1. Description of Water Quality Buffers How they function

Why they are important

2. Types of Buffers N.C. buffer types

Charlotte-Mecklenburg buffer types

3. Buffer RequirementsWhere do they apply

Exemptions to applicability

Allowable uses

Measuring buffer widths

Diffuse flow

Water Quality Buffers

Long Creek in West Charlotte

Description of Water Quality BuffersVegetated, no-build area along the banks of surface waters for the protection

of water quality. The width of the buffer as well as the uses and vegetation

allowed in the buffer vary significantly depending on the purpose of the

buffer and the desired level of water quality protection.

Clear Creek at McManus Road in Southeast Mecklenburg County

How Water Quality Buffers Function

Buffer = Filter + Sponge

Surface

Water

1. Vegetation

filters

pollutants in

overland

sheet flow.

2. Permeable soil soaks up

runoff and filters pollutants

in subsurface flow. Some

water provides groundwater

recharge.3. Roots of vegetation absorb

nutrients and other

pollutants and release

moisture into atmosphere

through evapotranspiration.

Andrew D.

4. Roots of vegetation

stabilize banks

preventing erosion and

allowing the formation

of natural meanders.

5. Trees provide

shade lowering

water

temperatures

and increasing

dissolved

oxygen levels.

6. Vegetation

provides

habitat for

wildlife and

food for

aquatic

organisms.

7. Storage provided

for floodwaters.

Importance of Water Quality BuffersMost experts agree that a vegetated buffer is essential to the health of a

stream, providing its 1st line of protection against non-point source pollution.

Pesticides

Fertilizers

Bacteria

Sediment

Toxic & Mineral

Metals

Petroleum Products

N.C. Buffer Types

1. Neuse River Basin Buffer Rules (15A NCAC 02B .0233)

2. Tar-Pamlico River Basin Buffer Rules (15A NCAC 02B .0259)

3. Catawba River Basin Buffer Rules (15A NCAC 02B .0243)

4. Randleman Lake Water Supply Watershed Buffer Rules (15A

NCAC 02B .0250)

5. Goose, Six Mile & Waxhaw Creek Buffer Rules (15A NCAC 02B

.0600)

6. Jordan Lake Water Supply Watershed Buffer Rules (15A NCAC

02B .0267)

7. High Quality Waters (15A NCAC 02H .1006)

8. Outstanding Resource Waters (15A NCAC 02H .1007)

9. Water Supply Watersheds (15A NCAC 02B .0216)

10.Post-Construction Ordinance (15A NCAC 02H .1017(a)(2))

LEGEND

N.C. Areas With Water Quality Buffer Requirements

N.C. Catawba River Basin Buffer Rules

Purpose: Protect and preserve existing riparian buffers in order to maintain their pollutant removal

functions.

Applicability: Mainstem of the river measured from top of bank & mainstem of the lakes measured

from full pond.

Widths:

• Zone 1: 30-foot undisturbed forested area (closest to water)

• Zone 2: 20-foot vegetated area – can be disturbed and revegetated

N.C. Goose, Six Mile & Waxhaw Creek Buffer Rules

Purpose: Protect the freshwater

mussel called the Carolina

heelsplitter, which was

designated as a endangered

species by the U.S. Fish &

Wildlife Service in June 1993.

Applicability: Intermittent and

perennial waters located in the

Goose, Six Mile and Waxhaw

Creek watersheds.

Widths:

• 200-foot undisturbed

riparian buffers on all

perennial and intermittent

streams located in the

FEMA regulated floodplain

• 100-foot undisturbed

riparian buffers on all other

perennial and intermittent

streams.

Carolina Heelsplitter

Mecklenburg County

Union County

Watersheds with Carolina

Heelsplitter Buffer Requirements

Purpose: Protect drinking water

supplies.

Applicability: Perennial waters

located in Water Supply (WS)

watersheds.

Widths:

• 100-foot vegetative buffer for

all new development >24%

BUA

• 30-foot vegetative buffer for

all new development <24%

BUA

N.C. Water Supply Watershed Buffer Rules

Areas Covered by Water Supply

Water Rules

N.C. Post-Construction Buffer Rules

Areas Covered by Post-Construction

Ordinances

Purpose: Protect waters from new

development in urbanizing areas.

Applicability: Intermittent and

perennial waters located within

new development projects in

Phase I and Phase II jurisdictions

that disturb one acre or more of

land, including projects that

disturb less than one acre of land

that are part of a larger common

plan of development or sale.

Widths:

• Built-upon area must be 30

foot landward of all perennial

and intermittent waters.

Union

Mecklenburg

Lincoln

Gaston

Iredell

RowanBurke

Cleveland

Catawba

Caldwell AlexanderDavie

Cabarrus

Charlotte-Mecklenburg Buffer Types

1. Water Supply Watershed –Adopted by 5 jurisdictions from

June 1993 through October 2001

2. Surface Water Improvement & Management (S.W.I.M.) –

Adopted by 8 jurisdictions from November 1999 through

June 2001

3. Goose Creek (Undisturbed) –Adopted by 2 jurisdictions in

March 2010

4. Post-Construction –Adopted by 8 jurisdictions in June 2007

and July 2008

Lake Norman

Mountain

Island Lake

Lake

Wylie

Charlotte-Mecklenburg Water Supply Watershed Buffer

Rules

Purpose: Protect drinking

water supplies.

Applicability: Perennial

waters located in Water Supply

(WS) watersheds.

Widths:

• One zone, undisturbed

buffer varying in width

from 30, 40, 50 and 100

feet or the entire FEMA

floodplain depending on

the density of the

development and its

location in the watershed.

Charlotte-Mecklenburg Surface Water Improvement

& Management (S.W.I.M.) Buffer Rules

Purpose: Ensure that streams and adjacent lands fulfill their natural functions, including protecting

water quality by filtering pollutants; providing storage for floodwaters; allowing channels to meander

naturally; and providing suitable habitats for wildlife.

Applicability: Streams draining >100 acres in Charlotte, Mecklenburg County & Pineville; >50 acres

in Cornelius, Davidson, Matthews & Mint Hill.

Widths:

• 3 zone buffer (with some disturbances allowed) varying in width from 35, 50 and 100 feet or the

entire FEMA floodplain depending on the size of the upstream drainage area.

Charlotte-Mecklenburg Goose & Six Mile Creek

(Carolina heelsplitter) Buffer Rules

For protection of Carolina

heelsplitter. Same as

State.

Charlotte-Mecklenburg Post-Construction Buffer Rules

Purpose: Protect waters from new

development in urbanizing areas.

Applicability: Intermittent and

perennial waters located within new

developments that disturb more than

one acre; or residential developments

that cumulatively create more than

24% built upon area; or commercial

developments that cumulatively create

more than 20,000 square feet of built

upon area.

Widths:

• In most jurisdictions, a 30-foot

vegetated buffer extends upstream

of the 50 and 100 acre drainage

area cutoff for the S.W.I.M.

buffers.

S.W.I.M.

Buffer

Post-

Construction

Buffer

Buffer RequirementsWhere Do N.C. Buffer Rules Apply?

1. Surface water shown on either the most recent version of the Natural Resources

Conservation Service (NCRS) Soil Survey Map or the United States Geologic

Survey (USGS) Quadrangle Topographic Maps.

2. When a landowner or other affected party believes a map is inaccurate, they can

consult the Division or the appropriate delegated local authority and an on-site

determination will be made.

3. Surface waters that appear on the maps shall not be subject to this Rule if an on-

site determination shows that they fall into one of the following categories.

• Ditches and manmade conveyances other than modified natural streams

unless constructed for navigation or boat access.

• Manmade ponds and lakes that are located outside natural drainage ways.

• Ephemeral (storm water) streams.

1 1

2 2

3

3

NRCS Soil Survey Map USGS Quadrangle Topographic Map

Goose Creek in Mint Hill

Buffer Type Final Determination Requirement

Water Supply Watershed Latest version of the applicable USGS quadrangle

map

S.W.I.M Mecklenburg County GIS (POLARIS)

http://polaris.mecklenburgcountync.gov/

Post-Construction POLARIS and certified professional using approved

State methodology

Goose & Six Mile

(Undisturbed)

Same as State

Buffer RequirementsWhere Do Charlotte-Mecklenburg Buffer Rules Apply?

Buffer RequirementsExemptions from N.C. Buffer Requirements

Uses existing as of the effective date of the

ordinance are exempt from ordinance

requirements. Converting to a different use

requires compliance with buffer rules, which

includes:

Adding impervious area to the buffer

Going from agriculture to non-agriculture

Ceasing to maintain a lawn in the riparian buffer

Unnecessary hardship.

Lack of practical alternatives for a road

crossing, railroad crossing, bridge, airport

facility, or utility crossing as long as it is

located, designed, constructed, and maintained

to minimize disturbance, provide maximum

nutrient removal, protect against erosion and

sedimentation, have the least adverse effects on

aquatic life and habitat, and protect water

quality to the maximum extent practicable

through the use of BMPs.

Goose Creek Buffer Exemption

for an Existing Use

Buffer RequirementsExemptions from Charlotte-Mecklenburg Buffer

Requirements

Buffer Type Exemptions

Water Supply Watershed Existing development; obtain variance

S.W.I.M Existing development; valid building permit;

subdivided by recorded subdivision plat, valid

preliminary subdivision plan; obtain variance

Post-Construction Same as S.W.I.M.; obtain variance

Goose & Six Mile (Undisturbed) Same as State.

A Table of Uses sets out the uses and their designation under many of the N.C. buffer rules as exempt, allowable, allowable with mitigation, or prohibited.

EXEMPT. Use allowed.

ALLOWABLE. Use may proceed provided there are no practical alternatives to the requested use.

ALLOWABLE WITH MITIGATION. Uses may proceed provided there are no practical alternatives to the requested use and an appropriate mitigation strategy has been approved.

PROHIBITED. Use may not proceed unless a variance is granted.

Buffer RequirementsAllowable Uses in N.C. Buffers (Catawba & Goose only)

Exempt AllowableAllowable with

MitigationProhibited

Road crossings of streams and other surface waters

subject to this Rule:

• Road crossings that impact equal to or less than 40

linear feet of riparian buffer

• 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

• Road crossings that impact greater than 150 linear

feet or one-third of an acre of riparian buffer

X

X

X

Buffer RequirementsAllowable Uses in N.C. Buffers (Watershed & Post-

Construction)

Buffer Type Allowable Uses

Water Supply Watershed Water dependent structures, or other structures, such as flag

poles, signs and security lights, which result in only minimal

increases in impervious area and public projects such as road

crossings and greenways may be allowed where no practicable

alternative exists. These activities shall minimize built-upon

surface area, divert runoff away from surface waters and

maximize the utilization of BMPs.

Post-Construction None specified.

Buffer RequirementsAllowable Uses in Charlotte-Mecklenburg Buffers

Buffer Type Allowable Uses

Water Supply Watershed Same as State; removal of trees <2 inch caliper

allowed following approval

S.W.I.M Uses vary based on zone as described in table; other

uses allowed following approval & mitigation

Post-Construction Same as S.W.I.M.

Goose & Six Mile

(Undisturbed)

Same as State.

Channel

Buffer widths must be measured

horizontally on a line perpendicular

to the surface water.

Buffer Requirements Measuring Buffer Widths (N.C. & Charlotte-Mecklenburg)

Water quality buffers are measured horizontally on a line perpendicular to the surface water. For lakes, this measurement is

made landward from the full pond elevation established by Duke Energy. For streams and the ponds that they intersect, buffers

are measured landward from the top of the bank on both sides of the stream.

Buffer Requirements Diffuse Flow (N.C. & Charlotte-Mecklenburg)

Diffuse flow of runoff must be

maintained in the riparian buffer by

dispersing concentrated.

Concentrated runoff from new

ditches or manmade conveyances

must be converted to diffuse flow

before the runoff enters the buffer.

Periodic corrective action to restore

diffuse flow shall be taken if

necessary to impede the formation

of erosion gullies.

Overhead View of a Level Spreader with

Vegetated Filter Strip (LS-VFS)

Flow Splitter

Forebay

Water QualityBuffer

Questions?

• For more information on the Charlotte-Mecklenburg buffer requirements, go to

http://stormwater.charmeck.org (select “Regulations” and select “Buffers”)

• For more information regarding the N.C. buffer requirements, access the rules on

the internet.