N.C. General Assembly is actively revisiting the law regulates the width of waterway buffer (Raleigh: 2015)

[lleello]

North Carolina Land Use Litigator: N.C. General Assembly Is Actively Revisiting Riparian Buffer Rules

They are trying (on the way) to reduce the width of waterway buffer from 50 ft to 30 ft. What do you guys think about this? I personally don't agree with this but don't know where to voice it.

[BoBromhal]

I would say that what you've linked is an opinion blog, and not a good legal review of the issue. However, assuming the blogger is accurate, then we should all be opposed to doing away with requirements that protect that first 30 feet in many waterways. Meaning, there's absolutely sensitive lands and waterways that we have to avoid disturbing nearby dirt.

At the same time, there are many waterways - especially "intermittent streams" that I don't believe need the protection afforded by the 50 foot buffer. For example, every creek I can think of in downtown Raleigh is part of the Neuse River Basin (they all flow to Crabtree Creek and the Neuse in Wake County). 50 feet would mean no decks, stairs, or patios. Some structures like that predate the riparian buffer implementation. Should they not be allowed to be repaired/replaced?

[lleello]

While blog could be not the most trusted source, you can see the regulation changes in http://www.ncleg.net/Sessions/2015/B.../PDF/H44v3.pdf on section 13 which shows my concern. The NCAC 02B .0233 on (4) shows the definition of the new Zone 1 and Zone 2. http://ncrules.state.nc.us/ncac/titl...b%20.0233.html.

The law has been implemented since 2000, and I think the concern regarding repairs on decks, stairs, or patios would already been addressed by now because 15 years is a long time to skip maintenance of structures near water. I'll let anyone with more experience to comment on this.