Riparian Buffer Facts

• On July 27, 2000, the Cary Town Council approved an ordinance amending its unified development ordinance to require riparian buffers within the Town’s jurisdiction and ETJ.
• The buffer rules were developed in response to the Neuse River Basin NSW rules for nitrogen control.
• To protect its finite natural resources, Cary has gone above and beyond the requirements of the Neuse rules.
• Instead of requiring 50 foot buffers on all USGS and Soil Survey streams Cary is requiring 100 foot riparian buffers on all USGS streams (perennial & intermittent) and 50 foot buffers on all streams mapped on the Wake County Soil Survey.
• In addition, the buffers are required across all of Cary including areas within the extra-territorial jurisdiction. This will include streams in the Neuse River and the Cape Fear River basins.

Where does the rule apply?

The buffer rule applies to all of the Town of Cary and within the extra-territorial jurisdiction (ETJ). The rule applies to waters in both the Neuse River Basin and Cape Fear River Basin.

What waters require 100 foot buffers?

All perennial and intermittent streams including lakes, ponds, and other bodies of water as indicated on the most recent version of the 1:24,000 scale (7.5 minutes) quadrangle topographic maps prepared by the United States Geological Survey (USGS) shall have a 100-foot wide riparian buffer directly adjacent to such surface waters, excluding wetlands.

What waters require 50 foot buffers?

All other surface waters as indicated by the most recent version of the Soil Survey of Wake County, North Carolina shall have a 50 foot-wide riparian buffer adjacent to such waters.

Can someone receive a variance from the rules?

Yes. For a variance from the 50 foot Neuse Buffer, application for variance must be made to the State of NC. All other variance requests may be made to the Town of Cary.

For additional FAQs about the buffer rules, see Riparian Buffer Protection Rules for the Neuse and Tar-Pamlico River Basins.

White Oak Park example (aerial photo with superimposed buffers)