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NCFS-Home >> Water Quality >> Beginning Steps: Regulations

Regulations

There are numerous rules and regulations that govern how forestry operations must be done in order to protect the quality of our water resources. These regulations come from both the state and federal government, and cover a wide array of topics that are related to forestry. In some cases, the rules apply across the entire state of North Carolina. In other cases, there are regulations that only apply to specific locations.

Additionally, there are situations in which a federal or state regulatory agency has developed written guidance on how to interpret a specific regulation for practical application. These guidance documents, while not technically considered laws, should be carefully considered if you want to undertake the activity that is being discussed.

The information below is not a complete listing of all possible applicable regulations. You should seek assistance from a consulting forester, the N.C. Forest Service, or other natural resources professionals to obtain further advice if you have questions, and you should stay up-to-date on changes to these regulations or the establishment of new laws.

These regulations are explained in further detail within the North Carolina Forestry Best Management Practices Manual to Protect Water Quality.

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Where it applies:
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Forestry Effects:
Forest Practices Guidelines Related to Water Quality
Statewide
State
Administrative Code 15A NCAC 01I .0100-.0209
All forestry-related, site-disturbing activities must comply with the 9 performance standards defined within the FPG's if they wish to remain exempt from the additional requirements of the SPCA.
 
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Forestry Effects:
Forest Sedimentation Pollution Control Act of 1973
Statewide
State
NC General Statutes: Article 4, Ch. 113A
Can effect all forestry-related, site-disturbing activities. The FPG's and the so-called 'forestry exemption' are defined within this law.
 
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Forestry Effects:
Obstructing Streams a Misdemeanor
Statewide
State
N.C. General Statute 77-13
This law describes restrictions on obstructing designated waterways.
 
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Forestry Effects:
Obstructions in Streams and Drainage Ditches
Statewide
State
N.C. General Statute 77-14
This law describes restrictions on obstructing designated waterways.
 
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Where it applies:
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Forestry Effects:
Neuse River Basin Riparian Buffer Rule
Drainage system within the Neuse River basin
State
Administrative Code 15A NCAC 02B .0233
Limitations on forestry activities within the designated 50-foot wide riparian buffer zone.
 
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Forestry Effects:
Tar-Pamlico River Basin Riparian Buffer Rule
Drainage system within the Tar-Pamlico River basin
State
Administrative Code 15A NCAC 02B .0259
Limitations on forestry activities within the designated 50-foot wide riparian buffer zone.
 
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Forestry Effects:
Catawba River and Mainstem Lakes Riparian Buffer Rule
Catawba River and alongside mainstem lakes of the river
State
Administrative Code 15A NCAC 02B .0243
Limitations on forestry activities within the designated 50-foot wide riparian buffer zone.
 
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Forestry Effects:
Randleman Lake Watershed Riparian Buffer Rule
Watershed drainage area of the Randleman Lake/Resevoir
State
Administrative Code 15A NCAC 02B .0250
Limitations on forestry activities within the designated 50-foot wide riparian buffer zone.
 
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Forestry Effects:
North Carolina Coastal Area Management Act (CAMA)
In the 20 coastal zone counties
State
North Carolina General Statutes Ch. 113A; 103(5)b.4
A permit may be needed for forestry-related activities that involve excavation or filling of certain types of wetlands, as defined within the law.
 
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Forestry Effects:
North Carolina Dredge and Fill Law
Specific wetland types of bodies of water as defined in the law
State
North Carolina General Statutes Ch. 113-229
A permit may be needed for forestry-related activities that involve excavation or filling of certain types of wetlands, as defined within the law.
 
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Forestry Effects:
Fifteen Required Practices for Forest Roads in Wetlands
Wetlands
Federal
33 CFR Part 323.4 - Discharges Not Requiring Permits
These 15 practices are required in order to remain exempt from having to obtain a federal Section 404 permit for forest roads in wetlands.
 
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Forestry Effects:
Memorandum to the field Related to the Silviculture Exemption
Wetlands
Federal
U.S. Army Corps of Engineers and U.S. Environmental Protection Agency
This memo describes six required practices for mechanical silvicultural site prep activities that are undertaken for establishment of pine plantations in the southeast. This memo also outlines those situations in which a federal section 404 permit is required to undertake these same types of activities.
 
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Forestry Effects:
Information Regarding Compliance with the Federal Clean Water Act
Wetlands
Federal
U.S. Army Corps of Engineers, Wilmington District, Regulatory Division
This document contains specific guidance for forest roads in wetlands.
 
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Where it applies:
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Forestry Effects:
Act to Clarify the Role of Counties and Cities in Regulating Certain Forestry Activities
Statewide
State
North Carolina General Statutes Ch. 153A-452
Clarifies the role of counties and cities in regulating certain forestry activities; also known as the "Right to practice forestry bill".
 
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Forestry Effects:
Goose Creek Watershed Riparian Buffer Rule
Watershed drainage area of Goose Creek in Mecklenburg and Union counties
State
Administrative Code 15A 02B .0600-.0609
Limitations on forestry activities within either a 100-foot or 200-foot wide riparian buffer zone, depending upon location within the floodplain.
 
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Forestry Effects:
Jordan Lake Watershed Riparian Buffer Rule
Watershed drainage area of Jordan Lake
State
Administrative Code 15A NCAC 02B .0267
Limitations on forestry activities within the designated 50-foot wide riparian buffer zone.
 
 
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This page updated: Thursday, June 21, 2012 11:11