A Guide to Protecting Coastal Waters Through Local Planning 1986

O FF-TcE-
c�qPY
A GUIDE TO
PROTECTING COASTAL WATERS
THROUGH LOCAL PLANNING
vui
Division of Coastal Management
North Carolina
Department of Natural Resources
and Community Development

PROTECTING COASTAL WATERS
THROUGH LOCAL PLANNING
Division of Coastal Management
North Carolina Department of Natural Resources
and Community Development
May 1986

TABLE OF CONTENTS
Introduction
THE IMPORTANCE OF PROTECTING COASTAL WATER QUALITY
Chapter One
THE HISTORY OF WATER QUALITY PROTECTION
Chapter Two
THE BASICS OF WATER QUALITY
The Hydrologic Cycle
The River System
The Estuarine System
The Groundwater System
The Groundwater -Estuarine Connection
Coastal Water Pollutants
Nutrients
Fresh water
Bacteria
Sediment
Saltwater intrusion
Temperature
Toxic substances
heavy metals
synthetic organic chemicals
petroleum hydrocarbons
chlorine
Water Purification
Soil
Wooded uplands
Wooded swamps
Tidal wetlands
Chapter Three
LAND USE PLANNING TO PROTECT COASTAL WATER QUALITY
How Land Use Plans Work
Designing a Land Use Plan to Protect Water Quality
The community's reliance and effects on water resources
The water resources
Water quality concerns leading to the
policies and implementation strategy
government coordination
public spending and land acquisition
management of development
public education
iii
development of
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7
11
13
15
17
19
21
23
23
25
25
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26
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27
28
28
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29
29
30
32
33
35
39
40
40
41
41
41
42
42
44

Implementing a Land Use Plan
Basic regulations
traditional zoning
subdivision regulations
subdivision regulations related to off -site
planned unit development and cluster zoning
capital improvement budgets
Complex regulations
special or conditional use permits
performance zoning
local environmental impact ordinances
For More Information
Appendix One
SAMPLE REGULATIONS
Appendix Two
STATE AND FEDERAL LAWS TO PROTECT WATER QUALITY
Glossary
COASTAL WATER QUALITY AND ECOLOGY TERMS
Bibliography
iv
facilities
44
44
45
45
46
46
47
47
47
47
48
48
49
71
83
89

LIST OF FIGURES
Figure
1.
The Hydrologic Cycle
Figure
2.
Watershed System
Figure
3.
Food Web
Figure
4.
Potential Groundwater Supply Problem Areas
Figure
5.
The Groundwater -Estuarine Connection and
Sources of Pollution
Figure
6.
Coastal Water Pollutants and Effects
Figure
7.
Typical Changes in Runoff Flows Resulting
from Paved Surfaces
Figure
8.
Examples of Best Management Practices
u
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16
18
20
22
24
31
43

Introduction
The Importance of Protecting
Coastal Water Quality

A popular bumpersticker a few years ago read "No
wetlands, no seafood." It could just as accurately have
said, "No clean water, no seafood." Indeed, without,
unpolluted water, the coastal area would no longer provide
the seafood, recreation activities, and lifestyle that
people have increasingly come to enjoy.
Almost every aspect of life in the coastal area is
related to water in some way. Fish and shellfish -- .the
basis of much of the region's economy -- are so easily
affected by the water inwhich they live that pollution can
contaminate or kill them. People depend on pure water for
drinking, cooking, and cleaning, and often, their -
livelihoods as well. Less obvious but just as important are
the ties people have to the water. In the coastal area,
water is a personal point of reference, the foundation for a
way of life.
Two economic activities, commercial fishing and
tourism, illustrate the importance of water quality. The
size and variety of the commercial fishing catch is
influenced by water conditions, and 90 percent of the
commercially important finfish and shellfish depend on the
estuaries during some stage of their lives. The N.C.
Division of Marine Fisheries estimates that the 1984
dockside value of North Carolina's commercial fishery was
worth $57.3 million. Added to this figure is the value of
the related industries that process, transport, and sell
fisheries products to the consumer. This increases the 1984
value of the commercial fishing industry to a total of
$171.9 million.
The tourism industry also relies on clean water.
People come from all over the country to boat, swim, and
fish in North Carolina's coastal waters. In fact, visitors
to the coast in 1984 spent more than $750 million. By
preserving water quality coastal communities can protect the
resource that brings people to the area in ever-increasing
numbers.
Water provides more than an economic foundation for the
coastal area, however: it has shaped the area's history and
culture. The rivers, streams, and sounds have created a
unique natural system that defines a way of life not found
elsewhere in the state. Social traditions, individual
attitudes, and personal attachments are inseparable from the
waters that have influenced them.
There is no price tag for the pleasure of seeing
shorebirds wade along a fringe of marsh, but that experience
is valuable nonetheless, as is the sense of security people

receive from their emotional connections to coastal lands
and waters. Although people may not always be aware of
these connections, they are essential to the overall quality
of coastal life.
Although the degradation of coastal waters will damage
most aspects of life in the coastal area, pollution is
continuing to occur. A 1984 survey of water quality trends
found that water quality is declining throughout the coast.
Three of the six major estuarine systems in the coastal area
have more than 30 percent of their waters closed to
shellfishing. Severe algae blooms indicate a worsening
nutrient problem that can result in fish kills and declining
fishery productivity.
Reductions in the striped bass fishery in the Albemarle
Sound, for example, are thought to be the result of algae
blooms that smother fish larvae and prevent the growth of
other plants that would be used for food. Although point
source pollution -- typically discharges from factories or
sewage treatment plants -- has been reduced, nonpoint source
pollution -- the pollution that comes from more diffuse
sources such as leaking septic tanks and stormwater runoff
-- seriously threatens the continued health of coastal
waters.
What can be done to ensure that coastal water quality
-- and traditional coastal lifestyles -- are protected as
more people move to the coast and use of its resources
increases?
There are several ways to address coastal water quality
problems. Regulations, for instance, are used to limit some
types of pollution that enter water systems from specific
sources. However, a narrow regulatory approach does not
encompass all the complex, interrelated water quality
problems. Dealing with the effects of nonpoint source
pollution is especially complicated because the origins of
the pollutants are so diverse and diffused that they
cannot be easily measured or strictly regulated.
To thoroughly address water quality problems a
combination of activities such as land use planning, best
management practices for farming and forestry, acquisition
of natural areas for conservation, and public education must
be used in addition to regulation. Of these activities,
land use planning can play a unique role in resolving water
quality problems. Indeed, land use controls may be the most
cost effective method for reducing some types of pollution,
such as urban stormwater runoff.
The objective of this guide is to provide basic
information about coastal water quality problems and how
4

local communities can deal with those problems through the
land use planning process. Land use planning enables
communities to protect water resources by adopting practices
that will prevent problems from occurring. Planning also
establishes a framework that can be used to resolve existing
problems before they become severe. This saves the money
that would be needed to remedy the problems and prevents the
loss of fisheries, tourism, agriculture, and forestry
revenue.
This handbook consists of three chapters. The first
chapter describes the history of efforts to protect water
quality. The second chapter explains the dynamics of water
systems, how they can be polluted, and how coastal natural
areas can reduce that pollution. The final chapter
illustrates how land use planning can be used to prevent the
degradation of coastal water quality. Major state and
federal laws related to water quality and sample ordinances
are described in appendices.
5

Li
Chapter One
The History of
Water Ouality Protection

Although water quality problems have only become the
focus of public attention and intensive action since the
late 1960s, water pollution has historically occurred both
in North Carolina's coastal area and throughout the country.
Discharging untreated sewage into waterways was a standard
practice since the country was first settled, and industries
have long relied on water bodies for waste disposal.
As towns and cities grew, engineers and scientists
realized that the discharges were beginning to exceed the
ability of water bodies to dilute untreated wastes. By the
late 1800s waste treatment systems were being developed to
improve the appearance and smell of urban waters, and in
1915 the first primary -secondary sewage treatment system was
completed. This system filtered solid materials, allowing
wastewater to flow into lakes and streams. Scientists at
that time believed that wastewater could be diluted by a
'-- body of water to the point that it would be harmless.
In the 1940s, studies in highly urbanized areas such as
Philadelphia found that rivers might not be able to handle
the wastes that were being discharged into them. The
Delaware River was so badly polluted that the waters in
Philadelphia's harbor were eating the paint off ships'
hulls. To protect their workers, shipping companies
threatened to use other ports. In many areas people were
discovering that the fish they had always caught were either
dying or leaving their native waters, to be replaced by
species that could tolerate the pollution.
outbreaks of serious illness began to occur throughout
the country during the 1960s. Many of the illnesses were
traced to bacteria and viruses in public drinking water
supplies. In 1969 a nationwide survey found that 41 percent
of the water supplies examined were delivering water that
did not meet federal health standards. Ten percent of the
groundwater supply systems were also found to be
contaminated.
By the 1970s water pollution was more than a sewage
disposal problem: toxic chemicals from manufacturing,
housecleaning, agriculture, and urban streets were
contaminating ground and surface waters. Public concern
over the pervasive pollution of the nation's waters led
Congress to enact several laws to clean up that pollution.
Congress addressed point source pollution primarily by
establishing the National Pollution Discharge Elimination
System and giving funds to communities (most of which went
to large cities) to construct waste treatment plants. Most
treatment plants still continued to rely on diluting the
91

wastewater in surface waters, however.
Although the regulation of industrial and municipal
waste discharges and improved waste treatment practices
eliminated much of the bacterial contamination of water
supplies, those changes did little to address the problem of
toxic chemicals. Futhermore, the treatment plants in
smaller towns and leaking septic tanks continued to be a
problem that received little attention.
Congress recognized that stormwater runoff and other
nonpoint sources of pollution were also important, and
adopted regulations that require separation of stormwater
from wastewater to avoid the overflowing of treatment plants
during rainstorms. States were also given grants to design
plans for managing nonpoint source pollution, but the
management practices suggested in the plans were not
mandatory, and no formal regulations for stormwater
treatment have ever been adopted. The tightening of federal
budgets in the 1980s decreased the funding of wastewater
treatment plants and further placed the burden of dealing
with stormwater on local government.
In 1978 the Nationwide Urban Runoff Program was created
by the Environmental Protection Agency to determine the
significance of pollution from stormwater runoff. In
coastal and estuarine areas, the effects of stormwater were
found to vary. In places with a particular need for clean
water, such as shellfishing areas, stormwater runoff was
found to be a very serious problem.
This is especially true in large, slow -moving water
bodies like the sounds along the North Carolina coast. The
addition of wastewater or stormwater to those waters has
been found to have serious long-term effects because certain
pollutants are not readily flushed out by ocean tides. The
fishing, boating, and tourism industries may thus suffer
serious consequences from these pollutants.
Beyond the issues of sewage treatment and urban runoff
there are many other factors adversely affecting water
quality today. Problems associated with sanitary landfills,
toxic waste disposal, acid rain, and leaks from underground
storage containers are all pollution sources contributing to
declining water conditions.
10

Chapter Two
The Basics of
Water Quality

What does "protecting water quality" mean? What
exactly needs protecting?
The term "water quality" refers collectively to the
physical and chemical characteristics of water systems that
enable those systems to support life. Therefore, what must
be protected are the basic natural features of estuarine,
riverine, and groundwater systems that the various forms of
life in the coastal area depend upon to exist.
The estuarine system, for example, is defined by
certain characteristics -- salinity, temperature, tides, and
the like -- to which the plants and animals that live there
are specially adapted. If the characteristics of the
estuary that make it habitable for those creatures are
changed, then the plants and animals may not be able to
reproduce as successfully or they may die. These conditions
-- necessary for the estuarine system to support life -- are
what must be maintained if the estuarine system is to
continue to be the basis of life in the coastal area.
Likewise, protecting groundwater quality requires that
aquifers -- underground reservoirs of water that provide the
majority of fresh water for human consumption in the coastal
area -- must be able to replenish themselves and are not
contaminated by chemicals, sewage, and salt water. If
groundwater quality is not maintained, the lack of fresh
water will severely limit a community's ability to grow and
its use of water for drinking, cooking, cleaning, farming,
and other routine activities.
The key to protecting water quality, then, is to
understand how coastal water systems work. That
understanding enables us to recognize the features of
natural systems that are essential to the continued health
of the coastal area and how these systems are vulnerable to
- damage. With this knowledge care can be taken to avoid such
damage. This chapter explains the basic characteristics of
coastal aquatic systems and the pollutants that can affect
them.
t� THE HYDROLOGIC CYCLE
Water is constantly in motion, whether as a gas or a
liquid. Its movement may be seen easily in the form of rain
or snow, or it may be invisible as it soaks into the ground
or evaporates into the atmosphere. This movement of water,
from the clouds to the earth and back again, is called the
hydrologic cycle. ,
I
13

PRECIPITATION
4EVAPORATION FROM TRANSPIRATION
YPLANTS
LAND SURFACE
........... .. LE y ........
RUNOFF
St
*A
TO DEEP AQUIFERS
op
EVAPORATION
FROMESTUARY
ot
ESTUARY
Figure 1.
The Hydrologic Cycle
It
t
TRANSPIRATION
BY PLANTS
EVAPORATION
FROM OCEAN
ot
otBARRIER
ISLAND -At
1118JAW

The cycle begins with the sun's energy warming the
earth's exposed waters, causing evaporation. The vapor
rises into the atmosphere and condenses to form clouds. The
moisture in the clouds then falls to the earth as rain or
snow.
When water reaches the ground, it can take three main
paths: it can run off the land and collect in the creeks,
streams, and rivers that eventually flow to the ocean; it
{ can infiltrate the soil surface, recharging groundwater
reservoirs; and it may be absorbed into the topsoil to be
used by plants. (This water is eventually returned to the
atmosphere through the process of evapo-transpiration: the
evaporation of water from land surfaces plus transpiration,
the water given off by the roots and leaves of plants.)
Although many factors affect the course water travels
on the ground, one of the most important factors -- and the
one directly influenced by people -- is the type of surface
water lands on. If water falls on undisturbed ground, half
of it will seep into the ground and the rest will either run
off or evaporate.
If water falls on a paved surface or on ground that has
been thoroughly saturated, a portion will evaporate and the
remainder will collect and flow downhill. Water runs off
paved, or impervious, surfaces faster than unpaved surfaces,
reducing evaporation and infiltration. As water moves
across the ground or pavement it can pick up dirt,
chemicals, and other pollutants and carry them into streams
and sounds.
THE RIVER SYSTEM
The characteristics of water and its effects on daily
life can be best understood by studying the river basin
where a community is located. A river basin, or watershed,
is the land area drained by a river and its tributaries.
A small creek running through a neighborhood may appear
to be separate from the stream that crosses another part of
town, but they are connected. Creeks join to create larger
streams, forming a natural drainage network that carries
rainwater off backyards, fields, and streets and into
rivers. Without this drainage system, land would stay wet
or flooded.
Rivers are moving water systems, and so are
considerably different physically, chemically, and
biologically from standing water systems, such as lakes and
sounds. Water currents and other physical variations in
parts of the same stream or river create different habitats
15

IN
Figure 2.
Watershed System

and communities. These physical differences can also
influence the amount of oxygen in the water and what type of
animals will live there.
As water circulates through a river system it can carry
pollutants to other parts of the watershed. This is why
coastal residents may be concerned about the activities of
people living upstream in the piedmont. Although many miles
apart, they all live within the same watershed, and so can
affect one another through their various uses of water.
THE ESTUARINE SYSTEM
Estuaries have often been called the "cradle of life"
in the coastal area, for they are the bodies of water where
fresh inland and salty coastal waters mix, producing a
nutrient -rich habitat for plants, animals, and fish alike.
North Carolina's estuarine system, the third largest in the
United States, encompasses 2.3 million acres of tidal
streams, rivers, and sounds.
North Carolina has a wide variety of estuaries -- there
are tidal rivers like the Newport and Pamlico, secluded
lagoons like Rose Bay and Stumpy Point Bay, and shallow
basins behind barrier islands like Bogue and Currituck
sounds. All of these estuaries have different salinity
patterns, tides, sediment types, and shorelines. The
conditions within estuaries, especially salinity, change
continually, so the organisms that live in them must be
adapted to those changes.
The combination of changing salinity patterns, shallow
water, and marsh grasses provides physical protection and
abundant food for the juvenile finfish and shellfish that
use estuaries as nursery areas. Estuaries are one of the
most productive natural systems on earth, accounting for the
health and profitability of most commercial fisheries.
The very functions that make estuaries productive also
make them vulnerable to pollutants. Just as estuaries
efficiently trap and recycle the nutrients that support the
estuarine food web, they can also trap and recycle
pollutants.
Pesticides or other toxic substances from runoff, for
example, can be trapped, buried, and re -introduced into the
water at a later time. Once in the water these substances
can be taken up by marine life and passed up the food chain,
sometimes to people. Comparisons of stream bottom sediments
showed concentrations of lead in urban streams ten times as
high as in rural streams. Similar results were found for
other pollutants.
17

a
PHYTOPLANKTON
PHYTOPLANKTON eo —
'dA� . Y
ZOOPLANKTON ::. - • `• ,
,INORGANIC ./
NUTRIENT4 t;a • R Se• �_
rr
;DECOMPOSEl:
ETRrrUS
CONSUMERS _
ZOOPLANKTON
PRODUCERS
Figure 3.
Food Web
PRODUCERS
Plants such as marshgrass, phytoplankton, and marine grasses
make their own food from the sun's energy and inorganic
nutrients such as nitrogen and phosphorus.
Animals can't produce their own food and so must eat plants
and other animals to obtain nutrition.
Bacteria and fungi break down detritus and other organic
debris to inorganic nutrients which can then be recycled
through the estuary.

Fortunately, estuarine systems can also break down some
pollutants by the same mechanisms used to degrade organic
matter. Some persistent chemicals like DDT, however, will
take decades to break down completely and some, such as
metals, can never break down.
Pollutants can affect estuaries in a multitude of ways.
Some of the effects are obvious, such as fish kills and
algae blooms; other impacts are invisible. The loss of
lower organisms in the food web, slowed rates of
reproduction, and disease may not immediately kill fish, but
they can lead to the decline of a fishery, as well as lower
its resistance to other diseases and pollutants.
THE GROUNDWATER SYSTEM
When water seeps into the ground it is either absorbed
by the soil or it passes through the soil to become part of
the groundwater supply. The sand, gravel, and rocks that
allow water to collect and move through them are called
aquifers.
The water level in an unconfined or "water table"
--- aquifer will rise and fall depending upon the amount of
water stored in the ground. The recharge of this aquifer
occurs through porous soils when it rains. Although this
type of aquifer will recharge relatively easily, pollutants
can seep into it just as easily.
The second type of aquifer is called a confined or
"artesian" aquifer. This is a complex water system formed
by layers of various types of rock and clay. The water in
this aquifer moves through the earth under pressure rather
than simply by gravity. Recharge to the confined aquifer
takes place only in certain areas and depends on the
difference in pressures between the water table aquifers, so
it is less likely to get polluted, unless pollution sources
are located in recharge areas. Artesian aquifers provide a
more constant water supply in terms of volume and quality
than water table aquifers.
The dynamics of groundwater movement are extremely
complicated. In essence, groundwater moves downward,
! following the slope of the water table (not the land
surface) from its highest level to its lowest. The water
slowly filters between the rocks or soil that compose the
aquifer, usually at a rate of a few inches a day. This slow
movement keeps any pollutants from being quickly diluted.
Therefore, a well located down -slope from a source of
pollution could be contaminated by the groundwater flow that
still contained concentrated pollutants.
19

Environmental Management Commission
Designated Capacity Use Area
NEWAreas where the use of groundwater may
require coordination, limited regulation, or
protection in order to ensure ample future
supplies
Areas where future water supplies may be very
costly to provide
Figure 4.
Potential Groundwater Supply Problem Areas
20

'- The porosity of an aquifer can also affect pollution.
For example, the siting of septic tanks in the coastal area
where the water table lies just below the sandy soil has
created problems. The porous sand does not retain the
wastes as long as other soils do, and it,lacks the organic
material and.microbes that will trap,and treat pollutants.
Thus the potential for bacteria to contaminate water
supplies is increased.
Groundwater is difficult to clean once it has been
polluted. In many cases it is technologically impossible to
purify groundwater, and where it is possible it is usually
prohibitively expensive.
I THE GROUNDWATER -ESTUARINE CONNECTION
Although the dynamics of groundwater and estuarine
water systems are different, the two are interrelated. To
maintain the quality of all the waters of the coastal area,
it is necessary to recognize the connection between aquifers
and estuaries, for there are certain practices that will
protect both water systems.
Groundwater in water table aquifers eventually flows
into a stream, river, lake, or sound. Although some of the
contaminants in the groundwater may be dispersed as the
water flows through the aquifer, some pollutants will still
_ reach the water body. Therefore it is possible for
groundwater contamination to affect estuarine waters as
well. It is also possible for pollutants in estuarine
waters to flow back into the underlying aquifer. Saltwater
will do this, for instance, if the aquifer is not
replenished.
there are also several activities in the coastal area
that affect both ground and estuarine waters. For example,
land clearing -- whether for forestry, agriculture, or
construction -- exposes the ground, increasing the amount of
soil, fresh water, pesticides, and fertilizer that run off
into the sounds. Due to the increased runoff the disturbed
land will retain less water, thus depriving the aquifer of
the water it needs to recharge.
It is also more likely that pesticides and fertilizer
will pollute the aquifer, because there is less groundcover
and organic material to filter out pollutants. Even
stormwater collection systems designed to eliminate runoff
problems may pollute the aquifer. In areas where the soil
is sandy and the water table is high, the pollutants,
i concentrated by the collection system, may enter the
aquifer.
21

F
PRECIPITATION
PESTICIDES,
LAND SPREADING,
IRRIGATION WASTE LAGOON,
SEWER PIT, BASIN
If
3
CONFINING ZONE
V
4
FRESHWATER
CONFINING ZONE
v INTENTIONAL INPUT
v
LANDFILL pUW]NG URBAN,
WELL AGRICULTURAL, AND
094111-t- i'm FORESTRY RUNOFF
�r4 ESTUARY
CON -FINED OR ARTESIAN AQUIFER (FRESH)
V UNINTENTIONAL INPUT DIRECTION OF WATER MOVEMENT
v 4
Figure 5.
The Groundwater -Estuarine Connection and Sources of Pollution

One apparently simple action -- clearing a lot to build
a house -- when multiplied many times over along the coast
can create a series of water quality problems. Therefore,
the key to protecting coastal water quality is to recognize
that many factors may cause water quality problems. It is
important to recognize the connections between different
coastal water systems to prevent problems from occurring.
COASTAL WATER POLLUTANTS
In coastal North Carolina nutrients, freshwater, and
sediment are serious problems, and every year more shellfish
beds are closed due to bacterial contamination. Saltwater
intrusion is a major concern for barrier island communities
that rely on local groundwater. The problem of temperature
or thermal pollution and toxic substances will become a
greater problem as more industry moves to the coastal area.
This section describes these major coastal pollutants
and their sources, and how'they can affect coastal water
systems. This is only a brief overview of the primary
causes of coastal water quality problems. For more
information see the bibliography at the end of the book.
Nutrients
When detergents, fertilizers, and human and animal
wastes enter coastal waters, they add nutrients --
principally nitrogen and phosphorous -- to carefully
balanced natural systems. The increased nutrients can cause
certain aquatic plants to grow so extensively that they
suffocate fish and other marine organisms and block out the
plants on which they feed.
This.problem, called eutrophication, is illustrated by
the algae blooms which have been worsening in North
Carolina's coastal rivers. The blooms, which have occurred
on the Chowan River for several years, have recently begun
to happen on the Pamlico and Neuse rivers as well.
A problem that is related to eutrophication is the
reduction of dissolved oxygen in coastal waters. As organic
matter (such as dead plants and algae) decays it uses
dissolved oxygen, reducing the dissolved oxygen available
for other aquatic life. Such a reduction in dissolved
oxygen can cause fish kills. This is especially a problem
in summer because warmer waters contain less oxygen.
There are a number of sources of nutrients throughout
river basins: industrial and boat discharges; agricultural,
forestry, and urban runoff; sewage treatment and package
23

POLLUTANT
SOURCE
EFFECT ON COASTAL WATERS
Petroleum Hydrocarbons
Fuel exhausts
Spills can kill aquatic life, damage
Motor oil and grease
beaches, and permanently destroy
Power plant emissions
wetlands.
Industrial discharges
Runoff can be toxic to marine organ -
Spills and dumping
isms — causing death, disease and
Leaking underground storage containers
reproductive problems.
Urban runoff
Chlorine
Water treatment plants
Kills aquatic life.
Swimming pool backwash
Nutrients
Agricultural, forestry, and urban runoff
Enrichment of rivers and sounds (eutro-
Industrial and boat discharges
phication) resulting in algae blooms.
Sewage treatment and package plants
Blooms can alter the food chain then
Septic tanks
decay, depleting oxygen and causing
Animal feedlots
fish kills. Eutrophication is also sus-
pected of causing some fish disease
problems.
Fresh Water
Water running off impervious surfaces
Changes salinity patterns in estuarine
Land clearing
habitats, causing slowed growth or
Draining wetlands
death of juvenile organisms, or poor
Channelization of streams
reproduction.
Bacteria and Viruses
Septic tanks that are spaced too densely, placed
Contaminates shellfish waters, so con -
on porous soils, located in high water tables,
sumption of shellfish may cause
or that leak
disease.
Sewage treatment or package plants
Contaminate groundwater, sousing for
Boat discharges
drinking or bathing may cause disease.
Animal feedlots
Contaminates surface waters, so swim -
Urban nmoff
ming may cause disease or wound
infections.
Sediment
Land clearing
Clogs marine waters.
Dredging
Covers marine habitats, smothering some
Erosion
organisms.
Causes turbidity in water, shading out
producer organisms and altering the
food chain.
Temperature
Factories
Alters reproduction of fish.
Electric generating plants
Reduces dissolved oxygen which may
Urban runoff
then cause fish kills.
Contaminates fresh water supplies used
for drinking, irrigation, and the like.
Heavy Metals
Fuel and exhaust of motorboats and automobiles
Accumulate in fish tissues and are passed
Industrial emissions and effluent
on to humans.
Sewage treatment plant effluent
Contaminate drinking water, causing
Landfill wastes/leachate
brain damage, birth defects, mis-
Urban runoff
carriages, and infant deaths.
Naturally in soil
Hazardous waste spills and disposal
Synthetic Organic Chemicals
Forestry, urban, and agricultural runoff
Cause cancer, birth defects, and chronic
Industrial and municipal effluent
illness when consumed in contam-
Spills or dumping
inated water supplies or seafood.
Figure 6.
Coastal Water Pollutants and Effects
24

plants; septic tanks; and animal feedlots.
Fresh Water
Large volumes of fresh water running off cleared lands,
drained wetlands, and impervious surfaces can change the
salinity patterns in estuaries. These patterns are often
altered suddenly and for short time periods as water runs
off the land in slugs after a storm.
Salinity is one of the variables of the estuarine
_ system to which marine organisms are specially adapted.
Therefore, a change in salinity patterns can alter the
estuarine habitat -- and primary nursery areas in particular
-- causing poor reproduction, slowed growth, or death of
juvenile organisms. In North Carolina, a direct link has
been found between fresh water flowing into nursery areas at
key stages in shrimp growth and declines in shrimp harvests.
Bacteria
Disease -carrying bacteria and viruses (or pathogens)
associated with human and animal wastes can contaminate
seafood, drinking water, and swimming areas, threatening
both human health and the economy of the coastal area.
Eating contaminated shellfish, or even swimming in pathogen
contaminated waters can result in hepatitus, a variety of
gastrointestinal disorders, or infections.
For that reason the N.C. Division of Health Services
recommends that contaminated shellfish beds be closed, an
action which can have a significant impact on coastal
economies. Currently nearly twenty percent of the
shellfishing waters in North Carolina are closed and the
number of acres of closed waters increases each year.
There are several sources of bacterial contamination in
the coastal area. Leaking septic tanks can pollute both
ground and estuarine waters, as can septic tanks that are
spaced too closely, placed on porous soils, or located in
high water tables. Sewage treatment plants and package
plants can fail, allowing wastes to enter surface and ground
waters. Discharges of human waste from boats can
contaminate estuarine waters, particularly in marinas where
there is a concentration of boats in a small area. Animal
feedlots and stormwater runoff can also cause contamination.
Sediment
Soil washing into coastal creeks, rivers, and sounds
can clog waters, covering shellfish habitats and changing
25

the composition of estuarine bottoms. The principal causes
of sedimentation are natural erosion, dredging, and loss of
soil through land disturbing activities such as
construction, agriculture, forestry, and peat mining.
In a 1979 study of water quality of urban streams,
Richard Klein found that soil erosion in urban watersheds is
generally nine times as great as erosion in rural
watersheds. An acre of land under construction may lose
20,000 to 40,000 times more soil than a wooded or cultivated
acre. Unfortunately, the sediment lost is usually the
topsoil, the most productive part of the soil.
Saltwater Intrusion
When groundwater resources are used extensively, it is
possible to use more water than the aquifer can replenish
through infiltration. Without sufficient recharge of the
groundwater, wells can go dry or saltwater from the
estuaries can be pulled into the aquifer. Salt -contaminated
water cannot be used for drinking or crop irrigation, posing
a serious problem for local communities and farmers.
For this reason, the Environmental Management
Commission has the authority to designate "capacity use
areas" -- aquifers where withdrawals must be regulated in
order to prevent the groundwater from being overused. The
one such area designated to date encompasses a large portion
of the coastal area.
Temperature
Temperature is one of the physical characteristics of
the estuarine system that directly affects the health of the
organisms that live there. So, although temperature is not
a pollutant in the strictest sense of the word, the
introduction of heated discharges from manufacturing and
electric generating plants into streams and rivers can
affect aquatic organisms physically, biologically, and
chemically. Changes in the water's temperature can alter
reproduction of fish, or cause fish kills by decreasing the
amount of oxygen water contains.
Toxic Substances
By far the most complex and potentially devastating
threat to coastal waters is from toxic substances. Toxic
pollutants of coastal interest mainly fall into four
categories: heavy metals, petroleum hydrocarbons,
pesticides, and other inorganic chemicals. These pollutants
0

are found in many products in daily use and enter both
estuarine and ground waters in a variety of ways. They can
cause both long-term and immediate damage to human and
aquatic life.
-- Some forms of toxic pollution have already occurred in
North Carolina's coastal area -- most notably oil spills,
pesticide runoff, leaking landfills, and underground storage
tanks. As the region grows this type of contamination is
likely to become more of a problem. Not only will
industrial discharges increase, so will the potential for
accidental spills and dumping. Treatment systems have not
been developed to remove toxic substances from either .
wastewater or stormwater, so the accumulation of these
substances (many of which will not break down over time) in
estuaries may cause long-term physical and economic damage.
Heavy metals
Heavy metals, such as lead, chromium, and mercury, are
inorganic elements that cannot be broken down or degraded.
They are found in the fuel and exhaust of automobiles and
motorboats, industrial emissions and discharges, sewage
treatment plant effluent, landfill wastes, stormwater
runoff, and in soil.
Groundwater supplies may be polluted by leaching from
landfills or treatment lagoons, chemical spills, or from
movement between ground and surface waters. Land disturbing
activities such as construction, mining, forestry and
agriculture can release heavy metals -- many of which occur
naturally in the soil -- into the water. Urban stormwater
runoff is a particularly significant cause of heavy metal
contamination of ground and estuarine waters. A number of
studies of North Carolina waters have found metals at levels
high enough to affect aquatic life.
Heavy metals can affect human health and natural
systems in a number of ways. Lead exposure, for instance,
can cause mental retardation and brain damage in children
and has been linked with miscarriages, birth defects, and
infant deaths. Copper, one of the metals found in at least
90 percent of urban runoff samples, is associated with liver
damage.
Some metals may accumulate in the tissue of fish, and
so may be consumed by people. As organisms at low levels of
the food chain are eaten by higher organisms, the level of
metal present in the tissue is magnified. This is
particularly a problem with some metals, such as mercury,
which remain in the environment for a long time (even after
the source of pollution is gone) and are readily absorbed by
27

fish and shellfish.
Synthetic organic chemicals
Pesticides, paints, household cleaners, and hundreds of
other products in daily use contain synthetic organic
chemicals -- manufactured compounds that can be extremely
toxic and may remain in the environment for long periods of
time. These chemicals run off cultivated fields, forest
nurseries, lawns, streets, and golf courses. They also are
discharged in industrial and municipal effluent and can be
spilled accidentally or dumped illegally, contaminating both
estuarine and ground waters.
Although the EPA estimates that there are more than
70,000 synthetic compounds in industrial use -- and a
thousand more introduced every year -- their effects on
human and aquatic life are barely known. Only a small
percentage of the chemicals have been tested to determine
whether or not they cause health problems. The predominant
effects that are known, however, are cancer, birth defects,
and chronic illness.
A particular problem in determining the effects of
synthetic organics on the environment is that the EPA's
water quality criteria are developed by laboratory testing
of single chemicals. This does not take into account the
potential of different chemicals to interact with each other
in ways that magnify their toxicity.
Petroleum hydrocarbons
Oil, gasoline, and coal release petroleum hydrocarbons
into coastal waters in a variety of ways. Automobile and
boat exhaust, motor oil and grease, power plant emissions,
industrial discharges, accidental spills, illegal dumping,
and leaking underground storage containers all bring
petroleum hydrocarbons into ground and surface waters.
Oil spills on land or in the water can damage coastal
wetlands and kill or cause long-term damage to marine life.
Such spills may also cause a loss of tourist revenue if
shorelines are damaged. Although oiled sandy beaches can be
cleaned (albeit at great expense), oil -contaminated marshes,
mudflats, and estuarine bottoms cannot be cleaned.
Chlorine
Chlorine, an inorganic chemical, poses a particular
problem in the coastal area. It is commonly used in water
treatment plants and swimming pools and to disinfect
wastewater. It is very toxic to aquatic life and so is a
serious threat to coastal water quality.
m

WATER PURIFICATION
Some of the sediments, chemicals, and other pollutants
that enter water systems may be removed by natural physical,
biological, and chemical processes. Large particles may be
trapped by vegetation or soil as water per into the
ground, or the particles may filter out as sediments settle
on stream beds. The biological decomposition and movement
of organic matter through the life cycle will also remove
some substances. Chemical interactions may also break down
some toxic pollutants.
This section describes how these methods of water
purification take place within natural coastal systems. An
understanding of the inherent abilities and limitations of
natural systems to remove pollutants is very useful for land
use planning, because knowledge of those systems will enable
communities to protect the areas that are exceptionally
valuable in maintaining water quality.
The following outline describes how water pollutants
are purified by soil, wooded uplands, wooded swamps, and
tidal wetlands.
Soil
Soil physically traps many suspended particles as water
filters through it. Bacteria, worms, and other soil
organisms can break down biodegradable pollutants -- some to
usable nutrients or gases. Some substances can chemically
interact with or bind to soil particles.
The ability of soil to purify water depends upon the
following conditions:
• Whether or not water can penetrate the soil.
If the soil consists of impervious clays
or peats, or is already saturated, or if the soil
surface has been paved or covered,
water will not be able to enter the soil.
• The soil characteristics.
The amount of organic matter in the soil, its
mineral composition, and the ratio of
sand, silt, and clay -sized particles affect how
well water is purified. Organic matter influences
the type and number of existing bacteria and other
organisms which can break down pollutants as well
as organic material. Organic matter can also hold
certain types of pollutants such as metals.
29

• The depth from the soil surface to the water table.
The ability of soil to remove bacterial
contamination, degrade organic materials, and
vaporize organic matter is greatly reduced when
pollutants enter the water table. Too little space
between the soil surface (or the bottom of a water
treatment or detention system) and the water table
enables pollutants to enter the water table more
readily, thus reducing the soil's purification
ability.
• The type and variety of organisms in the soil.
A variety of organisms can change nutrients and toxic
substances into forms that may be used by other
organisms, or made harmless. However, some toxic
materials can destroy these organisms, reducing the
capacity of the soil to purify water.
Wooded Uplands
Trees, shrubs, and other plants along rivers and sounds
decrease pollution from different types of runoff very
effectively. Wooded areas are also critical for recharging
groundwater and preventing its contamination.
A plant canopy catches rain and reduces the force of
rainwater striking and breaking up exposed soil. Plants
slow runoff flow, allowing large particles to settle out and
water to seep into the soil and groundwater. Plant roots
take up nutrients and physically increase the capacity of
soil to absorb moisture by making it more porous, and by
pulling water out of the soil. Roots also hold the soil
together, making the land less vulnerable to erosion.
The ability of vegetation to moderate the effects of
runoff depends on the following conditions:
• The density of vegetation.
Densely wooded areas filter pollutants and absorb
water more effectively than sparsely vegetated areas.
i The type of vegetation.
Plants that form dense canopies and have deep roots,
such as trees and shrubs, will trap more rainwater,
draw more water from the soil, and protect against
soil erosion better than flowers and grass.
30

38%
EVAPO-
TRANSPIRATION
NATURAL GROUND COVER
35%
EVAPO-
TRANSPIRATION
30% RUNOFF
P d
203'o SSHALLOW�
15%DEEP ;
-� INFILTRATION (INFILTRATION
20% RUNOFF
:] 21%SHALLOW
INFILTRATION
10% -20% IMPERVIOUS SURFACE
35% - 50% IMPERVIOUS SURFACE 75% -100% IMPERVIOUS SURFACE
Figure 7.
Typical Changes in Runoff Flows Resulting from Paved Surfaces
31

• The slope of the wooded area.
Water can move through wooded areas with steep slopes -
too quickly for it to be absorbed by the soil or for
pollutants to settle out.
• The width of the wooded area.
Increasing the amount of vegetation and the distance
between development and the water decreases the -
amount of runoff that will flow into a river or
sound, and increases the amount of water that can
recharge the aquifer. Therefore, the wider the -
wooded buffer is, the more effective it will be in
protecting water quality.
Wooded Swamps
Wooded swamps maintain both water quantity and quality.
They moderate water flows, reducing flooding downstream, as
well as protecting nursery areas from surges of freshwater
runoff. The flat terrain of swamps and the plants that grow
there slow water, allowing some pollutants and sediments to
settle out. Some pollutants may be buried by sediment, at
least until physical or biological activity stirs up the
sediments.
The ability of wooded swamps to purify water depends
upon these factors:
• The amount of time the water spends moving through
a swamp.
Water that moves slowly through a swamp is more
likely to be purified through settling, evaporation,
biological activity, or chemical reaction than if it
moves quickly. Channelizing water through a swamp
increases the rate of water movement which can cause
large quantities of fresh water to move rapidly into
an estuary. This rapid movement of water can change
estuarine salinity patterns and adversely affect fish
habitat, as well as decrease the amount of pollution
that can be removed from the water.
• The amount of vegetation in a swamp.
The plants in a swamp increase the rate of water
evaporation, take up water and nutrients, add organic
matter, and slow water so that solids can settle out.
Thus, the amount of vegetation in a swamp affects the
ability of a swamp to purify the water that flows
through it.
32

• The ability of water to enter the swamp.
Road construction, berms, spoil piles, and other
barriers reduce the quantity and movement of water
through swamps. Water may either accumulate behind
the barrier, causing flooding, or it may move around
the swamp and directly into an estuary.
Tidal Wetlands
Tidal wetlands can filter pollutants in a number of
ways. The wide, flat expanses of marsh grasses and the
decaying matter they produce slow water, allowing solids to
settle out, and trapping large particles. The mucky marsh
soils also have the ability to chemically break down or hold
some types of pollutants.
One function of tidal marshes -- and the reason they
are considered to be more productive than farmland -- is to
break down dead plant and animal matter that provides food
for estuarine organisms. During this process the organic
material found in runoff may also be broken down, leaving
nutrients that can be used by marsh plants.
Although tidal wetlands are considered to be very
important for removing nutrients from runoff, they
can only take up a limited amount of nutrients. Therefore,
these wetlands should not be considered for use as a natural
wastewater treatment plant. Likewise, the many beneficial
functions of tidal wetlands can be lost if the wetlands are
damaged or destroyed.
The ability of tidal wetlands to purify water depends
upon the following variables:
• The ability of upland runoff to flow evenly through
a wetland.
Water runoff that is diverted into channels moves
too rapidly for sediments to settle out or for a
marsh to process organic matter. If water is
channeled to only one section of a marsh, the marsh
may not be able to assimilate the large volume of
materials, or erosion may occur.
• The wetland's size and type.
As the surface area of a marsh increases, so does its
capacity for filtering pollutants. This capacity is
also affected by how dense the vegetation is and how
much peat is in its soil.
33

e The pollutant loads.
Recent studies indicate that wetlands have a limited
capacity for removing pollutants, especially
nutrients, from wastewater or runoff. When that
capacity is exceeded, marshes discharge the excess
pollutants into the surrounding tidal waters.
34

Chapter Three
Land Use Planning to
Protect Coastal Water Quality

As the pressures to develop the coast increase, the
need to protect water resources from contamination also
increases. Federal and state agencies have only limited
authority to provide that protection, but local governments
have the jurisdiction -- through zoning and police powers --
to thoroughly address the wide variety of water quality
problems and their sources. Thus local governments must
play a more active and aggressive role in managing
development in order to sustain the health and productivity
of coastal waters.
Land use planning offers local governments just such an
opportunity. A land use plan expresses a community's vision
of how it will develop -- it is a design for locating
businesses, homes, and factories within the context of the
natural resources of the coast. In describing its goals for
the future through the land use plan, a community can
influence how water resources are used. If maintaining the
quality of its waters is one of the community's objectives,
then the land use plan can be written to reflect that
desire.
Land use plans are the most effective way to manage
coastal water resources because they establish a framework
that can resolve conflicting resource needs, address
potential pollution problems, provide for comprehensive
water quality management, encourage use of natural areas to
protect water resources, and maintain the traditional
aspects of communities.
As the preceding chapter indicates, there are a
multitude of needs for water in the coastal area, and
sometimes those needs conflict. For example, some of the
most desirable land for residential development is
immediately adjacent to coastal waters, often the same
waters that fishermen rely on to harvest seafood. However,
water coming off the cleared and paved land and into the
nursery or shellfish areas can drastically alter the basic
characteristics of those areas that make them so productive.
Therefore it is essential to develop ways to manage water
from the land so coastal waters are not damaged. Land use
plans can be used to resolve conflicting water needs, and so
provide for both water quality and water use.
By developing a plan that specifies how different
resources and natural areas within a community will be used,
local governments can take a preventive approach to water
quality problems. This approach is far less expensive and
is likely to be more successful than correcting a pollution
problem after it has occurred. For instance, cleaning up
contaminated groundwater can cost millions of dollars -- one
37

gallon of spilled gasoline alone can cost $150 to clean up.
Likewise, a study of stormwater pollution at Lake Tahoe
found that planning was the least expensive method of
protecting the lake from degradation.
Not only are corrective measures costly, there are no
reliable estimates of the losses which could result from
water pollution damage to fisheries, agriculture, or tourism
before the problem could be resolved. Unfortunately, there
are also some types of pollution that cannot be cleaned up.
The planning process allows the broadest possible
jurisdiction for local decisionmaking so that development
can be overseen at the local watershed level. This is
particularly important in dealing with nonpoint source
pollution which is so complex that only comprehensive
management can adequately address all the associated
problems simultaneously. Planning is also useful in
reducing the effects of point source pollution. Proper
siting of industry, for example, will protect both ground
and surface waters.
Another advantage of land use planning is that
communities can develop policies for growth that will ensure
protection of water quality without relying on technological
approaches that do not work as well in the coastal area as
in other parts of the state. For instance, structural
controls for runoff, such as detention ponds and recharge
trenches, do not work well in the high water table and sandy
or peaty soils of the coastal area.
Instead, land use plans can identify the most
appropriate uses for different areas according to their soil
type, drainage patterns, vegetation, and availability of
utilities. Development can be targeted to areas where
natural drainage patterns would be altered the least, the
inherent abilities of soil, vegetation, and other natural
features that protect water quality could be taken advantage
of, and existing sewage and water facilities could be used
fully. By working with the natural characteristics of the
land -- instead of ignoring them -- people can continue to
use, enjoy, and benefit from coastal waters.
Finally, planning can maintain the traditional cultural
and aesthetic characteristics -- and thus long-term property
values -- of a community. Natural areas have many uses
(such as wildlife habitat, parks, and flood control) that
make communities more attractive to residents and visitors
alike. By guiding development so that it ensures the
integrity of natural areas, towns and counties can preserve
the water quality necessary for the diversity of coastal
economic activities. This chapter explains how the land use
planning process can be used to protect water quality.
0J

HOW LAND USE PLANS WORK
The planning process combines environmental principles
with community management to develop a course of action that
anticipates problems and guides growth. The process does
not need to be complex, and, in fact, benefits from
simplicity. By approaching the issues at their basic level,
the resulting land use plan will be easier to implement and
will gain in public understanding and support.
Protecting coastal water quality requires a coordinated
effort between local, state, and federal programs that uses
a mixture of technological, regulatory, and planning
measures. At the heart of such a cooperative effort is the
local land use plan, an important link between the various
levels of government.
Perhaps the most important use of the land use plan is
as a foundation for the preparation of local management
tools. Zoning ordinances, subdivision regulations, and
capital improvements plans gain support from a land use plan
that effectively considers both the environmental and
development needs of the community. Futhermore, should
local ordinances be challenged in the courts, they will be
much more defensible if they are consistent with the
policies of the land use plan.
The ability of local government to implement the plan
must be considered as the plan is drafted. Effective
implementation involves every local government agency.
Local health and sanitation officials, sewer and water
technicians, permit officers, engineers, inspectors,
planners, and ground maintenance personnel will perform
their jobs better if they understand the policies of the
governing board. Policies related to water quality, then,
may become a routine part of the community's activities.
Under federal law and state executive order, all
federal and state plans, policies, and programs must be
consistent with the North Carolina Coastal Management
Program to the "maximum extent practicable." Local land use
plans are incorporated into the coastal management program;
therefore, government agencies must use the policies in the
plans as a guide to making decisions about grant and permit
applications. Local governments also use the plans for
decisionmaking and, when issuing minor development permits
under the Coastal Area Management Act, act in accordance
with the plans.
Likewise, if an individual applies for a coastal
management permit or some type of federal authorization, the
proposal will be examined for consistency with the local
plan. If the proposal is found to be inconsistent with the
39

plan, the application can be conditionally approved or
denied. Plans can be amended or policies clarified as the
goals of the local government change.
Land use plans also help to inform property owners,and
developers about the goals of the local government. By
knowing where and how the local government wants to develop,
and where it will be providing public facilities, developers
can make better decisions as they plan projects.
Misunderstandings and confrontations can be reduced if the
local government distributes plans to citizens who need to
be aware of local policies.
DESIGNING A LAND USE PLAN TO PROTECT WATER QUALITY
While the.actual organization of a plan can vary, there
are three general areas that should be included: a
description of the community's reliance and effects on water
resources; a description of the water resources; and a
discussion of local concerns leading to the development of
policies and an implementation strategy. The following
examples illustrate the information that should be described
in these three categories of a land use plan.
The Community's Reliance and Effects on Water Resources
• Population information indicating growth trends and
seasonal fluctuations.
• Local business and industry, including an analysis of
the economic impact of water -related activies.
s The area's geographic location and relationship to
adjacent water bodies.
• The local water supply source and its quality, demand
level, and treatment. If it is a groundwater source,
include location of wells, depths to seasonal high
water table, and identification of aquifers used.
s Soils that are suitable for septic tanks and soils
that are unsuitable for septic tanks (i.e. loose,
sandy soils that would allow pollutants to leach into
the ground and surface waters or dense soils that
will not allow adequate infiltration).
• Areas that currently rely on septic tanks and their
distance from well sites and estuarine waters.
• Known point sources of pollution such as industrial
40

sites, wastewater treatment plants, landfills, solid
waste disposal sites, and underground storage tanks.
• Available waste treatment systems, including their
state of repair and capacity, and anticipated needs
for the future.
o Storm sewer drainage points and the approximate
drainage area for each source.
• Other drainage systems, such as agricultural canals.
• Publicly owned lands that could provide water quality
buffer zones, including parks, boat access areas, and
the like.
The Water Resources
• Classifications for surface and ground waters as
determined by the Environmental Management
Commission, and the natural functions of these
waters. This should include waters used for
fisheries, swimming, and commercial activities, as
well as capacity use, nutrient sensitive, and primary
nursery areas.
• An inventory of wetlands of all types and discussion
of their relationship to developed areas
geographically and ecologically.
Water Quality Concerns Leading to the Development of Policies
and Implementation Strategy
This section of a land use plan should examine the
importance of water quality to the community and identify
major local concerns. Policies are then written that
reflect the community's water resources plan. These
policies are in part illustrated by a land classification
map. Land use regulations, such as zoning, planned unit
development, and subdivision ordinances, can then be
developed to implement the policies. The following outline
describes how these policies should be addressed.
Government coordination
e A brief description of the water quality efforts
undertaken by government agencies in the area.
• An outline of water quality educational efforts which
may be appropriate for the community to undertake.
41

Public spending and land acquisition
s A schedule of priorities for repairing,
rehabilitating, and constructing sewage treatment
systems.
e A description of water management plans for all
publicly owned lands including school yards, parks,
and the like that can be used as an example for
private sector development.
e An analysis of the ability of parks or other public
lands to provide buffers for stormwater runoff when
considering those areas for acquisition.
Management of development
e A discussion of best management practices (such as
vegetative buffers and pervious paving materials)
that should be used on all lands, especially on the
lands adjacent to streams, rivers, lakes, and sounds.
e Identification of conservation areas important to
water quality or quantity -- or other resource
protection -- using the CAMA Land Classification
System and definition of acceptable uses.
(Good examples of how the conservation class can be
used to protect water resources are in the 1981 land
use plan for Dare County and the 1986 land use plan
for Tyrrell County. In addition to areas of
environmental concern, these counties have used the
conservation classification to designate buffers
along the estuarine waters in order to maintain
shoreline stability and water quality. The buffers
will be determined by the soils that filter
pollutants and nutrients. Development within the
buffers will be managed carefully to protect both the
natural resources and personal property rights.
Similarly, New Hanover County has developed a
conservation class along vulnerable shorelines and
adopted land use ordinances specifically to protect
water quality in these areas.)
e Identification of "transition" areas that are best
suited for different types of anticipated development
and their utility needs. For example, areas targeted
for residential use with septic tanks and wells
should be located in areas with good soils and
adequate space between septic systems and the
seasonal high water table. High density development
should be provided with central sewage facilities and
thus would not require high quality soils.
42

M �gfi/l4
GRASS WATERWAYS instead of curbs and
gutters allow the infiltration of water into the
ground.
t
4
STRAWBALES at construction sites hold back
sediment and help protect receiving waters. .a.^.^
CONTOUR FARMING
reduces erosion and
runoff.
I
RVATION BUFFERS along waterways
streambanks and reduce soli erosion ani
POROUS PAVEMENT, especially in puking
areas, reduces runoff.
CONTROLLED DENSITY of developed areas
'W% and maintenance of natural vegetation reduces
effects of pollution on ground and surface
a.>1 waters.
Figure 8.
Examples of Best Management Practices
MUM or NO TILLAGE
a layer of plant residue on
,ound that protects the soil
erosion year-round.
MANURE STORAGE and LIVESTOCK
CONTAINMENT reduce bacterial
contamination of waterways.

• Development of an effective program of regulation,
monitoring, and enforcement to improve water quality
conditions. This would include the proper
installation and continual functioning of septic
systems, water and sediment management at all
construction sites, control of illegal dumping, the
development and maintenance of vegetated buffers, and
the reduction of impervious surfaces.
Public education
e Encourage and sponsor educational programs on
activities that affect water quality and ways to
prevent water pollution. These programs could
involve the Soil Conservation Service and the
Division of Land Resources for sedimentation and
erosion control, local agricultural extension agents
for best management practices and the cost-effective
use of fertilizers and pesticides, and the Division
of Forestry for best forestry practices.
The divisions of Marine Fisheries and Water Resources
and the Wildlife Resources Commission could provide
information on water and habitat management concerns.
For programs on stormwater runoff and land use
planning the divisions of Environmental Management,
Community Assistance, and Coastal Management and the
University of North Carolina Institute of Government
could be contacted.
IMPLEMENTING A LAND USE PLAN
There are a number of tools that local communities can
use to manage water resources. These tools have been
divided into two groups, basic and complex.
The first group consists of traditional zoning,
subdivision, and planned unit development regulations that
are routinely used by local governments. The second group
is made up of more complex regulatory programs such as
special use permits and performance zoning that should only
be used to complement an established program of more
traditional regulations.
Basic Regulations
The basic regulations are designed to'give local
governments greater flexibility to negotiate changes in a
development project's design or density, and to require the
developer to provide more information about the project and
its effects on the environment. This section describes
44

these types of regulations
Traditional zoning
The purpose of this management tool is to require
adequate standards for the development of individual
properties both from a land use and construction standpoint.
Zoning can control the density of development through
minimum lot sizes and can determine the orientation of the
structure by requiring setbacks, buffer areas, and building
separation. The following are examples of zoning
requirements that can be used to affect water quality:
• Set minimum lot sizes in all areas adjacent to
waterways or in key watershed management areas.
• Require minimum setbacks for structures adjacent to
water bodies.
• Establish conservation zones.next to all waters and
require some type of permanent vegetated cover. This
is particularly important near primary nursery areas
and waters with similar functions.
• Prohibit the direct channeling of surface water
runoff into adjacent water bodies and require instead
that it be managed by a method appropriate for that
area and the distance from the water.
• Require that parking areas be located as far away
from the water as possible.
• Require the maximum practical use of pervious
materials such as open interlocking pavers for the
construction of parking lots and driveways in areas
located a certain distance from the water.
Subdivision regulations
The process of converting large tracts of undeveloped
land into smaller residential lots that are ready for
construction is controlled by subdivision regulations. The
controls focus on site design and engineering standards, and
require that certain improvements, such as streets, land
drainage systems, and sewers, be provided. These provisions
can be enforced by a performance bond which developers are
required to post before permits are issued for site
improvement or construction. The following examples can be
incorporated into subdivision regulations to improve water
quality:
• Require a minimum lot size for lots within a certain
distance of all major surface waters.
45

• Require a water management plan that describes the
movement of water on the site, preserves natural
drainage patterns and waterways as much as possible,
provides for the diversion of all storm water into
vegetated areas to allow percolation into the soil,
lays out lots so that runoff volume and velocity are
not greater than natural levels, and prohibits direct
channeling of stormwater into surface waters.
• Require a grassed or vegetated buffer strip between
high ground development and surface waters.
Sufficient control should be obtained to ensure that
these areas are maintained in perpetuity. This can
be accomplished by requiring dedication to the
community.
• Include provisions to encourage site design,
construction practices, and building materials that
will minimize the effects of development on water
quality. These provisions can include setbacks for
roads, restrictions on the use of curbs and gutters,
and requirements for the use of pervious paving
materials such as open interlocking pavers for
driveways and parking areas.
Subdivision regulations related to off -silts far ililies
Subdivision regulations also can require that certain
off -site facilities such as sewage treatment plants and
water supply systems be provided before the proposed
subdivision is approved. This type of requirement is
intended to ensure that development is supported by adequate
facilities.
Planned unit development and cluster zoning
Planned unit development and cluster zoning regulations
combine the elements of zoning and subdivision ordinances
described above. Under this approach, the local planning
administrator reviews and approves in advance the complete
development plans beginning with the site preparation and
continuing through the final construction phases.
By reviewing a proposal in its entirety before work
begins, measures to protect water quality can be added at
little or no additional expense. In many cases, water
management provisions actually add value to the finished
project. This tool provides additional incentives for
developers to add buffers and setbacks in return for greater
building density. The limits and terms of this type of
negotiation are usually defined through regulation and offer
many benefits if properly administered.
M1

Capital improvement budgets
The purpose of this management tool is to establish a
firm plan for public expenditures for capital improvements.
By guiding public facilities to areas where development will
not damage water quality, local governments can prevent
potential water quality problems from occurring. similarly,
local governments can identify areas with existing water
quality problems and fund projects such as public water or
sewer systems to alleviate the problems.
Complex Regulations
There are more complicated land use regulations, such
as performance zoning, that can be used to accomplish
specific environmental management goals. These regulations
can be costly and difficult to administer, and rely on the
advanced negotiating skills of local officials. This
section describes these different types of regulations.
Special or conditional use permits
Development permits can be conditioned to require
special measures to protect the environment for projects
that would create particular environmental problems. This
type of permit can be used when the proposed activity
normally would be permitted without question, but due to
unusual circumstances additional provisions are needed to
avoid environmental damage.
This is different from a zoning variance because
variances address activities that are prohibited by
regulation, but are allowed in unique circumstances if the
regulation would present an undue hardship on the property
owner. Special use permits allow projects not allowed as a
use of right but which may be allowed if they meet certain
standards adopted by the community.
Performance zoning -
Performance zoning identifies specific environmental
standards that must be met by all development occurring in a
particular zone. Developers are free to proceed in any
fashion as long as they do not exceed the standards. For
example, a performance standard in a zoning ordinance could
provide that development may be allowed if surface runoff
does not exceed a given level of flow.
While this approach can recognize the sensitivity of
natural resources, it requires a highly trained
administrator as well as careful monitoring and enforcement.
Local governments interested in using performance zoning
should be prepared to expend a great deal of administrative
47

time and effort. In coastal North Carolina only the town of
Oriental has considered a draft performance zoning
ordinance.
Local environmental impact ordinances
Local environmental impact ordinances require
developers to provide information about, and assess the
environmental impacts of, a proposed development. The local
government must determine that the information and analysis
is adequate before development can proceed.
The purpose of this analysis is to require developers
to take into account the environmental values that may be
affected by a development project and encourage them to use
best management practices to avoid environmental losses.
Three local governments in North Carolina have enacted local
environmental impact ordinances: Chapel Hill, Pamlico
County, and Holden Beach. Local governments should consult
G.S. 113A before exploring the use of these ordinances.
FOR MORE INFORMATION
Although there are many ways to protect coastal water
quality, each community must decide what types of planning
and regulations will work best for it. It may be useful to
contact other local governments that have used the
management techniques described here, as well as discussing
with the city or county attorney how any new tools would
affect existing ordinances.
The following appendices provide background material
for use in examining possible courses of action. Included
are excerpts from two different types of ordinances as well
as descriptions of various federal programs that may prove
useful in managing water resources.
Should any additional information be
contact the Division of Coastal Management
following locations:
N.C. Department of Natural Resources
and Community Development
P.O. Box 27687
Raleigh, N.C. 27611
919/733-2293
1424 Carolina Avenue
Washington, N.C. 27889
919/946-6481
7225 Wrightsville Avenue
Wilmington, N.C. 28403
919/256-4161
needed, please
at one of the
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PROPOSED EXTRA REQUIREMENTS FOR
PROTECTED WATERSHED DISTRICTS
The following regulation is an example of the zoning
ordinance used by Orange County to protect water resources.
This ordinance is presented here as an example for other
local governments that might wish to use this management
tool.
Stream Buffers Required in Protected Watersheds
Within the Protected Watershed District, an area
of land along Perennial streams shall be required
to remain in its natural state, unless the area is
subject to serious erosion in which case an
erosion resistant vegetative cover shall be
established and maintained. Perennial streams are
those streams in solid blue on the USGS Quadrangle
map for Orange County.
a) Width of Buffer Calculated
The stream buffer area shall start at the outer
edge of the flood plain and be measured a distance
of fifty (50) feet away from the flood plain plus
an additional distance depending on the slope near
the stream. The slope shall be calculated by
measuring a distance of 250 feet from the center
of the stream, determining the average rise in
elevation and multiplying that value by four.
This value shall be added to the minimum buffer of
50 feet to determine total width of buffer area
required. The maximum buffer in any case shall
not exceed 150 feet.
The flood plain is defined in the Orange County•
Flood Damage Prevention Ordinance, by special
survey by registered engineers or surveyors, by
the alluvial soil as designated in the orange
County soil survey, or through a site analysis by
the Orange County Planning Staff. Slope shall be
determined from the USGS Quadrangle map, by
on -site measurements, or by special survey by
registered engineers or surveyors.
b) Development Advisory Committee's Review of
Stream Buffers
The Development Advisory Committee established in
Article 2.4.2, can review the buffer requirements
for all developments and may recommend additional
buffer area where necessary.
51

c) Permitted Uses Within Stream Buffer Areas
The following uses are allowed as a matter of
right in stream buffers. All other uses are
prohibited.
1. Above ground and buried utility lines for
local distribution of electricity, telephone,
and cable television service, accessory, and
appertant apparatus such as poles, guy wires,
transformers, and switching boxes.
2. Bona fide farms except any use of farm
property for non -farm purposes.
3. Neighborhood utility facilities located within
a public right-of-way with the permission of
the owner of the right-of-way (State, City, or
Town).
4. Public and private streets, bridges, and
railroad rights -of -way. Where it is necessary
to construct streets, bridges, and railroad
lines across buffer areas, they shall enter
and exit the area as nearly perpendicular to
it as possible.
d) Stream Buffers Included As Part Of Minimum
Lot Size Requirements
Stream buffers may be used as part of the required
lot area or lot size for residential and
non-residential developments.
e) Existing Vegetation In Buffer Areas
Existing forested areas or any healthy vegetation
cannot be removed from a stream buffer except when
replaced with vegetation resulting in comparable
stormwater runoff velocity and quantity one year
after planting.
f) New Vegetation In Buffer Areas Required
New vegetation shall be planted to capture
non -source pollutants before they reach the
perennial stream, as per applicable Orange County
standards.
52

MODEL STORMWATER RUNOFF CONTROL ORDINANCE
The following runoff control ordinance is a generic
national model that local governments can use for reference
and discussion. This ordinance originally appeared as part
of a 1980 article in Natural Resources Journal entitled
"Stormwater Runoff Control: A Model Ordinance for Meeting
Local Water Quality Management Needs" by Frank E. Maloney,
Richard G. Hamann, and Bram D.E. Canter.
The model ordinance is based on sound scientific
principles for water management, and was thoroughly
researched and reviewed. The ordinance should not be
considered for adoption in its present form, but rather
should stimulate interested communities to adjust and modify
the concepts presented here so that they can be applied to
the characteristics and needs of a particular area.
Special consideration should be given to the
suggestions in Section Six (f), Section Seven (f), and
Section Nine (d) through (f) regarding a plan for
sedimentation and erosion control. As applied to North
Carolina, these provisions presume the plan submitted would
comply with state regulations concerning land disturbing
activities of one acre or more. Local governments could
also adopt a separate sedimentation and control ordinance
for land disturbing activities on areas smaller than one
acre.
This ordinance is detailed and complex, so fairly
sophisticated administrative ability would be needed to
implement it. This ordinance or modifications of it should be
reviewed carefully by legal counsel before it is adopted.
Section One: Short Title
This ordinance shall be known as the "Stormwater Runoff
Control Ordinance."
Section Two: Findings of Fact
The (governing authority) of (local unit) finds that
uncontrolled drainage and development of land has a
significant adverse impact upon the health, safety, and
welfare of the community. More specifically,
(a) Stormwater runoff can carry pollutants into
receiving water bodies, degrading water quality and
affecting finfish and shellfish production;
(b) The increase in nutrients such as phosphorus and
53

nitrogen accelerates eutrophication of receiving waters,
adversely affecting flora and fauna; —
(c) Improperly channeling water increases the velocity
of runoff, thereby increasing erosion and sedimentation;
(d) construction requiring the alteration ofnatural
topography and removal of vegetation tends to increase
erosion;
(e) Siltation of water bodies resulting from increased
erosion decreases their capacity to hold and transport
water, interferes with navigation, and harms flora and
fauna;
(f) Impervious surfaces -increase the volume'and rate
of stormwater runoff and allow less water to percolate into
the soil, thereby decreasing groundwater recharge;
(g) Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which
occur, endangering property and human life;
(h) Improperly managed stormwater runoff can'interfere
with the maintenance of optimum salinity in estuarine areas,
thereby disrupting biological productivity;
(i) substantial economic losses result from these
adverse impacts on community waters;
(j) Many future problems can be avoided if land is
developed in accordance with sound stormwater runoff
management practices.
Section Three: Objectives J i
In order to protect, maintain, and enhance both the
immediate and long term health, safety, and generalwelfare
of the citizens of (local unit), this ordinance has the
following objectives:
(a) To encourage productive and enjoyable harmony
between humanity and nature;
(b) To protect, restore, and maintain the chemical,
physical, and biological integrity of community waters;
(c) To prevent individuals, business organizations,
and governments from causing harm to the community by
activities which adversely affect water resources;
(d) To encourage the construction of drainage systems
54

which aesthetically and functionally approximate natural
systems;
(e) To encourage the protection of natural systems and
the use of them in ways which do not impair their beneficial
functioning;
(f) To encourage the use of drainage systems which
minimize the consumption of electrical energy or petroleum
fuels to move water, remove pollutants, or maintain the
systems;
(g) To minimize the transport of pollutants to
community waters;
(h) To maintain or restore groundwater levels;
(i) To protect, maintain, or restore natural salinity
levels in estuarine areas;
(j) To minimize erosion and sedimentation;
(k) To prevent damage to wetlands;
(1) To prevent damage from flooding, while recognizing
- that natural fluctuations in water levels are beneficial;
(m) To protect, restore, and maintain the habitat of
fish and wildlife; and
(n) To ensure the attainment of these objectives by
requiring the approval and implementation of water
management plans for all activities which may have an
adverse impact upon community waters.
Section Four: Definitions
Unless specifically defined below, words or phrases
shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance its most
effective application. Words used in the singular shall
include the plural and the plural the singular; words used
in the present tense shall include the future tense. The
word "shall" connotes mandatory and not discretionary; the
word "may" is permissive.
(a) "Adverse Impacts" are any modifications,
alterations, or effects on a feature or characteristic of
-- community waters or wetlands, including their quality,
quantity, hydrodynamics, surface area, species composition,
living resources, aesthetics, or usefulness for human or
natural uses which are or may potentially be harmful or
injurious to human health, welfare, safety or property, to
5.5

biological productivity, diversity, or stability or which
unreasonably interfere with the enjoyment of life or
property, including outdoor recreation. The term includes
secondary and cumulative as well as direct impacts.
(b) "Clearing" means the removal of trees and brush
from the land but shall not include the ordinary mowing of
grass.
(c) "Detention" refers to the collection and storage,
of surface water for subsequent gradual discharge.
(d) "Developer" means any person who engages in
development either as the owner or as the agent of an owner
of property.
(e) "Development" or "Development Activity" means:
(1) the construction, installation, alteration,
demolition, or removal of a structure,
impervious surface, or drainage facility; or
(2) clearing, scraping, grubbing, or otherwise
removing or killing the vegetation of a site;
(3) adding, removing, exposing, excavating,
leveling, grading, digging, burrowing,
dumping, piling, dredging, or otherwise
significantly disturbing the soil, mud, sand,
or rock of a site.
(f) "Drainage Facility" means any component of the
drainage system.
(g) "Drainage System" is the system through which
water flows from the land. It includes all watercourses,
waterbodies, and wetlands.
(h) "Erosion" is the wearing or washing away of soil
by the action of wind or water.
(i) "Flood" is a temporary rise in the level of any
waterbody, watercourse, or wetland which results in the
inundation of areas not ordinarily covered by water.
(j) "Impervious Surface" means a surface which has
been compacted or covered with a layer of material so that
it is highly resistant to infiltration by water. It
includes semi -impervious surfaces such as compacted clay, as
well as most coventionally surfaced streets, roofs,
sidewalks, parking lots, and other similar structures.
(k) "Natural Systems" means systems which

predominantly consist of or use those communities of plants,
animals, bacteria, and other flora and fauna which occur
indigenously on the land, in the soil, or in the water.
(1) "Owner" is the person in whom is vested the fee
ownership, dominion, or title of property, i.e., the
proprietor. This term may also include a tenant, if
chargeable under his lease for the maintenance of the
property, and any agent of the owner or tenant including a
developer.
(m) "Person" means any and all persons, natural.or
artificial and includes any individual, firm, corporation,
government agency, business trust, estate, trust,
partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
(n) "Predevelopment Conditions" are those conditions
which existed before alteration, resulting from human,
activity, of the natural topography, vegetation and rate,
volume or direction of surface or ground water flow, as
indicated by the best available historical data.
(o) "Receiving Bodies of Water" shall mean any
waterbodies, watercourses, or wetlands into which surface
waters flow either naturally, in manmade ditches, or in a
closed conduit system.
(p) "Retention" refers to the collection and storage
of runoff without subsequent discharge to surface waters.
(q) "Sediment" is fine particulate material, whether
mineral or organic, that is in suspension or has settled in
a waterbody.
(r) "Sedimentation Facility" means any structure or
area which is designed to hold runoff water until suspended
sediments have settled.
(s) "Site" means any tract, lot, or parcel of land or
combination of tracts, lots, or parcels of land which are in
one ownership, or are contiguous and in diverse ownership
where development is to be performed as part of a unit,
subdivision, or project.
(t) "Structure" means that which is built or
constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts
joined together in some definite manner but shall not
include fences or signs.
(u) "Subdivide" means to divide the ownership of a
parcel of land, whether improved or unimproved, into three
57

or more contiguous lots or parcels of land, whether by
reference to a plat, by metes and bounds or otherwise, or,
if the establishment of a new street is involved, any
division of a parcel of land. Subdivision includes a
resubdivision and, when appropriate to the context, relates
to the process of subdividing or to the subdivided.
(v) "Vegetation" means all plant growth, especially
trees, shrubs, vines, ferns, mosses, and grasses.
(w) "Waters" or "Community of Waters" means any and
all water on or beneath the surface of the ground. It
includes the water in any watercourse, waterbody, or
drainage system. It also includes diffused surface water
and water percolating, standing, or flowing beneath the
surface of the ground, as well as coastal waters.
(x) "Water Management Plan" refers to the detailed
analysis required by Section Six for each activity described
in Section Five of this ordinance.
(y) "Watercourse" means any natural or artificial
stream, river creek, channel, ditch canal, conduit, culvert,
drain, waterway, gully, ravine, street, roadway, swale, or
wash in which water flows in a definite direction, either
continuously or intermittently, and which has a definite
channel, bed, or banks.
(z) "Waterbody" means any natural or artificial pond,
lake, reservoir, or other area which ordinarily or
intermittently contains water and which has a discernible
shoreline.
(aa) "Watershed" means a drainage area or drainage
basin contributing to the flow of water in a receiving body
of water.
(bb) "Wetlands" means those areas where
(1) the soil is ordinarily saturated with water
or;
(2) the dominant plant community is one or more
of those species designated by the (Coastal
Resources Commission and/or U.S. Army Corps
of Engineers) as identifying wetlands or the
transitional zone of wetlands.
Section Five: Applicability
(a) Unless exempted pursuant to subsection (b) or
waived pursuant to subsection (c), a Water Management Plan
m

must be submitted and approved before:
(1) a plat is recorded or land is subdivided; or
(2) an existing drainage system is altered,
-_ rerouted, deepened, widened, enlarged, or
obstructed; or
(3) development is commenced.
(b) Exemptions. The following development activities
are exempt from the Water Management Plan Requirement:
(1) the development of less than five single
family or duplex residential dwelling units
and their accessory structures (such as
fences, storage sheds, and septic tanks) in
an existing subdivision;
(2) the development of one single family or
duplex residential structure not in an
existing subdivision;
(3) agricultural activity not involving the
artificial drainage of land;
(4) any maintenance, alteration, use, or
improvement to an existing structure not
changing or affecting quality, rate, volume,
or location of surface water discharge.
(c) Waivers.
(1) A waiver,of the Water Management Plan
requirement may be obtained by submitting an
_- application on forms supplied by (local
agency). The application shall contain:
(i) the name, address and telephone number
of the developer and owner; and
a description and a drawing of the
proposed development; and
(iii) the location of the development; and
(iv) any other information requested by
(local agency) that is reasonably
necessary to evaluate the proposed
development.
(2) The (local agency) may grant a waiver if the
application demonstrates the development is
59

not likely to:
(i) (significantly) increase or decrease
the rate or volume of surface water
runoff;
(ii) have a (significant) adverse impact on
a wetland, watercourse, or waterbody;
(iii) (significantly) contribute to the
degradation of water quality.
(3) The following types of development shall not
be eligible to receive a waiver:
(i) shopping centers;
(ii) industrial or commercial facilities;
(iii) subdivisions;
(iv) roads;
(v) impervious surfaces greater than
10,000 square feet.
(d) Variances. The (local agency) may grant a written
variance from any requirement of this ordinance using the
following criteria:
(1) there are special circumstances applicable to
the subject property or its intended use; and
(2) the granting of the variance will not:
(i) (significantly) increase or decrease
the rate or volume of surface water
runoff;
(ii) have a (significant) adverse impact
on a wetland, watercourse, or
waterbody;
(iii) (significantly) contribute to the
degradation of water quality;
(iv) otherwise (significantly) impair
attainment of the objectives of this
ordinance.
60

Section Six: Contents of the Water Management Plan
(a) It is the responsibility of an applicant to
include in the Water Management Plan sufficient information
for the (local agency) to evaluate the environmental
characteristics of the affected areas, the potential and
predicted impacts of the proposed activity on community
waters, and the effectiveness and acceptability of those
measures proposed by the applicant for reducing adverse
impacts. The Water Management Plan shall contain maps,
charts, graphs, tables, photographs, narrative descriptions,
and explanations and citations to supporting references, as
appropriate to communicate the information required by this
section.
(b) The Water Management Plan shall contain the name,
address, and telephone number of the owner and the
developer. In addition, the legal description of the
property shall be provided, and its location with reference
to such landmarks as major waterbodies, adjoining roads,
railroads, subdivisions, or towns shall be clearly
identified by a map.
(c) The existing environmental and hydrologic
conditions of the site and of receiving waters and wetlands
shall be described in detail, including the following:
(1) the direction, flow rate, and volume of
stormwater runoff under existing conditions
and, to the extent practicable,
predevelopment conditions;
(2) the location of areas on the site where
stormwater collects or percolates into the
ground;
(3) a description of all watercourses,
waterbodies, and wetlands on or adjacent to
the site or into which stormwater flows.
Information regarding their water quality and
the current water quality classification, if
any, given them by the (Environmental
Management Commission) shall be included;
(4) groundwater levels, including seasonal
fluctuations;
(5) location of flood plains;
(6) vegetation;
(7) topography;
61

(8) soils.
(d) Proposed alterations of the site shall be
described in detail, including:
(1) changes in topography;
(2) areas where vegetation will be cleared or
otherwise killed;
(3) areas that will be covered with an impervious,
surface and a description of the surfacing
material;
(4) the size and location of any buildings or
other structures.
(e) Predicted impacts of the proposed development on
existing conditions shall be described in detail, including:
(1) changes in water quality;
(2) changes in groundwater levels;
(3) changes in the incidence and duration of
flooding on the site and upstream and
downstream from it;
(4) impacts on wetlands; and
(5) impacts on vegetation.
(f) All components of the drainage system and any
measures for the detention, retention, or infiltration of
water for the protection of water quality shall be described
in detail, including:
(1) the channel, direction, flow rate, volume,
and quality of stormwater that will be
conveyed from the site, with a comparison to
existing conditions and, to the extent
practicable, predevelopment conditions;
(2) detention and retention areas, including
plans for the discharge of contained waters,
maintenance plans, and predictions of water
quality in those areas;
(3) areas of the site to be used or reserved for
percolation including a prediction of the _
impact on groundwater quality;
(4) a plan for the control of erosion and
62

sedimentation which describes in detail the
type and location of control measures, the
stage of development at which they will be,
put into place or used, and provisions for
their maintenance;
(5) any other information which the developer or
the (local agency) believes is reasonably
necessary for an evaluation of the
development.
Section Seven: Procedures and Fees
(a) Any person planning a development as defined in
this ordinance, unless exempted, shall submit a Water
Management Plan or an application for waiver to the (local
agency).
(b) Within ten (10) working days after submission of
the completed waiver application, the (local agency) shall
notify the applicant that the waiver has been approved or
denied and whether or not a Water Management Plan must be
submitted by the applicant.
(c) A permit fee will be collected at the time the
Water Management Plan or application for waiver is submitted
and will reflect the cost of administration and management
of the permitting process. The (governing authority) shall
establish, by resolution, a prorated fee schedule based upon
the relative complexity of the project. The fee schedule
may be amended from time to time by the (governing
authority) by resolution. Notice of such resolution shall
be published no less than fifteen (15) days prior to
adoption.
(d) Within thirty (30) days after submission of the
completed Water Management Plan, the (local agency) shall
approve, with or without specified conditions or
modifications, or reject the Plan and shall notify the
applicant accordingly. If the (local agency) has not
rendered a decision within thirty (30) days after Plan
submission, it shall inform the applicant of the status of
the review process and the anticipated completion date. If
the Plan is rejected or modified, the (local agency) shall
state its reasons. However, it is not the responsibility of
the (local agency) to design an acceptable project.
(e) The Water Management Plan shall not be approved
unless it clearly indicates the the proposed development
will meet the Performance Standards described in Section
Eight and the Design Standards described in Section Nine,
except where a variance has been granted pursuant to Section
Five, Subsection (d), or where off -site management is
63

approved pursuant to Section Ten.
(f) Inspections. No Water Management Plan may be
approved without adequate provision for inspection of the
property before development activity commences. The
applicant shall arrange with the (local agency) for
scheduling the following inspections:
(1) Initial Inspection -- prior to approval of
the Water Management Plan;
(2) Bury Inspection -- prior to burial of any
underground drainage structure;
(3) Erosion Control Inspection -- as necessary to
ensure effective control of erosion and
sedimentation;
(4) Finish Inspection -- when all work including
installation of all drainage facilities has
been completed.
The (local agency) shall inspect the work and shall either
approve it or notify the applicant in writing in what
respects there has been a failure to comply with the
requirements of the approved Water Management Plan. Any
portion of the work which does not comply shall be promptly
corrected by the applicant or the applicant will be subject
to the penalty provisions of Section Thirteen.
(g) Appeals. Any person aggrieved by the action of
any official charged with the enforcement of this Ordinance,
as the result of the disapproval of a properly filed
application for a permit, issuance of a written notice of
violation, or an alleged failure to properly enforce the
ordinance in regard to a specific application, shall have
the right to appeal the action to the (special hearing
examiner). The appeal shall be filed in writing within
twenty (20) days of the date of official transmittal of the
final decision or determination to the applicant, shall
state clearly the grounds on which the appeal is based, and
shall be processed in the manner prescribed for hearing
administrative appeals under (local or state code
provision).
Section Eight: Performance Standards
Water Management Plans must demonstrate the proposed
development or activity has been planned and designed and
will be constructed and maintained to meet each of the
following standards:
(a) Ensure that after development, runoff from the

site approximates the rate of flow, volume, and timing of
runoff that would have occurred following the same rainfall
under existing conditions and, to the extent practicable,
predevelopment conditions, unless runoff is discharged into
an Off -site Drainage Facility as provided in Section Ten;
(b) Maintain the natural hydrodynamic characteristics
of the watershed;
(c) Protect or restore the quality of ground and
surface waters;
(d) Ensure that erosion during and after development
is minimized;
(e) Protect groundwater levels;
(f) Protect the beneficial functioning of wetlands as
areas for the natural storage of surface waters and the
chemical reduction and assimilation of pollutants;
(g) Prevent increased flooding and damage that results
from improper location, construction, and design of
structures in areas which are presently subject to an
unacceptable danger of flooding;
(h) Prevent or reverse salt water intrusion;
(i) Protect the natural fluctuating levels of salinity
in estuarine areas;
(j) Minimize injury to flora and fauna and adverse
impacts to fish and wildlife habitat;
(k) Otherwise further the objectives of this
Ordinance.
Section Nine: Design Standards
To ensure attainment of the objectives of this
Ordinance and to ensure that performance standards will be
met, the design, construction, and maintenance of drainage
systems shall be consistent with the following standards:
(a) Channeling runoff directly into waterbodies shall
be prohibited. Instead, runoff shall be routed through
swales and other systems designed to increase time of
concentration, decrease velocity, increase infiltration,
allow suspended solids to settle, and remove pollutants;
(b) Natural watercourses shall not be dredged, cleared
of vegetation, deepened, widened, straightened, stabilized,
or otherwise altered. Water shall be retained or detained

before it enters any natural watercourse in order to
preserve the natural hydrodynamics of the watercourse and to
prevent siltation or other pollution;
(c) The area of land disturbed by development shall be
as small as practicable. Those areas which are not to be
disturbed shall be protected by an adequate barrier from
construction activity. Whenever possible, natural
vegetation shall be retained and protected;
(d) No grading, cutting, or filling shall be commenced
until erosion and sedimentation control devices have been
installed between the disturbed area and waterbodies,
watercourses, and wetlands;
(e) Land which has been cleared for development and
upon which construction has not commenced shall be protected
from erosion by appropriate techniques designed to
revegetate the area;
(f) Sediment shall be retained on the site of the
development;
(g) Wetlands and waterbodies shall not be used as -
sediment traps during development;
(h) Erosion and sedimentation facilities shall receive
regular maintenance to insure that they continue to function
properly;
(i) Artificial watercourses shall be designed
considering soil type, so that the velocity of flow is low
enough to prevent erosion;
(j) Vegetated buffer strips shall be created or, where
practicable, retained in their natural state along the banks
of all watercouses, waterbodies, or wetlands. The width of
the buffer shall be sufficient to prevent erosion, trap the
sediment in overland runoff, provide access to the
waterbody, and allow for periodic flooding without damage to
structures;
(k) Intermittent watercourses, such as swales, should
be vegetated;
(1) Retention and detention ponds shall be used to
retain and detain the increased and accelerated runoff which
the development generates. Water shall be released from
detention ponds into watercourses or wetlands at a rate and
in a manner approximating the natural flow which would have
occurred before development;
(m) Although the use of wetlands for storing and

purifying water is encouraged, care must be taken not to
overload their capacity, thereby harming the wetlands and
transitional vegetation. Wetlands should not be damaged by
the construction of detention ponds;
(n) The first one inch of runoff from impervious
surfaces shall be retained on the site of the development;
(o) Runoff from parking lots shall be treated to
remove oil and sediment before it enters receiving waters;
(p) Detention and retention areas shall be designed so
that shorelines are sinuous rather than straight and so that
the length of shoreline is maximized, thus offering more
space for the growth of littoral vegetation;
(q) The banks of detention and retention areas shall
slope at a gentle grade into the water as a safeguard
against drowning, personal injury, or other accidents, to
encourage the growth of vegetation, and to allow the
alternate flooding and exposure of areas along the shore as
water levels periodically rise and fall.
(r) The use of drainage facilities and vegetated
buffer zones as open space, recreation, and conservation
areas shall be encouraged.
Section Ten: Off -Site Drainage Facilities
(a) The (local agency) may allow stormwater runoff
that is otherwise of unacceptable quality or which would be
discharged in volumes or at rates in excess of those
otherwise allowed by this Ordinance, to be discharged into
drainage facilities off the site of development if each of
the following conditions is met:
(1) it is not practicable to completely manage
runoff on the site in a manner that meets
the Performance Standards and Design
Standards;
(2) the off -site drainage facilities and channels
leading to them are designed, constructed,
and maintained in accordance with the
requirements of this ordinance;
(3) adequate provision is made for the sharing of
construction and operating costs of the
facilities. The developer may be required to
pay a portion of the cost of constructing the
facilities as a condition of receiving
approval of the drainage plan;
67

(4) adverse environmental impacts on the site of
development will be minimized.
(b) A request to use off -site drainage facilities and
all information related to the proposed off -site facilities
should be made a part of the developer's Water Management
Plan. Guidelines for the consideration of off -site facility
use will be defined in the Manual of Surface Water
Management Practices.
Section Eleven: Manual of Stormwater Management Practices
(a) The (local agency) shall compile a manual of
Stormwater Management Practices for the guidance of persons
preparing Water Management Plans and designing or operating
drainage systems. The Manual shall be updated periodically
to reflect the most current and effective practices and
shall be made available to the public;
(b) The Manual shall include guidance and
specifications for the preparation of Water Management
Plans. Acceptable techniques for obtaining, calculating,
and presenting the information required in the Water
Management Plan shall be described;
(c) The Manual shall include guidance in the selection
of environmentally sound practices for the management of
stormwater and the control of erosion and sediment.
Specific techniques and practices shall be described in
detail. The development and use of techniques which
emphasize the use of natural systems shall be encouraged;
(d) The Manual shall also establish minimum
specifications for the construction of drainage facilities -
Construction Specifications shall be established in
accordance with sound engineering practices;
(e) The (local agency) shall submit the Manual and
subsequent revisions of it to the (local authority) for
review and approval.
Section Twelve: Maintenance
(a) Drainage facilities shall be dedicated to the
(governing authority) where they are determined to be
appropriately a part of the (local unit) maintained regional
system or are unlikely to be adequately maintained by the
developer or owner of the property.
(b) The systems maintained by the owner shall have
adequate easements to permit the (local agency) to inspect
and, if necessary, to take corrective action should the

owner fail to properly maintain the system. Before taking
corrective action, the (local agency) shall give the owner
written notice of the nature of the existing defects. If
the owner fails within thirty (30) days from the date of
notice to commence corrective action or to appeal the matter
to the (special hearing examiner), the (local agency) may
take necessary corrective action, the cost of which shall
become a lien on the real property until paid.
Section Thirteen: Enforcement
(a) Nuisance. Any development activity that is
commenced without prior approval of a Water Management Plan
or is conducted contrary to an approved Water Management
Plan as required by this ordinance, shall be deemed a public
nuisance and may be restrained by injunction or otherwise
abated in a manner provided by law.
(b) Civil and Criminal Penalties. In addition to or
as an alternative to any penalty provided herein or by law,
any person who violates the provisions of this Ordinance
shall be punished by a fine of not less than One Hundred
Dollars ($100) nor more than One Thousand Dollars ($1,000)
or by imprisonment in the county jail for a period not to
exceed sixty (60) days, or by both such fine and
imprisonment. Such person shall be guilty of a separate
offense for each day during which the violation occurs or
continues;
(c) Any violator may be required to restore land to
its undisturbed condition. In the event that restoration is
not undertaken within a reasonable time after notice, the
(local agency) may take necessary corrective action, the
cost of which shall become a lien upon the propoerty until
paid.
(d) Notice of Violation. When the (local agency)
determines that development activity is not being carried
out in accordance with the requirements of this Ordinance,
it shall issue a written notice of violation to the owner of
the property. The notice of violation shall contain:
(1) the name and address of the owner or
applicant;
(2) the street address when available or a
description of the building, structure, or
land upon which the violation is occurring;
(3) a statement specifying the nature of the
violation;
(4) a description of the remedial actions
m

necessary to bring the development activity
into compliance with this Ordinance and a
time schedule for completion of such remedial
action;
(5) a statement of the penalty or penalties that
shall or may be assessed against the person
to whom the notice of violation is directed;
(6) a statement that the (local agency) _
determination of violation may be appealed to
the (special hearing examiner) by filing a
written notice of appeal within fifteen (15)
days of service of notice of violation.
The notice of violation shall be served upon the
person(s) to whom it is directed either personally, in the
manner provided for personal service of notices by the court
of local jurisdiction, or by mailing a copy of the notice of
violation by certified mail, postage pre -paid, return
receipt requested to such person at his or her last known
address.
A notice of violation issued pursuant to this section
constitutes a determination from which an administrative
appeal may be taken to the (special hearing examiner).
Section Fourteen: Severability
Each separate provision of this Ordinance is deemed
independent of all other provisions herein so that if any
provision or provisions of this ordinance be declared
invalid, all other provisions thereof shall remain valid and
enforceable.
Section Fifteen: Effective Date
This Ordinance shall become effective on
70

Two
State and Federal Laws to
Protect Water Quality

Government laws and programs related to water quality
are often viewed as confusing and overly complex. They are
implemented by dozens of agencies, each of which is
responsible for some aspect of water resource management.
Although it is beyond the scope of this handbook to detail
the interactions between the various agencies, this appendix
provides an overview of the state and federal laws related
to water management.
By and large, initiatives to address water quality have
begun at the federal level of government. As problems have
been identified, federal laws have been passed to establish
regulatory programs and planning and management programs, or
some combination of the two. The specific federal response
has been influenced by the nature of the problem, the
traditional jurisdiction that the problem falls within, and
the political climate of the day.
Regulating activities on the nation's waterways, for
example, has traditionally fallen under federal purview
because of navigation and public service. Over time, the
public's interest in these areas has expanded beyond simple
access for navigation, and now includes water quality
considerations. Because of the traditional federal
involvement, the regulatory authority provided under Section
404 of the Clean Water Act was given to the U.S. Army Corps
of Engineers rather than delegated to the states.
Environmental problems have often been addressed by
providing federal grants and incentives to states to
implement protection programs. This type of approach
recognizes that high ground activities are of national
interest, but that they have been traditionally state and
local areas of responsibility. Sedimentation and erosion
control, for example, has been addressed through state law
and local ordinance and supported by limited federal grants
for planning and improved management practices.
This same approach was used to encourage coastal
management through the federal Coastal Zone Management Act.
It provides grants to coastal states to develop resource
management systems. In this case, federal, state, and local
interests are reflected in the individual state's resource
management program.
To a large extent, these programs have been designed to
coordinate the implementation of specific environmental
laws, such as erosion control, to achieve improvements in
water quality. This effort has been successful, but it has
also revealed gaps in the ability of government to achieve
the sweeping success indicated by the programs' goals.
One of the gaps is managing high ground sources of
73

pollution that are beyond the traditional state and federal
water quality laws but which are within the local government
planning, zoning, and regulatory authorities. Requiring a
vegetated buffer between high ground development and a
natural creek, for example, cannot be required by state and
federal programs, but can be required by local ordinance.
The following list of state and federal laws indicates
a wide diversity of environmental programs, but when
considered as a whole the list also shows that some elements
are missing from what would be considered to be a
comprehensive water quality management scheme.
Major State Water Quality Legislation
The Mining Act of 1971
G.S. 74-46 et seq.
This law requires the consideration of water quality in
mining activities, and that a permit be obtained for such
activities. Overall, mining must not adversely affect
wildlife, fresh water, estuarine or marine fisheries,
violate state standards for surface or groundwater quality,
or result in substantial deposits of sediments in streambeds
or lakes or cause acid water pollution. The state Mining
Commission is established by this act and authorized to
adopt rules and regulations. Contact: Division of Land
Resources-DNRCD, 919/733-3833.
The North Carolina Well Construction Act
G.S. 87-83 et seq.
This law applies to wells withdrawing at least 100,000
gallons of water per day. It requires that wells be
constructed so that groundwater contamination is prevented.
The Environmental Management Commission has the authority to
adopt rules and regulations. Contact: Division of
Environmental Management-DNRCD, 919/733-7015.
Certification of Wastewater Treatment Plant Operators
G.S. 90A-35 et seq.
The purpose
the state's water
receiving streams
is authorized to
require operator
Contact: Divisio
919/733-7015.
of this law is to protect the quality of
resources and to maintain the quality of
The Environmental Management Commission
classify waste treatment facilities,
certificates, and monitor their operation.
n of Environmental Management-DNRCD,
74

Permits to Dredge and/or Fill in or about Estuarine Waters
or State Owned Lakes
G.S. 113-229
Under this law permits are issued for dredging and
filling activities. Permit applications will be denied if
the proposed activity is found to have a significant adverse
effect on the use of the waters by the public; the value and
enjoyment of riparian property owners; the public's health,
safety, and welfare; the quality of public or private water
supplies; and wildlife, fresh water, estuarine or marine
fisheries. The Coastal Resources Commission hears permit
appeals. Contact: Division of Coastal Management-DNRCD,
919/733-2293.
State Environmental Policy Act
G.S. 113A-1 et seq.
The purpose of this law is to encourage the wise,
productive, and beneficial use of the state's natural
resources without damage to the environment. The act also
encourages an educational program to create public awareness
of environmental programs and requires state organizations
to consider and report on environmental aspects and
consequences of their actions involving expenditures of
public money. Contact: Department of Administration,
919/733-7232.
Sedimentation Pollution Control Act of 1973
G.S. 113A-50 et seq.
This act recognizes sedimentation as a major pollutant
of state waters. The act establishes the Sedimentation
Control Commission and authorizes it to adopt necessary
rules and regulations and implement a state program for
erosion and sedimentation control. The act also requires
that erosion and sedimentation control plans be submitted
for activities that would disturb more than one acre of
land. Contact: Division of Land Resources-DNRCD,
919/733-3833.
The Coastal Area Management Act of 1974
G.S. 113A-100 et seq.
This act establishes the Coastal Resources Commission
which sets policies and standards for the North Carolina
Coastal Management Program. The Division of Coastal
Management issues permits for development in the four areas
of environmental concern within the twenty coastal counties
under the authority of the commission. The commission sets
construction standards and guidelines to follow in
determining whether or not a permit will be approved for
75

development within the areas of environmental concern,
including the estuarine system AEC.
Protection of water quality is one of the basic goals
of the act and the commission's standards clearly state that
development that would damage coastal waters will not be
allowed. Although water quality can be managed to some
extent through the permitting process, there are several
activities that the coastal program does not have the
authority to regulate, principally agriculture and forestry.
Local governments, however, do have the authority to•guide
activities outside the designated areas of environmental
concern -- land use planning and zoning are two of the
primary methods for doing so. Contact: Division of Coastal
Management-DNRCD, 919/733-2293.
Watershed Improvement Programs
G.S. 1309-16 et seq.
This law sets out procedures to be followed in
connection with watershed improvements or drainage projects
that involve channelization. The Environmental Management
Commission is responsible for carrying out the provisions of
this act. Contact: Division of Environmental
Management-DNRCD, 919/733-7015.
Department of Natural Resources and Community Development,
organization and Powers Generally Related to the Control of
Pollution
G.S. 143B-282 et seq.
This statute defines the powers of the Environmental
Management Commission. Among other authorities, the
commission can classify waters, adopt water use standards,
require water use permits, and require pollution abatement
and control measures. Contact: Division of Environmental
Management-DNRCD, 919/733-7015.
Regulation of Use of Water Resources
G.S. 143-211 et seq.
The purpose of this statute is to conserve water
resources and to maintain conditions that are conducive to
the development and use of water resources. Under this act
the Environmental Management Commission is authorized to
designate "capacity use areas" where it is found that the
use of groundwater or surface water or both requires
coordination and regulation for the protection of the public
interest. Contact: Division of Environmental
Management-DNRCD, 919/733-7015.
76

Water and Air Quality Reporting Act of 1971
G.S. 143-215.63 et seq.
This statute authorizes the Environmental Management
Commission to require all persons receiving a permit from
the Division of Environmental Management to file reports
covering the discharge of wastes in state waters and to
establish and maintain approved systems for monitoring the
quality and quantity of such discharges into the water.
Contact: Division of Environmental Management-DNRCD,-
919/733-7015.
Oil Pollution and Hazardous -Substances Control Act of 1978
G.S.:143-215.75 et seq.
The purpose of this law is to protect the publics
health, safety, and welfare by protecting land and water
from pollution by oil, oil products, oil by-products, and
other hazardous substances. This law authorizes the
Environmental Management Commission to regulate oil
discharges, oil terminal facilities, and oil refining
facilities. Contact: Division of Environmental
Management-DNRCD, 919/733-7015.
Water Use Act
G.S. 143-215 et seq.
This law charges the Environmental Management
Commission with the responsibility of carrying out a program
of planning and education concerning the most beneficial
long-term use and conservation of the state's water
resources. Contact: Division of Environmental
Management-DNRCD, 919/733-7015.
North Carolina Pesticide Law of 1971
G.S. 143-Act 52 and 143-441
This law authorizes the Department of Agriculture to
appoint a Pesticide Board that can adopt rules and make
policies for programs to regulate the use, application,
sale, disposal, and registration of pesticides. Water
quality is a consideration of disposal regulations.
Contact: Food and Drug Protection Division -DOA,
919/733-7366.
Toxic Substances Act OF 1979
G.S. 143-476(d)
This act controls the disposal of specific toxic
substances: mercury, plutonium, selenium, thallium, and
uranium, PCBs, and kepone. This act makes it a felony to
77

dump, incinerate, or otherwise dispose of these substances
in water or land unless it is done in accordance with a
federal or state law, regulation, or permit. The Department
of Crime Control and Public Safety is responsible for
coordinating state agencies' initial response to critical
toxic substance incidents. Contact: Department of Crime
Control and Public Safety, 919/733-2126.
Solid Waste Management Act OF 1978
G.S. 130-Act 13B, 143B-142(b), 130A-294, and 130-166.30
This act establishes the Solid and Hazardous Waste
Management Branch within the Department of Human Resources
as the single agency responsible for implementing all state
and federal legislation on solid and hazardous waste
management. The department is directed to engage in
research, conduct investigations and surveys, make
inspections, and establish a statewide solid waste
management program. Authority is given to the Commission
for Health Services to develop rules for the establishment,
location, operation, maintenance, use, and discontinuance of
solid .waste management sites and facilities. Contact:
Solid and Hazardous Waste Management Branch-DHR,
919/733-2178.
Other State Laws Affectinq Water Oualit
Federal Water Resources Development Projects
G.S. 143-215.38 et seq.
Right of Withdrawal of Impounded Waters
G.S. 143-215.44 et seq.
Floodway Regulations
G.S. 143-215.51 et seq.
Grants for Water Resources Development Projects
G.S. 143-215.70 et seq.
Regional Water Supply Planning Act of 1971
G.S. 162A-20 et seq.
Regional Sewage Disposal Planning Act of 1971
G.S. 162A-26 et seq.
Metropolitan Sewerage Districts
G.S. 162A-64 et seq.
Waste Management Act of 1981
G.S. 130A-290 et seq.
Hazardous Waste Treatment Commission Act of 1984
G.S. 143B-470 et seq.
W

Major Federal Water quality Legislation
The Clean Water Act (formally entitled the Federal Water
Pollution Control Act Amendments of 1972, PL 92-500 now PL
95-217)
The primary goal of this act was the elimination of
pollution discharges into navigable waters by 1985. The
five major sources of pollution considered under the act in
relation to this goal are as follows:
e Municipal Pollution -- To be controlled by
construction of municipal sewage treatment plants
(using federal grants), setting discharge
requirements for the plants, and controls on other
sources of municipal pollution.
Industrial Pollution -- To be controlled by discharge
requirements for industrial sources of pollution,
special controls for toxics, and measures aimed at
preventing and cleaning up toxic spills. Municipal
and industrial discharge limitations are enforced
through a system of individual permits.
• Nonpoint Source Pollution -- To be controlled
primarily by state and local authorities by using
various methods to minimize pollution from
agriculture and urban runoff. Developing means for
controlling nonpoint source pollution is one of the
major objectives of the act's planning process.
• Dredge and Fill Activities -- To be controlled by a
regulatory program jointly administered by the
Environmental Protection Agency and the U.S. Army
Corps of Engineers. This program is partially aimed
at the protection of the aesthetics and ecological
value of streams, lakes, estuaries, and wetlands
threatened by dredging and fill activities.
• Boat Discharges -- To be controlled by federal
statutes and regulations that require the use of
marine sanitation devices designed to meet federal
criteria and which prohibit the discharge of
untreated waste into waters.
The Safe Drinking Water Act of 1974, amended in 1977 (PL
93-523)
This law authorizes the Environmental Protection Agency
to regulate the quality of public drinking water by setting
minimum water quality standards and prescribing treatment
techniques. It allows the EPA to set limits for specific
79

contaminants that may adversely affect public health.
States developing qualified programs may apply to the EPA
for delegation to enforce the water quality standards within
their state. North Carolina is currently administering the
state's program through the Division of Health Services.
Toxic Substances Control Act of 1976 (PL 94-469)
This law authorizes the Environmental Protection Agency
to regulate the manufacture, distribution, and use of
chemical substances. It requires premarket testing of new
chemicals, and identification and testing of all existing
chemicals. If a substance should pose an unreasonable risk
to human health or the environment, the EPA may modify,
limit, or ban the manufacture, processing, distribution, and
disposal of that substance. Pesticides, tobacco, firearms,
nuclear materials, food, drugs, and additives are covered
under separate laws.
Federal Insecticide, Fungicide and Rodenticide Act of 1947
(PL 75-717)
This act directs the Environmental Protection Agency to
regulate the manufacture, distribution, and use of
pesticides. All pesticides are registered and classified
under this act. The EPA requires analysis of composition,
degradability, use patterns, and chemical and physical
properties before registering any pesticide. A pesticide
shown to cause adverse environmental effects may be banned
or given a restricted use classification.
Resource Conservation and Recovery Act of 1976 (PL 94-580)
(Amended and reauthorized in 1984)
i I
This law calls for "cradle to grave" regulation of
hazardous wastes by the Environmental Protection Agency. It
bans open dumping and the dumping of hazardous wastes in
sanitary landfills. It requires development criteria to
identify hazardous wastes and standards for companies
generating, transporting, or disposing of such wastes. The
state of North Carolina has received approval from the'EPA
to administer the provisions of this act. Contact: Solid
and Hazardous Waste Management Branch-DHR, 919/733-2178.
Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (PL 96-510)
This act, better known an Superfund, is administered by
the Environmental Protection Agency and addresses the
problems of emergency response to toxic contamination,
cleanup of abandoned sites, and the long-term care of closed
hazardous waste sites. The act covers hazardous waste as
defined in the Resource Conservation and Recovery Act and
mm

hazardous or toxic substances defined by laws such as the
Clean Air Act and the Clean Water Act. This law does not
cover gasoline or oil and petroleum products.
Clean Air Act of 1970 (PL 91-604 and PL 95-95)
This law, administered by the Environmental Protection
Agency, establishes air quality standards and regulates the
emission of air pollutants such as carbon monoxide, lead,
hydrocarbons, and the like. The act is important to water
quality because many of the regulated pollutants combine
with atmospheric water and fall to the earth with rain.
National Environmental Policy Act
The basic goal of this act is to require federal
agencies to consider the potential effects of federal
projects on the environment. The act requires an
environmental impact statement as part of any recommendation
for major federal action that may significantly affect the
environment. This assessment includes any unavoidable
adverse environmental impacts the project would have;
alternatives to the proposed action; the short-term uses of
the human environment in comparison with the maintenance and
enhancement of long term -productivity; and any irreversible
and irretrievable commitments of resources that would be
involved if the proposal were implemented.
Coastal Zone Management Act (PL 92-583)
This act provides funds to states to develop coastal
resource management programs. The law also provides
matching grants to states for acquisition of lands for
estuarine or marine sanctuaries.
Rural Clean Water Program
Administered by the U.S. Soil Conservation Service,
this program encourages best management practices for rural
landowners.
Other Federal Laws Affecting Water Quality
The Rivers and Harbors Act of 1899
Surface Mining Control and Reclamation Act of 1977
Offshore Oil Spill Prevention Fund
Deepwater Ports Act
Federal Aid to Wildlife Restoration Act
The Endangered Species Act of 1972
Rural Development Act
Water Bank Act of 1970
Fish and Wildlife Coordination Act
Water Resources Research Act
91

Glossary
Coastal Water Quality
and Ecology Terms

adsorption The attachment of a substance to the surface of
a solid. Many pollutants can adsorb to soil particles.
algae bloom An overgrowth of algae that can float to the
water's surface, shade out other aquatic plants, and use up
the water's oxygen supply as the plants decompose. Algae
blooms are caused by excessive nutrient pollution.
aquifer An underground rock or sand formation that holds
water. Aquifers are the major source of coastal North
Carolina's water supply.
Biological Oxygen Demand (BOD) A standard water quality
measurement of the degradable organic waste material in
water that will consume oxygen as it is broken down by
microbes.
Chemical Oxygen Demand (COD) A water quality measurement
similar to biological oxygen demand except that it measures
the amount of chemically -reacted oxygen as well as the
oxygen consumed by bacteria.
community The biotic community includes all animal and
plant populations living in a given area.
detritus Disintegrated and decomposing organic matter.
Detritus from salt marsh grasses is especially important as
fish food in the coastal area.
discharge The release by people of any waste either
directly or indirectly into waters.
Dissolved oxygen (DO) The measure of the oxygen content of
waters. This figure is used as a measure of pollution
because several pollutants use up dissolved oxygen,
sometimes causing fish kills.
ecosystem The living organisms and the non -living
environment functioning together.
effluent The outflow of a sewer, industry pipe, or other
discharge.
estuary A semi -enclosed body of water where fresh water
from the land mixes with salt water from the ocean.
eutrophication The enrichment of a water system by
nutrients such as phosphorus and nitrogen, characterized by
algae blooms and resulting in conditions that favor plant
life over animal life. The algae can choke out beneficial
plant species, smother animal life, and completely destroy
the once productive uses of the water system.
W

evapotranspiration Movement of water from the earth's
surface to the atmosphere by evaporation from land surfaces
and water release from plant surfaces.
fecal coliform A type of bacteria found in the digestive
tracts of warm-blooded animals. Although fecal coliform
bacteria do not cause disease, they indicate the possible
presence of other organisms found in fecal material that may
cause disease. Drinking water supplies and shellfishing
waters are tested for fecal coliform for this reason.
food chain The transfer of food energy, or nutrition, from
plant sources to successively higher animals. Each animal
eats a lower organism and, in turn, is eaten by a higher
organism.
food web The cycling of nutrients through interconnected
food chains.
groundwater The water contained in the ground in aquifers.
habitat The place where an organism lives, its "address."
heavy metal Certain types of metals that are toxic, such
as lead, mercury, copper, chromium, and cadmium.
hydrology The study of the movement of water.
impervious The condition of a land surface when water
cannot pass through it.
infiltration The movement of water into the soil through
the soil surface. This can take place only where the soil
is porous, not hardened or made impervious, as by pavement.
microbes Microscopic organisms.
nonpoint source Pollution that does not come from a
defined source, such as a pipe, but which is scattered --
such as urban runoff, agricultural runoff, and septic tank
leakage.
organic chemical Any carbon -based chemical. Man-made (or
synthetic) organic chemicals can, because of their
structure, mimic natural chemicals and thus be toxic to many
forms of life.
organic matter Once -living material or by-products of
living plants or animals.
pathogen A disease -carrying microorganism, such as a
hepatitus virus.
92

persistent chemical A substance that will remain in the
environment for a long period of time without breaking down
to harmless products.
pervious The condition of having pores or spaces for water
to pass through.
point source pollution Pollution that is discharged.from a
fixed location such as a pipe.
river basin The area of land drained by a river. All the
water falling within a river basin runs into one river.
SA water Water that is classified by the Environmental
Management Commission as appropriate for shellfishing and
all SB and SC uses. If contaminated by bacteria SA water
can be closed to the taking of shellfish.
SB water Water that is classified by the Environmental
Management Commission as appropriate for contact recreation
and all SC uses.
SC water Water that is classified by the Environmental
Management Commission as appropriate for support of all
wildlife and fishery uses and incidental contact.
salinity A measure of the amount of salt in water.
suspended solids Small solid particles that do not settle
out of water, but remain suspended in it.
synergism A type of chemical interaction that can occur
when certain chemicals are present together. When these
chemicals interact, they become more toxic than they would
be if their individual toxicities were added together.
water quality The physical and chemical characteristics of
water systems that enable those systems to support life.
water quality standards Maximum levels of pollutants
allowed to be discharged into, or to be present in, the
state's waters. Standards correspond to the use
classifications for different water bodies. For example, SA
standards are designed to keep waters pure enough for the
safe consumption of raw shellfish.
watershed The area of land drained by the same river,
lake, estuary, or aquifer. See "river basin."
wetland Land that is flooded with water at regular
intervals. Wetlands consist of certain types of soils and
contain vegetation that is adapted to changing water and
salinity levels.
FE

Bibliography

A Citizen's Guide to Water Quality in North Carolina, Tread
Softly/North Carolina Public Interest Research Group.
Brower, D., et al. Managing Development in Small Towns,
Planners Press, American Planning Association,. 1984.
Coastal Development and Shellfish Waters, Division of
Environmental Management, Department of Natural
Resources and Community Development, Raleigh 1985.
Finnemore, E. John. Stormwater Pollution Control: Best
Management Practices, American Society of Civil
Engineers, Vol. 108(EE5), p. 835.
Gordon, Wendy. A Citizen's Handbook on Groundwater
Protection, New York: Natural Resources Defense
Council, 1984.
Klein, R.D. Urbanization and Stream Quality Impairment,
Water Resources Bulletin, Vol. 15(4), American Water
Resources Association, p. 948.
McCullough, Melissa. North Carolina Coastal Water Quality
Trends 1970-1984, Division of Coastal Management,
Department of Natural Resources and Community
Development, Raleigh, 1984.
McCullough, Melissa. Urban Runoff Impacts and Management
Strategies, Unpublished Report, Division of Coastal
Management, Department of Natural Resources and
Community Development, Raleigh, 1985.
McHarg, Ian. Design With Nature, New York: Natural History
Press, 1969.
Preventive Approaches to Stormwater Management, U.S. EPA
(440/9-77-001), 1977.
91

' � I
Segal E., et al. Toxic Substances Dilemma - A Plan for
Citizen Action, Washington: National Wildlife
Federation.
Spitsbergen, Judith M. Seacoast Life: An Ecoloqical Guide
to Natural Seashore Communities in North Carolina,
Chapel Hill: The University of North Carolina Press,
1980.
Stormwater and Land Management for Water Resources
Protection, Environmental Protection Division, Georgia
Department of Natural Resources, 1983.
U.S. EPA. The Results of the Nationwide Urban Runoff
Program, Vol. I -Final Report, Washington: Water
Planning Division, EPA, 1983.
Wanielista, M.P. Stormwater Management: Quantity and
Quality, Ann Arbor: Ann Arbor Science, 1979.
92

Protecting Coastal Waters Through Local Planning is
published by the N.C. Department of Natural Resources and
Community Development, 512 N. Salisbury Street, Raleigh,
N.C. 27611-7687.
Financial support for this publication was provided in
part by a grant under the federal Coastal Zone Management
Act, administered by the Office of Ocean and Coastal
Resource Management, National Oceanic and Atmospheric
Administration, Washington, D.C.
Prepared by the Division of Coastal Management. The
following people contributed to this handbook: Geoffrey
Willett, Melissa McCullough, Kathryn Henderson, and Ralph
Cantral. Illustrations by Jill Miller.
Excerpts from "Stormwater Runoff Control: A Model
Ordinance for Meeting Local Water Quality Management Needs"
by Frank E. Maloney, Richard G. Hamann, and Bram D.E.
Canter, are used by permission of Natural Resources Journal.
Five hundred copies of this public document were
printed at a cost of $1850.00 or $3.70 per copy.