WSCO_FORS_WSWP Ordinance UDO Sect8.3 Watershed Protection_20210712

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
8.3 WATERSHED PROTECTION (F)
A. PURPOSE
1. The purpose of these standards is to promote the health, safety and general welfare of the citizens and
residents of the State of North Carolina, including residents of the Forsyth County, and residents who live
within areas designated as public water supply watersheds, as established by the North Carolina
Environmental Management Commission.
2. An additional purpose is to establish regulations which protect drinking water quality in Forsyth County and
which meet the minimum regulations established by the North Carolina Environmental Management
Commission under the provisions of the Water Supply Watershed Protection Act of 1989.
3. A further purpose is to implement the goals, objectives, and policies of Legacy, A Legacy for Forsyth
County, North Carolina, as amended, including any specifically related land use plans, development guides,
and the Transportation Plan.
B. JURISDICTION
1. The provisions of this section shall apply to those areas in Forsyth County which are public water supply
watersheds as designated and classified by the North Carolina Environmental Management Commission
excluding the Salem Lake Watershed and are not within either the corporate limits or the extraterritorial
zoning_iurisdiction of the City of Winston-Salem, the Town of Kernersville, Town of Lewisville, Town of
Walkertown, or the Village of Clemmons.
2. Designated water supply watersheds areas are:
a. Abbotts Creek watershed;
b. Lake Brandt watershed;
c. Kernersville Lake watershed;
d. Randleman Lake watershed; and
e. The designated protected areas for water supply intakes on the Yadkin River and the Dan River.
3. These areas shall be defined and established on a map entitled, Watershed Protection Map of Forsyth
County, North Carolina, herein after referred to as the Watershed Map, which is adopted simultaneously
herewith.
4. The Watershed Map, and all explanatory matter set out thereon, is hereby made a part of this Ordinance.
S. This Ordinance and the Watershed Map shall be permanently kept on file in the Office of the Planning
Board of Forsyth County and Winston-Salem and the Office of the Forsyth County Commissioners.
C. AUTHORITY
1. STATE LAW
This Ordinance is adopted as authorized by Section 143-214.5 of the North Carolina General Statutes and
other applicable laws.
2. INTENT
The intent of Forsyth County is to exercise its available power as authorized in the law cited in Section
8.3.1C.1, State Law.
D. APPLICABILITY
1. No subdivision of land shall be approved nor erosion control, building, or other development permit issued
for any development or land disturbing activities in a designated water supply watershed unless certified to
be in conformance with the provisions of this Ordinance by the Stormwater Director or a designee.
2. In cases of two (2) or more principal uses on the same zoning lot, the regulations for each use shall apply to
that portion of the structure or land so used.
VyINSTON-SALEM/FORSYTH COUNTY UDO
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
E. EXEMPTIONS
The following development activities are exempted from these standards
1. AGRICULTURAL ACTIVITIES
Agricultural activities undertaken on agricultural land for the production of plants and animals and which
are conducted in accordance with best management practices required by the North Carolina
Environmental Management Commission and administered by the Forsyth Soil and Water Conservation
District;
2. FORESTRY ACTIVITIES
Forestry activities undertaken on forest land for the production and harvesting of timber and timber
products and which are conducted in accordance with Forest Practice Guidelines Related to Water Quality
(best management practices) as adopted by the North Carolina Department of Environmental Quality
(DEQ), except in the Randleman Lake Watershed where such activities are regulated by the State of North
Carolina;
3. EXISTING RESIDENTIAL LOTS
Construction or expansion of an individual single family residential building or placement of a
manufactured home on a lot which was a lot of record or which had received final approval pursuant to the
subdivision regulations as of the effective date of this Ordinance;
4. EXISTING DEVELOPMENT
Existing development is not subject to the requirements of this Ordinance. Except for expansions to
individual single family homes or manufactured homes, only expansions to structures and other built -upon
areas classified as existing development must meet the requirements of this Ordinance. The built -upon area
of the existing development is not required to be included in the built -upon area calculations.
S. IN WS-IV WATERSHEDS
In addition to the exemptions listed in Section 8.3.1D. Applicability, development activities in WS-IV
watersheds which do not require a submission of a plan under the provisions of Section 8.4, Erosion
Control, shall be exempted from these provisions.
F. EFFECTIVE DATE
The effective date of these standards shall be January 1, 1994, and the same shall take and be in full force and
effect thereon and thereafter.
G. SEVERABILITY
1. INVALIDATION OF PORTIONS OF ORDINANCE
Should any section, sentence, clause, phrase, or word of these standards be held invalid by a court of final
competent jurisdiction, such decision shall not affect, impair, or invalidate the remaining parts of these
standards. The remaining parts shall remain in effect without the invalid provision, and to that extent they
are severable.
2. INVALIDATION OF APPLICATION
The invalidation of the application of any provision of these standards to any particular property or
structure, or to any particular properties or structures, by any court of final competent jurisdiction, shall not
affect the application of such provision to any other property or structure not specifically included in such
invalidation.
H. CONFLICTING PROVISIONS
1. CONFLICT WITHIN ORDINANCE
Where a conflict exists between any limitations or requirements within these standards, the more restrictive
limitation or requirements shall prevail.
2. CONFLICT WITH OTHER ORDINANCE OR LAW
Where a conflict exists between the provisions of these standards and any other ordinance, law, or
regulation, or where the provisions of these standards impose overlapping or contradictory regulations with
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Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
respect to another ordinance, law, or regulation, the most restrictive provision or the one which imposes
the highest standards or requirements shall prevail.
I. CUMULATIVE REQUIREMENTS
The requirements of these standards are cumulative.
J. ENFORCEMENT
The following procedures may be undertaken by the Stormwater Director or a designee to enforce provisions of
these standards.
1. CRIMINAL PENALTIES
a. Any person, firm, or corporation violating any of these provisions shall be guilty of a misdemeanor.
b. Upon conviction thereof, such violator shall be subjected to a fine not to exceed five hundred dollars
($500.00) or imprisoned for not more than thirty (30) days, except that no such violation shall be
punishable until the expiration of ten (10) days after notice to such violator.
c. Each and every day beyond the initial ten (10) day notice period during which such violation continues
shall be deemed a separate offense.
2. CIVIL PENALTIES
a. ASSESSMENT OF CIVIL PENALTIES
i. In addition to criminal penalties, any person, firm, or corporation violating any of these provisions
shall be subject to a civil penalty of one hundred dollars ($100.00) to be recovered by jurisdiction in
a civil action in the nature of a debt.
ii. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the
violation by the Stormwater Director or a designee.
iii. Failure to correct the violation within ten (10) days of the date of service of the notice, or the end of
the period of any extension, will result in the assessment of a civil penalty or other enforcement
action.
iv. For good cause determined by the Stormwater Director or a designee, the correction period may
be extended by him.
v. Each day of continuing violation shall constitute a separate violation.
b. REFERRAL TO ATTORNEYS
If payment is not received within thirty (30) days after written demand for payment is made, the
Stormwater Director or a designee may refer the matter to the jurisdiction's attorney who is authorized
to institute a civil action in the name of Forsyth County in the appropriate division of the General Court
of Justice for recovery of the penalty.
3. INJUNCTIVE OR OTHER RELIEF
Whenever the Stormwater Director or a designee has reasonable cause to believe that any person is
violating or threatening to violate these standards, the Stormwater Director or a designee may refer the
matter to the jurisdiction's attorney who is authorized in addition to other remedies provided by law to
institute injunction, mandamus, abatement, or any other appropriate action or actions, proceeding or
proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction,
alteration, maintenance, or use.
K. CHANGES AND AMENDMENTS
1. AMENDMENTS
The Elected Body may, on its own motion or on petition, amend, supplement, change, or modify these
standards.
2. RECOMMENDATION OF THE PLANNING BOARD OF THE JURISDICTION
No amendment shall be made until the proposal has been submitted to the Planning Board of the
jurisdiction for review and recommendations. If no recommendation has been received from the Planning
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Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
Board of the jurisdiction within forty-five (45) days after submission of the proposal to the Planning Board,
the Elected Body may proceed as though a favorable report had been received.
A. WATERSHED PROTECTION PERMITS
Watershed protection permits shall be reviewed and decided in accordance with the standards in Section
3.2.17, Watershed Permits.
B. VARIANCES TO WATERSHED PROTECTION STANDARDS
Variances to these watershed protection standards shall be reviewed and decided in accordance with the
standards in Section 3.2.16J. Variance from the Watershed Protection Standards.
C. APPEALS
Appeals of decisions made in accordance with these standards shall be in accordance with the standards in
Section 3.2.1. Appeals and Interpretations.
The following watershed classifications and subareas are established for designated public water supply watersheds
in Forsyth County. The boundaries of each subarea are shown on the Watershed Mai
A. WATERSHED CLASSIFICATIONS
The following watershed classifications are established for designated water supply watersheds and protected
areas in Forsyth Count
1. WS-III WATERSHEDS
The Abbotts Creek Watershed and the Lake Brandt Watershed; and
2. WS-IV WATERSHEDS
The Randleman Lake Watershed, the Kernersville Lake Watershed, and the designated protected areas for
water supply intakes on the Yadkin River and the Dan River.
B. WATERSHED SUBAREAS
The following subareas are established for designated watershed area. The boundaries of each subarea are
shown on the Watershed Map:
1. RESERVOIR PROTECTION AREA
Land within approximately one-half (112) mile of either the normal pool elevation of water supply reservoirs
of the Salem Lake and Kernersville Lake watershed or the water supply intakes on the Yadkin River as
indicated on the Watershed Map.
2. BALANCE OF THE WATERSHED
All land area in the designated watershed or protected area outside the Reservoir Protection Area.
C. RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES
Where uncertainty exists or where a person disputes the boundaries of the watershed or any watershed
subareas, as shown on the Watershed Map, the following rules shall apply:
1. CONSTRUCTED FEATURES
Where area boundaries are indicated as following either street, alley, railroad or highway lines or centerlines
thereof, such lines shall be construed to be said boundaries. However, a topographic survey prepared by a
registered land surveyor or engineer may be submitted to the Stormwater Director or a designee as
evidence that one or more properties or portions of properties along these boundaries do not lie within the
watershed.
2. LOT LINES
Where area boundaries are indicated as following lot lines, such lot lines shall be construed to be said
boundaries. However, a topographic survey prepared by a registered land surveyor or engineer may be
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Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
submitted to the Stormwater Director or a designee as evidence that one or more properties along these
boundaries do not lie within the watershed area.
3. DETERMINATION BY THE STORMWATER DIRECTOR OR A DESIGNEE
a. Where other uncertainty exists, the Stormwater Director or a designee shall interpret the Watershed
Map as to location of such boundaries.
b. This decision may be appealed to the Watershed Review Board.
A. PROHIBITED USES
1. RESERVOIR PROTECTION AREA OF WS-III AND WS-IV WATERSHEDS
In the Reservoir Protection Areas of WS-III and WS-IV watersheds, new landfills and new sites for land
application of sludge residuals or petroleum contaminated soils shall be prohibited.
2. BALANCE OF THE WATERSHED OF WS-III WATERSHEDS
In the Balance of the Watershed in WS-III watersheds, new discharging landfills shall be prohibited.
B. SPILL CONTAINMENT STRUCTURES REQUIRED
1. New nonresidential development must incorporate adequately designed, constructed, and maintained spill
containment structures for the hazardous materials used, stored, or manufactured on the premises.
2. Adequately designed, constructed, and maintained shall mean that measures are taken to contain any and
all spilled materials to ensure no adverse environmental impacts occur.
3. Certification from a registered professional engineer that adequate spill containment structures are in place
is required prior to the issuance of a watershed protection occupancy permit.
VyINSTON-SALEM/FORSYTH COUNTY UDO ����
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
A. GENERAL PROVISIONS
1. PLANNING BOARD REVIEW
When approving subdivision plats or site plans as required under this Ordinance in designated watersheds,
the Planning Board shall find that the following provisions have been met:
a. Areas with impervious surface cover are designed and sited to minimize stormwater runoff and limit
concentrated stormwater flow; and
b. Land disturbance is minimized, existing vegetated areas are retained to the maximum degree possible,
and all undeveloped areas of the site will be revegetated to promote stormwater infiltration.
B. DEVELOPMENT STANDARDS
Unless specifically exempted in Section 8.3.1D, Applicability, all subdivisions of land and development in
designated watersheds shall meet the provisions below.
1. GENERAL PROVISIONS FOR RESIDENTIAL DEVELOPMENT
a. MINOR SUBDIVISIONS
Except in minor subdivisions with summary approval, lots in minor subdivisions must meet the
minimum lot size requirements for the respective watershed subarea as required below.
b. MINOR SUBDIVISIONS WITH SUMMARY APPROVAL, MAJOR SUBDIVISIONS, PLANNED
RESIDENTIAL DEVELOPMENTS, AND MULTIFAMILY DEVELOPMENTS
New residential development in minor subdivisions with summary approval, major subdivisions,
planned residential developments, and multifamily developments must meet the minimum lot size, the
maximum average density, or the maximum built -upon area requirements of the respective watershed
subarea as required below.
c. RECORDING AND OWNERSHIP REQUIREMENTS
i. UNDER AVERAGE DENSITY ALTERNATIVE
If the developer chooses to utilize the maximum average density alternative, a note restricting all
lots from further subdivision and all common space/open space lots from residential development
shall be included on all deeds or on the preliminary and final plats.
ii. UNDER BUILT -UPON AREA ALTERNATIVE
If the developer chooses to utilize the maximum built -upon area alternative, the maximum square
footage of built -upon area for roads, common areas, multi -family buildings and each single family
residential lot shall be included on the site plan, deeds, and the preliminary and final plats.
iii. OWNERSHIP OF COMMON AND OPEN SPACE
Except as required in other sections of this Ordinance, common space and open space may be
retained in private ownership or may be transferred to a homeowner's association, a governmental
unit, a conservation organization or similar entity.
2. REQUIREMENTS FOR WS-III WATERSHEDS
a. RESERVOIR PROTECTION AREA
The following provisions apply in the Reservoir Protection Area of WS-III watersheds:
RESIDENTIAL DEVELOPMENT REQUIREMENTS
1. MINIMUM LOT SIZE
The minimum lot size shall be at least forty thousand (40,000) square feet per residential
dwelling unit; or
2. MAXIMUM AVERAGE DENSITY
The average density shall not exceed one unit per forty thousand (40,000) square feet; or
3. MAXIMUM BUILT -UPON AREA
VyINSTON-SALEM/FORSYTH COUNTY UDO 8�4�
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
The built -upon area shall not exceed twelve percent (12%) of the site.
ii. NONRESIDENTIAL DEVELOPMENT REQUIREMENTS
The built -upon area of nonresidential development shall not exceed twelve percent (12%) of the
site.
b. BALANCE OF THE WATERSHED
The following provisions apply in the Balance of the Watershed in WS-III watersheds:
RESIDENTIAL DEVELOPMENT REQUIREMENTS
1. MINIMUM LOT SIZE
The minimum lot size shall be at least twenty thousand (20,000) square feet per residential
dwelling unit; or
2. MAXIMUM AVERAGE DENSITY
The average density shall not exceed two (2) units per forty thousand (40,000) square feet; or
3. MAXIMUM BUILT -UPON AREA
The built -upon area shall not exceed twenty-four percent (24%) of the site.
ii. NONRESIDENTIAL DEVELOPMENT REQUIREMENTS
The built -upon area of nonresidential development shall not exceed twenty-four percent (24%) of
the site.
iii. SPECIAL INTENSE DEVELOPMENT ALLOCATION
In Forsyth County's zoning aurisdiction, non -single family residential uses may seek a special intense
development allocation (SIDA) in accordance with the provision of Section 8.3.513.4. Forsyth
County Special Intense Development Allocation.
c. SPECIAL PROVISIONS FOR THE LOWER ABBOTTS CREEK WATERSHED
i. LOWER ABBOTTS CREEK WATERSHED DEFINED
The Lower Abbotts Creek Watershed is defined as that portion of the Lower Abbotts Creek basin
under the planning aurisdiction of Forsyth County that can be served by the extended sewer service
as illustrated in the 201 Facilities Plan Amendment dated February 2002 and shown as the Lower
Abbotts Creek Area on the Watershed Protection Map of Forsyth County, North Carolina.
ii. RIPARIAN AREAS REQUIRED
The riparian areas provisions of Section 8.3.6. Stream Buffers and Riparian Areas, shall apply in
the Lower Abbotts Creek Watershed.
iii. CONNECTIVITY OF VEGETATED AREAS
Where practical, connectivity of undisturbed and revegetated areas shall be incorporated into land
planning and final land use designs.
iv. STORMWATER DEVICES AND FLOODPLAIN PROTECTION
1. Stormwater control devices shall not be placed in the one hundred -year floodplain unless no
practical alternatives exist to their location in the floodplain.
2. Fill material shall not encroach more than that allowed in Section 8.1. Floodway and
Floodway Fringe Regulations.
3. REQUIREMENTS FOR WS-IV WATERSHEDS
a. RESERVOIR PROTECTION AREA
The following provisions apply in the Reservoir Protection Area of WS-IV watersheds:
RESIDENTIAL DEVELOPMENT REQUIREMENTS
1. MINIMUM LOT SIZE
The minimum lot size shall be at least twenty thousand (20,000) square feet per residential
dwelling unit; or
VyINSTON-SALEM/FORSYTH COUNTY UDO ����
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
2. MAXIMUM AVERAGE DENSITY
The average density shall not exceed two (2) units per forty thousand (40,000) square feet; or
3. MAXIMUM BUILT -UPON AREA
The built -upon area shall not exceed twenty-four percent (24%) of the site.
ii. NONRESIDENTIAL DEVELOPMENT REQUIREMENTS
The built -upon area of nonresidential development shall not exceed twenty-four percent (24%) of
the site.
b. BALANCE OF THE WATERSHED
The following provisions apply in the Balance of the Watershed in WS-IV watersheds:
i. FOR PROJECTS WITHOUT A CURB AND GUTTER STREET SYSTEM
For subdivisions and development without a curb and gutter street system, the following provisions
shall apply:
1. RESIDENTIAL DEVELOPMENT REQUIREMENTS
1.01. MINIMUM LOT SIZE
The minimum lot size shall be at least thirteen thousand five hundred (13,500) square
feet per residential dwelling unit; or
1.02. MAXIMUM AVERAGE DENSITY
The average density shall not exceed three (3) units per forty thousand (40,000) square
feet; or
1.03. MAXIMUM BUILT -UPON AREA
The built -upon area shall not exceed thirty-six percent (36%) of the site.
2. NONRESIDENTIAL DEVELOPMENT
The built -upon area of nonresidential development shall not exceed thirty-six percent (36%) of
the site.
ii. FOR PROJECTS WITH A CURB AND GUTTER STREET SYSTEM
For subdivisions and development with a curb and gutter street system, the following provisions
shall apply:
1. RESIDENTIAL DEVELOPMENT REQUIREMENTS
1.01. MINIMUM LOT SIZE
The minimum lot size shall be at least twentv thousand (20.000) square feet per
residential dwelling unit; or
1.02. MAXIMUM AVERAGE DENSITY
The average density shall not exceed two (2) units per forty thousand (40,000) square
feet; or
1.03. MAXIMUM BUILT -UPON AREA
The built -upon area shall not exceed twenty-four percent (24%) of the site.
2. NONRESIDENTIAL DEVELOPMENT
The built -upon area of nonresidential development shall not exceed twenty-four percent (24%)
of the site.
iii. SPECIAL INTENSE DEVELOPMENT ALLOCATION
In Forsyth County's zoningaurisdiction, non -single residential family uses may seek a special intense
development allocation (SIDA) in accordance with the provisions of Section 8.3.513.4. Forsvth
County Special Intense Development Allocation.
4. FORSYTH COUNTY SPECIAL INTENSE DEVELOPMENT ALLOCATION
a. GENERAL PROVISIONS
VyINSTON-SALEM/FORSYTH COUNTY UDO ����
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
i. SPECIAL INTENSE DEVELOPMENT ALLOCATION ESTABLISHED
This section establishes a special intense development allocation (SIDA) to permit development of
up to seventy percent (70%) built upon area on a project by project basis in the designated WS-III
and WS-IV watershed areas regulated by these standards in Forsyth County's zoning aurisdiction.
ii. ESTABLISHED PURSUANT TO NC WATER SUPPLY PROTECTION RULES
1. This provisions are established pursuant to the North Carolina Water Supply Watershed
Protection Rules which permit up to ten percent (10% ) of the land area in each jurisdiction's
portion of the designated watershed area outside the'/z (one-half) mile critical area delineated
as of July 1, 1995 to be developed with seventh percent (70%) built upon surface area.
2. This section provides for allocation of five percent (5%) of the land area in each jurisdiction's
land area, with the remaining five percent (5%) to be held in reserve for future allocation by the
Forsyth County Board of Commissioners.
iii. AVAILABLE ACREAGE
Based on the land area in the designated watershed area in Forsyth County delineated as of July 1,
1995, the following acreage is designated to be allocated under this SIDA provision to be
transferred to other local governments havingeurisdiction in the watershed:
1. Abbotts Creek, five hundred twenty (520) acres;
2. Lake Brandt, eight (8) acres;
3. Dan River/Madison Intake, one hundred ten (110) acres;
4. Kernersville Lake, twenty-five (25) acres;
5. Randleman Lake, one hundred fifteen (115) acres;
6. Yadkin River/King Intake, one hundred seventy (170) acres;
7. Yadkin River, Winston-Salem #2 Intake, four hundred fifty (450) acres;
8. Yadkin River/Davie County Intake, seven hundred ten (710) acres;
9. Yadkin River/Idols Dam Intake, six hundred eighty-five (685) acres; and
10. Yadkin River/Davidson County Intake, ninety-five (95) acres.
iv. ALLOCATION AND AVERAGING
1. The Forsyth County Board of Commissioners may grant a SIDA of up to seventy percent (70%)
built upon area on all or part of the land area of a project.
2. With approval from the Forsyth County Board of Commissioners, the SIDA may be averaged
throughout the project.
v. TRANSFER OF ACREAGE TO OTHER LOCAL GOVERNMENTS
1. The Forsyth County Board of Commissioners may transfer any portion of the available acreage
to another local government havingaurisdiction in the respective watershed area for projects
that meet a countrywide need or that provide a significant economic benefit to the County.
2. The acreage shall be transferred by adoption of a join resolution of the Forsyth County Board
of Commissioners and the elected body of the receiving aurisdiction.
3. The joint resolution shall be submitted to the Environmental Management Commission for
review.
b. APPLICATION AND SUBMITTAL REQUIREMENTS
APPLICATION AND SITE PLAN
1. Applications for a SIDA shall be submitted to the Planning Board and shall include a site plan in
conformance with the Form 1 Submittal Requirements of Section 3.2.11. Site Plan.
2. In addition to other side plan requirements, the following information shall be provided by the
applicant:
VyINSTON-SALEM/FORSYTH COUNTY UDO 8�4
Italics text: 7 Applicable in Winston-Salem only 7
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
2.01. Project timetable;
2.02. Anticipated addition to the property tax base; and
2.03. Anticipated number ofjobs created or retained.
3. Planning staff may request additional information from the applicant in order to assess whether
the application meets the approval criteria listed at Section 8.3.513.4.c. Criteria for Approval.
4. The application shall also include a fee for site plan review as established by the Elected Body.
ii. STORMWATER CONTROLS REQUIRED
Stormwater controls shall be required for developments granted a SIDA as follows:
1. FOR ALL PROJECTS IN WS-III WATERSHEDS
1.01. Developments granted a SIDA in WS-III watersheds must utilize stormwater controls
based on the stormwater quality management permit requirements of Section 3.2.17,
Watershed Permits.
1.02. The required site plan shall include the proposed location of the stormwater control
structures.
2. FOR MAJOR PROJECTS IN WS-IV WATERSHEDS
2.01. Developments granted a SIDA in WS-IV watersheds with existing and proposed built
upon area which exceeds two hundred thousand (200,000) square feet must utilize
stormwater controls which meet the Stormwater quality management permit
requirements of Section 3.2.17, Watershed Permits, except that alternative
stormwater control management systems as provided in Section 8.2.5F.2.b,
Alternative Stormwater Management Systems, are not subject to approval by the
North Carolina Department of Environmental Quality (DEQ).
2.02. The required site plan shall include the proposed location of the stormwater control
structures.
iii. SITE DESIGN REQUIREMENTS
1. As reauired by the State of North Carolina under the water supply protection rules, each
project granted a SIDA must to the maximum extent practicable minimize built -upon surface
area, direct stormwater runoff from surface waters and incorporate best management practices
to minimize water quality impacts.
2. The Forsyth County Board of Commissioners may impose site plan conditions in order to meet
these requirements.
iv. STAFF REVIEW
Plannina staff will review the application and prepare a report with recommendations for the
Planning Board and Forsyth County Board of Commissioners.
v. PLANNING BOARD REVIEW
Prior to consideration by the Forsyth County Board of Commissioners, the application will be
reviewed by the Plannina Board which shall consider its merit and make a recommendation to the
Forsyth County Board of Commissioners.
c. CRITERIA FOR APPROVAL
The Forsyth County Board of Commissioners shall approve the application for a SIDA based upon the
project meeting all the following criteria:
The proposed project is in conformance with the adopted Legacy.
ii. The proposed project land use and site design are compatible with the general character of the
area and surrounding land uses.
iii. The proposed project provides a significant economic benefit to the community by creating or
retaining lobs, increasing the property tax base, or assisting an existing industry to grow and
VyINSTON-SALEM/FORSYTH COUNTY UDO ����
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
remain in Forsyth County; or the project meets an identified community need such as the provision
of community facilities, retail business or personal services, or affordable housing.
iv. The proposed project does not pose a threat to the environment, especially water quality, and
appropriate measures will be taken to minimize any potential negative environmental impacts.
v. The proposed project has good transportation access, including proximity to major roads and/or
rail lines.
d. OTHER PROVISIONS
i. PERMITS FOLLOWING APPROVAL OF SIDA
1. If a SIDA request is approved by the Forsyth County Board of Commissioners, the Watershed
Administrator may grant watershed permits subject to the approved site plan and other
requirements of this Ordinance.
2. All necessary permits must be obtained prior to the issuance of occupancy permits.
ii. RESUBMITTAL OF REQUEST
If a request is denied by the Forsyth County Board of Commissioners, the applicant may resubmit
the SIDA request for the same project no earlier than two years following the date of original
submission of the first application.
iii. EXPIRATION OF ALLOCATION
1. The SIDA shall expire if watershed occupancy permits are not obtained for the project within
three years of approval of the SIDA by the Forsyth County Board of Commissioners.
2. If occupancy permits are issued for a portion of the project within the three (3) year period, the
SIDA will be extended for one additional three (3) year period.
3. Applicants may resubmit requests for expired allocations.
iv. MAINTENANCE OF RECORDS
1. The Planning Board staff shall keep a record of all allocations under the SIDA provisions.
2. The Watershed Administrator shall keep a record of all permits issued.
VyINSTON-SALEM/FORSYTH COUNTY UDO ����
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
8.3.6 STREAM BUFFERS AND RIPARIAN AREAS
J
A. PURPOSE
1. The purpose of these standards are to establish vegetated areas along watercourses in water supply
watersheds designated in Section 8.3.113, Jurisdiction, in order to protect water quality by trapping and
filtering pollutants before they reach the watercourse.
2. A further purpose is to meet or exceed the minimum stream buffer requirements of the minimum
watershed regulations established by the North Carolina Environmental Management Commission pursuant
to Section 143-214.5 of the North Carolina General Statutes.
3. Riparian buffers required by the Environmental Management Commission for the Randleman Lake
Watershed are regulated by Section 8.6. Randleman Riparian Buffer Protection (F).
B. STREAM BUFFERS
1. APPLICABILITY
a. REQUIREMENT
Stream buffers shall be required in all public water supply watersheds designated in Section 8.3.113,
Jurisdiction, along perennial streams as shown as a solid blue line on the most recent version of the
USGS 7.5 minute (1:24,000 scale) topographic maps.
b. EXEMPTIONS
i. A property owner, subdivider, or developer may submit evidence to the Stormwater Director or a
designee that a perennial stream has been incorrectly mapped.
ii. Certification by a registered professional engineer may also be submitted certifying that a stream
does not have a perennial base flow.
c. INDICATED ON SITE PLANS AND PLATS
Required stream buffers shall be indicated on all site plans and subdivision plats approved within public
water supply watersheds.
2. STANDARDS
a. MEASUREMENT
Buffers measured landward from the top of the bank definina the edge of the stream channel are
required on each side of a perennial stream and from the normal pool elevation of other watercourses.
b. WIDTH
i. A minimum thirty (30) foot buffer is required except under the special intense development
allocation (SIDA) provisions of Section 8.3.513.3.b, Balance of the Watershed, and Section
8.3.513.4, Forsyth County Special Intense Development Allocation.
ii. A minimum one -hundred (100) foot buffer is required for development under the SIDA provisions.
c. DEVELOPMENT IN THE STREAM BUFFER
No development is permitted in the buffer except for the following permitted activities where there is
no practicable alternative to their location in the stream buffer. These permitted activities shall minimize
built -upon area, direct stormwater runoff awav from surface waters, and maximize the utilization of
stormwater best management practices.
i. Water dependent structures;
ii. Utilities;
iii. Transportation facilities, such as bridges and roads; and
iv. Passive recreation uses, such as greenways and open spaces.
d. STREAMBANK STABILIZATION
Desirable artificial streambank or shoreline stabilization is permitted in the stream buffer.
C. RIPARIAN AREAS
VyINSTON-SALEM/FORSYTH COUNTY UDO ��4�
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
1. GENERAL PROVISIONS
a. APPLICABILITY
The riparian area protection provisions of Section 8.3.6C, Riparian Areas, shall apply in the Oak
Hollow/Randleman Lake Watershed, a sub -basin of the Randleman Lake Watershed which has been
designated as a Critical Water Supply Watershed by the North Carolina Environmental Management
Commission and in the Lower Abbotts Creek Watershed as defined in Section 8.3.513.2.c, Special
Provisions for the Lower Abbotts Creek Watershed.
b. CONFLICT WITH OTHER REGULATIONS
i. The riparian area provisions of this section are in addition to the stream buffer requirements of
Section 8.3.613, Stream Buffers.
ii. Where the standards and management requirements for riparian areas are in conflict with other
laws, regulations, and permits regarding streams, steep slopes, erodible soils, wetlands, floodplains,
forest harvesting, surface mining, land disturbance activities, or other environmental protection
areas, the more protective shall apply.
c. RIPARIAN AREAS ESTABLISHED
A minimum fifty (50) foot riparian area for all new development activities is required on all sides of
surface waters, such as intermittent streams, perennial streams, lakes, and ponds, as indicated on the
most recent versions of either the USGS 1:24,000 scale (7.5 minute) topographic maps or the soil survey
maps developed by USDA -Natural Resource Conservation Service, or other site -specific evidence that
indicates the presence of waters not shown on either of these two (2) maps.
d. GENERAL REQUIREMENTS
i. Maintenance of the riparian areas shall be such that, to the maximum extent possible, sheet flow of
surface water is achieved.
ii. Required riparian protection areas shall be shown on all new or modified site plans and subdivision
plats approved within the Lower Abbotts Creek Watershed as defined in Section 8.3.513.2.c,
Special Provisions for the Lower Abbotts Creek Watershed.
iii. No building permits shall be issued and no new development shall take place in violation of these
standards.
e. EXEMPTIONS
The following waterbodies and land uses are exempt from the riparian area protection requirements:
i. Existing ditches and manmade conveyances, other than modified natural streams, which under
normal conditions do not receive drainage from any tributary ditches, canals, or streams, unless the
ditch or manmade conveyance delivers runoff directly to waters classified in accordance with 15A
NCAC 2B.0100;
ii. Areas mapped as intermittent streams, perennial streams, lakes, ponds, or estuaries on the most
recent versions of USGS 1:24,000 scale (7.5 minute quadrangle) topographic maps or soil survey
maps where no perennial waterbody, intermittent waterbody, lake, pond, or estuary actually exists
on the ground;
iii. Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part
of a natural drainage way that is classified in accordance with 15A NCAC 213.0100;
iv. Water dependent structures as defined in 15A NCAC 213.0202, provided thev are located, designed
constructed and maintained to provide maximum nutrient removal, to have the least adverse
effects on aquatic life and habitat and to protect water quality;,
v. The following uses where no practical alternative exists.
vi. A lack of practical alternatives may be shown by demonstrating that, considering the potential for a
reduction in size, configuration or density of the proposed activity and all alternative designs, the
VyINSTON-SALEM/FORSYTH COUNTY UDO ����
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
basic project purpose cannot be practically accomplished in a manner which would avoid or result
in less adverse impact to surface waters.
vii. Also, these structures shall be located, designed, constructed, and maintained to have minimal
disturbance, to provide maximum nutrient removal and erosion protection, to have the least
adverse effects on aquatic life and habitat, and to protect water quality to the maximum extent
practical through the use of best management practices:
1. Road crossings, railroad crossings, bridges, airport facilities, and utility crossings if the
conditions of Section 8.3.6C.1.e. Exemptions, are met.
2. Stormwater management facilities and ponds, and utility construction and maintenance
corridors for utilities such as water, sewer or gas, in Zone 2 of the riparian area as long as the
conditions specified in Section 8.3.6C.1.e. Exemptions, are met and they are located at least
thirty (30) feet from the top of bank or mean high water line.
3. Additional requirements for utility construction and maintenance corridors are listed in Section
8.3.6C.1.e. Exemptions.
viii.A corridor for the construction and maintenance of utility lines, such as water, sewer or gas
(including access roads and stockpiling of materials) running parallel to the stream and located
within Zone 2 of the riparian area, as long as no practical alternative exists, as defined in Section
8.3.6C.1.e. Exemptions, and best management practices are installed to minimize runoff and
maximize water quality protection to the maximum extent practicable.
ix. Permanent, maintained access corridors shall be restricted to the minimum width practicable and
shall not exceed 10 feet in width except at manhole locations.
x. A ten (10) feet by ten (10) feet perpendicular vehicle turnaround shall be allowed provided they are
spaced at least five hundred (500) feet apart along the riparian area;
A. Stream restoration projects scientific studies, stream gauging, water wells, passive recreation
facilities such as boardwalks, trails, pathways, historic preservation and archaeological activities,
provided that they are located in Zone 2 and are at least thirty (30) feet from the top of bank or
mean high water line and are designed, constructed and maintained to provide the maximum
nutrient removal and erosion protection, to have the least adverse effects on aquatic life and
habitat and to protect water quality to the maximum extent practical through the use of best
management practices.
xii. Activities that must cross the steam or be located within Zone 1, are allowed as long as all other
requirements of this item are met; and
xiii.Stream crossings associated with timber harvesting, if performed in accordance with the Forest
Practices Guidelines Related to Water Quality (15A NCAC 1J.0201-.0209).
2. RIPARIAN AREA STANDARDS
a. ZONES ESTABLISHED
The protected riparian area shall have two (2) zones as follows:
i. ZONE 1
Zone 1 is intended to be an undisturbed area of vegetation.
1. LOCATION OF ZONE 1
1.01. Zone 1 begins at the top of bank for intermittent streams and perennial streams and
extends landward a distance of thirty (30) feet on all sides of the waterbody, measured
horizontally on a line perpendicular to the waterbody. For all other waterbodies,
1.02. Zone 1 begins at the top of bank or mean high water line and extends landward a
distance of thirty (30) feet, measured horizontally on a line perpendicular to the
waterbody.
VyINSTON-SALEM/FORSYTH COUNTY UDO ��5�
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
2. ALLOWED ACTIVITIES
The following practices and activities are allowed in Zone 1:
2.01. Natural regeneration of forest vegetation and planting vegetation to enhance the
riparian area if disturbance is minimized, provided that any plantings shall primarily
consist of locally native trees and shrubs;
2.02. Horticulture or silvicultural practices to maintain the health of individual trees;
2.03. Removal of individual trees which are in danger of causing damage to dwellings, other
structures or the stream channel;
2.04. Removal of dead trees and other timber cutting techniques necessary to prevent
extensive pest or disease infestation if recommended by the Director, Division of Forest
Resources and approved by the Director, Division of Water Quality; and
2.05. Ongoing agricultural operations provided that existing forest vegetation is protected.
3. PROHIBITED ACTIVITIES
The following practices are not allowed in Zone 1:
3.01. Land -disturbing activities and placement of fill and other materials, other than those
allowed in Section 8.3.6C.1.e. Exemptions, and Section 8.3.6C.2.a. Zones
Established;
3.02. New development, except as provided in Section 8.3.6C.1.e. Exemptions;
3.03. New on -site sanitary sewage systems which use ground adsorption;
3.04. The application of fertilizer; and
3.05. Any activity that threatens the health and function of the vegetation including, but not
limited to, application of chemicals in amount exceeding the manufacturer's
recommended rate, uncontrolled sediment sources on adjacent lands, and the creation
of any areas with bare soil.
ii. ZONE 2
Zone 2 is intended to provide protection through a vegetated riparian zone which provides for
diffusion and infiltration of runoff and filtering of pollutants.
1. LOCATION OF ZONE 2
1.01. Zone 2 begins at the outer edge of Zone 1 and extends landward a minimum of twenty
(20) feet as measured horizontally on a line perpendicular to the waterbody.
1.02. The combined minimum width of Zones 1 and 2 shall be fifty (50) feet on all sides of
the waterbody.
2. ALLOWED ACTIVITIES
The followina practices and activities are allowed in Zone 2, in addition to those allowed in
Zone 1:
2.01. Periodic mowing and removal of plant products such as timber, nuts, and fruit is
allowed provided the intended purpose of the riparian area is not compromised by
harvesting, disturbance, or loss of forest or herbaceous ground cover; and
2.02. Grading and timber harvesting provided that vegetated ground cover be established
immediately following completion of the land -disturbing activity.
3. PROHIBITED ACTIVITIES
The following practices and activities are not allowed in Zone 2:
3.01. New development, except as provided in Section 8.3.6C.1.e. Exemptions;
3.02. New on -site sanitary sewage systems which use ground absorption;
VyINSTON-SALEM/FORSYTH COUNTY UDO ����
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
3.03. Any activity that threatens the health and function of the vegetation including, but not
limited to, application of chemicals in amounts exceeding the manufacturer's
recommended rate, uncontrolled sediment sources on adjacent lands, and the creation
of any areas with bare soil.
b. TIMBER REMOVAL
i. Timber removal and skidding of trees shall be directed away from the water course or waterbody.
ii. Skidding shall be done in a manner to prevent the creation of ephemeral channels perpendicular to
the water body.
iii. Any tree removal must be performed in a manner that does not compromise the intended purpose
of the riparian area and is in accordance with the Forest Practices Guidelines Related to Water
Quality (15A NCAC 1J.0201-.0209).
c. MAINTENANCE OF SHEET FLOW
Maintenance of sheet flow in Zones 1 and 2 is required in accordance with the following
i. Sheet flow must be maintained to the maximum extent practical through dispersing concentrated
flow and re-establishment of vegetation to maintain the effectiveness of the riparian area.
ii. Concentrated runoff from new ditches or manmade conveyances must be dispersed into sheet flow
before the runoff enters Zone 2 of the riparian area.
iii. Existing ditches and manmade conveyances, as specified in Section 8.3.6C.1.e. Exemptions, are
exempt from this requirement; however, care shall be taken to minimize pollutant loading through
these existing ditches and manmade conveyances from fertilizer application or erosion.
iv. Periodic corrective action to restore sheet flow shall be taken by the landowner if necessary to
impede the formation of erosion gullies which allow concentrated flow to bypass treatment in the
riparian area.
d. MAINTENANCE OF STREAM CHANNELS
i. Periodic maintenance of modified natural streams such as canals is allowed provided that
disturbance is minimized and the structure and function of the riparian area is not compromised.
ii. A grassed travelway is allowed on one side of the waterbody when alternative forms of
maintenance access are not practical.
iii. The width and specifications of the travelway shall be only that needed for equipment access and
operation.
iv. The travelway shall be located to maximize stream shading,
VyINSTON-SALEM/FORSYTH COUNTY UDO ����
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only

Chapter 8 Environmental Provisions
Section 8.3 Watershed Protection (F)
8.3.7 WATER QUALITY AND SURP111VA
A. IN GENERAL
1. No activity, situation, structure, or land use shall be allowed within the watershed which poses a threat to
water qua lit .
2. Such conditions may arise from inadequate on -site sewage systems which utilize ground absorption;
inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or
other refuse within a buffer area; the absence or improper implementation of a spill containment plan for
hazardous materials; the improper management of stormwater runoff; or any other situation found to pose
a threat to water quality
B. ABATEMENT
1. IDENTIFICATION OF SITUATIONS
The Stormwater Director or a designee shall monitor land use activities within the watershed areas to
identify situations that may pose a threat to water quality.
2. REPORT CONCERNING SITUATIONS
a. The Stormwater Director or a designee shall report all findings to the Director of Planning of the
Planning Boards of the applicable jurisdictions.
b. The Director of Planning may consult with any public agency or official and request recommendations.
c. The Director of Planning shall prepare a report and make recommendations to the Planning Boards of
the applicable jurisdictions.
3. PLANNING BOARD AND ELECTED BODY ACTION
Where the Planning Board of the jurisdiction finds a threat to water quality, the Planning Board of the
jurisdiction shall make recommendations to the elected body who may institute any appropriate action or
proceeding to restrain, correct or abate the condition and/or violation.
VVINSTON-SALEM/FORSYTH COUNTY UDO 8-53
Italics text: Applicable in Winston-Salem only
LAST UPDATED: 4.18.19
Underlined text: Applicable in Forsyth County only