Stream Buffers and Easements

What Is a Stream Buffer?

Figure 5 Benefits of Healthy Stream Buffers

A stream buffer is the undeveloped area parallel and adjacent to a stream that protects and enhances water quality. To be effective, a buffer should harbor abundant native woody vegetation that helps slow down, store and infiltrate runoff. These actions lower the likelihood of erosion, gullying, and downstream flooding (See Figure 5). Buffers should not have channels or pipes concentrating flow or experience much disturbance from transportation or utility corridors, structures, grading, or other human uses. These activities may compromise the ability of the buffer to serve its purpose. 

How Do I Know if I Have a Stream Buffer on My Property?

Visit the Town’s online Geographic Information System (GIS)[1] to determine if there is a stream buffer on your property. Click on the “Development Constraints” layer to see the buffers. Note that the data shown in the GIS does not represent surveyed data, and is, therefore, an approximation, and may need to be field verified. Stormwater and/or Planning staff are available to field questions. Contact information is available in Appendix 1 and at the Town's Directory[2]. Figure 6 shows a stream with its surrounding stream buffers. Zone 1 buffers  begin at the top of the stream bank and extend away from the stream and must remain largely undisturbed. Zone 2 buffers extend further beyond Zone 1 and  must be vegetated, but certain activities not allowed in Zone 1 are allowed in Zone 2. 

Figure 6 Zones 1 and 2 Stream Buffers

How Do I Maintain a Stream Buffer on My Property?

Natural debris from outside the stream buffer, like bucked and or split logs, grass clippings, collected leaf piles, garden trimmings, etc., should in general not be stored within stream buffers. This material can impact the vegetation and runoff in the buffer and potentially impact stream health and water quality. Naturally occurring downed trees and vegetative debris from within the buffer itself should be left to complete the natural decomposition cycle. More technical advice on streams and buffers is available from the Stormwater Division of Public Works upon request. Contact the Stormwater Division at Stormwater@townofcarrboro.org for more information or to arrange a visit.

What Is Allowed and Prohibited Within a Stream Buffer?

The Town enforces Water Quality Buffers as part of the Land Use Ordinance, Article XVI, Section 15-269.5, which outlines allowed and regulated activities. If a particular activity or use is not specified, it is prohibited. 

The following is not intended to specifically interpret or substitute for these provisions but provides generalizations about managing vegetation in the buffer. Vegetation management within the Water Quality Buffer is allowable in these situations:

●        Conducting emergency fire control measures provided that the buffer is restored

●        Mowing and harvesting of plants in Zone 2 only

●        Planting to enhance the riparian buffer

●        Pruning without compromising the health and function of the forest vegetation

●        Removing individual trees which are dead, diseased, or damaged; are in danger of causing damage to dwellings, other structures or human life; or are imminently endangering the stability of the streambank

●        Taking out poison ivy and invasive exotic vegetation as defined by the NCDENR[3].

Learn more about the role of stream buffers and how to restore or enhance them from the Clean Water Partnership[4]. Technical and regulatory guidance can be found in the Land Use Ordinance Article XVI[5].

How Do Easements Affect Activity on My Property?

An easement allows property owners to grant use of some amount of their land to others while retaining ownership and full access to the area. Most easements include a prohibition on building in or blocking the easement. Easements are recorded with the Orange County Register of Deeds. There are 3 types of easements in Carrboro: 

Public Easements for Stormwater include drainage easements that allow the Town to maintain stormwater infrastructure on private property. They are generally granted and recorded to the Town. 

Utility Easements are designated for overhead and underground electric, water, sewer, gas, telephone, and cable lines. The property owner may maintain the easement area but may limit use dependent on the easement holder’s requirements. For more information on utility easements, please see the following websites:

·         Duke Energy Easements:

https://www.duke-energy.com/community/trees-and-rights-of-way/what-is-a-right-of-way

·         Dominion Energy Easements:

https://www.dominionenergy.com/company/safety/public-safety/right-of-way-use

·         Piedmont Electric Easements:

https://pemc.coop/about-my-co-op/right-of-way/

·         OWASA (Orange Water and Sewer Authority)

https://www.owasa.org/wastewater/ 

OWASA manages all easements it holds separately from local governments. For more information on OWASA-held easements, please contact OWASA directly at info@owasa.org or 919-968-4421.

Private Easements are restricted to and benefit a limited number of persons or a specific person. Examples are the right to use a driveway to access land, an HOA-owned drainage easement, or an access point to perform repairs or maintenance to a private stormwater infrastructure.

You can find out if there is an easement on your property by doing a plat/deed search with the Orange County Register of Deeds in person at the Orange County Courthouse (228 Churton St. in Hillsborough) or online[6]. Once you have determined the holder of the easement, please contact them for direction on what is allowable.

The Town does not have municipal authority or jurisdiction to undertake any work on private property unless an easement has been offered to and accepted by the Town. This includes but is not limited to private drainage easements and private drainage structures.