Categories of Buffer Disturbances
All buffer disturbances fall into one of three (3) categories as follows:
1. Exempt (buffer rules do not apply) – Buffer disturbances designated as exempt are
allowed within the buffer. Exempt disturbances must be designed, constructed and
maintained to minimize soil disturbance and to provide the maximum water quality
protection practicable.
2. Potentially Allowable (requires an “Authorization Certificate”) – Buffer disturbances
designated as potentially allowable may proceed provided it is demonstrated by the
applicant that there are no practical alternatives to the requested use as described in
Section 5.3. These disturbances require an Authorization Certificate from CharlotteMecklenburg Storm Water Services or in the case of some jurisdictions the authorization
must come from the local Zoning Board of Adjustment. Most of these disturbances will
require mitigation. The purpose of this mitigation is to offset the effect of a buffer
disturbance so there is minimal negative impact to surface water quality or aquatic life.
3. Prohibited (not allowed unless a variance is granted) – Disturbances designated as
prohibited may not proceed within the buffer unless a variance is granted. Site-specific
mitigation may be required as a condition of variance approval.
The types of disturbances that fall into the three (3) categories differ depending on the type of
buffer that applies and the jurisdiction where the buffer is located.