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401 & Buffer Permitting Unit
Proposed Consolidated Buffer Mitigation Rules
Pursuant to G.S. 143-214.20, the Environmental Management Commission is to adopt rules concerning construction of alternative measures of buffer mitigation that reduces nutrient loading as well as or better than the riparian buffer that is lost.
The proposed rule (15A NCAC 02B .0295) will provide mitigation options not currently available to DOT, developers, industry and private individuals. In addition to providing greater regulatory flexibility, the proposed changes incorporate current technical and operational techniques into the rules as well as bring consistency to the current riparian buffer mitigation rules.
The Division also seeks to repeal the current buffer mitigation rules (15A NCAC 02B .0242, .0244, .0252, .0260, .0268, and .0609), as they will be replaced by 15A NCAC 02B .0295.
The proposed rule adheres to the principles of Executive Order 70. It advances the public interest and is designed to achieve its objective in a cost-effective and timely manner. The proposed rule was developed through a public stakeholder process.
Proposed Rules and Associated Fiscal Notes
Notice of Text
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