20210224 Ver 1_15A NCAC 02B .0714_20220314

15A NCAC 02B
The following is
River Basin.
(1)
(2)
(3)
.0714 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN
BUFFERS
the management strategy for maintaining and protecting existing riparian buffers in the Neuse
PURPOSE. The purpose of this Rule shall be to maintain and protect existing riparian buffers in
the Neuse River Basin, including the Falls of the Neuse Reservoir watershed, to maintain their
nutrient removal functions. Terms used in this Rule shall be as defined in Rule .0610 of this
Subchapter.
APPLICABILITY. This Rule applies to all landowners and other persons including local
governments, state and federal entities conducting activities within the riparian buffers as
described in Item (3) of this Rule in the Neuse River Basin, including the Falls of the Neuse
Reservoir watershed.
BUFFERS PROTECTED. The following minimum criteria shall be used for identifying regulated
riparian buffers:
(a) A surface water shall be subject to this Rule if the feature is approximately shown on any
of the following references:
(i) The most recent version of the published manuscript of the soil survey map that
shows stream layers prepared by the Natural Resources Conservation Service of
the United States Department of Agriculture;
(ii) The United States Geologic Survey's (USGS) National Map, available online at:
https://www.usgs. gov/core-science-systems/national-geospatial-
program/national-map; or
(iii) Other maps approved by the Environmental Management Commission as more
accurate than those identified in Sub -Item (3)(a)(i) and (3)(a)(ii) of this Rule.
Other maps shall use a hydrography dataset developed using hydrography
specifications and standard metadata approved by the Geographic Information
Coordinating Council (GICC) and maintained on a GICC list of the best
available hydrography. Edits, deletions and additions to the hydrography dataset
shall follow GICC approved standards and specifications, per stewardship
governance. Other maps shall have their hydrography dataset and procedures for
edits, deletions and additions reviewed and approved by the GICC. Other maps
shall be submitted to the Division for review and recommendation to the
Environmental Management Commission. Prior to recommendation to the
Environmental Management Commission, the Division shall issue a 30-calendar
day public notice through the Division's Mailing List in accordance with 15A
NCAC 02H .0503. Division staff shall present recommendations including
comments received during the public notice period to the Environmental
Management Commission for a final decision. Maps approved under this Sub -
Item shall not apply to projects that are existing and ongoing within the meaning
of this Rule as set out in Item (6) of this Rule;
(b) This Rule shall apply to activities conducted within 50-foot wide riparian buffers directly
adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial
streams, lakes, ponds, reservoirs and estuaries), excluding wetlands;
(c) 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 15A NCAC 02H
.0506;
(d) Stormwater runoff from activities conducted outside the riparian buffer shall comply with
Item (9) of this Rule;
Riparian buffers protected by this Rule shall be measured pursuant to Item (8) of this
Rule;
A riparian buffer may be exempt from this Rule as described in Items (5), (6) and (7) of
this Rule; and
No new clearing, grading or development shall take place nor shall any new building
permits be issued in violation of this Rule.
(e)
(fl
(g)

(4) ON -SITE DETERMINATION. When a landowner or other affected party believes that the maps
listed in Sub -Item (3)(a) of this Rule have inaccurately depicted surface waters or the specific
origination point of a stream, or the specific origination point of a stream is in question or unclear,
he or she shall request the Authority to make an on -site determination. On -site determinations
shall be made by Authority staff that are certified pursuant to G.S. 143-214.25A. Registered
Foresters under Chapter 89B of the General Statutes who are employees of the North Carolina
Forest Service of the Department of Agriculture and Consumer Services can make on -site
determinations for forest harvesting operations and practices. On -site determinations shall expire
five years from the date of the determination. Any disputes over on -site determinations shall be
referred to the Director in writing within 60 calendar days of written notification from the
Authority. The Director's determination is subject to review as provided in G.S. 150B.
(5) EXEMPTION BASED ON ON -SITE DETERMINATION. Surface waters that appear on the
maps listed in Sub -Item (3)(a) of this Rule shall not be subject to this Rule if an on -site
determination shows that they fall into one of the following categories:
(a) Ditches and manmade conveyances other than modified natural streams unless
constructed for navigation or boat access.
(b) Manmade ponds and lakes that are not fed by an intermittent or perennial stream or do
not have a direct discharge point to an intermittent or perennial stream.
(c) Ephemeral streams.
(d) The absence on the ground of a corresponding perennial waterbody, intermittent
waterbody, lake, pond or estuary.
(6) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not
apply to portions of the riparian buffer where a use is existing and ongoing.
(a) A use shall be considered existing if:
(i) It was present within the riparian buffer as of July 22, 1997 and has continued to
exist since that time; or
(ii) It was a deemed allowable activity as listed in Item (11) of this Rule; or
(iii) It was conducted and maintained pursuant to an Authorization Certificate or
Variance issued by the Authority.
(b) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings,
industrial facilities, commercial areas, transportation facilities, maintained lawns (i.e. can
be mowed without a chainsaw or bush -hog), existing utility line maintenance corridors
and on -site sanitary sewage systems, any of which involve either specific periodic
management of vegetation or displacement of vegetation by structures or regular activity.
(c) Only the portion of the riparian buffer that contains the footprint of the existing and
ongoing use is exempt from this Rule.
(d) Change of ownership through purchase or inheritance is not a change of use.
(e) Activities necessary to maintain existing and ongoing uses are allowed provided that the
site remains similarly vegetated, no built upon area is added within the riparian buffer
where it did not exist prior to July 22, 1997, and the site is in compliance with Item (9) of
this Rule.
(f) This Rule shall apply at the time an existing and ongoing use is changed to another use.
Change of use shall involve the initiation of any activity not defined as existing and
ongoing in Sub -Items (6)(a) through (6)(e) of this Rule.
(7) EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL
PURPOSES. This Rule shall not apply to a freshwater pond if all of the following conditions are
met:
(a) The property on which the pond is located is used for agriculture as that term is defined
in G.S. 106-581.1.
(b) Except for this Rule, the use of the property is in compliance with all other water quality
and water quantity statutes and rules applicable to the property before July 22, 1997.
(c) The pond is not a component of an animal waste management system as defined in G.S.
143-215.10B (3).
ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as
follows:
(8)

(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in
Items (9) and (11) of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward
limit of the top of bank or the rooted herbaceous vegetation and extend landward
a distance of 30 feet on all sides of the stream, measured horizontally on a line
perpendicular to the stream (where an intermittent or perennial stream begins or
ends, including when it goes underground, enters or exits a culvert, or enters or
exits a wetland, the required distance shall be measured as a radius around the
beginning or the end).
(ii) For ponds, lakes and reservoirs subject to this Rule, Zone 1 shall begin at the
normal water level and extend landward a distance of 30 feet, measured
horizontally on a line perpendicular to the surface water.
(iii) For surface waters within the 20 Coastal Counties (defined in Rule .0202 of this
Subchapter) and within the jurisdiction of the Division of Coastal Management,
Zone 1 shall begin at the most landward limit of the normal high water level or
the normal water level and extend landward a distance of 30 feet, measured
horizontally on a line perpendicular to the surface water, whichever is more
restrictive.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities
and uses provided for in Items (9) and (11) of this Rule. Grading and revegetating Zone 2
is allowed provided that the health of the vegetation in Zone 1 is not compromised. Zone
2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured
horizontally on a line perpendicular to the surface water. The combined width of Zones 1
and 2 shall be 50 feet on all sides of the surface water.
STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER. Stormwater runoff into the
riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise
described in this Item. Drainage conveyances include drainage ditches, roadside ditches, and
stormwater conveyances. The following stormwater conveyances through the riparian buffer are
either deemed allowable or allowable upon authorization, as defined in Sub -Item (10)(a) of this
Rule, provided that they do not erode through the riparian buffer and do not cause erosion to the
receiving waterbody. Stormwater conveyances through the riparian buffer that are not listed below
shall be allowable with exception as defined in Sub -Item (10)(a)(v) of this Rule.
(a) The following are deemed allowable as defined in Sub -Item (10)(a)(i) of this rule:
(i) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H
.1002, when the Primary SCM is designed to treat the drainage area to the
conveyance and that comply with a stormwater management plan reviewed and
approved under a state stormwater program or a state -approved local
government stormwater program; and
(ii) New stormwater flow to existing drainage conveyances provided that the
addition of new flow does not result in the need to alter the conveyance.
(b) The following are allowable upon authorization as defined in Sub -Item (10)(a)(ii) of this
Rule:
(i) New drainage conveyances from a Primary SCM as defined in 15A NCAC 02H
.1002 when the Primary SCM is provided to treat the drainage area to the
conveyance but are not required to be approved under a state stormwater
program or a state -approved local government stormwater program;
(ii) New drainage conveyances when the drainage area to the conveyance is
demonstrated via approved nutrient calculation methodologies to meet the
nutrient loading goal of 3.6 pounds per acre per year of Nitrogen (N) outside of
the Falls of the Neuse Reservoir Watershed. Within the Falls of the Neuse
Reservoir Watershed, new drainage conveyances when the drainage area to the
conveyance is demonstrated via approved nutrient calculation methodologies to
meet the nutrient loading goal of 2.2 pounds per acre per year of Nitrogen (N)
and 0.33 pounds per acre per year of Phosphorus (P);
(iii) New drainage conveyances when the flow rate of the conveyance is less than 0.5
cubic feet per second during the peak flow from the 0.75 inch per hour storm;

(iv) New stormwater runoff that has been treated through a level spreader -filter strip
that complies with 15A NCAC 02H .1059;
(v) Realignment of existing drainage conveyances applicable to publicly funded and
maintained linear transportation facilities when retaining or improving the
design dimensions provided that no additional travel lanes are added and the
minimum required roadway typical section is used based on traffic and safety
considerations;
(vi) Realignment of existing drainage conveyances retaining or improving the design
dimensions provided that the size of the drainage area and the percent built -upon
area within the drainage area remain the same;
(vii) New or altered drainage conveyances applicable to publicly funded and
maintained linear transportation facilities provided that SCMs, or BMPs from
the NCDOT Stormwater Best Management Practices Toolbox, are employed;
(viii) New drainage conveyances applicable to publicly funded and maintained linear
transportation facilities that do not provide a stormwater management facility
due to topography constraints provided other measures are employed to protect
downstream water quality to the maximum extent practical; and
(ix) New drainage conveyances where the drainage area to the conveyance has no
new built -upon area as defined in 15A NCAC 02H .1002 and the conveyance is
necessary for bypass of existing drainage only.
(10) USES. Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on
the riparian buffer, shall be designated as deemed allowable, allowable upon authorization,
allowable with mitigation upon authorization, allowable with exception or prohibited.
(a) Potential new uses shall have the following requirements:
(i) DEEMED ALLOWABLE. Uses designated as deemed allowable in Sub -Item
(9)(a) and Item (11) of this Rule may occur within the riparian buffer. Deemed
allowable uses shall be designed, constructed and maintained to minimize
vegetation and soil disturbance and to provide the maximum water quality
protection practicable, including construction, monitoring, and maintenance
activities. In addition, deemed allowable uses shall meet the requirements listed
in Item (11) of this Rule for the specific use.
(ii) ALLOWABLE UPON AUTHORIZATION. Uses designated as allowable upon
authorization in Sub -Item (9)(b) and Item (11) of this Rule require a written
Authorization Certificate from the Authority for impacts within the riparian
buffer pursuant to Rule .0611 of this Subchapter.
(iii) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION. Uses
designated as allowable with mitigation upon authorization in Item (11) of this
Rule require a written Authorization Certificate from the Authority for impacts
within the riparian buffer pursuant to Rule .0611 of this Subchapter and an
appropriate mitigation strategy that has received written approval pursuant to
Item (12) of this Rule.
(iv) PROHIBITED. Uses designated as prohibited in Item (11) of this Rule may not
proceed within the riparian buffer unless a Variance is granted pursuant to Rule
.0226 of this Subchapter. Mitigation may be required as a condition of variance
approval.
(v) ALLOWABLE WITH EXCEPTION. Uses not designated as deemed allowable,
allowable upon authorization, allowable with mitigation upon authorization or
prohibited in Item (11) of this Rule require a written Authorization Certificate
with Exception from the Authority for impacts within the riparian buffer
pursuant to Rule .0611 of this Subchapter and an appropriate mitigation strategy
that has received written approval pursuant to (12) of this Rule.
(11) TABLE OF USES. The following table sets out potential new uses within the riparian buffer, or
outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as
deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or
prohibited:

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(a) Airport facilities:
(i) Vegetation removal activities necessary to
comply with Federal Aviation Administration
requirements (e.g. line of sight requirements)
provided the disturbed areas are stabilized and
revegetated
(ii) Airport facilities that impact equal to or less
than one-third of an acre of riparian buffer
(iii) Airport facilities that impact greater than one-
third of an acre of riparian buffer
X
X
X
(b) Archaeological activities
X
(c) Bridges:
(i) Impact equal to or less than one -tenth of an acre
of riparian buffer
(ii) Impact greater than one -tenth of an acre of
riparian buffer
X
X
(d) Dam maintenance activities:
X
X
(i) Dam maintenance activities that do not cause
additional riparian buffer disturbance beyond
the footprint of the existing dam
(ii) Dam maintenance activities that do cause
additional riparian buffer disturbance beyond
the footprint of the existing dam
(e) Drainage of a pond subject to Item (3) of this Rule
provided that a new riparian buffer is established by
natural regeneration or planting, within 50 feet of any
stream which naturally forms or is constructed within
the drained pond area. Drained ponds shall be
allowed to naturalize for a minimum of six months
X
from completion of the draining activity before a
stream determination is conducted pursuant to Item
(4) of this Rule
(f) Fences:
(i) Fencing livestock out of surface waters
(ii) Installation does not result in removal of trees
from Zone 1
(iii) Installation results in removal of trees from
Zone 1
X
X
X
(g) Fertilizer application:
(i) One-time fertilizer application at agronomic
rates in the riparian buffer to establish replanted
vegetation. No runoff from this one-time
application in the riparian buffer is allowed in
the surface water
(ii) Ongoing fertilizer application
X
X
(h) Forest harvesting - see Rule .0612 of this Subchapter
(i) Grading only in Zone 2 provided that the health of
existing vegetation in Zone 1 is not compromised,
Item (9) of this Rule is complied with, and disturbed
areas are stabilized and revegetated
X

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(j) Greenways, trails, sidewalks or linear
pedestrian/bicycle transportation systems:
(i) In Zone 2 provided that no built upon area is
added within the riparian buffer
(ii) In Zone 1 provided that no built upon area is
added within the riparian buffer and the
installation does not result in the removal of
tree(s)
(iii) When built upon area is added to the riparian
buffer, equal to or less than 10 feet wide with
two foot wide shoulders. Shall be located
outside Zone 1 unless there is no practical
alternative
(iv) When built upon area is added to the riparian
buffer, greater than 10 feet wide with two foot
wide shoulders. Shall be located outside Zone 1
unless there is no practical alternative
X
X
X
X
(k) Historic preservation
X
(1) New Landfills as defined by G.S. 130A-290
X
(m) Maintenance access on modified natural streams or
canals: a grassed travelway on one side of the
waterbody when less impacting alternatives are not
practical. The width and specifications of the travel
way shall be only that needed for equipment access
and operation. The travelway shall be located to
maximize stream shading
X
(n) Mining activities:
(i) Mining activities that are covered by the
Mining Act provided that new riparian buffers
that meet the requirements of Items (8) and (9)
of this Rule are established adjacent to any
relocated channels
(ii) Mining activities that are not covered by the
Mining Act OR where new riparian buffers that
meet the requirements of Items (8) and (9) of
this Rule are not established
(iii) Wastewater or mining dewatering wells with
X
X
X
approved NPDES permit
(o) On -site sanitary sewage systems - new ones that use
ground absorption
X
(p) Pedestrian access trail and associated steps leading to
a surface water, dock, canoe or kayak access, fishing
pier, boat ramp or other water dependent structure:
(i) Equal to or less than six feet wide that does not
result in the removal of tree(s) within the
riparian buffer and does not result in the
addition of built upon area to the riparian buffer
(ii) Equal to or less than six feet wide that results in
the removal of tree(s) or the addition of built
upon area to the riparian buffer
(iii) Greater than six feet wide
X
X
X

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(q) Playground equipment:
(i) Playground equipment on single-family lots
provided that installation and use does not
result in removal of vegetation
(ii) Playground equipment on single-family lots
where installation or use results in the removal
of vegetation
(iii) Playground equipment installed on lands other
than single-family lots
X
X
X
(r) Ponds created or modified by impounding streams
subject to riparian buffers pursuant to Item (3) of this
Rule and not used as stormwater control measures
(SCMs):
(i) New ponds provided that a riparian buffer that
meets the requirements of Items (8) and (9) of
this Rule is established adjacent to the pond
(ii) New ponds where a riparian buffer that meets
the requirements of Items (8) and (9) of this
Rule is NOT established adjacent to the pond
X
X
(s) Protection of existing structures and facilities when
this requires additional disturbance to the riparian
buffer
X
(t) Public Safety - publicly owned spaces where it has
been determined by the head of the local law
enforcement agency with jurisdiction over that area
that the riparian buffers pose a risk to public safety.
The head of the local law enforcement agency shall
notify the local government with land use jurisdiction
over the publicly owned space and the Division of
Water Resources of any such determination in
writing
X
(u) Removal of previous fill or debris provided that Item
(9) of this Rule is complied with and any vegetation
removed is restored
X
(v) Residential Properties: Where application of this
Rule would preclude construction or expansion of a
single-family residence and necessary infrastructure,
the single-family residence may encroach in the
X
buffer if all of the following conditions are met: (1)
the residence is set back the maximum feasible
distance from the top of the bank, rooted herbaceous
vegetation, normal high-water level, or normal water
level, whichever is applicable, on the existing lot; (2)
the residence is designed to minimize encroachment
into the riparian buffer; (3) the residence complies
with Item (9) of this Rule; and (4) if the residence
will be served by an on -site wastewater system, no
part of the septic tank or drainfield may encroach into
the riparian buffer:
(i) The residence or necessary infrastructure only
impact Zone 2

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(ii) The residence or necessary infrastructure
impact Zone 1
(iii) Impacts other than the residence or necessary
infrastructure
X
X
(w) Restoration or enhancement (wetland, stream) as
defined in 33 CFR Part 332 available free of charge
on the internet at:
http://water.epa.gov/lawsregs/guidance/wetlands/wet1
andsmitigation_index. c fm:
(i) Wetland or stream restoration is part of a
compensatory mitigation bank, nutrient offset
bank, or the In Lieu Fee program
(ii) Wetland or stream restoration other than those
listed above
X
X
(x) Road, driveway or railroad - impacts other than
perpendicular crossings of streams and other surface
waters subject to this Rule
X
(y) Road, driveway or railroad - perpendicular crossings
of streams and other surface waters subject to this
Rule
(i) Impact equal to or less than one -tenth of an acre
of riparian buffer
(ii) Impact greater than one -tenth of an acre but
equal to or less than one-third of an acre of
riparian buffer
(iii) Impact greater than one-third of an acre of
riparian buffer
(iv) Driveway crossings in a residential subdivision
that cumulatively impact equal to or less than
one-third of an acre of riparian buffer
(v) Driveway crossings in a residential subdivision
that cumulatively impact greater than one-third
of an acre of riparian buffer
(vi) Farm roads and forest roads that are exempt
from permitting from the U.S. Army Corps of
Engineers per Section 404(f) of the Federal
Clean Water Act
X
X
X
X
X
X
(z) Road relocation of existing private access roads
associated with public road projects where necessary
for public safety:
(i) Less than or equal to 2,500 square feet of
riparian buffer impact
(ii) Greater than 2,500 square feet of riparian buffer
impact
X
X
(aa) Scientific studies and stream gauging
X
(bb) Slatted uncovered decks, including steps and support
posts, which are associated with a dwelling, provided
that it meets the requirements of Items (8) and (9) of
this Rule and:
(i) Installation does not result in removal of
vegetation in Zone 1
X

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(ii) Installation results in removal of vegetation in
Zone 1
X
(cc) Stormwater Control Measure (SCM) as defined in
15A NCAC 02H .1002:
(i) In Zone 2 if Item (9) of this Rule is complied
with
(ii) Installation results in removal of vegetation in
Zone 1
X
X
(dd) Streambank or shoreline stabilization
X
(ee) Temporary roads, provided that the disturbed area is
restored to pre -construction topographic and
hydrologic conditions and replanted with comparable
vegetation within two months of when construction is
complete. Tree planting may occur during the
dormant season. At the end of five years, any
restored wooded riparian buffer shall comply with
the restoration criteria in Rule .0295(i) of this
Subchapter:
(i) Less than or equal to 2,500 square feet of
riparian buffer disturbance
(ii) Greater than 2,500 square feet of riparian buffer
disturbance
(iii) Associated with culvert installation or bridge
construction or replacement
X
X
X
(ff) Temporary sediment and erosion control devices
provided that the disturbed area is restored to
preconstruction topographic and hydrologic
conditions and replanted with comparable vegetation
within two months of when construction is complete.
Tree planting may occur during the dormant season.
At the end of five years, any restored wooded
riparian buffer shall comply with the restoration
criteria in Rule .0295(i) of this Subchapter:
(i) In Zone 2 provided that ground cover is
established within the timeframes required by
the Sedimentation and Erosion Control Act,
vegetation in Zone 1 is not compromised, and
that discharge is released in accordance with
Item (9) of this Rule
(ii) In Zones 1 and 2 to control impacts associated
with uses identified in this Table or uses that
have received an Authorization Certificate with
Exception provided that sediment and erosion
control for upland areas is addressed outside the
riparian buffer
(iii) In -stream temporary erosion and sediment
control measures for work within a stream
channel that is authorized under Sections 401
X
X
X
and 404 of the Federal Clean Water Act

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(gg) Utility Lines - Streambank stabilization for the
protection of publicly owned utility lines (not
including new line installation):
(i) Less than 150 feet of streambank disturbance
(ii) Greater than 150 feet of streambank disturbance
X
X
(hh) Utility — Sewer lines — Sanitary Sewer Overflows:
(i) Emergency sanitary sewer overflow response
activities, provided that the disturbed area
within the riparian buffer outside of the existing
utility line maintenance corridor is the
minimum necessary to respond to the
X
X
emergency overflow, is restored to pre -
construction topographic and hydrologic
conditions, and is replanted with comparable
vegetation (e.g. grass with grass, hardwoods
with hardwoods) within two months of when
disturbance is complete
(ii) Emergency sanitary sewer overflow response
activities that do not meet the listing above. For
any new proposed permanent impacts that are
not a "Deemed Allowable Activity", an
application for an Authorization Certificate
shall be submitted to the Authority no later than
30 calendar days of conclusion of the
emergency response activities
(ii) Utility - Sewer Lines — Vegetation maintenance
activities that remove forest vegetation from existing
sewer utility right of ways (not including new line
installation) outside of the existing utility line
maintenance corridor:
(i) Zone 2 impacts
(ii) Zone 1 impacts: For lines that have not been
maintained, the vegetation can be mowed, cut
or otherwise maintained without disturbance to
the soil structure for a maintenance corridor that
is equal to or less than 30 feet wide
(iii) Zone 1 impacts other than those listed above
X
X
X

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(jj) Utility - Sewer Lines —Replacement/Rehabilitation of
existing sewer lines within, or adjacent to, an existing
right of way but outside of an existing utility line
maintenance corridor provided that comparable
vegetation (e.g. grass with grass, hardwoods with
hardwoods) is allowed to regenerate in disturbed
riparian buffers outside of the permanent
maintenance corridor and riparian buffers outside of
the permanent maintenance corridor are not
maintained:
(i) Permanent maintenance corridor equal to or
less than 30 feet wide provided there is no
grading and/or grubbing within 10 feet of the
top of bank when the sewer line is parallel to
the stream
X
(ii) Grading and/or grubbing within 10 feet of the
top of bank when the sewer line is parallel to
the stream and permanent maintenance corridor
equal to or less than 30 feet wide
(iii) Permanent maintenance corridor greater than 30
feet wide. For impacts other than perpendicular
crossings, mitigation is only required for Zone
1 impacts. For perpendicular crossings that
disturb equal to or less than 40 linear feet, no
mitigation is required. For perpendicular
crossings that disturb greater than 40 linear feet,
mitigation is only required for Zone 1 impacts
X
X
(kk)Utility - Sewer Lines — New Line
Construction/Installation Activities — Perpendicular
crossings of streams and other surface waters subject
to this Rule or perpendicular entry into the riparian
buffer that does not cross a stream or other surface
water subject to this Rule provided that vegetation is
allowed to regenerate in disturbed areas outside of
the permanent maintenance corridor:
(i) Construction corridor of less than or equal to 40
linear feet wide and a permanent maintenance
corridor that is equal to or less than 30 feet
wide
(ii) Construction corridor of greater than 40 linear
feet wide and less than or equal to 150 linear
feet wide and a permanent maintenance
corridor that is equal to or less than 30 feet
wide
(iii) Construction corridor of greater than 150 linear
feet wide and a permanent maintenance
corridor that is equal to or less than 30 feet
wide
X
X
X

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(iv) Permanent maintenance corridor greater than 30
feet wide. For impacts other than perpendicular
crossings, mitigation is only required for Zone
1 impacts. For perpendicular crossings that
disturb equal to or less than 40 linear feet, no
mitigation is required. For perpendicular
crossings that disturb greater than 40 linear feet,
mitigation is only required for Zone 1 impacts
X
(11) Utility - Sewer Lines — New Line
Construction/Installation Activities — Impacts other
than perpendicular crossings provided that vegetation
is allowed to regenerate in disturbed areas outside of
the permanent maintenance corridor:
(i) Zone 2 impacts
(ii) Zone 1 impacts to less than 2,500 square feet
when impacts are solely the result of tying into
an existing utility line and when grubbing or
grading within 10 feet immediately adjacent to
the surface water is avoided
(iii) Zone 1 impacts other than those listed above
X
X
X
(mm) Utility - Non -Sewer Underground Lines —
Vegetation maintenance activities that remove forest
vegetation from existing utility right of ways (not
including new line installation) outside of the
existing utility line maintenance corridor:
(i) Zone 2 impacts
(ii) Zone 1 impacts: For lines that have not been
maintained, the vegetation can be mowed, cut
or otherwise maintained without disturbance to
the soil structure for a maintenance corridor that
is equal to or less than 30 feet wide
(iii) Zone 1 impacts other than those listed above
X
X
X
(nn) Utility — Non -Sewer Underground Lines —
Perpendicular crossings of streams and other surface
waters subject to this Rule or perpendicular entry into
the riparian buffer that does not cross a stream or
other surface water subject to this Rule provided that
vegetation is allowed to regenerate in disturbed areas
outside of the permanent maintenance corridor:
(i) Construction corridor of less than or equal to 50
linear feet wide and a permanent maintenance
corridor that is equal to or less than 30 feet
wide
(ii) Construction corridor of greater than 50 linear
feet wide and less than or equal to 150 linear
feet wide and a permanent maintenance
corridor that is equal to or less than 30 feet
wide
(iii) Construction corridor of greater than 150 linear
feet wide and a permanent maintenance
corridor that is equal to or less than 30 feet
wide
X
X
X

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(iv) Permanent maintenance corridor that is greater
than 30 linear feet wide (mitigation is required
only for Zone 1 impacts)
X
(oo)Utility — Non -Sewer Underground Lines — Impacts
other than perpendicular crossings provided that
vegetation is allowed to regenerate in disturbed areas
outside of the permanent maintenance corridor:
(i) Zone 2 impacts
(ii) Zone 1 impacts to less than 2,500 square feet
when impacts are solely the result of tying into
an existing utility line and when grubbing or
grading within 10 feet immediately adjacent to
the surface water is avoided
(iii) Zone 1 impacts other than those listed above
X
X
X
(pp) Utilities — Non -sewer aerial lines - Perpendicular
crossings of streams and other surface waters subject
to this Rule or perpendicular entry into the riparian
buffer that does not cross a stream or other surface
water subject to this Rule:
(i) Disturb equal to or less than 150 linear feet
wide of riparian buffer provided that a
minimum zone of 10 feet wide immediately
X
X
adjacent to the waterbody is managed such that
only vegetation that poses a hazard or has the
potential to grow tall enough to interfere with
the line is removed, that no land grubbing or
grading is conducted in Zone 1, and that poles
or aerial infrastructure are not installed within
10 feet of a waterbody
(ii) Disturb greater than 150 linear feet wide of
riparian buffer
(qq) Utilities — Non -sewer aerial lines - Impacts other than
perpendicular crossings of streams and other surface
waters subject to this Rule or perpendicular entry into
the riparian buffer that does not cross a stream or
other surface water subject to this Rule:
(i) Impacts in Zone 2 only
(ii) Impacts in Zone 1 provided that a minimum
zone of 10 feet wide immediately adjacent to
the waterbody is managed such that only
vegetation that poses a hazard or has the
potential to grow tall enough to interfere with
the line is removed, that no land grubbing or
grading is conducted in Zone 1, and that poles
or aerial infrastructure are not installed within
10 feet of a waterbody
X
X
(rr) Vegetation management:
(i) Emergency fire control measures provided that
topography is restored
(ii) Periodic mowing and harvesting of plant
products only in Zone 2
X
X

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(iii) Placement of mulch ring around restoration
plantings for a period of five years from the
date of planting
(iv) Planting non-invasive vegetation to enhance the
riparian buffer
(v) Pruning forest vegetation provided that the
health and function of the forest vegetation is
not compromised
(vi) Removal of individual trees, branches or limbs
which are in danger of causing damage to
dwellings, existing utility lines, other structures
or human life, or are imminently endangering
X
X
X
X
X
stability of the streambank provided that the
stumps are left or ground in place without
causing additional land disturbance
(vii) Removal of individual trees that are dead,
diseased or damaged
(viii) Removal of poison ivy, oak or sumac. Removal
can include application of pesticides within the
riparian buffer if the pesticides are certified by
EPA for use in or near aquatic sites and are
applied in accordance with the manufacturer's
instructions. If removal is significant, then the
riparian buffer shall be replanted with non-
invasive species
(ix) Removal of understory nuisance vegetation as
defined in: Smith, Cherri L. 2008. Invasive
Plants of North Carolina. Dept. of
Transportation. Raleigh, NC (available at
http://portal.ncdenr.org/c/document_library/get
_
45a78d1 c7ebe&groupld=38364). Removal can
include application of pesticides within the
riparian buffer is the pesticides are certified by
EPA for use in or near aquatic sites and are
applied in accordance with the manufacturer's
instructions. If removal is significant then the
riparian buffer shall be replanted with non-
invasive species
(x) Removal of woody vegetation in Zone 1
provided that Item (9) of this Rule is complied
with
X
X
X
(ss) Vehicle access roads and boat ramps (excluding
parking areas) leading to surface water, docks,
fishing piers, and other water dependent activities:
(i) Single vehicular access road and boat ramp to
the surface water but not crossing the surface
water that are restricted to the minimum width
X
practicable not to exceed 15 feet wide

Deemed
Allowable
Allowable
Upon
Authorization
Allowable with
Mitigation Upon
Authorization
Prohibited
(ii) Vehicular access roads and boat ramps to the
surface water but not crossing the surface water
that are restricted to the minimum width
practicable and exceed 15 feet wide
X
(tt) Water dependent structures (except for boat ramps)
as defined in Rule .0202 of this Subchapter
X
(uu) Water supply reservoirs:
(i) New reservoirs provided that a riparian buffer
that meets the requirements of Items (8) and (9)
of this Rule is established adjacent to the
reservoir
(ii) New reservoirs where a riparian buffer that
meets the requirements of Items (8) and (9) of
this Rule is NOT established adjacent to the
reservoir
X
X
(vv) Water wells
X
(ww) Wildlife passage structures
X
(12) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation upon
authorization as defined in Sub -Item (10)(a)(iii) of this Rule or allowable with exception as
defined in Sub -Item (10)(a)(v) of this Rule shall meet the following requirements in order to
proceed with their proposed use.
(a) Obtain an Authorization Certificate pursuant to Rule .0611 of this Subchapter; and
(b) Obtain written approval for a mitigation proposal pursuant to Rule .0295 of this
Subchapter.
(13) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER
PROGRAMS FOR NITROGEN CONTROL. Local governments that are required to have local
stormwater programs pursuant to Rule .0235 of this Subchapter shall have two options for
ensuring protection of riparian buffers on new developments within their jurisdictions as follows.
(a) Obtain authority to implement a local riparian buffer protection program pursuant to Rule
.0715 of this Section; or:
(b) Refrain from issuing local approvals for new development projects unless either:
(i) The person requesting the approval does not propose to impact the riparian
buffer as described in Item (3) of this Rule; or
(ii) The person requesting the approval proposes to impact the riparian buffer as
described in Item (3) of this Rule and either:
(A) Has received an on -site determination from the Authority pursuant to
Item (4) of this Rule that surface waters are not present in the location
of the proposed impact;
(B) The activity is designated as exempt under this Rule;
(C) Has received an Authorization Certificate from the Authority pursuant
to Rule .0611 of this Subchapter for uses designated as allowable upon
authorization under this Rule;
(D) Has received an Authorization Certificate from the Authority pursuant
to Rule .0611 of this Subchapter and obtained the Authority's approval
on a mitigation plan pursuant to Item (11) of this Rule for uses
designated as allowable with mitigation upon authorization under this
Rule;
(E) Has received an Authorization Certificate with Exception from the
Authority pursuant to Rule .0611 of this Subchapter; or
(F) Has received a Variance pursuant to Rule .0611 of this Subchapter.

(14) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does
not preclude the requirement to comply with all federal, state and local regulations and laws.
History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); S.L. 1995-572; S.L. 2011-394; S.L. 2012-
200; S.L. 2013-413; S.L. 2015-246; S.L. 2017-209;
Temporary Adoption Eff. July 22, 1997;
Temporary Adoption Eff. June 22, 1999; April 22, 1998; January 22, 1998;
Eff. August 1, 2000;
Readopted Eff. June 15, 2020 (The provisions of this Rule were transferred from 15A NCAC 02B
.0233).