Model Stream/Wetland Buffers Ordinance

(Prepared By State of Rhode Island)

Section I. Background.

Buffers next to stream systems and coastal areas provide numerous environmental protection and resource management benefits which can include the following:

· restoring and maintaining the chemical, physical and biological integrity of the water resources

· removing pollutants delivered in urban stormwater

· reducing erosion and controlling sedimentation

· stabilizing stream banks

· providing infiltration of stormwater runoff

· maintaining base flow of streams

· contributing the organic matter that is a source of food and energy for the aquatic ecosystem

· providing tree canopy to shade streams and promote desirable aquatic organism.

· providing riparian wildlife habitat

· furnishing scenic value and recreational opportunity

It is the desire of the (Municipality) to protect and maintain the native vegetation in riparian and wetland areas by implementing specifications for the establishment, protection and maintenance of vegetated along all stream systems and/or coastal zones within our jurisdictional authority.

Section II. Intent.

The purpose of this ordinance is to establish minimal acceptable requirements for the design of buffers to protect the streams, wetlands and floodplains of (Jurisdiction); to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within (Municipality); to protect ‘s (Municipality’s) riparian and aquatic ecosystems; and to provide for the environmentally sound use of ‘s (Municipality’s) land resources.

Section III. Definitions.

Active Channel: the area of the stream channel that is subject to frequent flows (approximately once per one and a half years), and that includes the portion of the channel below where the floodplain flattens.

Best Management conservation practices or management measures which control soil loss and

Practices (BMPs): reduce water quality degradation caused by nutrients, animal wastes, toxics, sediment, and runoff.

Buffer: a vegetated area, including trees, shrubs and herbaceous vegetation, which exists or is established to protect a stream system, lake, reservoir or coastal estuarine area. Alteration of this natural area is strictly limited.

Development: 1) the improvement of property for any purpose involving building

2) subdivision, or the division of a tract or parcel of land in to 2 or more parcels

3) the combination of any two or more lots, tracts, or parcels of property for any purpose

4) the preparation of land for any of the above purposes

Non-Tidal Wetland: those areas not influenced by tidal fluctuations that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Nonpoint Source

Pollution: pollution which is generated by various land use activities rather than from

an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground water seepage rather than direct discharge.

One Hundred Year

Floodplain: the area of land adjacent to a stream that is subject to inundation during a storm event that has a recurrence interval of one hundred (100) years.

Pollution: any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to:

1) public health, safety or welfare

2) domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses

3) livestock, wild animals, or birds

4) fish or other aquatic life

Stream Channel: part of a water course either naturally or artificially created which contains an intermittent or perennial base flow of groundwater origin. Base flows of groundwater origin can be distinguished by any of the following physical indicators:

1) Hydrophytic vegetation, hydric soil or other hydrologic indicators in the area(s) where groundwater enters the stream channel, in the vicinity of the stream headwaters, channel bed or channel banks

2) Flowing water not directly related to a storm event

3) Historical records of a local high groundwater table, such as well and stream gauge records.

Stream Order: a classification system for streams based on stream hierarchy. The smaller the stream, the lower its numerical classification. For example, a first order stream does not have tributaries and normally originates from springs and/or seeps. At the confluence of two first order streams, a second order stream begins, and so on. (See Figure 1)

Stream System: a stream channel together with one or both of the following:

· 100-year floodplain and/or

· hydrologically-related non-tidal wetlands

Streams: perennial and intermittent watercourses identified through site inspection and USGS maps. Perennial streams are those which are depicted on a USGS map with a solid blue line. Intermittent streams are those which are depicted on a USGS map with a dotted blue line.

Water

Pollution

Hazard: a land use or activity that causes a relatively high risk of potential water pollution.

Section IV. Applications.

1) This ordinance shall apply to all proposed development except for that development which meets waiver or variance criteria as outlined in Section IX of this regulation.

2) This ordinance shall apply to all timber harvesting activities, except those timber harvesting operations which are implementing a forest management plan which has been deemed to be in compliance with the regulations of the buffer ordinance and has received approval from (State Forestry Agency).

3) This ordinance shall apply to all surface mining operations except that the design standards shall not apply to active surface mining operations which are operating in compliance with an approved (State or Federal Agency) surface mining permit.

4) The ordinance shall not apply to agricultural operations that are covered by a conservation plan approved by an appropriate agency that includes the application of best management practices.

[Note: Communities should carefully consider whether or not to exempt agricultural operations from the buffer ordinance, because buffer regulations may take land out of production and impose a financial burden on family farms. Many communities exempt agricultural operations if they have an approved conservation plan. In some regions, agricultural buffers may be funded through the USDA-Natural Resources Conservation Service’s Conservation Reserve Program (CRP).

[Note: Livestock operations near and around streams may be regulated by communities. Livestock can significantly degrade the stream system, and accelerate streambank erosion. For more information, contact the Westchester County Soil and Water Conservation District at (914)285-4422.]

5) Except as provided in Section IX, this ordinance shall apply to all parcels of land, structures and activities which are causing or contributing to:

· pollution, including nonpoint source pollution, of the waters of the jurisdiction adopting this ordinance.

· erosion or sedimentation of stream channels

· degradation of aquatic or riparian habitat

Section V. Plan Requirements.

In accordance with Section IV of this ordinance, a plan approved by the appropriate agency is required for all development, forest harvesting operations, surface mining operations, and agricultural operations.

1) The plan shall set forth an informative, conceptual and schematic representation of the proposed activity by means of maps, graphs, charts, or other written or drawn documents so as to enable the agency an opportunity to make a reasonably informed decision regarding the proposed activity.

2) The plan shall contain the following information: