26 CAR § 260-308 – Specific standards for riparian zones

(a)
1. (1) Generally, the minimum width desired for a zone will be fifty feet (50’).
2. (2) However, each project will be considered on a case-by-case basis by evaluating the:
  1. (A) Water flow of the stream;
  2. (B) Slope of the ground;
  3. (C) Type of vegetation; and
  4. (D) Use of land adjacent to the proposed zone.
(b) When feasible, an applicant will be encouraged to involve both sides of the stream in the proposed project.
(c) The grade must be controlled, either by natural or artificial means, before any permanent type of bank protection can be considered feasible, unless the protection can be safely and economically constructed to a depth well below the anticipated lowest depth of bottom scour.
(d) Stream bank protection shall be started and ended at a stabilized point on the stream provided such points exist on the taxpayer’s property.
(e) Structural measures must be able to withstand greater floods without serious damage and should avoid an increase in erosion.
(f) Vegetative protection shall be considered on the upper parts of eroding banks, including areas that are susceptible to infrequent inundation.
(g) The riparian zone will be an area large enough (width and length) to maintain adequate protection and integrity of the water course and associated bank or shoreline.