42-250. Perennial and Intermittent Surface Water Buffers
A surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific determination made using methodology approved by NCDENR Division of Water Quality. All built-upon area shall be at a minimum of:
- 30 feet landward of all perennial and intermittent surface waters; or
- 100 feet landward of any perennial surface waters located within a water supply watershed when using the high-density option.
Desirable artificial stream bank or shoreline stabilization is permitted. No new development is allowed in the buffer except for water dependent structures, other structures such as flag poles, signs and security lights which result in only minimal increases in impervious surface area and public projects, such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon area; direct runoff away from the surface waters; and maximize the utilization of stormwater best management practices.
