NOTE: The following is a brief language model designed for municipalities as an example and illustration of the potential regulatory document. It is not a state or town regulation and does not substitute one. The structure of this document and three models presented here are examples that can be developed into full regulation model. Upland Review Areas are specific for Connecticut only and presented document illustrates their relationship with riparian buffer corridors.
Examples of Basic, Specific Area and Variable Area Models are possibilities that should be considered in potential regulatory document. The language presented here should/can be modified according to specific localities (i.e. townships, municipalities, etc.) and their environmental and economic conditions.
Examples of full regulatory documents that can be considered in drafting the final document are:
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Connecticut Department of Energy and Environmental Protection www.ct.gov/dep/cwp/view.asp?a=2719&q=325588&depNAV_GID=1654<http://www.ct.gov/dep/cwp/view.asp?a=2719&q=325588&depNAV_GID=1654>
The Connecticut Department of Energy and Environmental Protection (CT DEEP) Nonpoint Source (NPs) Program works to abate known water quality impairments and prevent significant threats to water quality from nonpoint source pollution. A significant strength of the program is its networked approach to nonpoint source management. CT DEEP has formed partnerships with a wide range of public agencies, industry organizations, and private (citizens) groups to implement nonpoint source management. Connecticut’s NPs Program is well-balanced, with an appropriate mix of statewide programs and geographically targeted watershed projects.
Long Island Sound Coastal Management Program http://nyswaterfronts.com/downloads/pdfs/LIS_Policies.pdf
The Long Island Sound Coastal Management Program policies presented in this chapter consider the economic, environmental, and cultural characteristics of the Long Island Sound coastal region. They take the place of the statewide policies of the New York State Coastal Management Program. The policies are comprehensive and reflect existing state laws and authorities. They represent a balance between economic development and preservation that will permit beneficial use of and prevent adverse effects on the Sound’s coastal resources. The policies are the basis for federal and state consistency determinations for activities affecting the Long Island Sound coastal area. They are also a guide for development of new Local Waterfront Revitalization Programs and revisions to approved Local Waterfront Revitalization Programs.
Center for Watershed Protection http://www.stormwatercenter.net/Model%20Ordinances/buffer_model_ordinance.htm
This ordinance focuses primarily on stream buffers.
USDA http://www.fsa.usda.gov/fsa/webapp?area=home&subject=copr&topic=cep
CREP is a federal-state natural resource conservation program targeted to address state and nationally significant agricultural related environmental problems.
USEPA http://www.epa.gov/NPs/ordinance/mol1.htm
This is a sample riparian buffer ordinances with ten sections. There are two sections that are very useful: Section VI : Design Standards for Forest Buffers, and Section VII: Buffer Management and Maintenance.
Arizona http://library.municode.com/index.aspx?clientid=16119&stateid=3&statename=arizona
Title 16, Chapter 16.30, of the Pima County Code: “Watercourse and Riparian Habitat Protection and Mitigation Requirements” was adopted by the Pima County Board of Supervisors on July 19, 1994. Chapter 16.54 was adopted for the purpose of enhancing wildlife values by preserving riparian vegetation along watercourses and floodplains.
Georgia http://www.rivercenter.uga.edu/publications/pdf/riparian_buffer_guidebook.pdf
By Seth J. Wenger and Laurie Fowler. (See in particular the Model Riparian Buffer Ordinance in page 59.) This is a sample riparian buffer ordinance, using a fixed width, written as an amendment to an existing zoning ordinance. It creates a new buffer overlay zone along all perennial and intermittent streams. Local governments that have not adopted a zoning ordinance may use a stand-alone version, available from the University of Georgia Institute of Ecology Office of Public Service and Outreach. A variable-width buffer ordinance is also available. Call 706-542-3948 or email [email protected] for further information.
Georgia – Etowah Habitat Conservation Plan http://www.etowahhcp.org/research/document/tech_rpt_stream_buffers_4-30-07.pdf
Stream buffer ordinances that protect riparian zones are considered essential tools for ensuring the survival of many aquatic organisms. While some jurisdictions participating in the Etowah Habitat Conservation Plan already have adequate buffer protections in place, many do not. The model stream buffer ordinance of the Metropolitan North Georgia Water Planning District, which many jurisdictions participating in the Etowah HCP must adopt in some form, provides a reasonable basis for local stream buffer regulations.
Georgia – University of Georgia http://www.rivercenter.uga.edu/service/tools/buffers/model_buffer_ordinance.htm
This is a sample riparian buffer ordinance written as an amendment to an existing zoning ordinance. This ordinance complies with the state minimum standards for river corridor protection as well as the minimum standards for water supply watershed protection that relate to riparian buffers. Some local governments may also be subject to additional requirements for water supply watershed protection. Language that is optional or variable is indicated by brackets and/or parentheses.
New Jersey – 10 Towns Great Swamp Watershed Committee http://www.tentowns.org/10t/ordstbuf.htm
This model ordinance has been prepared by the 10 Towns Great Swamp Watershed Committee as a prototype for adoption by its municipal government members. It is a sample of a riparian buffer ordinance.
New Jersey – Department of Environmental Protection http://www.state.nj.us/dep/watershedmgt/DOCS/pdfs/StreamBufferOrdinance.pdf
The purpose of this Ordinance is to designate Riparian Buffer Conservation Zones, and to provide for land use regulation there in order to protect the streams, lakes, and other surface water bodies of municipality; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within municipality; to protect the riparian and aquatic ecosystems of municipality; to provide for the environmentally sound use of the land resources of municipality, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives.
New Jersey – Department of Environmental Protection http://www.state.nj.us/dep/watershedmgt/DOCS/npsplan2001.pdf
This updated nonpoint source plan for New Jersey provides a detailed description of how the NJDEP, in concert with our partners and an informed public, will implement nonpoint source and stormwater management control strategies to continue this progress in maintaining and improving New Jersey’s water quality.
New Jersey – Stony Brook-Millstone Watershed Association http://www.thewatershed.org/info/SBMWA_StreamCorridorOrdPkgAug07.pdf
In 1995 the Stony Brook-Millstone Watershed Association began working on a model stream corridor ordinance under the Watershed Management Project. The Watershed developed a boilerplate document which could be introduced to all of the 26 municipalities within the watershed, and modified according to each township’s specific needs.
Oregon http://www.co.tillamook.or.us/Gov/ComDev/Planning/Riparian/
Tillamook County has proposed Ordinance Amendment OA-99-07 (Periodic Review Task 10: Riparian Overlay Zone): to amend the Tillamook County Comprehensive Plan to include new and/or revised inventory, analysis, findings and policies relating to water bodies and riparian areas, and to amend the Tillamook County Land Use Ordinance with a proposed Section 4.085 (Riparian Overlay Zone).
Virginia http://www.dcr.virginia.gov/soil_and_water/ordinanc.shtml
The 1998 Virginia General Assembly passed legislation introduced by the governor that allows local governments to provide additional protection to their waters without incurring out-of-pocket expenses. Localities can now grant tax incentives to encourage landowners to protect wetlands, riparian buffers and to develop erosion control structures, all of which will have a positive impact on water quality.