Local Government Requirements for Delegation in Johnston County
"Under 15A NCAC 02B .0241, local governments in Johnston County must demonstrate land-use jurisdiction for riparian buffers and fulfill various delegation requirements to enforce state buffer protection regulations. Learn about administrative organization, adoption of ordinances, violation remedies, review processes, and more."
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Presentation Transcript
Delegation Requirements Pursuant to 15A NCAC 02B .0241, local governments seeking delegation are required to show the following: land use jurisdiction for the riparian buffer;
Johnston County Jurisdictional Boundary Map
Delegation Requirements (continued) administrative organization, staff, legal authority, financial and other resources necessary to implement and enforce the State s riparian buffer protection requirements including appointment of a Riparian Buffer Protection Administrator; adopted ordinances, resolutions, or regulations necessary to establish and maintain the State s riparian buffer protection requirements;
Delegation Requirements (continued) a plan to address violations with appropriate remedies and actions; procedures to review and authorize uses that are Allowable and Allowable with Mitigation;
Delegation Requirements (continued) procedures to review variance requests, provide approvals for minor variance requests and make recommendations to the Commission for major variance requests; and provision to limit delegated local authority for activities conducted under the authority of the State, United States, multiple jurisdictions, local units of government, and forestry operations.
Deviations from State Rule Use titles and descriptions follow Jordan Lake Buffer Rule Use Neuse Johnston County Dam maintenance activities Exempt Exempt if no additional buffer disturbance Allowable if additional buffer disturbance beyond footprint of existing dam In-stream temporary sediment & erosion control devices Exempt Exempt if authorized by 401/404 Allowable if not Utility, eletric, aerial, other than perpendicular crossings Exempt with conditions Allowable in Zone 2 Allowable with mitigation in Zone 1
Delegation of Future Approvals Delegation of Further Approval Authority for Previously Delegated Local Governments in the Neuse and Tar- Pamlico Basins to the Director to allow modifications Director will provide copies of requests for revisions so that Commission members may provide comments to the Director Director may request a decision by EMC or local government may request EMC reconsideration of a decision
