[From the U.S. Government Printing Office, www.gpo.gov]


                                                                Vegetated Riparian Buffers
                                                                 And Buffer Ordinances




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                                                            Table Of Contents


                    Recommendations for Vegetated Buffers and Buffer
                    Ordinances in South Carolina                 .....................................................................................2
                    1. Facts About Buffers              ...............................................................................................3
                         A.   Advantages of Buffers            ......................................................................................3
                              1. Water Quality and Aquatic Habitat Improvement                             ........................................3
                              2. Flooding, Drought, and Erosion Prevention                         ................................................4
                              3. Wildlife Habitat Protection               ..........................................................................4
                              4. Financial Benefits            .......................................................................................4
                              5. Recreational Opportunities and Improved Aesthetics                              .................................5
                         B.   Conditions Affecting Buffer Performance                      .........................................................5
                              1. Slope      ............................................................................................................5
                              2. Vegetation        ....................................................................................................5
                              3. Soil Type        ......................................................................................................6
                              4. Buffer Width         .................................................................................................6
                              5. Buffer Design          ...............................................................................................7
                              6. Buffer Management               .....................................................................................9

                    11. Problems and Solutions for Buffers and Buffer Ordinances                                ..................................9
                         A.   Make the Buffer Ordinance Flexible to Protect the Rights of the Property
                              Owner       ..............................................................................................................9
                              1 .  BufferAveraging            ....................................................................................... 10
                              2.   Density Compensation                ............................................................................. 10
                              3.   Conservation Easements                  ......................................................................... 10
                              4.   Purchase of Development Rights                     ............................................................. 10
                              5.   Variances       .................................................................................................. 10
                              6.   Selective Pruning and Clearing to Provide a View Corridor                              ..................... 11
                         B.   Print Buffer Boundaries on Development Plans                          ............................................. 11
                         C.   Actively Manage Buffers               ................................................................................ 12
                         D.   Minimize Crossings and Disruptions to the Stream Network                                 ......................... 12
                         E.   Do not Rely Upon the Buffer as the Sole Stormwater Management Tool                                        ...... 13

                    111. Examples of Existing Buffer Ordinances                      ............................................................. 14





                                                                                                      Vegetated Riparian Suffers and Wfier @Ordina@nces@








                   Recommendations for Vegetated Buffers and Buffer Ordinances in South
                   Carolina


                       1. Establish a buffer with a minimum average width of 50 feet. The inner (streamside) zone of 25 feet
                         (approximately two mature trees deep) needs to be left pristine and forested. A width of 50 feet plus 25 feet
                         of turf (residential backyard) before reaching the first pavement or structure is preferable, while a width of
                         100 feet (75 feet plus 25 feet of turf) is optimum and should be attempted where possible.
                         A.   Attempt to make two-thirds of the vegetated buffer at least 75 feet wide. Consider incentives to
                              developers (e.g. density bonuses elsewhere or property tax exemptions) for providing buffers of 75 or
                              100 feet. See Figure 1 for the recommended three-zone riparian buffer design.
                         B.   Do not allow the buffer to become too fragmented. Continuity is as important as buffer width. Do not
                              allow more than 10% of the buffer to be less than 33 feet (10 meters) wide.

                     11. Establish specific water quality and habitat goals for the outer, middle, and strearnside zones of the buffer.
                         Adopt a vegetative target for the buffer based on the native, predevelopment plant community. Allow
                         property owners to prune some vegetation in a portion of the buffer on their property so that they may
                         establish a view of the water from their home.


                    111. Make the buffer ordinance flexible. The use of buffer averaging, density compensation, conservation
                         easements, and/or variances can ensure the rights of the property owner are protected.

                     IV. Actively manage buffers with annual buffer walks to ensure no improper encroachment by residents.
                         Inform developers, builders, and residents on the location of and reason for the buffers. Make the
                         boundaries of buffers visible before, during, and after construction with posted signs that describe
                         allowable uses.


                      V  Print buffer boundaries on all development and construction plans, plats, and official maps.

                    V1.  Limit the number and conditions for stream buffer crossings (e.g. roads, bridges, and underground utilities).
                         All footpaths running through the buffer to the water (perpendicular to the buffer) should be covered by
                         nonelevated wooden boardwalks to prevent the channelization of stormwater runoff caused by dirt
                         footpaths.
                   V11.  Do not rely on vegetated buffers as the sole stormwater management tool.




                                                                                  The purpose of this pamphlet is to provide basic
                 ::'WAROAN AREAS. The term "riparian"                         information on riparian buffers. It is also intended as
                 "refers, to the area of land along a stream,                 a general resource for local policy makers who are
                 ,river,. marsh, or shoreline.                                considering the creation of buffers or greenways in
                                                                              their communities. It includes an annotated reference
                                                                              list for those interested in pursuing the topic in more
                                                                              detail.
                2 Vegetated Riparian Buffers and Buffer Ordinances




                 PURPOSES OF A PUPAMAM BUFFER:                                1. Facts About Riparian
                 ï¿½   reduces erosion and stabilize stream                         Buffers
                     banks
                 ï¿½   encourages infiltration of stormwater                        Riparian buffers, or buffer zones, are corridors
                     runoff                                                   of vegetation along rivers, streams, and tidal wetlands
                     controls sedimentation                                   which help to protect water quality by providing a
                 ï¿½   reduces the effects of flood and drought                 transition between upland development and adjoin-
                 ï¿½   provides forest areas to shade streams                   ing surface waters. Vegetated riparian buffers filter
                     and encourages desirable aquatic                         urban stormwater runoff from impervious areas
                     species                                                  before it reaches the waterbody (U.S. EPA, 1993,
                 ï¿½   provides and protects wildlife habitat                   pp. 4-47). Buffers also provide important wildlife
                 ï¿½   offers scenic value and recreational                     habitat, reduce flood and drought conditions, and
                     opportunity                                              create recreational opportunities.
                 ï¿½   restores and maintains the chemical,
                     physical, and biological integrity of water
                     resources                                                ADVAMTAGES OF BUFFERS
                 ï¿½   minimizes public investment in waterway
                     restoration, stormwater management,                      El Water Quality and Aquatic Habitat
                     and other public water resource                              Improvement
                     endeavors
                                  Schueler, WPT Summer 1995                       Many chemicals easily adsorb, or attach to,
                                                                              individual sediment particles, so the sediment
                                                                              particles frequently carry pollutants and nutrients,
                  Nonpoint source (NPS) pollution from                        such as nitrogen and phosphorus, into streams. An
              stormwater runoff is a growing problem in South                 overabundance of nutrients in a waterbody causes
              Carolina's coastal areas. The water quality of                  algae blooms; as the excess algae dies and decom-
              rivers and streams frequently becomes impaired in               poses, oxygen is consumed, which kills plants, fish,
              urbanized watersheds or where riparian corridors are            and other aquatic life (Horton and Eichbaum, 1991).
              altered by such human activities as development or              In addition, the sediment itself can be a pollutant since
              agriculture (WPT June 1997, pp. 490-491). The                   it can impair the feeding and reproduction of many
              movement of rainfall over urban and agricultural land-          forms of aquatic life (Anderson and Masters, 1993).
              scapes flushes pollutants such as oil, gasoline,                Buffers act as filters by reducing the amount of sedi-
              sediment, metals, and fertilizer into rivers, creeks, and       ment reaching the water. By slowing the movement
              estuaries. These pollutants:                                    of stormwater runoff, buffer vegetation allows more
              0   degrade water quality;                                      time for sediment contained in the stormwater to settle
              0   alter natural habitats for fish and other wildlife;         out (Castelle et aL, 1994).
              0   lead to excessive algae growth, which depletes                  When rainwater collects on roofed and paved
                  the oxygen needed by fish;                                  areas it is heated by sunlight. This heated runoff raises
              0   allow chemicals to accumulate in fish and                   the temperature of the receiving waterbody, which
                  shellfish, which ultimately affects                         can limit fish spawning and also cause excessive al-
                  consumers.                                                  gal growth. The tree canopy of a riparian buffer shades
                                                                              the land below it and the receiving waterbody to limit

                                                                                             Vegetated Riparian Buffers and Buffer Ordinances 3






                                                                                  animals either live in the riparian area or use the buffer
                                                                                  as a travel corridor. For example, colonial waterbirds
                                                                                  need buffers along the marsh-upland shoreline to
                                                                                  protect roosting and foraging sites (Dodd, 1998).
                                                                                  Wildlife diversity within a buffer is linked to a buffer's
                                                                                  size; i.e., wider buffers support a greater variety and
                                                                                  number of species. A continuous buffer is of
                                                                                  particular value in protecting amphibians, waterfowl,
                                                                                  and coastal fish spawning and nursery areas (WPT
                                                                                  June 1997, pp. 471-472).


                 A50'buffer to protect the pondfrom residential development.      2   FinancW Benefits
                 heating. One researcher found that shading of small                  1. Minimized Property Damages
                 streams was adequate with a 50-foot wide forested                        Buffers mitigate property destruction by
                 buffer (Baltimore Buffer Subcommittee Recommen-                      maintaining some undeveloped land along
                 dations).                                                            waterways and keeping developing areas away
                 RT Nooding, Drought, and Erosion                                     from floodwaters, storin surges, and extreme high
                     Prevention                                                       tides (VBCZ, p. 29).
                                                                                      2. Decreased Public Investment Needs
                     Vegetated buffers reduce downstream flooding by                      By reducing flooding, erosion, and sedimen-
                 slowing stormwater velocity, storing some water in                   tation, vegetated buffers minimize public
                 soils, and allowing more water to percolate to the                   investment in stormwater management and
                 water table. Riparian buffers are useful also for flood              waterway protection and restoration (Baltimore
                 zone management, keeping development back from                       Buffer Subcommittee). Buffers can also reduce
                 the immediate banks of waterways and out of most                     the number of drainage complaints received by
                 floodways.                                                           local publicworks departments.

                     Riparian buffers reduce channelized flow                         3. Increased Property Values
                 erosion from stormwater runoff and stabilize                             In a national study of ten programs that
                 streambanks. The slow release of stored groundwa-                    diverted development away from flood-prone
                 ter from saturated soils in riparian areas helps                     areas, researchers discovered that land next to
                 maintain streamflow between storms and reduce                        protected floodplains had increased in value by
                 drought conditions (Anderson and Masters, 1993).                     an average of $10,427 per acre (Burby, 1988). In
                 Leaves and grass on the ground act like a sponge by                  another national study, buffers were thought to
                 absorbing water and then releasing it over time. Such                have a positive or neutral impact on adjacent
                 organic debris also covers the soil, preventing splash               property values in 32 out of 39 communities
                 erosion, and maintains infiltration capacity.                        surveyed (Schueler, 1995). Homes located near
                                                                                      seven California stream restoration projects had
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                 R1 WiNlife Habitat Protection                                        a 3 to 13% higher property value than similar
                                                                                      homes located on unrestored streams (Streiner and
                     Streams and the surrounding riparian areas                       Loomis, 1996).
                 provide habitat for a diverse group of wildlife. These

                 4 Vegetated Riparian Buffers and Buffer Ordinances






                       "When managed as a 'greenway,' stream                  0 Buffeir MOPS
                   buffers can expand recreational opportunities and
                   increase the value of adjacent parcels." (Flink and            Several researchers have concluded that the slope
                   Searns, 1993) Several studies have shown that              of a buffer should not exceed fifteen percent (Schueler
                   greenway parks increase the value of homes ad-             et al., 1992). Above fifteen percent, the velocity of
                   jacent to them ...... (WPT, June 1997 pp. 471-472)         runoff becomes too fast, and sediment particles will
                   4. Reduced Maintenance Costs                               not have time to settle out. Runoff is likely to
                       "Corporate landowners can save between                 become concentrated and channelized, rendering the
                                                                              buffer much less effective (Baltimore Buffer Subcom-
                   $270 to $640 per acre in annual mowing and                 mittee). Shallower slopes allow for longer residence
                   maintenance costs when open lands are managed              time, slower flow, and are more effective at remov-
                   as a natural buffer area rather than turf." (Wild-         ing sediment and pollutants from the runoff.
                   life Habitat Enhancement Council, 1992 - as cited
                   in WPT June 1997, pp. 471-472)                                 "Use near construction sites and agricultural fields
                                                                              that yield heavy sediment loads requires a buffer slope
               0 Recrsadona@ OpporWnK@az and                                  greater than I % or the sediment deposits may need to
                   @rnpmved Asztheftz                                         be removed or spread after each heavy rainfall. A
                                                                              temporary silt fence could also be installed and the
                   Many urban areas are combining the habitat and             deposits removed at the end of construction or the
               water quality benefits of buffers with the                     farming season. After construction and where sedi-
               recreational and transportation advantages of                  ment loads from existing urban developments are
               greenways. Trail systems provide an alternate means            moderate, buffer slopes may be as low as 0.5% and
               for people to travel and can be a principle place for          still only require normal annual maintenance... [L]and
               recreation. Greenways serve to make communities                slopes average 0.2% in the Cooper, Wando, and
               more attractive places to live and tend to boost local         Ashley river basins, and near the wetland margins tend
               economies. Quality of life can be an important factor          to steepen to 0.5% to 1%." (McCutcheon et al., 1999)
               in many corporate relocation decisions.                        "If sediment buildup is not expected, the shallower
                                                                              slopes (<0.5%) can be even better for removing
               COMMON AFFECYNG BUFFER                                         nutrients and fine sediment. Longer residence and
               PERFORDWAMCIE                                                  greater infiltration will remove more of the pollut-
                                                                              ants." (McCutcheon fax to Debra Hernandez)
                   The effectiveness of a buffer in achieving water
               quality benefits depends on several conditions,                0 vegstaVon
               including:
               0   buffer slope                                                   Native vegetation capable of withstanding local
               0   vegetation                                                 water, climate, soil, and pest conditions is preferred.
               0   soil type                                                  For the creation of new buffer areas, or for supple-
               0   buffer width                                               mental planting in natural areas, native plants that
               0   buffer design                                              establish rapidly and are suitable for flood zone
               0   buffer management                                          conditions (where relevant) should be used. Native
                                                                              plants that have an extensive root system work best
                                                                              to stabilize the soil and take up nutrients.



                                                                                             VegetatedRiparlan BuKers and Buffer Ordinances






                                                                                  soils may be most effective in removing sediments
                                                                                  and sediment-bound pollutants, but only marginally
                                                                                  effective at removing soluble forms of pollutants.

                                                                                  0 Buffer Ndth


                                                                                       The ability of a buffer to provide multiple
                                                                                  benefits is closely linked to width. A national survey
                                                                                  of 36 local buffer programs found a range in width
                                                                                  from 20 to 200-feet on each side of the stream, with a
                                                                                  median of 100 feet. The buffer programs surveyed
                A vegetative bufferprovides addedprotection to marshfrom          generally incorporated the 100-year floodplain and
                upland development.                                               some included adjacent wetlands, steep slopes or
                    If runoff is allowed to "short circuif' a buffer by           critical habitat areas. In most regions of the country,
                concentrating and forming channels or rivulets, the               100 feet translates to three to five mature trees deep
                chance for filtration of runoff is greatly reduced. The           on each side of the stream (WPT Summer 1995,
                more dense the vegetation is in a buffer, the better it           p. 157). The only types of development allowed in
                will filter runoff.                                               these areas are usually limited to those structures
                                                                                  needed to allow reasonable use of the property, such
                    If the intended use of a buffer is solely for                 as docks (U.S. EPA, 1993, pp. 4-47).
                stormwater filtration, grasses work best, because trees
                and shrubs allow more channelization of runoff                         Table I lists several methods suggested for
                (McCutcheon et al., 1999). However, grasses do not                determining appropriate buffer widths. The methods
                provide the habitat of forested buffers. In addition,             listed have been used by many municipalities.
                removing trees and shrubs along a streambank to
                create a grassed buffer can erode the streambank.
                Grassed buffers also require mowing two or three
                times annually to prevent the natural succession of                   N
                bushes and trees (McCutcheon et al., 1999), and they
                provide no shade for the land or the waterbodies.                         50 ft. + 4-5 ft. for every 1% increase in slope
                                                                                          (Trimble and Schwartz, 1957; Aucella, 1989).
                9 SCH Type                                                                75 ft. for slopes less than 10%. Additional width
                                                                                          may be added for steeper slopes (Carter, 1988).
                    Medium-fine textured soils, such as loams and
                silt loams, work best to establish plants, filter pollut-                 3 times the maximum height of the tree canopy
                ants, retain surface water, and increase groundwater                      (Palfrey and Bradley, 1982).
                discharge to streams. Highly permeable soils, such
                as coarse-textured sandy soils, may percolate water
                so rapidly that little uptake of excess nitrogen occurs.               The Environmental Protection Agency
                Well-drained soils are only half as effective at remov-           recommends a 100-foot minimum buffer of native
                ing nitrogen as poorly drained soils. The saturated,              vegetation landward from the mean high tide line in
                organically rich soils typically found in salt marshes,           coastal areas to help remove or reduce sediment, ex-
                wetlands, and wet forests are useful in the removal of            cess nutrients, and toxic substances entering surface
                both soluble and sediment-bound pollutants. Sandy                 waters (MWCOG, 199 1). Amain difference between

                   Vegetated Riparian Buffers and Buffer Ordinances





                tidal creeks and freshwater streams is that research-                 The size of a buffer also depends significantly
                ers recommend bigger buffers for bigger freshwater               upon the desired function of the site. One buffer width
                streams, but the opposite is true for tidal creeks. Since        may be effective for improving water quality but may
                small tidal creeks are critically important spawning             not be significant enough to provide functional
                and nursery areas, bigger buffers are recommended                wildlife habitat. Wildlife requirements range
                for small tidal creeks. Tributaries of non-tidally               according to the desired type and quantity of species.
                influenced freshwater streams have not been shown                A Charleston Harbor Project researcher recommends
                to be as important to freshwater stream ecosystems.              a buffer zone of 100 feet along the marsh-upland
                                                                                 shoreline to protect roosting and foraging sites for
                     In a University of Washington study, "twenty-two            colonial wading birds (Dodd, 1998).
                small-stream watersheds [were] chosen to represent
                a range of development levels from relatively                         Table 2 presents a generalized overview of
                undeveloped (reference) to highly urbanized. In this             pollutant removal effectiveness and wildlife value
                study, the streambank stability [was found to be                 associated with various buffer widths.
                directly related] to the width of the riparian buffer
                and inversely related to the number of breaks in the             0 Suffer DLWgn
                riparian corridor." (WPT June 1997, pp. 488-489) This
                study found that "wide, continuous, and mature-for-                   The riparian buffer design favored by the j ournal
                ested riparian corridors appear to be effective in miti-         Watershed Protection Techniques involves the
                gating at least some of the cumulative effects of adja-          creation of three management zones within a buffer
                cent basin development... [Results of the study                  (Figure 1). Each zone has preferred target vegetation
                suggest that] enhancement and mitigation efforts                 and allowed uses. The inner (streamside) zone con-
                should be focused on watersheds where ecological                 tains the most natural vegetation target and most
                function is impaired but not entirely lost     ......  (WPT      restricted uses (WPT 2/94, p. 19).
                June 1997, pp. 490- 491) The study made several
                recommendations to maintain existing natural stream                   The streamside buffer zone extends a minimum
                quality:                                                         of 25 feet from the stream bank (about the distance
                                                                                 of one or two mature trees) and serves to protect the
                1.   "Ensure that at least 70% of the riparian corridor          physical and ecological integrity of the stream
                     has a minimum buffer width of 30 m [approx.                 ecosystem. A mature riparian forest is the desired
                     100 ft.] and utilize wider (100m) buffers around            vegetation because it provides shade, leaf litter and
                     more sensitive or valuable resource areas [A                woody debris, and erosion protection. Reforest it if it
                     buffer width of less than ten meters (approxi-              is now grass. Allow only very restricted uses such as
                     mately thirty-three feet) is generally considered           foot paths and utility rights of way.
                     functionally ineffective (Castelle et al., 1994)].
                2.   Limit encroachment of the riparian buffer zone                   The middle buffer zone must be at least 50 feet
                     through education and enforcement [<I 0% of the             wide and composed of managed forest with some
                     riparian corridor should be allowed to have a               clearing allowed. Its size depends on the stream order,
                     buffer width <10m (approx. 33 ft.)]                         the extent of the 100-year floodplain, adjacent steep
                3.   Actively manage the riparian zone to ensure a               slopes, and protected wetland areas. Allow some rec-
                     long-range goal of at least 60% of the corridor as          reational uses, stormwater BMPs, bike paths, and tree
                     mature, native ... forest." (WPT June 1997,                 removal (WPT Summer 1995, p. 157). Sediment and
                     p. 492)                                                     nutrients are also removed by this multi-purpose land use.


                                                                                                Vegetated Riparian Buffers and Buffer Ordinances






                                      Table 2: A summary of pollutant removal effectiveness and wildlife habitat value of Vegetated buffers
                                      according to buffer width (1 meter=3.28 feet) (Source: Desboronnet et  al. 1994)._
                   
                    Buffer Width                  Pollutant Removal                                    Effectiveness Wildlife Habitat Value
                    5 meters                      Approximately 50% or greater                         Poor habitat value; useful for temporarty
                    (approx 16.5 ft.)             sediment and pollutant removal.                      activities of wildlife.
                    10 meters                     Approximately 60% or greater                         Minimally protects stream habitat; poor
                    (approx 33 ft.)               sediment and pollutant removal.                      habitat value; useful for temporary activities of wildlife.
                    15 meters                     Greater than 60% sediment and                        Miinimal general wildlife and avian
                    (approx 50 ft.)               pollutant removal.                                   habitat value.
                    20 meters                     Approximately 70% or greater                         Minimal wildlife habitat value; some
                    (approx 66 ft.)               sediment and pollutant removal.                      value as avian habitat.
                    30 meters                     Approximately 70% or greater                         May have use as a wildlife travel
                    (approx 100 ft.)              sediment and pollutant removal.                      corridor as well as general avian habitat.
                    50 meters                     Approximately 75% or greater                         Minimal general wildlife habitat value
                    (approx 165 ft.)              sediment and pollutant removal.
                    75 meters                     Approximately 80% or greater                         Fair-to-good general wildlife and avian
                    (approx 248 ft.)              sediment and pollutant removal.                      habitat value
                    100 meters                    Approximately 80% or greater                         Good general wildlife value; may
                    (approx 330 ft.)              sediment and pollutant removal.                      protect significant wildlife habitat.
                    200 meters                    Approximately 90% or greater                         Excellent wildlife value; likely
                    (approx 660 ft.)              sediment and pollutant removal.                      to support a diverse community.









                                                                                                                             Compost                         
                                                                                                                                  ile
                                                                                                                                 P
                                                                                                                                                                

                                                                                                                       Fence

                                                                                                          Posting
                                                                                                Bike path


                                                Foot ath

                                                  INN        RE                      MIDDLE CORE                            OUTER CORE
                        Stream

                    WATER SOURCE              STREAMSIDE ZONE                        MIDDLE ZONE                            OUTER ZONE
                    water quality &           25 ft. wide;                           50+ ft. wide;                          25+ ft. wide;
                    aquatic habitat           mature forest;                         managed forest;                        forest or turf;
                    enhanced.                 very restricted uses.                  restricted uses.                       few restrictions.
                    Sou rce: Schueler, WPT 2/94, p. 19 (Grapqhic Courtesy of the Center for Watershed Protection)


                      Vegetated Riparian Buffers and Buffer Ordinances
 




                   The outer buffer zone must be a minimum of 25             11. Problems and
               feet wide and composed of forest or turf. It is the                 Solutions for Buffers
               buffer's buffer, an additional 25-foot setback from the
               outward edge of the middle zone to the nearest per-                 and Buffer Ordinances
               manent structure. It is usually a residential backyard.
               The only major restrictions are no septic systems, no
               new impervious surfaces, and no new permanent                 Mv AKE THE BUFFER ORIMMANCE FLEMBLE
               structures (WPT Summer 1995, p. 157).                         TO PROTECT THE RMHTS OF THE
                                                                             PROPERTY OWNER

               0 Buffer Sys@sm ManagemeM                                         Since in most watersheds a 100-foot buffer
                                                                             ordinance will take about 5% of the total land area
               Buffer management is covered in depth in the                  out of development consideration, many communi-
               following section.                                            ties are concerned that stream buffer requirements
                                                                             could represent an uncompensated taking of private
                                                                             property. This situation can be mitigated by making a
                                                                             buffer ordinance more flexible (WPT Summer 1995,
                                                                             P. 162).


                                                                                 To address the concern that stream buffer require-
                                                                             ments could represent an uncompensated taking of
                                                                             private property, a community can incorporate
                                                                             several simple measures to ensure fairness and
                                                                             flexibility when administering its buffer program
                                                                             (WPT Summer 1995, p. 162).

               A buffer between a golf course and tidal creek.                   "Buffer ordinances that retain property in private
                                                                             ownership generally are considered by the courts to
                                                                             avoid the takings issue, as buffers provide compel-
                                                                             ling public safety, welfare, and the environmental
                                                                             benefits to the community that justify partial
                                                                             restrictions on land use. Most buffer programs meet
                                                                             the 'rough proportionality' test recently advanced by
                                                                             the Supreme Court for local land use regulation.
                                                                             [S]trearn buffers are generally perceived to have a
                                                                             neutral or positive impact on adjacent property value.
                                                                             The key point is that the reservation of the buffer
                                                                             cannot take away all economically beneficial use for
                                                                             the property." Six techniques described below can
                                                                N t,@
                                                                             ensure that the interests of the property owners are
               A buffer between an agriculturalfield and a waterbody.        protected (WPT Summer 1995, p. 162)(Also see
                                                                             Wenger and Fowler, p.21).



                                                                                           Vegetated Riparian Bufters and Buffer Ordinances


















                         J


                                                     4,




               No buffer between development and the water                       A consistent buffier between development and the water




               1. BufferAverag@ng                                                3. Conservation Easements

                   Buffer averaging permits the buffer to become                      "[An] easement conditions the use of the buffer,
               narrower at some points along the stream, as long as              and can be donated to a land trust as a charitable con-
               the average width of the buffer meets the minimum                 tribution that can reduce an owner's income tax bur-
               requirement. However, buffer narrowing must be                    den. Alternatively, the conservation easement can be
               limited, so that the strearnside zone is not disturbed            donated to a local government, in exchange for a re-
               and no new construction is allowed within the                     duction or elimination of property tax on the parcel."
               100-year floodplain. Since continuity in the buffer is            (WPT Summer 1995, pp. 162-163)
               as important as width, do not allow more than 10%
               of the buffer to be less than 33 feet (10m) wide (WPT             4. Purchase Of Deve@Opment Rights
               Summer 1995, p. 162).
                                                                                     Purchase of development rights could be consid-
               2. Density CompensaVon                                            ered by local governments if a proposed buffer would
                                                                                 encompass all or nearly all of a property owner's de-
                   "This scheme grants a developer a credit for                  velopable land. It is "a tool that achieves some of the
               additional density elsewhere on the site, in compen-              same goals as conservation easements, in that another
               sation for developable land that has been lost due to             landowner may purchase the rights to develop a prop-
               the buffer requirement.... Credits are granted when               erty from the owner. When the land is sold or inher-
               more than 5% of developable land is consumed. The                 ited, it retains the prohibition against development."
               density credit is accommodated at the development                 (WPT June 1997, p. 479)
               site by allowing greater flexibility in setbacks, front-
               age distances or minimum lot sizes to squeeze in 'lost            5. Vailances
               lots.' Cluster development also allows the developer
               to recover lots that are taken out of production due to               "The buffer ordinance should have provisions that
               buffers and other requirements. The intent of stream              enable an existing property owner to be granted a
               buffers is to modify the location but not the intensity           variance or waiver, if the owner can demonstrate
               of development." (WPT Summer 1995, pp. 162-163)                   severe economic hardship or that unique circum-
                                                                                 stances make it impossible to meet some or all of the

                    Vegetated Riparian Buffers and Buffer Ordinances






                      buffer requirements. The owner should also have                                      PMMT BUFFER BOUMDAMES ON ALL
                      access to a defined appeals process should the                                       DEVELOPMENT PLANS
                      request ... be denied." (WPT Summer 1995, p. 163)
                                                                                                                Buffer boundaries are often invisible to property
                      (B. s(MOCUve Flrun@ng and Ueallng                                                    owners, developers, and even local government
                            @a Prov@da a Mww Carildor                                                      officials. Without defined boundaries, urban buffers
                                                                                                           are subject to encroachment and incompatible uses.
                            Allow property owners to prune vegetation in a                                 Landowners are more often unaware of buffers than
                      portion of the buffer on their property to afford them                               deliberately violating buffer boundaries.
                      a view of the water, a "view corridor." Keep such
                      corridors either 75 feet wide or one-third the width of                                    Over 60 percent of the local governments
                      each lot, whichever is less. A landowner should also                                 surveyed in a national survey of 36 local buffer
                      have the option to submit a selective clearing and land-                             programs (Heraty, 1993) indicated that most
                      scaping plan for the view corridor. Such a plan must                                 individual property owners were unaware of either
                      leave or replace enough vegetation in the corridor to                                the boundary or the purpose of a buffer. One-time
                      maintain the value of the buffer. To prevent conver-                                 legal disclosures, such as notes on the deed of sale,
                      sion of the area to turf, do not allow pruning below a                               were usually the only notification given to property
                      height of three feet.                                                                owners about buffer limits. Local governments need
                                                                                                           to record the buffer boundaries on their own official
                                                                                                           maps. Such buffer maps are necessary so local
                                                                                                           governments can inspect and manage their network
                                                                                                           of buffers and evaluate the potential impact of new
                         ï¿½  View corridor to be maintained by pruning brush to a                           development at specific sites in the buffer network
                            height of 3'                                                                   (VvTT 2/94, pp. 19-20).
                         ï¿½  View corridor at shore = 3371 00'of buffer length at
                            coastal feature = 33%                                                                In a study of 21 buffers in Seattle ranging from
                                                  Drivewal                                                 two to eight years old, ninety-five percent had been
                                                                                                           visibly altered, including tree removal, conversion into
                                                                                                           lawns, and erosion by stormwater runoff. In one
                                                  Dwelling                                                 hundred percent of the residential lots located within
                                                                                                           narrow buffer networks, natural vegetation had been
                                                                                                           cleared and replaced by lawns. Encroachment into
                                     Lawn                        Lawn                                      riparian buffer zones is extremely difficult to control.

                                                -
                                                  Vi                                                       (WPT 2/94, pp. 20-21). Having boundaries for
                                                 Corridor           ffer area                              vegetated buffers printed on all development plans
                                  Buffer a@rea                                                             delineates the limits of disturbance during construc-
                            <-- to remain         4'wide            remain
                                  undisturbed    walkover         undisturbed        50' buffer
                                                <-- 33'                                 '100, lot          tion, decreasing the likelihood that contractors will
                                                                                        width at           encroach or disturb the buffer (WPT February 1994,
                                                                                        edge of            P. 19).
                                                                       r area







                                                                                        marsh
                                                                  -uffa
                                                                  to remain
                                                                  un,   turbed


                            ___@Edge of marsh




                                                                    Edge of creek
                                                   FD.ck]


                                                                                                                            Vegetated Riparian Buffers and Buffer Ordinances





                                                                                          the entry of construction equipment and
                                                                                          stockpiling;
                                                                                      0   Mark the buffer boundaries with permanent
                                                                                          signs that describe allowable uses;
                                                                                      0   Conduct annual bufferwalks to check on
                                                                                          encroachment;" (WPT Summer 1995,
                                                                                          pp- 160-162)
                                                                                      0   Inform buffer owners using pamphlets,
                                                    - -----                               interpretive buffer-walks, and meetings with
                                                                                          homeowners associations;
                                                                                      0   Ensure new property owners are made aware
              A buffer and woodenfootpath to nfini'nuze erost.on.                         of the buffer limits/uses when property is sold
                                                                                          or transferred;
                                                                                      0   "[S]ome kind of limited enforcement
              ACT@VELY MANAGE BUFFERS                                                     program may be necessary. This usually
                                                                                          involves a series of correction notices and site
                   Due to staff constraints, in almost every jurisdic-                    visits, with civil fines used as a last resort....
              tion surveyed in the Seattle study, only one inspec-                        Some buffer ordinances have a further
              tion of property within buffer zones is performed,                          enforcement option, whereby the full cost of
              usually at the end of construction. Subsequent                              buffer restoration is charged as a property
              post-construction "bufferwalks" are rare or nonexist-                       lien." (WPT Summer 1995, p. 162)
              ent (WPT 2/94, p. 20). However, after requiring                    WMIMVE BUFFER CROSMNGS AND
              buffers during development review, local
              governments must also make the effort to manage                    D@SRUPT@ONS TO THE STREAM NETWORK
              buffers after they become established. Render the                       "Fragmentation of the riparian corridor in urban
              buffers visible to contractors, users, and property
              owners before, during, and after construction. Install             watersheds can come from a variety of human
              silt fencing outside the limit of the buffer to keep silt          impacts; the most common and potentially damaging
              out of the buffer. Buffer education and enforcement                being road crossings. [In a University of Washington
              are also needed to protect buffer integrity (WPT 2/                study], the number of stream crossings (roads, trails,
              94, p. 21; WPT Summer 1995, p. 157).                               and utilities) increased in proportion to
                                                                                 development intensity.... In general, the more
              Additional recommendations for buffer                              fragmented and asymmetrical the buffer, the wider it
              management:                                                        needs to be to perform the desired functions (Barton
                    Verify the stream delineation in the field;                  et al., 1985)," (WPT June 1997, p. 486).
                   "Mark buffer limits on all plans used during
                   construction (i.e., clearing and grading plans,               1.   Develop performance criteria to specifically
                   and erosion and sediment control plans), plats,                    describe the conditions under which the stream
                   and other official maps;                                           or its buffers can be crossed with linear forms of
                   Conduct a preconstruction stakeout of buffers                      development, such as roads, bridges, and under-
                   to define limits of disturbance;                                   ground utilities. -
                   Mark the limits of disturbance with silt or                        "Crossing width: Minimum width to allow for
                   snow fence barriers, and signs to prevent                          maintenance access.

                   Vegetated Riparian Buffers and Buffer Ordinances





               0   Crossing angle: Use direct right angles to cross               Use the stream buffer as a stormwater filtering
                   streams since they require less clearing in the            system only "if basic maintenance can be assured,
                   buffer than oblique crossing angles.                       such as routine mowing of the grass filter and annual
               0   Crossing frequency: Allow only one road cross-             removal of accumulated sediments at the edge of the
                   ing within each subdivision                                impervious areas and the grass filter." (WPT
               0   Crossing elevation: All roadway crossings and              Summer 1995, p. 160)
                   culverts should be capable of passing the ultimate
                   100-year flood event, and, where feasible, lower               Constructing stormwater ponds on or near the
                   one culvert below stream invert to ensure water            stream provides treatment of the greatest possible
                   during low-flow periods  ...... (WT Summer 1995,           drainage area, making construction easier and cheaper.
                   pp. 158-159)                                               In some areas, ponds and wetlands "require the dry
               2.  Reduce road right-of-way in buffer zone, with              weather flow of a stream to maintain water levels and
                   utilities under pavement.                                  prevent nuisance conditions. Lastly, ponds and
               3.  Avoid crossing stream with mainline sewer.                 wetlands add a greater diversity of habitat types and
               4.  Site sewers out of buffers (WPT Summer 1995,               structure and can add to the total buffer width in some
                   p. 159).
               5.  Use buffers to minimize the impact of golf courses
                   on streams:
                   a.  Construct all fairway crossings perpendicu-
                       lar to the stream.
                   b.  Allow no more than one golf fairway
                       crossing for every 1,000 feet of buffer.
                   c.  Protect all wetlands with an extra buffer.
                   d.  Treat outflow with a combination              of
                       vegetative BMPs (filter, swale, wetland)
                       (adapted from Powell and Jolley, 1992) (WPT
                       Summer 1994, p. 74; WPT Summer 1995,
                       p. 158).
                                                                              Boardwalks over buffers prevent channelization of runoff
               00 MOY RELY UPOM THE BUFFER AS THE                             caused by dirtfootpaths.
               SOLE STORNWATER MANAGEMEMY TOOL


                   The capacity of vegetated buffers to remove
               pollutants in urban stormwater is fairly limited. In
               urban watersheds rainfall is rapidly converted into
               concentrated flow. If flow is allowed to concentrate,
               it forms a channel that effectively bypasses a buffer.
               As much as 90% of urban runoff concentrates before
               it reaches a buffer, ultimately crossing it in a channel
               or stormwater drain pipe. Therefore additional
               structural BMPs are usually needed to remove
               pollutants from runoff before they reach a stream
               (WPT Summer 1995, p. 155).

                                                                                          Vegetated Riparian Buffers and Buffer Ordinances




               cases. On the other hand, placing a pond or wetland             111. Examples of Existing
               in the buffer can create environmental problems,
               including the localized clearing of trees and stream                  Buffer Ordinances
               wanning   ...... (WPT Summer 1995, p. 160) Therefore,
               it is useful to consider possible performance criteria              Numerous states and communities have imple-
               that restrict the use of ponds or wetlands:                     mented requirements for various types and sizes of
                                                                               buffers. Some examples are given below (contact the
                    1.   "A maximum contributing area (e.g. 100                state or individual community for more detailed in-
                         acres);                                               formation).
                    2.   Clearing of the strearnside buffer zone only
                         for the outflow channel (if the pond is dis-          Brunswick, Maine
                         charging from the middle zone into the                    The city adopted 125-300 foot buffers from mean
                         stream);                                              high water within the Coastal Protection Zone. The
                    3.   Use ponds only to manage stormwater                   exact width is determined by the slope of the buffer,
                         quantity within the buffer." (WPT Summer              as designated on the town's land use map (USEPA,
                         1995,p.160)                                           1993, pp. 4-48).
               Buffer Design in Relation to Pavement:                          Chesapeake Bay
                                                                                   The states of Maryland and Virginia have buffer
                    "When the buffer receives flow directly from an            programs in effect to protect the Chesapeake Bay.
               impervious area, design curb cuts or spacers to spread          Both states require a 100-foot vegetated buffer along
               runoff evenly over the buffer strip. Locate the buffer          the shoreline of the Bay and its tributaries. In Mary-
               3 to 6 inches below the pavement surface to prevent             land, the buffer requirement is only applicable to new
               sediment deposits from blocking inflow to the buffer.           development; however, the requirement may be
               A narrow stone layer at the pavement edge can serve             waived if "good conservation practices" are utilized
               this purpose." (WPT Summer 1995, p. 160)                        at the shoreline. Virginia's Chesapeake Bay Preser-
                                                                               vation Act does provide for limited use within the
                                                                               buffer, generally allows for marinas and docks within
                                                                               the buffer, and can grant variances for utilizing land
                                                                               within the buffer area; however, no variance will re-
                                                                               sult in a vegetated buffer of less than 50 feet (except
                                                                               for agricultural uses) (Desbonnet et al., 1994).

                                                                               Alexandria, Virginia
                                                                                   The city requires buffers in all designated
                                                                               Resource Protection Areas (RPAs). Buffer must re-
                                                                               duce 75% of sediments and 40% of nutrients. Buff-
                                                                               ers of 100 feet are considered adequate to achieve
                                                                               this standard, and smaller widths may be allowed if
                                                                               they can be proven to meet sediment and nutrient re-
                                                                               moval requirements. "Indigenous vegetation removal
                                                                               is limited to that necessary to provide reasonable sight
                                                                               lines, access paths, general woodlot management, and
                                                                               BMP implementation." (USEPA, 1993, pp. 4-48)

                     Vegetated Riparian Buffers and Buffer Ordinances





                Queen Annes County, Mapyland                                         Beaufort's Buffer Regulations:
                    The county has a standard shoreline buffer of 300
                feet from the edge of tidal waters or wetlands, with at              "[A] buffer strip of existing or planted vegeta-
                least 50 percent forested (USEPA, 1993, pp. 4-48).              tion is established within the District, extending fifty
                                                                                feet perpendicular to and in a horizontal plane from
                Illinois                                                        the OCRM critical line. The purpose of this buffer
                    The state has adopted a five-sixths property tax            strip is to:
                exemption for vegetated buffers managed in accor-                    1.  provide a natural filtration system for runoff
                dance with a plan approved by the county conserva-                       from adjoining development that may enter
                tion district. The protected zone must be at least 66                    the waters;
        4       feet wide and "contain vegetation that 'has a dense                  2.  minimize erosion and help stabilize the
                top growth, forms a unifonn ground cover, [and] has                      streambank;
                a heavy fibrous root system."' (NPSN 4/5 1998,                       3.  provide a natural habitat for the flora and
                P.                                                                       fauna that exist in this important transition
                                                                                         area between wetland and upland areas.... The
                Massachusetts                                                            entire buffer must be maintained as an
                    The state's new Rivers Protection Act establishes                    undeveloped landscaped area.
                a 200-foot wide buffer zone along the state's peren-
                nial rivers and streams (NPSN 4/5 1998, p. 11).                      No development is permitted in the buffer with
                                                                                the exception of the following six uses:
                North Carolina
                    The state has adopted a 50-foot protected, veg-                  1.  Pedestrian and/or vehicular access ways
                etated zone on each side of the Neuse river (NPSN 4/                     leading to docks, fishing piers, boat
                5 1998, p. 11). In North Carolina's coastal zone man-                    landings ... provided that only permeable ... or
                agement program, the portion of the coastal zone that                    semi-permeable materials ... are used for
                lies within 75 feet of the water's edge is subject to                    vehicular access ways...
                permit approval for development purposes.                            2.  [the structures that the vehicular access ways
                                                                                         lead up to]
                Beaufort, South Carolina                                             3.  Use of grassed swales rather than drainage
                    To protect water quality and habitat, "a buffer strip                pipes is required...
                of 50 feet from the OCRM critical line was estab-                    4.  Approved flood control and erosion control
                lished in 1995 on all waterfront property. The buffer                    devices...
                strip must be maintained as an undeveloped landscape                 5.  Utility lines serving approved water/marsh
                or undisturbed natural area with some restricted uses                    uses or crossing the water/marsh...
                allowed in the area. The River Quality Overlay                       6.  Installation of playground equipment or
                District also establishes development setbacks of 50,                    benches, picnic tables or other similar
                100, and 150 feet from the OCRM critical line,                           outdoor furniture.
                depending on the intended development." (NPSN 4/
                5 1998, p. 11)                                                       Roads leading to bridges that cross the waterway
                                                                                [are allowed] provided the roads are placed approxi-
                                                                                mately perpendicular to the line of the buffer and pro-
                                                                                vided all shoulders are grassed.



                                                                                             Vegetated Riparian Buffers and Buffer Ordinances






                  The following uses within the River Quality Over-
              lay District shall be set back a minimum of fifty feet
              from the OCRM critical line: agricultural uses... regu-
              lation golf courses ... recreational parks and
              playgrounds ... drainage systems and retention ponds.

                  The following require a one hundred-foot setback:
              detached single family residential units, multi-fam-
              ily and attached residential units, parking areas and
              driveways, garages, [civic buildings] not larger than
              four thousand square feet, parking lots with no more
              than [6 spaces or 1000 square feet], ... and ROW
              [right-of-way] of two-lane road." (Beaufort County
              River Quality Overlay District Ordinance, pp. 3-6).
              Any uses not specified in the River Quality Overlay
              District must be set back a minimum of one hundred
              fifty feet.


              CONCLUSION


                  Vegetated     riparian buffers along urban
              waterbodies have proven to be effective against pol-
              luted runoff, flooding, and erosion while protecting
              aquatic and terrestrial habitats. However, scientific
              research often supports the use of buffers that are
              wider than what many communities are willing to
              accept. After informing citizens of the need for buff-
              ers and receiving public input, community leaders
              must decide on buffer widths that both afford a mea-
              sure of protection for riparian zones and are accept-
              able within the community (politically feasible). Use
              the information presented in this document as a guide
              for establishing appropriate buffers and for resolving
              any conflicts that may arise from a proposed buffer
              ordinance.












               (ED Vegetated Riparian Buffers and Buffer Ordinances






                WORKS CITED


                Anderson, S. and R. Masters. 1993. Riparian forest buff-         Dodd, Mark. 1998. A Summary of Management Recom-
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                                                                                 Flink, C., and R. Seams. 1993. Greenways - A Guide to
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                Barton, D.R., W.D. Taylor, and R.M. Biette. 1985. Dimen-         Saving the Chesapeake Bay. Chesapeake Bay Foundation.
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                                                                                 Charleston, South Carolina.
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                                                                                 MWCOG: Metropolitan Washington Council of Govern-
                Carter, W.R. 1988. On the necessity of maintaining unde-         ments, Washington, DC. 199 1. Coastal Urban NPS Man-
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                etated Buffers in the Coastal Zone - A Summary Review
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                                                                                              Veagetalied Ripirian Buffers and Buffer Ordinances










               coastal zone. Metropolitan Washington Council of Gov-                   Volume 1, No. 1, February, 1994, Schueler,
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               Washington, DC. 740 pp.                                         Welch. Effects of Urbanization on Small Streams in the
                                                                               Puget Sound Lowland Ecoregion, pp. 483-494.
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               Resources Center, Rhode Island Sea Grant, University of
               Rhode Island, July 1994.

               Wenger, Seth, and Laurie Fowler. 1999. Guidebookfor
               Developing Local Riparian Buffer Ordinances. Institute
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               Wildlife Habitat Enhancement Council. 1992. The Eco-
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               WPT: Watershed Protection Techniques Center for
               Watershed Protection, Thomas R. Schueler, editor in
               chief.


















                    Vegetated Riparian Buffers and Buffer Ordinances



















              ACKNOWLEDGMENUS



              Project Publication Coordinator                       April Turner, SCDHEC/OCR1\4-
                                                                    Planning Division
              Editorial content                                     Ward Reynolds, Debra Hernandez,
              provided by                                           and Lisa HaJar, SCDHEC/OCRM -
                                                                    Planning Division
              Art Director                                          Cristi Home, SCDHEC

              Photography                                           OCRM

              Printing                                              Sun, Inc.
                                                                    Orangeburg, SC

              For questions about this booklet or for additional information, please contact the Planning Division
              of SCDHEC/OCRM at (843) 744-5838.
















                                                                              Vegetated Riparian Buffers and Buffer Ordinances @9





                                                          NOTES












































                                     The photographs on pages 4, 6, 12, and 13
                                           were taken at Dewees Island.







                                                                                                              N    COASTAL SSERVICC CTR LIBRA
                                                                                                                AA                         RY


                                                                                                                  6668 141 4043 6























                                     OFFICE OF                                                               D         H         E         C
                               OCEAN AND COASTAL
                            RESOURCE MANAGEMENT                                          9

                     SOLIth Carolina Department of Health
                         and Environmental Control                                                           PROMOTE PROTECT PROSPER




                                                                  Printed November 1999
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