Blog / March 6, 2020

What is the buffer rule?

A new 28 day buffer rule, in force from 5 June, allows parties to agree up to 28 day time extensions without having to seek the Court’s permission and will provide considerable comfort to litigants concerned about the zero tolerance approach brought in by the Court of Appeal in Mitchell.

What is a buffer zone for a stream?

What is a buffer? A buffer (also called a riparian buffer area or zone) is the strip of natural vegetation along the bank of a stream, lake or other water body that separates the water from developed areas such as lawns, buildings, roads, driveways, etc.

Can you build on a riparian buffer?

Buffers take up space, too, but they often use space that developers could not have built on anyway. Developers are often restricted from building within 50 feet of a stream, and they typically are not allowed to disturb any wetlands that may be located along the stream.

Can you fill in wetlands in NC?

The U.S. Army Corps of Engineers (USACE) is the federal agency responsible for issuing 404 Permits; these permits are required for the discharge of fill material into streams, wetlands and open waters.

What makes a buffer a buffer?

Buffers. A buffer is an aqueous solution containing a weak acid and its conjugate base or a weak base and its conjugate acid. A buffer’s pH changes very little when a small amount of strong acid or base is added to it. It is used to prevent any change in the pH of a solution, regardless of solute.

What is a wetland buffer?

Wetland buffers are those areas that surround a wetland and reduce adverse impacts to the wetland functions and values from adjacent development. Wetland buffers can include both upland and aquatic areas contiguous with a wetland edge, however, the focus of this study is on vegetated upland buffers.

What is a buffer zone example?

An example of ecological buffer zone is a riparian buffer near to a very busy roadway. Not only does it reduce traffic noise, air and water pollution, it also provides a space for organisms to flourish in the area.

What is a buffer zone area?

A buffer zone is a neutral zonal area that lies between two or more bodies of land, usually pertaining to countries. Depending on the type of buffer zone, it may serve to separate regions or conjoin them. Buffer zones have various purposes, politically or otherwise.

What can I grow in a riparian buffer?

Riparian buffers are the grasses, grass-like, forbs, shrubs, trees or other vegetation growing along streams.

Can I build next to a stream?

Building so close to rivers has an inherent flood risk, making development inappropriate. The development may destabilise river banks either during or after construction. This can allow sediment into the river causing pollution and can change the speed and rate of water flow.

How close can you build to a stream?

A stream setback is the minimum distance that a development must maintain between its boundaries and a riparian area to protect a buffer zone. Standard setback distances often range from 50 to 100 feet from the stream or river, but can vary based on the specific riparian zone.

Is it illegal to dam a creek in NC?

North Carolina is a riparian state, meaning that anyone who owns land adjoining surface water has the right to make reasonable use of that water. In other words, you can’t separate the right to use water in a stream from the ownership of the land beside the stream.

What are the rules for a riparian buffer zone?

The rules require a 50-foot riparian buffer that is divided into two zones. The 30 feet closest to the water (Zone 1) must remain undisturbed. The outer 20 feet (Zone 2) can be managed vegetation. Zone 1: 30’ undisturbed forest vegetation Zone 2: 20’ managed vegetation Bu˛er Zones on CAMA Wetlands Stream, Pond or Estuary Normal high water level

What are the rules for a 50-foot buffer?

Where are riparian buffers measured in North Carolina?

In the 20 coastal counties, the riparian buffer is measured from the landward edge of the N.C. Division of Coastal Management’s wetland boundary. The benefits of riparian buffers are maximized when there is diffuse flow of stormwater runoff. What is diffuse flow?

What is the minimum width of an undisturbed buffer?

The 25 foot minimum width for an undisturbed buffer zone is measured horizontally from the top of the bank (15A NCAC 04B.0125(b)). The erosion and sedimentation control plans must be approved and measures must be in place before land-disturbing activity is allowed to take place in the buffer.