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Article 8 1 Environmental Protection
Sec. 8.5 Riparian Buffer Protection Standards
d. Each sign shall be [at least, City only] 4" by 6" in size, shall face away from the
buffer, and shall read "Riparian Buffer — Do Not Disturb Except as Authorized by
the City [County] of Durham".
e. All signs must be placed on metal or wood posts installed securely in the ground,
except that permanent signs may be placed on permanent fencing along the
buffer boundary. If wood posts are used they must be at least 2" x 2" in size
and be made of treated wood. Posts must extend a minimum of three feet
above ground and be sunk at least two feet below ground.
8.5.5 Diffuse Flow Requirements
Diffuse flow shall be maintained in riparian buffers by dispersing concentrated flow prior to its
entry into a buffer and reestablishing vegetation as listed below. These requirements apply to all
development, including development that does not propose to impact or conduct an activity
within a riparian buffer.
A. Concentrated runoff from new ditches or man-made conveyances shall be converted to
diffuse flow at non-erosive velocities before the runoff enters a riparian buffer except as
authorized under paragraph 8.5.10, Uses.
B. Corrective action to restore diffuse flow shall be taken as necessary and shall be designed to
impede the formation of erosion gullies.
C. New stormwater conveyances including drainage ditches, roadside ditches, and stormwater
BMPs shall not be allowed in or through riparian buffers except as authorized under
paragraph 8.5.10, Uses.
8.5.6 Maps and On -Site Determinations
A. Maps
All of the following maps shall be used to identify surface water subject to the requirements
of this section:
1. The most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture, which means the
most recent hard copy paper bound map or CD-ROM or PDF of such map; and
2. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic map
prepared by the United States Geologic Survey (USGS); and
3. Outside of the Neuse River Basin, any map approved by the Geographic Information
Coordinating Council, the North Carolina Environmental Management Commission and
both governing bodies as more accurate than the maps listed in paragraphs 1 and 2
above. However, such map shall not be used for buffer delineation on projects that are
existing and ongoing under paragraph 8.5.7, Existing Use Exemption.
Surface water shall be deemed present if it is at least approximately shown on any map. If
any surface water is depicted differently on different maps, the most restrictive depiction
shall apply.
Durham, North Carolina Amended 6/27/2016 8-25
Unified Development Ordinance

Article 8 ) Environmental Protection
Sec. 8.5 Riparian Buffer Protection Standards
H
8-32
Amended 6/27/2016 Durham, North Carolina
Unified Development Ordinance
Key (see paragraph 8.5.10F, Use Category Requirements): E = Exempt; A = Allowable; AM = Allowable with Mitigation; X
or not listed = Prohibited; NA = Not applicable
• Mining activities that are covered by the Mining Act provided that new riparian
buffers that meet the requirements of this section are established adjacent to the
A
relocated channels.
• Mining activities that are not covered by the Mining Act OR where new riparian
buffers that meet the requirements of this section are not established adjacent to
AM
the relocated channels.
• Wastewater or mining dewatering wells with approved NPDES permit.
E
Playground equipment:
• Playground equipment on single family lots that exist as of adoption of this section
provided that installation and use does not result in removal of vegetation.
E
• Playground equipment installed on lands other than single-family lots or that
requires removal of vegetation.
X
Within the Neuse River Basin, ponds in natural drainage ways, excluding dry ponds; outside
of the Neuse River Basin, ponds created by impounding streams and not used as
stormwater BMPs:
• New ponds provided that a riparian buffer that meets the requirements of this
section is established adjacent to the pond.
A
• New ponds where a riparian buffer that meets the requirements of this section is
NOT established adjacent to the pond.
AM
Protection of existing structures, facilities and stream banks when this requires additional
disturbance of the riparian buffer or the stream channel.
A
Railroad impacts other than crossings of streams and other surface waters subject to this
section.
AM
Railroad crossings of streams and other surface waters subject to this section:
• Railroad crossings that impact equal to or less than 40 linear feet of riparian
buffer.
A
• Railroad crossings that impact greater than 40 linear feet but equal to or less than
150 linear feet or one-third of an acre of riparian buffer.
A
• Railroad crossings that impact greater than 150 linear feet or one-third of an acre
of riparian buffer.
AM
Removal of previous fill or debris provided that diffuse flow is maintained and vegetation is
restored.
A
Road impacts other than crossings of streams and other surface waters subject to this
section.
AM
Road crossings of streams and other surface waters subject to this section:
• Road crossings that impact equal to or less than 40 linear feet of riparian buffer.
A
• Road crossings that impact greater than 40 linear feet but equal to or less than
150 linear feet or one-third of an acre of riparian buffer.
A
• Road crossings that impact greater than 150 linear feet or one-third of an acre of
riparian buffer.
AM
Outside of the Neuse River Basin, road relocation: Relocation of existing private access
roads associated with public road projects where necessary for public safety:
• Less than or equal to 2,500 square feet of buffer impact.
A
• Greater than 2,500 square feet of buffer impact.
AM
Amended 6/27/2016 Durham, North Carolina
Unified Development Ordinance

Article 8 1 Environmental Protection
Sec. 8.5 Riparian Buffer Protection Standards
Key (see paragraph 8.5.10F, Use Category Requirements): E = Exempt; A = Allowable; AM = Allowable with Mitigation; X
or not listed = Prohibited; NA = Not applicable
® In wetlands, mats shall be utilized to minimize soil disturbance.
5 Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105
degrees.
8.5.10 No Practical Alternatives/Authorization Certificate
A. A person who wishes to undertake a use designated as allowable or allowable with
mitigation shall first submit a request for a "no practical alternatives" determination. Within
the Neuse River Basin, the request shall be submitted to the North Carolina Division of
Water Resources (Division). Outside of the Neuse River Basin, the request shall be
submitted to the City or County as appropriate. In the request, the applicant shall certify
that the project meets all of the following criteria:
1. The basic project purpose cannot be practically accomplished to better minimize
disturbance, preserve aquatic life and habitat, and protect water quality;
2. The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water
quality; and
3. Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality.
B. The applicant shall also submit at least the following information:
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 the riparian buffers,
and the location and dimensions of any disturbance in riparian buffers associated with
the activity;
S. An explanation of why 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. Best management practices proposed to control the impacts associated with the
activity.
C. Within 60 days of a complete submission, the appropriate jurisdiction (the Division acting
pursuant to 15 NCAC 02B .0233 (8)) shall review the entire project and make a finding of fact
as to whether the criteria in paragraph 1 above have been met. If they have, "no practical
alternatives" has been established and the jurisdiction shall issue an Authorization
Certificate. Failure to act within 60 days shall be construed as a finding of "no practical
alternatives" and an Authorization Certificate shall be issued to the applicant. Outside of the
Neuse River Basin, however, such 60 -day deadline may be extended if one of the following
occurs:
1. The applicant agrees, in writing, to a longer period;
8-36 Amended 6/27/2016 Durham, North Carolina
Unified Development Ordinance