Water Quality Buffers Do Not Apply to Piped Stream Sections
Water quality buffer requirements do not apply to stream sections that were piped prior to the
applicable buffer ordinance(s) going into effect. If at any time the pipe is removed and the
stream channel is exposed to the surface, then the stream becomes subject to buffer requirements.
Prior approval and mitigation is required for the piping of any stream section after the applicable
buffer ordinance has gone into effect provided the ordinance allows for this type of buffer
disturbance. State and/or federal mitigation does not satisfy the local mitigation requirement.
However, mitigation activities approved by a State or federal agency (acting pursuant to Sections
401 or 404 of the federal Clean Water Act) are exempt from the buffer requirements provided
disturbed areas are properly stabilized and seeded within seven (7) days of project completion.