WSCO_ROCK_WSWP Ordinance_20220318

Sec. 42.02 - Watershed Protection (WP-O)
Purpose:
(a) Surface waters of the state and county are a precious but delicate natural resource. They are life
sustaining for humans, animals, and vegetation both directly and as a source of recharge for the
underground aquifers. They provide an essential link in almost all natural processes, provide
opportunities for recreation and refreshment, supply industrial needs for process and cooling water,
generate power, and contribute immeasurably to scenic beauty.
(b) The intent of the watershed protection district (WP-O) is to provide regulations which will limit the
exposure of drinking water watersheds in Rockingham County, to pollution and safeguard the use
waters for recreational opportunities. The sources of such pollution include, but are not limited to
leachate from septic tank nitrification fields; stormwater runoff; accidental spillage from residential,
commercial and industrial operations.
Sec. 42.02.01 Authority and Enactment.
The Legislature of the State of North Carolina has, in G.S. Chapter 160D-103 Unified Development
Ordinance and 160D-926, Water Supply Watershed Management and in Chapter 143, Article 21,
Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry. The
Rockingham County Board of Commissioners does hereby ordain and enact into law the following articles
as the Watershed Protection Ordinance of Rockingham County.
Sec. 42.02.02 Definitions.
Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes.
Balance of Watershed (BW). The area adjoining and upstream of the critical area in a WS-II and WS-III
water supply watershed. The "balance of watershed" is comprised of the entire land area contributing
surface drainage to the stream, river, or reservoir where a water supply intake is located.
Best Management Practices (BMP). A structural or nonstructural management -based practice used
singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water
quality protection goals.
Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse
manner so that the runoff does not become channelized and which provides for infiltration of the runoff
and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded
structures and from the bank of each side of streams or rivers.
Building. Any structure having a roof supported by columns or by walls, and intended for shelter, housing
or enclosure of persons, animals or property. The connection of two buildings by means of an open
porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be
deemed to make them one building.
Built -upon area. Built -upon areas shall include that portion of a development project that is covered by
impervious or partially impervious (does not allow water to infiltrate from surface to subsurface) cover
including buildings, pavement, gravel areas (e.g. roads, parking lots, pathsl, recreation facilities (e.g.
tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered
pervious.)
Cluster Development. Cluster development means the grouping of buildings in order to conserve land
resources and provide for innovation in the design of the project including minimizing stormwater runoff
impacts. This term includes nonresidential development as well as single-family residential and multi-
family developments. For the purpose of this ordinance, planned unit developments and mixed -use
development are considered as cluster development.
Common Plan of Development— site where multiple separate and distinct development activities may be
taking place at different times or different schedules but governed by a single development plan
regardless of ownership of parcels.
Critical Area. The area adjacent to a water supply intake or reservoir where risk associated with pollution
is greater than from the remaining portions of the watershed. The critical area is defined as extending
either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the
ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located

directly in the stream or river (run -of -the -river), or the ridge line of the watershed (whichever comes first).
Local governments may extend the critical area as needed. Major landmarks such as highways or
property lines may be used to delineate the outer boundary of the critical area if these landmarks are
immediately adjacent to the appropriate outer boundary of one-half mile.
Customary Home Occupations. Any use conducted entirely within a dwelling and carried on by the
occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential
purposes and does not change the character thereof. Provided further that no mechanical equipment is
installed or used except as is normally used for domestic or professional purposes, and that not over
twenty-five percent (25%) of the total floor space of any structure is used for the occupation. No home
occupation shall be conducted in any accessory building except for the storage and service of a vehicle
that is driven off site, such as a service repair truck, delivery truck, etc.
Development. Any land disturbing activity which adds to or changes the amount of impervious or partially
impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
Dwelling Unit. A building, or portion thereof, providing complete and permanent living facilities for one or
more persons.
Existing Development. Those projects that are built or those projects that at a minimum have established
a vested right under North Carolina zoning law as of the effective date of this ordinance based on at least
one of the following criteria:
(1) substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General Statutes (160D-
102), or
(3) having an approved site specific or phased development plan as authorized by the
General Statutes (G.S. 160D-102).
Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which has been recorded in the
Office of the Register of Deeds prior to the adoption of this ordinance, or a lot described by metes and
bounds, the description of which has been so recorded prior to the adoption of this ordinance.
Family. One or more persons occupying a single dwelling unit, provided that unless all members are
related by blood or marriage or adoption, no such family shall contain over five persons, but further
provided that domestic servants employed or living on the premises may be housed on the premises
without being counted as a family or families.
Family Subdivision. Family subdivision means a division of a tract of land: (a) to convey the resulting
parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for
nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to
any one relative; or (b) to divide land from a common ancestor among tenants in common, all of whom
inherited by intestacy or by will.
Industrial Development. Any non-residential development that requires an NPDES permit for an industrial
discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing,
assembling, finishing, cleaning or developing any product or commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with Chapter
130A Article 9 of the N.C. General Statutes. For the purpose of this ordinance this term does not include
composting facilities.
Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to
a common use, together with the customary accessories and open spaces belonging to the same.
Major Variance. A variance that is not a Minor Variance as defined in this ordinance .
Minor Variance. A variance from the minimum statewide watershed protection rules that results in a
relaxation, by a factor of up to five (5) percent of any buffer, density or built -upon area requirement under
the high -density option; or that results in a relaxation, by a factor of up to ten (10) percent, of any
management requirement under the low -density option. For variances to a vegetated setback
requirement, the percent variation shall be calculated using the foot print of built -upon area proposed to
encroach with the vegetated setback divided by the total area of vegetated setback within the project.
Nonconforming Lot of Record. A lot described by a plat or a deed that was recorded prior to the effective

date of local watershed protection regulations (or their amendments) that does not meet the minimum lot
size or other development requirements of the statewide watershed protection rules.
Non-residential Development. All development other than residential development, agriculture and
silviculture.
Plat. A map or plan of a parcel of land which is to be, or has been subdivided.
Protected Area. The area adjoining and upstream of the critical area of WS-IV watersheds. The
boundaries of the protected area are defined as within five miles of and draining to the normal pool
elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream and draining to
the intake located directly in the stream or river or to the ridgeline of the watershed.
Qualified Individual. A person certified to perform stream determinations by completing and
passing he Surface Water Identification Training and Certification (SWITC) course offered
by the N.C. Div. of Water Resources at N.C. State University.
Residential Development. Buildings for residence such as attached and detached single-family dwellings,
apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such
as garages, storage buildings, gazebos, etc. and customary home occupations.
Residuals. Any solid or semi -solid waste generated from a wastewater treatment plant, water treatment
plant or air pollution control facility permitted under the authority of the Environmental Management
Commission.
Single Family Residential. Any development where: 1) no building contains more than one dwelling unit,
2) every dwelling unit is on a separate lot, and 3) where no lot contains more than one dwelling unit.
Stormwater Control Measure (SCM). means a permanent structural device that is designed, constructed,
and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic
the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge, reuse
of stormwater or a combination thereof.
Street (Road). A right-of-way for vehicular traffic which affords the principal means of access to abutting
properties.
Structure. Anything constructed or erected, including but not limited to buildings, which requires location
on the land or attachment to something having permanent location on the land.
Subdivider. Any person, firm corporation, or official who subdivides or develops any land deemed to be a
subdivision as herein defined.
Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions
for the purpose of sale or building development (whether immediate or future) and shall include all
division of land involving the dedication of a new street or a change in existing streets; but the following
shall not be included within this definition nor be subject to the regulations authorized by this ordinance:
(1) The combination or recombination of portions of previously subdivided and recorded lots
where the total number of lots is not increased and the resultant lots are equal to or
exceed the standards of this ordinance;
(2) The division of land into parcels greater than 10 acres where no street right-of-way
dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets;
(4) The division of a tract in single ownership whose entire area is no greater than two acres
into not more than three lots, where no street right-of-way dedication is involved and
where the resultant lots are equal to or exceed the standards of this ordinance;
(5) The division of a tract into plots or lots used as a cemetery.
(6) The division of a tract into parcels in accordance with the terms of a probated will or in
accordance with intestate succession under Chapter 29 of the General Statutes.
Surface Waters: All waters of the State as defined in NCGS 143-212 except underground waters.
Toxic Substance. Any substance or combination of substances (including disease causing agents),
which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either
directly from the environment or indirectly by ingestion through food chains, has the potential to cause
death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including

malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their
off spring or other adverse health effects.
Variance. A permission to develop or use property granted by the Watershed Review Board relaxing or
waiving a water supply watershed management requirement adopted by the Environmental Management
Commission that is incorporated into this ordinance.
Vested Right— The right to undertake and complete the development and use of property under the terms
and conditions of an approved site -specific development plan or an approved phased development plan.
Refer to the North Carolina General Statutes Section 160D- 108 for more information.
Water Dependent Structure. Any structure for which the use requires access to or proximity to or citing
within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads.
Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g. the water supply
intake.) or alternatively, the geographic region within which water drains to a particular river, stream or
body of water.
Watershed Administrator. An official or designated person of [county][town] responsible for administration
and enforcement of this ordinance.
Word Interpretation.
For the purpose of this ordinance, certain words shall be interpreted as follows:
Words in the present tense include the future tense.
Words used in the singular number include the plural, and words used in the plural number
include the singular, unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust, and company as well as an
individual.
The word "structure" shall include the word "building."
The word "lot" shall include the words, "plot," "parcel," or "tract."
The word "shall" is always mandatory and not merely directory.
The word "will" is always mandatory and not merely directory.
Sec. 42.02.03 Jurisdiction.
The provisions of this Ordinance shall apply within the areas designated as a Public Water Supply
Watershed by the N.C. Environmental Management Commission and shall be defined and established on
the map entitled, "Watershed Protection Map of Rockingham County, North Carolina" ("the Watershed
Map"), which is adopted simultaneously herewith. The Watershed Map and all explanatory matter
contained thereon accompanies and is hereby made a part of this Ordinance. This Ordinance shall be
kept on file in the office of the Community Development Director. These articles are not more restrictive
than the minimum state requirements set forth by the rules in 15A NCAC 02B .0624 Water Supply
Watershed Protection Program
Section 42.02.03 Exceptions to Applicability.
(a) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or
any ordinance or regulation pertaining thereto except any ordinance which these regulations
specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any provisions
of the Unified Development Ordinance; however, the adoption of this Ordinance shall and does
amend any and all ordinances, resolutions, and regulations in effect in Rockingham County at the
time of the adoption of this Ordinance that may be construed to impair or reduce the effectiveness of
this Ordinance or to conflict with any of its provisions.
(a) (B) It is not intended that these regulations interfere with any easement, covenants or other
agreements between parties. However, if the provisions of these regulations impose greater
restrictions or higher standards for the use of a building or land, then the provisions of these
regulations shall control.

(b) (C) Existing development, as defined in this ordinance, is not subject to the requirements of this
ordinance. Expansions to structures classified as existing development must meet the requirements
of this ordinance, however, the built -upon area of the existing development is not required to be
included in the density calculations.
(c) (D) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then
that lot of record shall not be subject to the development restrictions of this ordinance if it is
developed for single-family residential purposes. Any lot or parcel created as part of a family
subdivision after the effective date of these rules shall be exempt from these rules if it is developed
for one single-family detached residence and if it is exempt from local subdivision regulation. Any lot
or parcel created as part of any other type of subdivision that is exempt from a local subdivision
ordinance shall be subject to the land use requirements (including impervious surface requirements)
of these rules, except that such a lot or parcel must meet the minimum buffer requirements to the
maximum extent practicable.3
Section 42.02.05 Repeal of Existing Watershed Ordinance. (Optional)
This ordinance carries forward by re-enactment, some of the Watershed Protection Ordinance of
Rockingham County, North Carolina (11/1/1993, effective 11/1/1994; as amended 10/09/2012). It is not
the intention to repeal but rather to re-enact and continue in force such existing provisions so that all
rights and liabilities that have accrued thereunder are preserved and may be enforced. All provisions of
the Watershed Ordinance which are not re-enacted herein are hereby repealed. All suits at law or in
equity and/or all prosecutions resulting from the violation of any ordinance provisions heretofore in effect,
which are now pending in any court of this state or of the United States, shall not be abated or abandoned
by reason of the adoption of this ordinance, but shall be prosecuted to their finality the same as if this
ordinance had not been adopted; and any and all violations of the existing Watershed Protection
Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted;
and nothing in this ordinance shall be so construed as to abandon, abate or dismiss any litigation or
prosecution now pending and/or which may heretofore have been instituted or prosecuted.
Section 42.02.06 Criminal Penalties.
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for each offense shall
not exceed $500.00. Each day that the violation continues shall constitute a separate offense.
Section 42.02.07 Remedies.
(a) If any subdivision, development and/or land use is found to be in violation of this Ordinance, the
Rockingham County Board of Commissioners may, in addition to all other remedies available either in
law or in equity, institute a civil penalties, action or proceedings to restrain, correct, or abate the
violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act,
conduct, business, or use in or about the premises. In addition, the N.C. Environmental Management
Commission may assess civil penalties in accordance with G.S. 143-215.6(a). Each day that the
violation continues shall constitute a separate offense.
(b) If the Watershed Administrator finds that any of the provisions of this ordinance are being violated, he
shall notify in writing the person responsible for such violation, indicating the nature of the violation,
and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of
land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or
structural changes thereto; discontinuance of any illegal work being done; or shall take any action
(c) authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. If a

ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such
ruling to the Board of Adjustment.
Section 42.02.08 Severability.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of
competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or any part
thereof that is not specifically declared to be invalid or unconstitutional.
Sec. 42.02.09 Regulations applicable to multiple watershed areas.
No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded by the
Register of Deeds until it has been approved in accordance with the provisions of Article III Division 4
(Subdivision Procedures) of this ordinance. All subdivision applications for properties located within a
Public Water Supply Watershed or the Jordan Lake Watershed shall be reviewed by the Watershed
Administrator or their appointed representative. In addition to the density and built upon limits allowed for
each of the individual water areas, new development and expansions to existing development may be
increased on a case -by -case basis through the provisions outlined in Sec. 42.02.104.
(a) Agricultural Activities.
Water Supply Watershed protection rules pertaining to agriculture are required in all WS-1 watersheds
and in the critical areas of WS-11, WS-111 and WS-IV watersheds. [See (1) Allowed Uses (a) in each of
these watersheds.] The Soil and Water Conservation Commission is the designated management agency
responsible for implementing the provisions of the watershed rules pertaining to agricultural activities.
(1) Agricultural activities conducted after January 1, 1993 shall maintain a minimum 10-foot
vegetated buffer, or equivalent control as determined by the Soil and Water Conservation
Commission, along all perennial waters indicated on the most recent versions of U.S.G.S.
1:24,000 scale (7.5 minute) scale topographic maps or as determined by local government
studies; and
(2) Animal operations permitted under 15A NCAC 2H.0217 and deemed permitted are allowed in all
classified water supply watersheds.
(b) Section 3. Cluster Development.
Cluster development is allowed in all Watershed Areas of the county under the following conditions:
(1) Minimum lot sizes are not applicable to single family cluster development projects; however, the
total number of lots shall not exceed the number of lots allowed for single family detached
developments in Section 2. Density or built -upon area for the project shall not exceed that
allowed for the critical area, balance of watershed or protected area, whichever applies.
(2) All built -upon area shall be designed and located to minimize stormwater runoff impact to the
receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(3) Areas of concentrated density development shall be located in upland area and away, to the
maximum extent practicable, from surface waters and drainageways.
(4) The remainder of the tract shall remain in a vegetated or natural state. The title to the open space
area shall be conveyed to an incorporated homeowner's association for management; or to a
conservation organization for preservation in a permanent easement. Where a property
association is not incorporated, a maintenance agreement shall be filed with the property deeds.
(c) Section 4. Buffer Areas Required.
(1) As provided in Chapter 8 of this Unified Development Ordinance, a permanently protected
"riparian buffer" shall be required for development within the Jordan Reservoir Watershed. See
Sec. 42.03 for these regulations.
(2) A minimum sixty -foot (60) vegetative buffer is required along all perennial and intermittent waters
indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps

or as determined by local government studies (with the exception of the Jordan Lake protected
overlay). Desirable artificial streambank or shoreline stabilization is permitted.
(3) No new development is allowed in the buffer except for water dependent structures, other
structures such as flag poles, signs and security lights which result in only diminutive increases in
impervious area and public projects such as road crossings and greenways where no practical
alternative exists. These activities should minimize built -upon surface area, direct runoff away
from the surface waters and maximize the utilization of stormwater Best Management Practices.
(d) Section 5. Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the
Watershed Map, the following rules shall apply:
(1) Where area boundaries are indicated as approximately following either street, alley, railroad or
highway lines or centerlines thereof, such lines shall be construed to be said boundaries.
(2) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be
construed to be said boundaries. However, a surveyed plat prepared by a registered land
surveyor may be submitted to the County as evidence that one or more properties along these
boundaries do not lie within the watershed area.
(3) Where the watershed area boundaries lie at a scaled distance more than twenty-five (25) feet
from any parallel lot line, the location of watershed area boundaries shall be determined by use of
the scale appearing on the watershed map.
(4) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet or less from
any parallel lot line, the location of watershed area boundaries shall be construed to be the lot
line.
(5) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed Map
as to location of such boundaries. This decision may be appealed to the Board of Adjustment.
(e) Section 6. Application of Regulations.
(1) No building or land shall hereafter be used and no development shall take place except in
conformity with the regulations herein specified for the watershed area in which it is located.
(2) No area required for the purpose of complying with the provisions of this ordinance shall be
included in the area required for another building.
(3) If a use or class of use is not specifically indicated as being allowed in a watershed area, such
use or class of use is prohibited.
(f) Section 7. Existing Development.
Existing development, as defined in this ordinance, may be continued and maintained subject to the
provisions provided herein. Expansions to structures classified as existing development must meet
the requirements of this ordinance; however, the built -upon area of the existing development is not
required to be included in the built -upon area calculations.
(g) Uses of land. This category consists of uses existing at the time of adoption of this ordinance where
such use of the land is not permitted to be established hereafter in the watershed area in which it is
located. Such uses may be continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall not thereafter revert to any
prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year, it shall not be reestablished.
(h) Reconstruction of Buildings or Built -upon Areas. Any existing building or built -upon area not in
conformance with the restrictions of this ordinance that has been damaged or removed may be
repaired and/or reconstructed, except that there are no restrictions on single family residential
development, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and completed within two (2) years
of such damage.

(2) The total amount of space devoted to built -upon area may not be increased unless stormwater
control that equals or exceeds the previous development is provided.
(g) Section 8. Zoning Permit
(1) Except where a single-family residence is constructed on a lot deeded prior to January 1, 1994,
no building or built -upon area shall be erected, moved, enlarged or structurally altered, not shall
any building permit be issued nor shall any change in the use of any building or land be made
until a Zoning Permit has been issued. No Zoning Permit shall be issued except in conformance
with the provisions of the watershed regulations in this chapter.
(2) Zoning Permits shall be issued in accordance with Chapter 11, Article XV of this Unified
Development Ordinance.
(3) Prior to the issuance of a Zoning Permit, the Planning Department may consult with qualified
personnel for assistance to determine if the application meets the watershed requirements of this
ordinance.
(4) A Zoning Permit shall expire if a Building Permit for such use is not obtained by the applicant with
twelve (12) months from the date of issuance.
(h) Section 9. Building Permit Required.
No permit required under the North Carolina State Building Code shall be issued for any activity until
a Zoning Permit has been issued.
(i) Section 10. Occupancy Permits
The Inspections Department shall issue a Certificate of Occupancy certifying that all requirements of
the ordinance have been met prior to the occupancy or use of a building hereafter erected, altered or
moved and/or prior to the change of use of any building or land.
Sec. 42.02.10. Establishment of Watershed Areas.
The purpose of this Article is to list and describe the watershed areas herein adopted. For purposes of
this ordinance the county is hereby divided into the following areas, as appropriate:
Country Line Creek
Troublesome Creek
Troublesome Creek
Dan River (Eden)
Dan River (Madison)
Haw River
Mayo River
Smith River
WS-11-BW (Balance of Watershed)
WS-III-CA (Critical Area)
WS-1II-BW (Balance of Watershed)
WS-IV-PA (Protected Area)
WS-IV-PA (Protected Area)
WS-IV-PA (Protected Area)
WS-IV-PA (Protected Area)
WS-IV-PA (Protected Area)
Sec. 42.02.11. Watershed Areas Described.
A. WS-1 Watershed Areas.
There are no WS-1 Watershed areas in Rockingham County.
B. WS-11 Watershed Areas -Critical Area (WS-II-CA)
There are no WS-11 Critical Watershed areas in Rockingham County.

WS-II Watershed Areas - Balance of Watershed (WS-II-BW).
1. Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990. [See Article 11, Section 2(H)]
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 11.0101-.0209).
(c) Residential development.
(d) Non-residential development except those listed in (C)(3). (Non -discharging landfills and
residuals application sites are allowed.)
2. Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per 43,560
square feet on a project by project basis. No residential lot shall be less than one acre
(excluding roadway right-of-way), except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twelve
percent (12%) built -upon area on a project by project basis. For the purpose calculating
built -upon area, total project area shall include total acreage in the tract on which the
project is to be developed.
3. Prohibited uses:
(a) Discharging landfills
(b) The storage of toxic and hazardous materials unless a spill containment plan is
implemented
WS-III Watershed Areas - Critical Area (WS-III-CA).
1. Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the
Soil and Water Conservation Commission. [See Article 11, Section 2(H)]
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 11.0101-.0209).
(c) Residential.
(d) Non-residential development, except those listed in (D)(3).
2. Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per 80,000
square feet on a project by project basis. No residential lot shall be less than 80,000
square feet (excluding roadway right-of-way), except within an approved cluster
development.
(b) All Other Residential and Non -Residential --development shall not exceed twelve
percent (12%) built -upon area on a project by project basis. For the purpose of
calculating built -upon area, the total project area shall include total acreage in the tract
on which the project is to be developed.
(c) New or existing development shall be served by an approved water and sewer system.
3. Prohibited Uses
(a) New sludge (residual) application sites.
(b) New landfills.
(c) Airports.
(d) Commercial feeder operations.
(e) Commercial uses which sell, store, or distribute motor fuel or other hazardous materials.
(f) Industrial uses.
(g) Incinerators.
(h) The manufacture, use, or storage of any hazardous material or toxic substances as
defined in Chapter 1 of this UDO or determined by the Rockingham County Board of
Commissioners.
(i) Metal salvage facilities including junkyards.
Q) Underground fuel or chemical storage tanks.

WS-III Watershed Areas - Balance of Watershed (WS-III-BW).
1. Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990. [See Article 11, Section 2(H)]
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 11.0101-.0209).
(c) Residential development.
(d) Non-residential development except those listed in (E)(3).
2. Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one (1) dwelling unit per 40,000
square feet on a project by project basis. No residential lot shall be less 40,000 square
feet (excluding roadway right-of-way), except within an approved cluster development.
(b) All Other Residential and Non -Residential development shall not exceed twenty-four
percent (24%) built -upon area on a project by project basis. For the purpose of
calculating built -upon area, total project area shall include total acreage in the tract on
which the project is to be developed.
3. Prohibited Uses:
(a) Discharging landfills.
(b) Underground fuel or chemical storage tanks
(c) The manufacture, storage or use of toxic and hazardous materials unless a spill
containment plan is implemented.
WS-IV Watershed Areas - Critical Area (WS-IV-CA).
Only new development activities that require an erosion/sedimentation control plan under State law or
approved local government program are required to meet the provisions of this watershed ordinance
when located in a WS-IV watershed.
1. Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil
and Water Conservation Commission. [See Article 11, Section 2(H)]
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 11.0101-.0209).
(c) Residential.
(d) Non-residential development, except those listed in (F)(3).
2. Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per 30,000
square feet with well and individual subsurface septic system; 25,000 square feet with
public water or sewer; 21,780 square feet with public water and sewer on a project by
project basis. No residential lot shall be less than one-half (1/2) acre or 21,780 square
feet (excluding roadway right-of-way), except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twenty-four
percent (24%) built -upon area on a project by project basis. For the purpose of
calculating the built -upon area, total project area shall include total acreage in the tract on
which the project is to be developed.
(c) New or existing development shall be served by an approved water and sewer system.
3. Prohibited Uses:
(a) landfills.
(b) sites for land application of residuals or petroleum contaminated soils.
(c) the storage of toxic and hazardous materials unless a spill containment plan is
implemented.

WS-IV Watershed Areas - Protected Area (WS-IV-PA).
Only new development activities that require an erosion/sedimentation control plan under State law or
approved local government program are required to meet the provisions of this watershed ordinance when
located in a WS-IV watershed.
1. Uses Allowed:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990. [See Article II, Section 2(H)]
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 1I.0101-.0209).
(c) Residential development.
(d) Non-residential development.
2. Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one (1) dwelling unit per 30,000
square feet with a well and individual subsurface septic system; 25,000 square feet with
public water or sewer; and, 21,780 square feet with public water and sewer, on a project by
project basis. No residential lot shall be less than one-half (1/2) acre (or 21,780 square feet
excluding roadway right-of-way), except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twenty-four
percent (24%) built -upon area on a project by project basis. For projects without a curb and
gutter street system, development shall not exceed thirty-six percent (36%) built -upon area
on a project by project basis. For the purpose of calculating built -upon area, total project
area shall include acreage in the tract on which the project is to be developed.
(c) The density or built -upon limit shall not be increased based on the type of utilities provided,
except on a case -by -case basis through the variance process.
(d) In addition to the development allowed under paragraphs (a) and (b) above, new
development and expansions to existing development may occupy up to ten percent (10%)
of the protected area with up to seventy percent (70%) built -upon area on a project by
project basis, when approved as a special intensity allocation (SIA). The Watershed
Administrator is authorized to approve SIAs consistent with the provisions of this ordinance.
Projects must, to the maximum extent practicable, minimize built -upon surface area, direct
stormwater away from surface waters and incorporate Best Management Practices to
minimize water quality impacts. For the purpose of calculating built -upon area, total project
area shall include total acreage in the tract on which the project is to be developed.
Sec. 42.02.12. Watershed Administrator and Duties thereof
The Rockingham County Community Development Director shall act as Watershed Administrator. It shall
be the duty of the Watershed Administrator to administer and enforce the provisions of this ordinance as
follows:
(a) The Watershed Administrator shall keep a record of all permits on file and shall make the records
available for public inspection during regular office hours of the Administrator.
(b) The Watershed Administrator shall keep records of all amendments to the local Water Supply
Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to the
Water Quality Section of the Division of Water Quality.
(c) The Watershed Administrator shall keep records of the jurisdiction's use of the provision that a
maximum of ten percent (10%) of the non -critical area of WS-II and WS-III watersheds and, ten
percent (10%) of the protected area of WS-IV watersheds may be developed with new development
at a maximum of seventy percent (70%) built -upon surface area. Records for each watershed shall
include the total acres of non -critical watershed area, total acres eligible to be developed under this
option, total acres approved for this development option, and individual records for each project with
the following information: location, number of developed acres, type of land use and stormwater
management plan (if applicable).

(d) The Watershed Administrator is granted the authority to administer and enforce the provisions of this
Ordinance, exercising in the fulfillment of his responsibility the full police power of the County. The
Watershed Administrator, or his duly authorized representative, may enter any building, structure, or
premises, as provided by law, to perform any duty imposed upon him by this Ordinance.
(e) The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed
Protection Ordinance. This record shall be submitted for each calendar year to the Water Quality
Section of the Division of Environmental Management on or before January 1 st of the following year
and shall provide a description of each project receiving a variance and the reasons for granting the
variance.
Sec. 42.02.13. Appeal from the Watershed Administrator.
Appeals from the decision Watershed Administrator shall be submitted to the Board of Adjustment and
handled the same as an appeal from the decisions of the Zoning Administrator as specified in Chapter 2,
Article XIV.
Sec. 42.02.13. Changes and Amendments to the Watershed Protection Ordinance.
Under no circumstances shall Rockingham County adopt amendments, supplements or changes that
would cause this ordinance to violate the watershed protection rules as adopted by the N.C.
Environmental Management Commission. All amendments must be filed with the N.C. Division of
Environmental Health and the N.C. Division of Community Assistance.
Sec. 42.02.14. Provisions for increased density or built upon area limitations.
The watershed administrator shall have the power to authorize, in specific cases, increases to the density
and/or built upon area limitations of this Ordinance through 10/70 provisions or watershed density
averaging requests for all areas of the watershed outside the Watershed Critical Areas.
Section 42.02.15. Density Averaging
(A) An applicant may average development density on up to two noncontiguous properties for purposes
of achieving compliance with the water supply watershed development standards if all of the
following circumstances exist:
(1) The properties are within the same water supply watershed. If one of the properties is
located in the critical area of the watershed, the critical area property shall not be developed
beyond the applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 2B .0200.
(3) Vegetated setbacks on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the
maximum extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common
area, conveyed to a local government as a park or greenway, or placed under a permanent
conservation or farmland preservation easement unless it can be demonstrated that the
local government can ensure long-term compliance through deed restrictions and an
electronic permitting mechanism. A metes and bounds description of the areas to remain
vegetated and limits on use shall be recorded on the subdivision plat, in homeowners'
covenants, and on individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low -density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A special use permit or other such permit or certificate shall be obtained from the local
Watershed Review Board or Board of Adjustment to ensure that both properties considered

together meet the standards of the watershed ordinance and that potential owners have
record of how the watershed regulations were applied to the properties.
Sec. 42.02.15. Watershed Variances.
The Board of Adjustment ("Board") shall have the power to authorize, in specific cases, variances from
the terms of this Ordinance as will not be contrary to the public interests where, owing to special
conditions, a literal enforcement of this Ordinance will result in practical difficulties or unnecessary
hardship, so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and
substantial justice done. In addition, the County shall notify and allow a reasonable comment period for all
other local governments having jurisdiction in the designated watershed where the major variance is
being considered.
(a) Applications for a variance shall include the following information:
(1)A site plan, drawn to a scale of at least one (1) inch to forty (40) feet, indicating the property lines
of the parcel upon which the use is proposed; any existing or proposed structures; parking areas
and other built -upon areas; surface water drainage. The site plan shall be neatly drawn and
indicate north point, name and address of person who prepared the plan, date of the original
drawing, and an accurate record of any later revisions.
(2)A complete and detailed description of the proposed variance, together with any other pertinent
information which the applicant feels would be helpful to the Board in considering the application.
(3)The Watershed Administrator shall notify in writing each local government having jurisdiction in
the watershed and the entity using the water supply for consumption. Such notice shall include a
description of the variance being requested. Local governments receiving notice of the variance
request may submit comments to the Watershed Administrator prior to a decision by the Board.
Such comments shall become a part of the record of proceedings of the Board.
(b) Before the Board of Adjustment may grant a watershed variance, it shall make the following three
findings, which shall be recorded in the permanent record of the case, and shall include the factual
reasons on which they are based:
(1) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter
of the Ordinance. In order to determine that there are practical difficulties or unnecessary
hardships, the Board must find that the five following conditions exist:
1. If he complies with the provisions of the Ordinance, the applicant can secure no
reasonable return from, nor make reasonable use of, his property. Merely proving that
the variance would permit a greater profit to be made from the property will not be
considered adequate to justify the Board in granting an variance. Moreover, the Board
shall consider whether the variance is the minimum possible deviation from the terms of
the Ordinance that will make possible the reasonable use of his property.
2. The hardship results from the application of the Ordinance to the property rather than
from other factors such as deed restrictions or other hardship.
3. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
4. The hardship is not the result of the actions of an applicant who knowingly or
unknowingly violates the Ordinance, or who purchases the property after the effective
date of the Ordinance, and then comes to the Board for relief.
5. The hardship is peculiar to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special privilege denied to others, and
would not promote equal justice.
(2) The variance is in harmony with the general purpose and intent of the Ordinance and preserves
its spirit.

(3) In the granting of the variance, the public safety and welfare have been assured and substantial
justice has been done. The Board shall not grant a variance if it finds that doing so would in any
respect impair the public health, safety, or general welfare.
(c) In granting the variance, the Board may attach thereto such conditions regarding the location,
character, and other features of the proposed building, structure, or use as it may deem advisable in
furtherance of the purpose of this ordinance. If a variance for the construction, alteration or use of
property is granted, such construction, alteration or use shall be in accordance with the approved
site plan.
(d) The Board shall refuse to hear an appeal or an application for a variance previously denied if it finds
that there have been no substantial changes in conditions or circumstances bearing on the appeal or
application.
(e) A variance issued in accordance with this Section shall expire if a Zoning and/or Building Permit for
such use is not obtained by the applicant within six (6) months from the date of the decision.
(f) If the application calls for the granting of a variance, and if the Board decides in favor of granting the
variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The
preliminary record of the hearing shall include:
(1) The variance application;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision, including all conditions proposed to be added to the permit.
(g) The preliminary record shall be sent to the North Carolina Environmental Management Commission
for its review as follows:
(1) If the Commission concludes from the preliminary record that the variance qualifies as a major
variance and that
a. the property owner can secure no reasonable return from, nor make any practical use of the
property unless the proposed variance is granted, and
b. the variance, if granted, will not result in a serious threat to the water supply, then the
Commission shall approve the variance as proposed or approve the proposed variance with
conditions and stipulations. The Commission shall prepare a Commission decision and send it
to the Board. If the Commission approves the variance as proposed, the Board shall prepare a
final decision granting the proposed variance. If the Commission approves the variance with
conditions and stipulations, the Board shall prepare a final decision, including such conditions
and stipulations, granting the proposed variance.
(2) If the Commission concludes from the preliminary record that the variance qualifies as a major
variance and that
the property owner can secure a reasonable return from or make a practical use of the
property without the variance or
the variance, if granted, will result in a serious threat to the water supply, then the Commission
shall deny approval of the variance as proposed. The Commission shall prepare a
Commission decision and send it to the Board. The Board shall prepare a final decision
denying the variance as proposed.
Sec. 42.02.16. Appeals from Variances.
Appeals from variances must be filed with the Superior Court within 30 days from the date of the decision.
Decisions by the Superior Court will be in the manner of certiorari.

Sec 42.02.17- APPENDIX A NONPOINT WATERSHED MANAGEMENT PLAN
A comprehensive management plan is needed to protect one of Rockingham County's most vital
resources - a clean, plentiful water supply. To be effective it must address both point and nonpoint
sources of pollution. Point sources (companies or municipalities that discharge directly into a stream) are
regulated through the discharge permits issued by the NC Department of Environment, Health, and
Natural Resources. Equally as important are the programs addressing nonpoint source pollution. Within
Rockingham County are a variety of federal/state/county and municipal programs developed to address
this issue.
NEGATIVE IMPACTS ON
PROGRAMS ADDRESSING THESE
WATER QUALITY
IMPACTS
DEVELOPMENT
DEVELOPMENT
Incompatible land uses (such as quarries, junk
Rockingham County Zoning Ordinance limits
yards) can pollute a drinking supply watershed.
incompatible uses to specific zoning districts and
requires them to obtain a special use permit.
High intensity development undermines natural
The County Zoning Ordinance also:
filtering systems.
(1) Limits residential density and non-residential
built -upon area in designated watersheds;
(2) Allows clustering of development in order to
create more open space and encourages
development away from streams and lakes;
(3) Requires 50 ft. buffers along all perennial
streams and 100 ft. setback from high water
mark around water supply reservoirs.
Land disturbing activities cause sediment to enter
NC Sedimentation Control Act of 1974 requires all
streams and lakes.
developers who are disturbing more than one acre
to prepare and implement a sedimentation plan to
minimize erosion of soil from the site. The program
is administered by the NC Department of
Environment, Health, and Natural Resources,
Division of Land Quality. The County supports this
program by notifying the state of any project not in
compliance.
ON -SITE WASTEWATER DISPOSAL
ON -SITE WASTEWATER DISPOSAL
Poorly designed, installed, and maintained septic
N.C. General Statute 130A, Article 11 gives the
systems will allow high bacterial and nutrient
state primary authority to enforce the Sanitary
concentrations to enter ground and surface
Sewage Systems Program. Within the NC
waters.
Department of Environment, Health, and Natural
Resources, the Division of Environmental
Management or Environmental Health (through the
local county sanitarian) enforce this program.

NEGATIVE IMPACTS ON
PROGRAMS ADDRESSING THESE
WATER QUALITY
IMPACTS
SOLID AND HAZARDOUS WASTE
SOLID AND HAZARDOUS WASTE
Migration of leachate from landfills and hazardous
The county zoning ordinance limits landfills and
waste spills will contaminate streams and lakes.
hazardous materials operations to specific districts
and requires a special use permit to minimize any
negative impacts.
NC General Statute 130Agives the NC Department
of Environment, Health, and Natural Resources,
Division of Solid Waste Management primary
regulatory responsibility for solid and hazardous
waste. However, the NC Department of Labor,
Agriculture, Commerce, Crime Control and Public
Safety as well as the Division of Environmental
Management and Pollution Prevention Pays
Program within the NC Department of
Environment, Health, and Natural Resources have
some specific duties in regard to regulating
hazardous wastes; the Rockingham County Fire
Marshall as part of the County Emergency
Response Plan has a role in hazardous waste
management, especially with emergency
responses to spills.
FORESTRY
FORESTRY
Sediment, organic debris, thermal effects due to
All forestry activities in a watershed must
decreased shade cover, and forest chemicals
implement best management practices that meet
such as herbicides and fertilizers.
the performance standards in Forest Practices
Guidelines relating to Water Quality (15A NCAC
11.0101-.0209) NC Department of Environment,
Health, and Natural Resources, Division of Forest
Resources provides technical assistance with
these standards to any logging operator. If these
guidelines are not met, the NC Department of
Environment, Health, and Natural Resources,
Division of Land Quality requires these operations
to continue only with an approved sedimentation
plan as required under the NC Sedimentation
Control Act.
MINING
MINING
Sediment in water supply.
The County zoning ordinance regulates the
location of mining operations and requires a special
use permit.
NC Mining Act of 1971, enforced by NC
Department of Environment, Health, and Natural
Resources, Division of Land Quality, requires
mining and reclamation plans approved prior to
excavation. If not in compliance after inspections,
enforcement through civil penalties, injunction
relief, and/or bond forfeiture.

NEGATIVE IMPACTS ON
PROGRAMS ADDRESSING THESE
WATER QUALITY
IMPACTS
AGRICULTURE
Sediment, nutrients, herbicides, and pesticides in
NC Pesticide Law of 1971 (NCGS 143-434-470) is
water supply.
enforced by the NC Department of Agriculture.
Their specific duties include: regulating the
licensing of operators and the storage,
transportation, handling, use and disposal of
various pesticides.
Agriculture Cost Sharing Program administered by
the Rockingham County Soil and Water
Conservation District Board. Duties include:
identifying treatment areas; allocating resources,
signing agreements with landowners, providing
technical assistance on planning and best
management practices, and encouraging the use of
appropriate best management practices to protect
water quality.
TRANSPORTATION
TRANSPORTATION
Highways through watersheds increase risk of
NC Department of Transportation applies best
pollutants such as sediment, heavy metals, gas
management practices for all new construction.
and oil as well as hazardous materials from spills
Annual audit by NC Department of Environment,
entering water supply.
Health, and Natural Resources, Division of Land
Quality insures NC Department of Transportation's
program is adequate.
Drinking supply watersheds are a consideration in
all thoroughfare plans for the county.
WATER BASED RECREATION
WATER BASED RECREATION
Intense human activity increases risk of
City of Reidsville - owner of Lake Reidsville -
contamination.
restricts recreational activities such as swimming in
the lake. In addition, the county will implement best
management practices as recommended by the
Recreation Resources Service of North Carolina
State University on other water based recreation.

Sec. 42.03. - Jordan Lake Riparian Overlay District (JP-0)
Sec 42.03.01. Authority
This Ordinance is adopted pursuant to the authority vested in Rockingham County by the Session Laws
and the General Statutes of North Carolina, particularly Session Law 2009-216 (House Bill 239), Session
Law 2009-484 (Senate Bill 838), N.0 Gen. Stat §153A-121, 153A-140, , and any special legislation
enacted by the General Assembly for Rockingham County.
Sec 42.03.02. Purpose and Intent
The purpose of adopting the following Ordinance is to protect and preserve existing riparian buffers
throughout the Jordan Watershed to maintain their nutrient removal and stream protection functions and
to protect the water supply uses throughout the Jordan watershed.
Sec. 42.03.03. Title
This Ordinance shall be known as the Rockingham County Riparian Buffer Protection Ordinance for
Lands within the Jordan Watershed.
Sec.42.03.04. Jurisdiction
This Ordinance shall be applied to all land in the planning jurisdiction of Rockingham County that is
located within the Jordan Reservoir Watershed.
Sec.42.03.05. Applicability
This Ordinance applies to all landowners and other persons conducting activities in the area described in
Section 4, with the exception of activities conducted under the authority of the State, the United States,
multiple jurisdictions, or local units of government, and forest harvesting and agricultural activities. The
NC Division of Water Quality shall administer the requirements of Rule 15A NCAC 02B .0267 and .0268
(Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers and Mitigation of Existing
Riparian Buffers, respectively) for these activities.
Sec 42.03.06. Relation to Other Ordinances
If the provisions of this ordinance otherwise conflict with the provisions of any other validly enforceable
ordinance(s) or laws, the most stringent provisions shall control. This Ordinance is not intended to
interfere with, abrogate, or annul any other ordinance, rule, regulation, or other provision of law.
Sec. 42.03.07. Riparian Area Protection within the Jordan Reservoir Watershed:
Sec. 42.03.071 Buffers Protected
The following minimum criteria shall be used for identifying regulated buffers:
(a) This Ordinance shall apply to activities conducted within, or outside of with hydrologic impacts in
violation of the diffuse flow requirements set out in Section 7.(E) upon, 50-foot wide riparian buffers
directly adjacent to surface waters in the Jordan watershed (intermittent streams, perennial streams,
lakes, reservoirs and ponds), excluding wetlands.
(b) Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of
the riparian buffer but are regulated pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules 15A
NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution
Control Act.
(c) For the purpose of this Ordinance, only one of the following types of maps shall be used for purposes
of identifying a water body subject to the requirements of this ordinance:
(1) The most recent version of the soil survey map prepared by the Natural Resources Conservation
Service of the United States Department of Agriculture.
(2) The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS).
(3) A map approved by the Geographic Information Coordinating Council and by the NC
Environmental Management Commission. Prior to approving a map under this Item, the
Commission shall provide a 30-day public notice and opportunity for comment. Alternative maps
approved by the Commission shall not be used for buffer delineation on projects that are existing
and ongoing within the meaning of Section 7.(C) of this Ordinance.

(d) Where the specific origination point of a stream regulated under this Item is in question, upon request
of the NC Division of Water Quality or another party, a Rockingham County representative, who has
successfully completed the Division's Surface Water Identification Training Certification course, its
successor, or other equivalent training curriculum approved by the Division, shall make an on -site
determination. The representative, shall establish the origin point using the latest version of the
Division publication, Identification Methods for the Origins of Intermittent and Perennial Streams, or its
successor, as available from the NC Division of Water Quality. The County may accept the results of
a site assessment made by another party who meets these criteria. Any disputes over on -site
determinations made according to this Item shall be referred to the Director of the Division of Water
Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. The Director's
determination is subject to review as provided in Articles 3 and 4 of G.S. 150B.
(e) Riparian buffers protected by this Ordinance shall be measured pursuant to Section 7.(D) of this
Ordinance.
(f) Parties subject to this Ordinance shall abide by all State rules and laws regarding waters of the state
including but not limited to Rules 15A NCAC 213.0230 and .0231, Rules 15A NCAC 2H .0500, 15A
NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.
(g) No new clearing, grading, or development shall take place nor shall any new building permits be
issued in violation of this Ordinance.
Sec. 42.03.072 Exemption Based on on —site Determination
When a landowner or other affected party including the Division believes that the maps have inaccurately
depicted surface waters, he or she shall consult the County. Upon request, a Rockingham County
representative who has successfully completed the Division of Water Quality's Surface Water
Identification Training Certification course, its successor, or other equivalent training curriculum approved
by the Division, shall make an onsite determination. The County may also accept the results of site
assessments made by other parties who have successfully completed such training. Any disputes over
on -site determinations shall be referred to the Director of the Division of Water Quality c/o the 401
Oversight Express Permitting Unit, or its successor, in writing. A determination of the Director as to the
accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B.
Surface waters that appear on the maps shall not be subject to these buffer requirements if a site
evaluation reveals any of the following cases:
(a) Man-made ponds and lakes that are not part of a natural drainage way that is classified in
accordance with 15A NCAC 213 .0100, including ponds and lakes created for animal watering,
irrigation, or other agricultural uses. (A pond or lake is part of a natural drainage way when it is fed by
an intermittent or perennial stream or when it has a direct discharge point to an intermittent or
perennial stream.)
(b) Ephemeral streams.
(c) The absence on the ground of a corresponding intermittent or perennial stream, lake, reservoir, or
pond.
(d) Ditches or other man-made water conveyances, other than modified natural streams.
Sec. 42.03.073 Exemption when Existing Uses are Present and Ongoing
This Ordinance shall not apply to uses that are existing and ongoing; however, this Ordinance shall apply
at the time an existing, ongoing use is changed to another use. Change of use shall involve the initiation
of any activity that does not meet either of the following criteria for existing, ongoing activity:
(a) It was present within the riparian buffer as of the effective date of this Ordinance and has continued to
exist since that time. Existing uses shall include agriculture, buildings, industrial facilities, commercial
areas, transportation facilities, maintained lawns, utility lines and onsite sanitary sewage systems, any
of which involve either specific, periodic management of vegetation or displacement of vegetation by
structures or regular activity. Only the portion of the riparian buffer occupied by the footprint of the
existing use is exempt from this Ordinance. Change of ownership through purchase or inheritance is

not a change of use. Activities necessary to maintain uses are allowed provided that the site remains
similarly vegetated, no impervious surface is added within 50 feet of the surface water where it did not
previously exist as of the effective date of this Ordinance, and existing diffuse flow is maintained.
(b) Projects or proposed development that are determined by the County to meet at least one of the
following criteria:
(1) Project requires a 401 Certification/404 Permit and these were issued prior to the effective date
this Ordinance, and prior to the effective date of this Ordinance;
(2) Projects that require a state permit, such as landfills, NPDES wastewater discharges, land
application of residuals and road construction activities, have begun construction or are under
contract to begin construction and had received all required state permits and certifications prior
to the effective date of this Ordinance;
(3) Projects that are being reviewed through the Clean Water Act Section 404/National
Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate successor and that have reached
agreement with DENR on avoidance and minimization by the effective date of this Ordinance; or
(4) Projects that are not required to be reviewed by the Clean Water Act Section 404/National
Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant
Impact has been issued for the project and the project has the written approval of the County
prior to the effective date of this Ordinance.
Sec. 42.03.074 Riparian Buffer Zone
The protected riparian buffer zone shall consist of a vegetated area that is undisturbed except for uses
provided for in the Table of Exempt Uses, Appendix A of this Ordinance. For intermittent and perennial
streams, the buffer shall begin at the top of the bank and extend landward a distance of 50 feet on all
sides of the surface water, measured horizontally on a line perpendicular to a vertical line marking the top
of the bank. For ponds, lakes and reservoirs located within a natural drainage way, the buffer shall begin
at the normal water level and extend landward a distance of 50 feet, measured horizontally on a line
perpendicular to a vertical line marking the normal water level.
Sec. 42.03.075 Diffuse Flow Requirements
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to its
entry into the buffer and reestablishing vegetation as follows:
(a) Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at
non -erosive velocities before the runoff enters the riparian buffer;
(b) Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to
impede the formation of erosion gullies; and
(c) No new stormwater conveyances are allowed through the riparian buffer except for those specified in
the Table of Exempt Uses (See Section 8.(B) and Appendix A of this Ordinance).
Sec. 42.03.08. Potential Uses and Associated Requirements:
Sec. 42.03.081 Approval for New Development
All subdivision applications for properties located within a Public Water Supply Watershed or the Jordan
Lake Watershed shall be reviewed by the Watershed Administrator or their appointed representative.
Rockingham County shall issue an approval for new development only if the development application
proposes to avoid impacts to riparian buffers defined in Section 7.(A) of this Ordinance, or where the
application proposes to impact such buffers, it demonstrates that the applicant has done the following as
applicable:
(a) Determined the activity is exempt from the requirements of this Ordinance as listed in the Table of
Exempt Uses in Appendix A; or
(b) Receives a variance pursuant to Section 9.(B).

Sec. 42.03.082 Table Exempt of Uses
The Table of Exempt Uses, found in Appendix A to this chapter, sets out potential new uses within the
buffer, or outside the buffer with impacts on the buffer, that are categorized as exempt. All uses not
categorized as exempt are considered prohibited and may not proceed within the riparian buffer or
outside the buffer if the use would impact the buffer unless a variance is granted pursuant to Section 9 of
this Ordinance.
Sec. 42.03.083 Requirements for Exempt Uses
Uses designated in the Table of Exempt Uses are permissible without authorization by the County
provided that they adhere to the limitations of the activity as defined in the Table of Exempt Uses.
Additionally, exempt uses shall be designed, constructed and maintained to minimize soil disturbance and
to provide the maximum water quality protection practicable, including construction, monitoring, and
maintenance activities.
Sec. 42.03.09. Variances:
Sec. 42.03.091 Riparian Buffer Zones
The riparian buffer shall consist of a vegetative area that is undisturbed except for uses provided for in
the Table of Exempt Uses in Appendix A. For purposes of variances, the protected riparian buffer shall
have two zones as follows:
(a) The location of Zone One shall be as follows:
(1) For intermittent and perennial streams, Zone One shall begin at the top of the bank and extend
landward a distance of 30 feet on all sides of the surface water, measured horizontally on a line
perpendicular to a vertical line marking the top of the bank.
(2) For ponds, lakes and reservoirs located within a natural drainage way, Zone One shall begin at
the normal water level and extend landward a distance of 30 feet, measured horizontally on a line
perpendicular to a vertical line marking the normal water level.
(b) Zone Two shall begin at the outer edge of Zone One and extend landward 20 feet as measured
horizontally on a line perpendicular to the surface water. The combined width of Zones One and Two
shall be 50 feet on all sides of the surface water.
Sec. 42.03.092 Variances
(a) Requirements for Variances - Persons who wish to undertake prohibited uses that will impact any
portion of the riparian buffer may pursue a variance. The County shall prepare preliminary findings
and submit them to the Division of Water Quality, 401 Oversight Express Permitting Unit, or its
successor for approval by the Environmental Management Commission. The variance request
procedure shall be as follows:
(1) For any variance request, the County shall make a finding of fact as to whether there are practical
difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection
requirements. A finding of practical difficulties or unnecessary hardships shall require that the
following conditions are met:
(2) If the applicant complies with the provisions of this Ordinance, he/she can secure no reasonable
return from, nor make reasonable use of, his/her property. Merely proving that the variance
would permit a greater profit from the property shall not be considered adequate justification for a
variance. Moreover, the County shall consider whether the variance is the minimum possible
deviation from the terms of this Ordinance that shall make reasonable use of the property
possible;
(3) The hardship results from application of this Ordinance to the property rather than from other
factors such as deed restrictions or other hardship;
(4) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or
topography, such that compliance with provisions of this ordinance would not allow reasonable
use of the property;
(5) The applicant did not cause the hardship by knowingly or unknowingly violating this Ordinance;

a. The hardship is rare or unique to the applicant's property.
b. The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and this Ordinance and preserves its spirit; and
c. In granting the variance, the public safety and welfare have been assured, water quality
has been protected, and substantial justice has been done.
(b) Minor Variances
A minor variance request pertains to activities that will impact only Zone Two of the riparian buffer.
Minor variance requests shall be reviewed and approved based on the criteria in Section 9 (B)(1) by
the Rockingham County Board of Adjustment pursuant to G.S. 160D — 302 and 160D-705. The
Board may attach conditions to the variance approval that support the purpose, spirit and intent of the
riparian buffer protection program. Request for appeals to decisions made by the Board shall be
made in writing to the Director of the Division of Water Quality c/o the 401 Oversight Express
Permitting Unit, or its successor. The Director's decision is subject to review as provided in G.S.
150B Articles 3 and 4.
(c) Major Variances
A major variance request pertains to activities that will impact any portion of Zone One or any portion
of both Zones One and Two of the riparian buffer. If Rockingham County has determined that a
major variance request meets the requirements in Section 9.(B)(3), then it shall prepare a preliminary
finding and submit it to the NC Environmental Management Commission c/o the Division of Water
Quality, 401 Oversight Express Permitting Unit, or its successor, for approval. Within 90 days after
receipt by Rockingham County, the Commission shall review preliminary findings on major variance
requests and take one of the following actions: approve, approve with conditions and stipulations, or
deny the request. Appeals from a Commission decision on a major variance request are made on
judicial review to Superior Court.
(d) Variance Application
The applicant shall submit the following information in support of their variance request.
(1) The name, address and phone number of the applicant;
(2) The nature of the activity to be conducted by the applicant;
(3) The location of the activity, including the jurisdiction;
(4) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in
carrying out the activity, the location and dimensions of any disturbance in riparian buffers
associated with the activity, and the extent of riparian buffers on the land;
(5) An explanation of why this plan for the activity cannot be practically accomplished, reduced or
reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat
and protect water quality; and
(6) Plans for any best management practices proposed to be used to control the impacts associated
with the activity.
(7) Other information (i.e. information requested by Staff, unique physical nature of applicant's
property, deed restrictions, etc.)
Sec. 42.03.093 Mitigation
(a) This item shall apply to persons who wish to impact a riparian buffer in the Jordan watershed when a
person has received a variance pursuant to Section 9.(B) of this Ordinance and is required to perform
mitigation as a condition of a variance approval.
(b) Issuance of the Mitigation Approval
(1) The County shall issue a mitigation approval upon determining that a proposal meets the
requirements set out in this Ordinance. The approval shall identify at a minimum the option
chosen, the required and proposed areas, and either the mitigation location or the offset payment
amount as applicable.
(c) Options for Meeting the Mitigation Requirement

(1) The mitigation requirement may be met through one of the following options:
(2) Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to
15A NCAC 02B .0269 (Jordan Water Supply Nutrient Strategy: Riparian Buffer Mitigation Fees to
the NC Ecosystem Enhancement Program) contingent upon acceptance of payments by the NC
Ecosystem Enhancement Program, or to a private mitigation bank that complies with banking
requirements of the US Army Corps of Engineers, P.O. Box 1890, Wilmington, NC, 28402-1890,
and the applicable trading criteria in Rule 15A NCAC 02B .0273;
(3) Restoration or enhancement of a non -forested riparian buffer pursuant to the requirements of
Section 9.(C)(6) of this Ordinance.
(d) The Area of Mitigation
(1) The County shall determine the required area of mitigation, which shall apply to all mitigation
options identified in Section 9.(C)(3) of this Ordinance and as further specified in the
requirements for each option set out in this Section, according to the following:
a. The impacts in square feet to each zone of the riparian buffer shall be determined by the
County by adding the following:
b. The area of the footprint of the use causing the impact to the riparian buffer;
c. The area of the boundary of any clearing and grading activities within the riparian buffer
necessary to accommodate the use; and
d. The area of any ongoing maintenance corridors within the riparian buffer associated with
the use.
(2) The required area of mitigation shall be determined by applying the following multipliers to the
impacts determined in Section 9(4)(a) of this Ordinance to each zone of the riparian buffer:
a. Impacts to Zone One of the riparian buffer shall be multiplied by three;
b. Impacts to Zone Two of the riparian buffer shall be multiplied by one and one-half; and
c. Impacts to wetlands within Zones One and Two of the riparian buffer that are subject to
mitigation under 15A NCAC 2H .0506 shall comply with the mitigation ratios in 15A NCAC
2H .0506.
(e) The Location of Mitigation
(1) For any option chosen, the mitigation effort shall be located within the same sub watershed of the
Jordan watershed, as defined in 15A NCAC 02B.0262, and the same distance from the Jordan
Reservoir as the proposed impact, or closer to the Reservoir than the impact, and as close to the
location of the impact as feasible. Alternatively, the applicant may propose mitigation anywhere
within the same sub watershed of the Jordan watershed, as defined in 15A NCAC 02B.0262,
provided that the mitigation proposal accounts for differences in delivery of nutrients to the
affected arm of Jordan Reservoir resulting from differences between the locations of the buffer
impact and mitigation
(f) Riparian Buffer Restoration or Enhancement
Persons who choose to meet their mitigation requirement through riparian buffer restoration or
enhancement shall meet the following requirements:
(1) The applicant may restore or enhance a non -forested riparian buffer if either of the following
applies:
a.The area of riparian buffer restoration is equal to the required area of mitigation determined
pursuant to Section 9.(C)(4) of this Ordinance; or
b.The area of riparian buffer enhancement is three times larger than the required area of
mitigation determined pursuant to Section 9.(C)(4) of this Ordinance;
(2) The location of the riparian buffer restoration or enhancement shall comply with the requirements
in Section 9.(C)(5) of this Ordinance;
(3) The riparian buffer restoration or enhancement site shall have a minimum width of 50 feet as
measured horizontally on a line perpendicular to the surface water;

(4) Enhancement and restoration shall both have the objective of establishing a forested riparian
buffer according to the requirements of this Item. Enhancement shall be distinguished from
restoration based on existing buffer conditions. Where existing trees are sparse, that is greater
than or equal to 100 trees per acre but less than 200 trees per acre, a buffer may be enhanced.
Where existing woody vegetation is absent, that is less than 100 trees per acre, a buffer may be
restored;
(5) If the applicant is required to perform mitigation as a condition of a variance approval, the
applicant shall submit a restoration or enhancement plan for approval by the County. The
restoration or enhancement plan shall contain the following:
a. A map of the proposed restoration or enhancement site;
b. A vegetation plan. The vegetation plan shall include a minimum of at least two native
hardwood tree species planted at a density sufficient to provide 320 trees per acre at
maturity;
c. A grading plan. The site shall be graded in a manner to ensure diffuse flow through the
riparian buffer;
d. A fertilization plan; and
e. A schedule for implementation;
(6) Within one year after the restoration or enhancement plan has been approved, the applicant shall
present proof to Rockingham County that the riparian buffer has been restored or enhanced. If
proof is not presented within this timeframe, then the person shall be in violation of both the
State's and the Rockingham County riparian buffer protection program;
(7) The mitigation area shall be placed under a perpetual conservation easement that will provide for
protection of the property's nutrient removal functions; and
(8) The applicant shall submit annual reports for a period of five years after the restoration or
enhancement showing that the trees planted have survived and that diffuse flow through the
riparian buffer has been maintained. The applicant shall replace trees that do not survive and
restore diffuse flow if needed during that five-year period.
Sec. 42.03.10. Compliance and Enforcement:
Sec. 42.03.101 Site Inspections
(a) Agents, officials, or other qualified persons authorized by Rockingham County may periodically
inspect riparian buffers to ensure compliance with this ordinance.
(b) Notice of the right to inspect shall be included in the letter of approval of each variance.
(c) Authority to Enter Property and Conduct Investigations and Inspections
(1) Authorized agents, officials or other qualified persons shall have the authority, upon presentation
of proper credentials, to enter and inspect at reasonable times any property, public or private, for
the purpose of investigating and inspecting the site of any riparian buffer. No person shall willfully
resist, delay, or obstruct an authorized representative, employee, or agent of Rockingham
County, while that person inspects or attempts to inspect a riparian buffer nor shall any person
obstruct, hamper or interfere with any such representative while in the process of carrying out
their official duties. Rockingham County shall have the power to conduct such investigations as
deemed reasonably necessary to carry out the duties as prescribed in this Ordinance.
(d) Power to Require Statements
(1) Rockingham County shall also have the power to require written statements, or the filing of
reports under oath, with respect to pertinent questions relating to land -disturbing activities.
Sec. 42.03.102 Compliance with Requirements
Any person engaged in new activities as defined by this Ordinance who fails to meet the requirements of
this Ordinance shall be deemed in violation of this Ordinance.

Sec. 42.03.103 Appeals, Judicial Review, Notice of Violation, Penalties, and Remedies
Appeals, judicial review, penalties, and remedies for the Riparian Buffer Protection Ordinance will be
handled in accordance with Chapter 2, Articles XIV, XV, and XVI of the Zoning Ordinance.
Sec. 42.03.11. Severability
If any one or more sections or portions thereof of this Ordinance are held to be invalid or unenforceable,
all other sections and portions thereof shall nevertheless continue in full force and effect.
Sec. 42.03.12. Effective Date
This Ordinance will become effective upon approval by the NC Environmental Management Commission
and adoption by the Rockingham County Board of Commissioners.
Sec. 42.03.13. Revisions to this Ordinance
Rockingham County shall review any revisions to the Riparian Buffer Protection Ordinance made by the
Environmental Management Commission and, within 60 days of receipt of the recommended revisions,
submit draft amendments to the Commission for its consideration and comments. Within 90 days after
receipt of the Commissions' comments, Rockingham County will incorporate amendments into this
ordinance.
Sec. 42.03.14. Definitions
For the purpose of this Ordinance, these terms shall be defined as follows:
Access Trails means pedestrian trails constructed of pervious or impervious surfaces and related
structures to access a surface water, including boardwalks, steps, rails, and signage.
Channel means a natural water -carrying trough cut vertically into low areas of the land surface by erosive
action of concentrated flowing water or a ditch or canal excavated for the flow of water.
County means Rockingham County, North Carolina. Where this ordinance refers to any territory, land
area or property within the "county", the term "county" shall include unincorporated areas within the
jurisdiction of Rockingham County, North Carolina. Where appropriate, the term shall also include any
personnel or agent of Rockingham County.
DBH means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
Development means the same as defined in Rule 15A NCAC 2B .0202(23).
Ditch or canal means a man-made channel other than a modified natural stream constructed for drainage
purposes that is typically dug through interstream divide areas. A ditch or canal may have flows that are
perennial, intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to
perennial or intermittent streams.
Ephemeral stream means a feature that carries only stormwater in direct response to precipitation with
water flowing only during and shortly after large precipitation events. An ephemeral stream may or may
not have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff
is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and
physical characteristics commonly associated with the continuous or intermittent conveyance of water.
Existing development means development, other than that associated with agricultural or forest
management activities, that meets one of the following criteria:
1.It either is built or has established a vested right based on statutory or common law as interpreted
by the courts, for projects that do not require a state permit, as of the effective date of either local
new development stormwater programs implemented under Rule 15A NCAC 2B .0265 (Jordan
Water Supply Nutrient Strategy: Stormwater Management for New Development) or, for projects
requiring a state permit, as of the applicable compliance date established in Rule 15A NCAC 2B
.0271 (Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development),
Items (5) and (6); or
2.It occurs after the compliance date set out in Sub -Item (4)(d) of Rule .0265 (Jordan Water Supply
Nutrient Strategy: Stormwater Management for New Development) but does not result in a net
increase in built -upon area.

Intermittent stream means a well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The flow may be heavily
supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological
characteristics commonly associated with the continuous conveyance of water.
Jordan nutrient strategy or Jordan water supply nutrient strategy means the set of Rules 15A NCAC 2B
.0262 through .0273 and .0311(p).
Jordan Reservoir means the surface water impoundment operated by the US Army Corps of Engineers
and named B. Everett Jordan Reservoir, as further delineated for purposes of the Jordan nutrient strategy
in Rule 15A NCAC 2B .0262(4).
Jordan watershed means all lands and waters draining to B. Everett Jordan Reservoir.
New Development means any development project that does not meet the definition of existing
development set out in this Ordinance.
Perennial stream means a well-defined channel that contains water year round during a year of normal
rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the
primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream
exhibits the typical biological, hydrological, and physical characteristics commonly associated with the
continuous conveyance of water.
Perennial waterbody means a natural or man-made basin, including lakes, ponds, and reservoirs, that
stores surface water permanently at depths sufficient to preclude growth of rooted plants. For the
purpose of the State's riparian buffer protection program, the waterbody must be part of a natural
drainage way (i.e., connected by surface flow to a stream).
Perpendicular crossing means any crossing that intersects the surface water at an angle between 75
degrees and 105 degrees.
Stream means a body of concentrated flowing water in a natural low area or natural channel on the land
surface.
Surface waters means all waters of the state as defined in G.S. 143-212 except underground waters
Tree means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding
six inches.
Temporary road means a road constructed temporarily for equipment access to build or replace hydraulic
conveyance structures such as bridges, culverts, pipes or water dependent structures, or to maintain
public traffic during construction.
Sec. 42.03.15 APPENDIX A Table of Exempt Uses
Use
Access trails: Pedestrian access trails, leading to the surface water, docks, fishing piers, boat
ramps and other water dependent activities, are restricted to the minimum width practicable and
do not exceed 4 feet in width of buffer disturbance, and provided that installation and use does
not result in removal of trees as defined in this Ordinance and no impervious surface is added to
the riparian buffer
Archaeological activities
Canoe Access provided that installation and use does not result in removal of trees as defined
in this Ordinance and no impervious surface is added to the buffer.
Dam maintenance activities that do not cause additional buffer disturbance beyond the
footprint of the existing dam or those covered under the U.S. Army Corps of Engineers
Nationwide Permit No. 3

Drainage ditches, roadside ditches and stormwater conveyances through riparian buffers:
New stormwater flows to existing drainage ditches, roadside ditches, and stormwater
conveyances provided flows do not alter or result in the need to alter the conveyance and are
manage to minimize the sediment, nutrients and other pollution that convey to waterbodies.
Drainage of a pond in a natural drainage way provided that a new riparian buffer that meets
the requirements of Items (7) and (8) of this Rule is established adjacent to the new channel
Driveway crossings of streams and other surface waters on single family residential lots
subject to this Ordinance that disturb equal to or less than 25 linear feet or 2,500 square feet of
riparian buffer
Fertilizer application: one-time application to establish vegetation
Historic preservation
Mining activities: Wastewater or mining dewatering wells with approved NPDES permit
Railroad crossings of streams and other surface waters subject to this Ordinance where
impact is equal to or less than 40 linear feet of riparian buffer
Removal of previous fill or debris provided that diffuse flow is maintained and vegetation is
restored
Road crossings of streams and other surface waters subject to this Ordinance where impact
is equal to or less than 40 linear feet of riparian buffer
Scientific studies and stream gauging
Temporary roads with less than or equal to 2,500 square feet of buffer disturbance,
provided that the disturbed area is restored to pre -construction topographic and hydrologic
conditions immediate after construction is complete and replanted immediately with comparable
vegetation except that tree planting may occur during the dormant season. A one time
application of fertilizer may be used to establish vegetation. The applicant shall submit annual
reports for a period of five years after the restoration showing that the trees planted have
survived and that the diffused flow through the riparian buffer has been maintained. The
applicant shall replace trees that do not survive and restore diffuse flow if needed during the five-
year period.
Use
Temporary in -stream temporary erosion and sediment control measures for work within a
stream channel that is authorized under Sections 401 and 404 of the Federal Water Pollution
Control Act, provided that the disturbed area is restored to preconstruction topographic and
hydrologic conditions immediately after construction is complete and replanted immediately with
comparable vegetation, except that tree planting may occur during the dormant season. A one-
time application of fertilizer may be used to establish vegetation.

Utility, electric, aerial, perpendicular crossing of streams and other surface waters subject
to this ordinance that disturb equal to or less than 150 feet of linear feet of riparian buffer
Provided that all of the following BMPs for overhead utility lines are used. A minimum zone of 10
feet wide immediately adjacent to the water body shall be managed such that only vegetation that
poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps
shall remain where trees are cut.
Riprap shall not be used unless it is necessary to stabilize a tower.
No fertilizer shall be used other than a one-time application to re-establish vegetation.
Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to
ensure diffuse flow of stormwater through the buffer.
In wetlands, mats shall be utilized to minimize soil disturbance.
Poles or aerial infrastructure shall not be installed within 10 feet of a water body.
Utility, electric, underground, perpendicular crossings that disturb less than or equal to 40
linear feet of riparian buffer:
Provided that all of the following BMPs for underground utility lines are used. Woody vegetation
shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps
shall remain, except in the trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cabl
installation.
No fertilizer shall be used other than a one-time application to re-establish vegetation.
Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine
maintenance to ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
• Poles or aerial infrastructure shall not be installed within 10 feet of a water body.

Use
Utility, electric, underground, other than perpendicular crossings:
Provided that:
• No heavy equipment is used.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.
• No permanent felling of trees occurs in protected buffers or streams.
• Stumps are removed only by grinding.
• At the completion of the project the disturbed area is stabilized with native vegetation.
• The requirements of Sections 7.(D) and 7.(E) can be met.
And provided that all of the following BMPs for underground utility lines are used. Woody
vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps
shall remain, except in the trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cabl
installation.
No fertilizer shall be used other than a one-time application to re-establish vegetation.
Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine maintenanc
to ensure diffuse flow of stormwater through the buffer.
In wetlands, mats shall be utilized to minimize soil disturbance.
Utility, non -electric, perpendicular crossings of streams and other surface waters subject t
this Ordinance that disturb equal to or less than 40 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet in width:
Provided that, all of the following BMPs for underground utility lines are used. Woody vegetation
shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps
shall remain, except in the trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cabl
installation.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
Measures shall be taken upon completion of construction and during routine maintenanc
to ensure diffuse flow of stormwater through the buffer.
In wetlands, mats shall be utilized to minimize soil disturbance.
Poles or aerial infrastructure shall not be installed within 10 feet of a water body.

Use
Vegetation management:
• Emergency fire control measures provided that topography is restored
• Planting vegetation to enhance the riparian buffer
• Pruning forest vegetation provided that the health and function of the forest vegetation is
not compromised
• Removal of individual trees that are in danger of causing damage to dwellings, other
structures or human life, or are imminently endangering stability of the streambank.
• Removal of individual trees which are dead, diseased or damaged.
• Removal of poison ivy
• Removal of invasive exotic vegetation as defined in:
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of Environment and Natural Resources.
Division of Parks and Recreation. Raleigh, NC. Guideline #30
Wetland, stream and buffer restoration that results in impacts to the riparian buffers:
L Wetland, stream and buffer restoration that requires NC Division of Water Quality approval for
the use of a 401 Water Quality Certification