TroutWatersFAQ-20220526

Trout Waters (Tr) Classification
Trout waters are defined in the Environmental Management Commission Rule (15A NCAC 2B .0202) as “waters that have conditions that sustain and allow for natural trout propagation and survival and for year-round maintenance of stocked trout. All named and unnamed tributaries to trout waters usually carry the trout waters classification. This classification does not and is not intended
to provide public access to streams for fishing on private and public lands and does not regulate, in any way,
fishing activities (seasons, size limits, creel limits, and bait and lure restrictions) handled by
the NC Wildlife Resources Commission.
Trout Buffer Law
The Sedimentation Pollution Control Act of 1973 requires buffer zones along trout waters.
G.S. 113A-57(1) of this Act says:
“Waters that have been classified as trout waters by the Environmental Management
Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width
to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest
the land-disturbing activity, whichever is greater. Provided, however, that the
Sedimentation Control Commission may approve plans which include land-disturbing
activity along trout waters when the duration of said disturbance is temporary and the
extent of said disturbance would be minimal.”
Why a Trout Buffer?
By law, buffers are required on trout waters regardless of the size of land disturbance. Trees, left undisturbed, provide protection for
waters that support trout populations. Buffers have many benefits, including:
· Capturing pollutants in runoff to keep the water clean.
· Capturing sediment to keep mud out of the water.
· Providing shade to keep waters cool.
· Providing leaves and sticks for aquatic insects, which serve as a food source for fish and other aquatic life.
· Providing logs and branches that serve as habitat and feeding areas for trout and aquatic insects.
· Keeping stream banks stable.
· Preventing erosion.
Trout Buffer Requirements
Division of Energy, Mining, and Land Resources (“DEMLR”) Rule 15A NCAC 04B .0125 specifies the following requirements for
buffer zones for trout waters that must be met:
·The (minimum) 25-foot buffer must be measured horizontally from the top of the bank.
·A land-disturbing activity in the buffer zone adjacent to trout water can be permitted if the duration of the disturbance is
temporary and the extent of the disturbance is minimal. Permission must be received from DEMLR (contact on back).
·To be considered minimal, a land-disturbing activity must meet two conditions. (1) The land-disturbance must be limited to a
maximum of ten percent of the total length of the buffer zone on your property. (2) There must not be more than 100 linear
feet of disturbance in each 1000 linear feet of buffer zone. For example, if there is 750 linear feet of buffer zone on your
property, up to 75 linear feet of that buffer can be disturbed. If there is 1500 linear feet of buffer zone on your property, you
are still limited to 100 linear feet of disturbance in any 1000 linear foot section along the stream. Please check with the
appropriate Regional Office (contact information on back) to verify that the proposed activity is minimal.
·If the disturbance will exceed 10 percent or 100 linear feet in every 1000 linear feet, approval for the disturbance must be
obtained from the Director of the DEMLR. Please submit your trout buffer variance request through the DEMLR Regional Office or his or her designee.(Contact information on back).
·A land-disturbing activity within a buffer zone adjacent to trout water that will cause adverse stream temperature fluctuations,
as set forth in 15A NCAC 2B .0211, is prohibited.
North Carolina Department of Environment Quality
May 26, 2022
One should check with local governments to ensure the land-disturbing activity in the buffer zone is in
compliance with all local requirements.
Frequently Asked Questions About Trout Buffers
Q: Does the Trout water (Tr) classification give the public permission to access private property for fishing or boating?
A: No. Property rights do not change when a stream is classified as trout. This trout classification only protects water quality for trout
to live and survive, and does not provide any access for any reason.
Q: What is a land-disturbing activity?
A: “A land-disturbing activity means any use of the land by any person in residential, industrial, educational, institutional or commercial
development, highway and road construction and maintenance that results in a change in the natural cover or topography and that
may cause or contribute to sedimentation.” (G.S. 113A-52(6))
Q: If my land has a trout stream on it, can I continue to mow the grass up to the stream bank, even though it is within the
trout buffer?
A: In most cases, Yes. For an activity to be considered land-disturbance, it must have the potential to increase soil erosion and
sedimentation. If mowing does not damage the ability of the ground cover to prevent soil erosion, then it is not a land-disturbing
activity. Weed-eating or bush-hogging may result in “scalping” that would result in soil erosion. Minimal land disturbance may take
place as described above in the “Trout Buffer Requirements” section.
Q: Can I trim the vegetation within the trout buffer if it is adjacent to an existing use (house, road, garage)?
A: In most cases, Yes. Trimming of limbs or other vegetation is generally not a land-disturbing activity and therefore is allowed in the
trout buffer. However, removing shade that results in adverse stream temperature fluctuations is prohibited. Minimal land disturbance
may take place as described above in the “Trout Buffer Requirements” section.
Q: Can I cut down existing brush or trees within the trout buffer not associated with any existing structure?
A: Clearing of brush or trees must be limited to the amount that is considered minimal. Minimal land disturbance may take place as
described above in the “Trout Buffer Requirements” section. Ground cover must be maintained to prevent soil erosion.
Q: Can I harvest the timber next to a trout stream on my property?
A: Yes, but forestry activities must adhere to the statewide Forest Practices Guidelines Related to Water Quality noted in Answer #2 of
the question below.
Q: Are there any land disturbing activities that are exempt from the trout buffer requirements?
A: Yes. The Sedimentation Pollution Control Act, which protects trout buffer zones, does not apply to the following types of land-
disturbing activity (G.S. 113A-52.01): 1.An activity, including breeding and grazing of livestock, undertaken on agricultural land for the production of plants and
animals useful to man, including but not limited to: forage and sod crops, grains and feed crops, tobacco, cotton, and
peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, llamas, sheep, swine,
horses, ponies, mules, and goats; bees and apiary products; fur producing products.2.An activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in
accordance with best management practices set out in Forest Practices Guidelines Related to Water Quality, defined in 02 NCAC 60C .0100-.0209, as adopted by the North Carolina Department of Agriculture and Consumer Services (formerly under the North Carolina Department of Environment and Natural Resources). For more details and guidance please visit the NC
Division of Forest Resources website at http://ncforestservice.gov/water_quality/bmp_manual.htm or call your local County
Ranger.3.An activity for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the North Carolina General
Statutes.4.An activity essential to protect human life during an emergency.
Q: If a tree falls into the trout buffer on my property, can I remove it?
A: Yes, with minimal disturbance to the trout buffer.
Q: Can I make repairs to my septic system, paint my house and do other maintenance activities to an existing structure
within the trout buffer?
A: Yes. You can still maintain your house, deck or any other existing structures. In the case of repairs to a septic system, approval by
the local health department is required.
Q: Can I make repairs to roads, driveways or culverts if it is within the trout buffer?
A: Yes, provided that any land-disturbance is temporary and minimal, and does not result in stream sedimentation.
Q: Can I build a new garage or shed in the trout buffer zone?
A: Yes, with a variance approval if necessary. Any land-disturbing activity that is not minimal must obtain a variance from the Regional Office of DEMLR.
Q: If there is already a 30 foot vegetated buffer requirement in place, does the undisturbed trout buffer add another 25 feet to
the existing buffer requirement?
A: No, the widths do not compound. The most restrictive buffer requirement takes precedent, in this example, 30 feet. However, note
that a vegetated buffer requirement is not always the same as the undisturbed trout buffer requirement.
Q: Is it possible to culvert over the creek that runs through my property?
A: Any work done within a stream, regardless of a trout buffer, first requires approval from the DEQ, DEMLR, Land Quality Section and
the US Army Corps of Engineers.
Division of Energy, Mineral, Division of Water Resources (DWR) and Land Resources (DEMLR)
[phone]https://deq.nc.gov/about/divisions/energy-mineral-and-land-resources
[phone]https://deq.nc.gov/about/divisions/water-resources/water-planning/classifications-standards
Regional Offices
Asheville: [phone]
Winston-Salem: [phone]
Mooresville: [phone]
For More Information about Trout Buffers
Citizens and state agencies working together to protect North Carolina trout waters