(a) CompensatoryMitigation for Riparian Buffer Loss. The Commission shall establish a programto provide alternatives for persons who would otherwise be required to maintainriparian buffers and who can demonstrate that they have attempted to avoid andminimize the loss of the riparian buffer and that there is no practicalalternative to the loss of the buffer. This program is intended to allow thesepersons to perform compensatory mitigation in lieu of complying with laws andrules that require that riparian buffers be protected and maintained. Allcompensatory mitigation for riparian buffer loss shall be consistent with rulesadopted by the Commission for protection and maintenance of riparian buffers.
(a1) CompensatoryMitigation Options Available to Government Entities. A government entity, asdefined in G.S. 143‑214.11, may satisfy compensatory mitigationrequirements by any of the following actions:
(1) Payment of acompensatory mitigation fee into the Riparian Buffer Restoration Fundestablished in G.S. 143‑214.21.
(2) Donation of realproperty or of an interest in real property to the Department, another Stateagency, a unit of local government, or a private nonprofit conservationorganization if both the donee organization and the donated real property orinterest in real property are approved by the Department. The Department mayapprove a donee organization only if the donee agrees to maintain the realproperty or interest in real property as a riparian buffer. The Department mayapprove a donation of real property or an interest in real property only if thereal property or interest in real property either:
a. Is a riparian bufferthat will provide protection of water quality that is equivalent to or greaterthan that provided by the riparian buffer that is lost in the same river basinas the riparian buffer that is lost.
b. Will be used torestore, create, enhance, or maintain a riparian buffer that will provideprotection of water quality that is equivalent to or greater than that providedby the riparian buffer that is lost in the same river basin as the riparianbuffer that is lost.
(3) Restoration orenhancement of an existing riparian buffer that is not otherwise required to beprotected, or creation of a new riparian buffer, that will provide protectionof water quality that is equivalent to or greater than that provided by theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(4) Construction of analternative measure that reduces nutrient loading as well or better than theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(5) Participation in acompensatory mitigation bank if the Department has approved the bank and theDepartment approves the use of the bank for the required compensatorymitigation.
(a2) CompensatoryMitigation Options Available to Applicants Other than Government Entities. Anapplicant other than a government entity, as defined in G.S. 143‑214.11,may satisfy compensatory mitigation requirements by any of the followingactions:
(1) Participation in acompensatory mitigation bank if the Department has approved the bank and theDepartment approves the use of the bank for the required compensatorymitigation. This option is only available in a hydrologic area, as defined inG.S. 143‑214.11, where there is at least one compensatory mitigation bankthat has been approved by the Department.
(2) Payment of acompensatory mitigation fee into the Riparian Buffer Restoration Fundestablished in G.S. 143‑214.21. This option only is available to anapplicant who demonstrates that the option under subdivision (1) of thissubsection is not available.
(3) Donation of realproperty or of an interest in real property to the Department, another Stateagency, a unit of local government, or a private nonprofit conservationorganization if both the donee organization and the donated real property orinterest in real property are approved by the Department. The Department mayapprove a donee organization only if the donee agrees to maintain the realproperty or interest in real property as a riparian buffer. The Department mayapprove a donation of real property or an interest in real property only if thereal property or interest in real property either:
a. Is a riparian bufferthat will provide protection of water quality that is equivalent to or greaterthan that provided by the riparian buffer that is lost in the same river basinas the riparian buffer that is lost.
b. Will be used torestore, create, enhance, or maintain a riparian buffer that will provideprotection of water quality that is equivalent to or greater than that providedby the riparian buffer that is lost in the same river basin as the riparianbuffer that is lost.
(4) Restoration orenhancement of an existing riparian buffer that is not otherwise required to beprotected, or creation of a new riparian buffer, that will provide protectionof water quality that is equivalent to or greater than that provided by theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(5) Construction of analternative measure that reduces nutrient loading as well as or better than theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(b) Compensatorymitigation is available for loss of a riparian buffer along an intermittentstream, a perennial stream, or a perennial waterbody.
(c) The Commissionshall establish a standard schedule of compensatory mitigation fees for paymentsto the Riparian Buffer Restoration Fund pursuant to this section. Thecompensatory mitigation fee schedule shall be based on the area of the riparianbuffer that is permitted to be lost and the cost to provide equivalent orgreater protection of water quality in the same river basin as that provided bythe riparian buffer this is lost by:
(1) Restoration orenhancement of existing riparian buffers.
(2) Acquisition of landfor and creation of new riparian buffers.
(3) Maintenance andmonitoring of restored, enhanced, or created riparian buffers over time.
(4) Construction ofalternative measures that reduce nutrient loading.
(d) The Commission mayadopt rules to implement this section. (1999‑448, s. 1; 2009‑337, s. 2.)
(a) CompensatoryMitigation for Riparian Buffer Loss. The Commission shall establish a programto provide alternatives for persons who would otherwise be required to maintainriparian buffers and who can demonstrate that they have attempted to avoid andminimize the loss of the riparian buffer and that there is no practicalalternative to the loss of the buffer. This program is intended to allow thesepersons to perform compensatory mitigation in lieu of complying with laws andrules that require that riparian buffers be protected and maintained. Allcompensatory mitigation for riparian buffer loss shall be consistent with rulesadopted by the Commission for protection and maintenance of riparian buffers.
(a1) CompensatoryMitigation Options Available to Government Entities. A government entity, asdefined in G.S. 143‑214.11, may satisfy compensatory mitigationrequirements by any of the following actions:
(1) Payment of acompensatory mitigation fee into the Riparian Buffer Restoration Fundestablished in G.S. 143‑214.21.
(2) Donation of realproperty or of an interest in real property to the Department, another Stateagency, a unit of local government, or a private nonprofit conservationorganization if both the donee organization and the donated real property orinterest in real property are approved by the Department. The Department mayapprove a donee organization only if the donee agrees to maintain the realproperty or interest in real property as a riparian buffer. The Department mayapprove a donation of real property or an interest in real property only if thereal property or interest in real property either:
a. Is a riparian bufferthat will provide protection of water quality that is equivalent to or greaterthan that provided by the riparian buffer that is lost in the same river basinas the riparian buffer that is lost.
b. Will be used torestore, create, enhance, or maintain a riparian buffer that will provideprotection of water quality that is equivalent to or greater than that providedby the riparian buffer that is lost in the same river basin as the riparianbuffer that is lost.
(3) Restoration orenhancement of an existing riparian buffer that is not otherwise required to beprotected, or creation of a new riparian buffer, that will provide protectionof water quality that is equivalent to or greater than that provided by theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(4) Construction of analternative measure that reduces nutrient loading as well or better than theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(5) Participation in acompensatory mitigation bank if the Department has approved the bank and theDepartment approves the use of the bank for the required compensatorymitigation.
(a2) CompensatoryMitigation Options Available to Applicants Other than Government Entities. Anapplicant other than a government entity, as defined in G.S. 143‑214.11,may satisfy compensatory mitigation requirements by any of the followingactions:
(1) Participation in acompensatory mitigation bank if the Department has approved the bank and theDepartment approves the use of the bank for the required compensatorymitigation. This option is only available in a hydrologic area, as defined inG.S. 143‑214.11, where there is at least one compensatory mitigation bankthat has been approved by the Department.
(2) Payment of acompensatory mitigation fee into the Riparian Buffer Restoration Fundestablished in G.S. 143‑214.21. This option only is available to anapplicant who demonstrates that the option under subdivision (1) of thissubsection is not available.
(3) Donation of realproperty or of an interest in real property to the Department, another Stateagency, a unit of local government, or a private nonprofit conservationorganization if both the donee organization and the donated real property orinterest in real property are approved by the Department. The Department mayapprove a donee organization only if the donee agrees to maintain the realproperty or interest in real property as a riparian buffer. The Department mayapprove a donation of real property or an interest in real property only if thereal property or interest in real property either:
a. Is a riparian bufferthat will provide protection of water quality that is equivalent to or greaterthan that provided by the riparian buffer that is lost in the same river basinas the riparian buffer that is lost.
b. Will be used torestore, create, enhance, or maintain a riparian buffer that will provideprotection of water quality that is equivalent to or greater than that providedby the riparian buffer that is lost in the same river basin as the riparianbuffer that is lost.
(4) Restoration orenhancement of an existing riparian buffer that is not otherwise required to beprotected, or creation of a new riparian buffer, that will provide protectionof water quality that is equivalent to or greater than that provided by theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(5) Construction of analternative measure that reduces nutrient loading as well as or better than theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(b) Compensatorymitigation is available for loss of a riparian buffer along an intermittentstream, a perennial stream, or a perennial waterbody.
(c) The Commissionshall establish a standard schedule of compensatory mitigation fees for paymentsto the Riparian Buffer Restoration Fund pursuant to this section. Thecompensatory mitigation fee schedule shall be based on the area of the riparianbuffer that is permitted to be lost and the cost to provide equivalent orgreater protection of water quality in the same river basin as that provided bythe riparian buffer this is lost by:
(1) Restoration orenhancement of existing riparian buffers.
(2) Acquisition of landfor and creation of new riparian buffers.
(3) Maintenance andmonitoring of restored, enhanced, or created riparian buffers over time.
(4) Construction ofalternative measures that reduce nutrient loading.
(d) The Commission mayadopt rules to implement this section. (1999‑448, s. 1; 2009‑337, s. 2.)
(a) CompensatoryMitigation for Riparian Buffer Loss. The Commission shall establish a programto provide alternatives for persons who would otherwise be required to maintainriparian buffers and who can demonstrate that they have attempted to avoid andminimize the loss of the riparian buffer and that there is no practicalalternative to the loss of the buffer. This program is intended to allow thesepersons to perform compensatory mitigation in lieu of complying with laws andrules that require that riparian buffers be protected and maintained. Allcompensatory mitigation for riparian buffer loss shall be consistent with rulesadopted by the Commission for protection and maintenance of riparian buffers.
(a1) CompensatoryMitigation Options Available to Government Entities. A government entity, asdefined in G.S. 143‑214.11, may satisfy compensatory mitigationrequirements by any of the following actions:
(1) Payment of acompensatory mitigation fee into the Riparian Buffer Restoration Fundestablished in G.S. 143‑214.21.
(2) Donation of realproperty or of an interest in real property to the Department, another Stateagency, a unit of local government, or a private nonprofit conservationorganization if both the donee organization and the donated real property orinterest in real property are approved by the Department. The Department mayapprove a donee organization only if the donee agrees to maintain the realproperty or interest in real property as a riparian buffer. The Department mayapprove a donation of real property or an interest in real property only if thereal property or interest in real property either:
a. Is a riparian bufferthat will provide protection of water quality that is equivalent to or greaterthan that provided by the riparian buffer that is lost in the same river basinas the riparian buffer that is lost.
b. Will be used torestore, create, enhance, or maintain a riparian buffer that will provideprotection of water quality that is equivalent to or greater than that providedby the riparian buffer that is lost in the same river basin as the riparianbuffer that is lost.
(3) Restoration orenhancement of an existing riparian buffer that is not otherwise required to beprotected, or creation of a new riparian buffer, that will provide protectionof water quality that is equivalent to or greater than that provided by theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(4) Construction of analternative measure that reduces nutrient loading as well or better than theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(5) Participation in acompensatory mitigation bank if the Department has approved the bank and theDepartment approves the use of the bank for the required compensatorymitigation.
(a2) CompensatoryMitigation Options Available to Applicants Other than Government Entities. Anapplicant other than a government entity, as defined in G.S. 143‑214.11,may satisfy compensatory mitigation requirements by any of the followingactions:
(1) Participation in acompensatory mitigation bank if the Department has approved the bank and theDepartment approves the use of the bank for the required compensatorymitigation. This option is only available in a hydrologic area, as defined inG.S. 143‑214.11, where there is at least one compensatory mitigation bankthat has been approved by the Department.
(2) Payment of acompensatory mitigation fee into the Riparian Buffer Restoration Fundestablished in G.S. 143‑214.21. This option only is available to anapplicant who demonstrates that the option under subdivision (1) of thissubsection is not available.
(3) Donation of realproperty or of an interest in real property to the Department, another Stateagency, a unit of local government, or a private nonprofit conservationorganization if both the donee organization and the donated real property orinterest in real property are approved by the Department. The Department mayapprove a donee organization only if the donee agrees to maintain the realproperty or interest in real property as a riparian buffer. The Department mayapprove a donation of real property or an interest in real property only if thereal property or interest in real property either:
a. Is a riparian bufferthat will provide protection of water quality that is equivalent to or greaterthan that provided by the riparian buffer that is lost in the same river basinas the riparian buffer that is lost.
b. Will be used torestore, create, enhance, or maintain a riparian buffer that will provideprotection of water quality that is equivalent to or greater than that providedby the riparian buffer that is lost in the same river basin as the riparianbuffer that is lost.
(4) Restoration orenhancement of an existing riparian buffer that is not otherwise required to beprotected, or creation of a new riparian buffer, that will provide protectionof water quality that is equivalent to or greater than that provided by theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(5) Construction of analternative measure that reduces nutrient loading as well as or better than theriparian buffer that is lost in the same river basin as the riparian bufferthat is lost and that is approved by the Department.
(b) Compensatorymitigation is available for loss of a riparian buffer along an intermittentstream, a perennial stream, or a perennial waterbody.
(c) The Commissionshall establish a standard schedule of compensatory mitigation fees for paymentsto the Riparian Buffer Restoration Fund pursuant to this section. Thecompensatory mitigation fee schedule shall be based on the area of the riparianbuffer that is permitted to be lost and the cost to provide equivalent orgreater protection of water quality in the same river basin as that provided bythe riparian buffer this is lost by:
(1) Restoration orenhancement of existing riparian buffers.
(2) Acquisition of landfor and creation of new riparian buffers.
(3) Maintenance andmonitoring of restored, enhanced, or created riparian buffers over time.
(4) Construction ofalternative measures that reduce nutrient loading.
(d) The Commission mayadopt rules to implement this section. (1999‑448, s. 1; 2009‑337, s. 2.)
