Riparian buffers, one of the provisions in SB 434, a gumbo of environmental laws, were doubted, defamed and denigrated as “veneer environmentalism” by Sen. Andy Wells. Yes that Sen. Wells, a self-described “fan of water quality: a Republican Realtor who co-sponsored a Regulatory Reform bill that would allow developers to destroy longer stretches of streams with impunity.
But back to the buffers. These areas of vegetation — brush, trees and the like — that flank waterways, both intermittent and continuous, are key to preventing flooding, filtering pollution and providing homes for wildlife.
“But do they work?” said Wells.
Well, yeah, according to science.
Current legislation requires local governments that want to supersede the puny 50-foot buffers mandated by the state to present scientific evidence that they need stricter rules in their watersheds. With that latitude, some jurisdictions, as NCPW reported last fall, have chosen to impose wider buffers — 100 feet to 250 feet depending on the vulnerability of their respective ecosystems.
Using that provision, Cary, Carrboro, Wake County and Orange County threw themselves on the mercy of the Environmental Management Commission, paying tens of thousands of dollars to produce scientific studies proving that their buffer rules were sound and necessary. These jurisdictions were allowed to keep their buffer rules.
However, cities and towns, said GOP Sen. Bill Rabon, “use this provision to get around the buffer rules.” To circumvent the municipalities’ alleged circumvention, SB 434 would put the kibosh on that, which would benefit the real estate and development communities
Local governments could not use science to plead their case. They would have to adhere to puny 50-foot buffers mandated by the state — unless these protections were implemented before 1997. This includes the Catawba River, a drinking water source for 2.5 million people and an area that has been heavily developed along the shoreline.
Sen. Floyd McKissick Jr., a Durham Democrat, noted that if the state’s geography were uniform — like Kansas — then perhaps this provision would make sense. “This [50-foot width] is a floor not a ceiling,” McKissick said. “We have areas with steep slopes and flat plains.”
Sen. Terry Van Duyn, a Buncombe County Democrat, asked Wells, “Why don’t we see if buffers are working?”
Wells, who, incidentally, co-sponsored the “Protection from Government Overreach Act”, used a false equivalency to justify the weak buffer rules. “How about everybody else, dumping nutrients from their yards into the street, which are piped straight into the creek?” he said. “We’re getting hung up on a buffer issue when there are other things [to consider].”
Both activities can be regulated, without precluding the other. Nonetheless, SB 434, which includes repealing a plastic bag ban on the coast, passed the rules committee with a favorable recommendation to the full Senate.