS PROPOSED BY STAKEHOLDERS AND DENR

Buffer mitigation rules are distributed among 15A NCAC 02B
.0242, .0244, .0252, .0260, .0268, and .0609; requirements are
outdated, poorly articulated and offer limited flexibility for Division
staff, developers and mitigation providers

Requirements are poorly articulated and confusing; specifications and
procedures complicated and unclear

Deletes ambiguous and confusing language, provides simple definitions
and summary tables to improve clarity


Measurement of mitigation requirements vague and open to
agency interpretation

Measurement of mitigation requirements vague and open to agency
interpretation

Defines Riparian buffer mitigation unit that offsets one square foot of
riparian buffer impact and clearly describes mitigation units associated
with each type of buffer mitigation practice

Contain outdated technical and operational techniques and limit
mitigation options for applicants/developers and providers
Restricts buffer restoration methods, disallows natural regeneration and
determines mitigation success solely on planted trees.

Expands restoration methods to include natural regeneration, direct
seeding, and other methods based on site conditions; success based on
holistic evaluation of results.

Limit buffer mitigation credit to 50 feet from stream bank

Limits buffer mitigation credit to 50 feet from stream bank

Increases mitigation options for developers, permit applicants and
mitigation providers while maintaining water quality protection by allowing
credit up to 200 feet from stream bank; this also benefits landowners.

Restrict opportunities to restore stream buffers in urban areas and
subdivisions by requiring minimum 50 ft. buffer width

Restricts opportunities to restore stream buffers in urban areas and subdivisions
by requiring minimum 50 ft. buffer width
Allows credit from restoration of 30 feet from stream banks

Are ambiguous with regards to conditions typically encountered on
mitigation sites

Requires elimination of existing impervious surface and stormwater conveyances
from mitigation areas

Provides flexibility for mitigation sites that have existing impervious cover
or stormwater conveyances.

Limit mitigation to restoration or enhancement of non-forested
riparian buffers with no provision for contemporary water quality
improvement practices
Requires demonstration of no practical alternative before alternative
mitigation options considered
Does not require demonstration of no practical alternatives to use
alternative mitigation options

Do not allow buffer preservation for mitigation


Does not allow buffer preservation for mitigation


Allows buffer preservation for mitigation

Do not allow mitigation on ephemeral streams and ditches that
convey and contribute pollution to waters of the state

Does not allow mitigation on ephemeral streams and ditches that convey and
contribute pollution to waters of the state.

Allows mitigation on ephemeral streams and ditches to remove pollutants.
*15A NCAC 02B .0242 8/1/2000;.0244 8/1/2004; .0252 6/1/2010; .0260 8/1/2000; .0268 9/1/2011; .0609 2/1/2009