Riparian Buffers and Streams
A riparian buffer is a vegetated area that borders a body of water, such as a lake, pond, or stream. Riparian buffers usually consist of trees, shrubs, and grasses. Sometimes referred to as stream buffers, riparian buffers serve many different functions which include stabilizing stream banks, filtering nutrients and other stormwater pollutants, reducing flood risk, and providing wildlife habitat. These areas are protected from development and apply to all perennial and intermittent streams, lakes, reservoirs, and ponds. Riparian buffer regulations are dependent on the watershed. For more information pertaining to Riparian buffers in Guilford County, including the width of the buffer and the Table of Uses, visit the Guilford County Unified Development Ordinance Chapter 15 Article II Subsection 9.
Stream Buffer Determinations
Stream buffers apply to all perennial and intermittent streams, lakes, reservoirs, and ponds if any of the following criteria are met:
- The feature appears on the most recent published version of the Soil Survey Map prepared by the National Resources Conservation Service of the United States Department of Agriculture.
- The feature appears on the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geological Survey (USGS)
- The feature appears on a map approved by the Geographic Information Coordinating Council and by the NC Environmental Management Commission. Prior to approving a map under this Item, the Commission shall provide a thirty (30)-day public notice and opportunity for comment. Alternative maps approved by the Commission shall not be used for buffer delineation on projects that are existing and ongoing.
- If the subject property is in the Randleman Lake Watershed, Guilford County may use site specific evidence to support the presence of waters not shown on any of the maps listed above.
To determine whether a feature is subject to buffer requirements or if an applicant disagrees that a feature is buffered, the Watershed Protection and Stormwater Management Section offers free stream buffer determinations. Members of the Section are Surface Water Identification Training Course (SWITC) Certified and able to issue stream buffer determinations based on a series of geomorphological, hydrological, and biological tests.
The riparian buffers of intermittent and perennial streams, lakes, reservoirs, and ponds located within the Jordan Lake watershed are protected due to the Jordan Lake Nutrient Strategy Rules. Passed by the North Carolina General Assembly in August of 2009, these rules mandate reducing pollution from wastewater discharges, stormwater runoff, agriculture, and fertilizer application in new and existing developments within the Jordan Lake watershed. Guilford County is subject to the Jordan Lake Nutrient Strategy Rules, also known as the Jordan Lake Rules, due to the County existing within the headwaters of the Jordan Lake watershed. Guilford County Watershed Protection and Stormwater Management Section are the locally delegated authorities to enforce the Rules. These Rules determine what activities or uses are allowed within the buffer in the Table of Uses. The Uses are broken into three categories: Exempt, Allowable, and Allowable with Mitigation.
- Exempt: allowed in the Buffer – (does not require approval)
- Allowable: may occur within the buffer provided there are no practical alternative – (requires Buffer Use Authorization)
- Allowable with Mitigation: may proceed within the buffer if there are no practical alternatives and a mitigation strategy has been approved. Visit the Division of Mitigation Services for more information – (requires Buffer Use Authorization)
Uses not listed in the table are prohibited and require a variance. Mitigation may also be required.
Documentation of “No Practical Alternatives” Process
- The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
- The use or activity cannot practically be reduced in size or density, reconfigured, modified or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
- Best management practices shall be used as necessary to minimize disturbance, preserve aquatic life and habitat, and protect water quality.
Guilford County must grant Buffer Use Authorization before any construction process can begin within streamside zones.
To view the Table of Uses and to learn more about Guilford County and the Jordan Lake Rules, visit Chapter 15, Article II, Subsection 9 – Environmental Regulations. For information regarding updates to the Jordan Lake Rules, visit N.C. Division of Water Resource's Jordan Lake Nutrient Strategy webpage.
The riparian buffers of intermittent and perennial streams, lakes, reservoirs, and ponds located within the Randleman Lake watershed are protected due to the Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing Riparian Buffers. Passed by the North Carolina General Assembly in April of 1999, these rules were designed to protect and preserve existing riparian buffers throughout the Randleman Lake Watershed. Additionally, Guilford County adopted these rules to protect the water supply uses of the Randleman Lake Reservoir and of designated water supplies throughout the Randleman Lake Watershed. Guilford County Watershed Protection and Stormwater Management Section are the locally delegated authorities to enforce the Rules. These Rules determine what activities or uses are allowed within the buffer in the Table of Uses. The Uses are broken into three categories: Exempt, Allowable, and Allowable with Mitigation.
- Exempt: allowed in the Buffer – (does not require approval)
- Allowable: may occur within the buffer provided there are no practical alternative – (requires Buffer Use Authorization)
- Allowable with Mitigation: may proceed within the buffer if there are no practical alternatives and a mitigation strategy has been approved. Visit the Division of Mitigation Services for more information – (requires Buffer Use Authorization)
Uses not listed in the table are prohibited and require a variance. Mitigation may also be required.
Documentation of “No Practical Alternatives” Process
- The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
- The use or activity cannot practically be reduced in size or density, reconfigured, modified or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
- Best management practices shall be used as necessary to minimize disturbance, preserve aquatic life and habitat, and protect water quality.
Guilford County must grant Buffer Use Authorization before any construction process can begin within streamside zones.
To view the Table of Uses and to learn more about Guilford County and the Randleman Lake Rules, visit Chapter 15, Article II, Subsection 9 – Environmental Regulations.
The riparian buffers of perennial and intermittent streams in Guilford County’s Water Supply Watersheds and National Pollutant Discharge Elimination System (NPDES) Areas are protected according to Guilford County’s Unified Development Ordinance Chapter 15 Article II Subsection 9.