25 Pa. Code § 102.14 - Riparian buffer requirements
(a)
General requirements for mandatory riparian buffers.
(1) Except as in accordance with subsection
(d), persons proposing or conducting earth disturbance activities when the
activity requires a permit under this chapter may not conduct earth disturbance
activities within 150 feet of a perennial or intermittent river, stream, or
creek, or lake, pond or reservoir when the project site is located in an
exceptional value or high quality watershed attaining its designated use as
listed by the Department at the time of application and shall protect any
existing riparian buffer in accordance with this section.
(2) Except as in accordance with subsection
(d), persons proposing or conducting earth disturbance activities when the
activity requires a permit under this chapter where the project site is located
in an Exceptional Value or High Quality watershed where there are waters
failing to attain one or more designated uses as listed in Category 4 or 5 on
Pennsylvania's Integrated Water Quality Monitoring and Assessment report, as
amended and updated, at the time of the application, and the project site
contains, is along or within 150 feet of a perennial or intermittent river,
stream, or creek, lake, pond or reservoir shall, in accordance with the
requirements of this section do one of the following:
(i) Protect an existing riparian forest
buffer.
(ii) Convert an existing
riparian buffer to a riparian forest buffer.
(iii) Establish a new riparian forest
buffer.
(b)
Riparian forest buffer criteria. To qualify as a riparian
forest buffer under this chapter, an existing, converted or newly established
riparian forest buffer, whether mandatory or voluntary, must meet the following
requirements related to composition, width and management:
(1)
Composition. A riparian
forest buffer is a riparian buffer that consists predominantly of native trees,
shrubs and forbs that provide at least 60% uniform canopy cover. An existing
riparian forest buffer does not have to be altered to establish individual
Zones 1 and 2 under subparagraph (iii). At a minimum, it must have a total
aggregate width of the combined zones under paragraph (2).
(i)
Existing riparian buffer
conversion to a riparian forest buffer. Riparian buffers that consist
predominantly of native woody vegetation that do not satisfy the composition of
this paragraph or the width requirements in paragraph (2) shall be enhanced or
widened, or both, by additional plantings in open spaces around existing native
trees and shrubs that provide at least 60% uniform canopy cover. An existing
riparian forest buffer does not have to be altered to establish individual
Zones 1 and 2 under subparagraph (iii). At a minimum, it must be a total
aggregate width of the combined zones under paragraph (2). Noxious weeds and
invasive species shall be removed or controlled to the extent
possible.
(ii)
Riparian
forest buffer establishment. On sites without native woody
vegetation, a riparian forest buffer shall be established and be composed of
zones in accordance with subparagraph (iii), and meet the width requirements in
paragraph (2). Noxious weeds and invasive species shall be removed or
controlled to the extent possible.
(iii)
Zones.
(A)
Zone 1. Undisturbed
native trees must begin at the top of the streambank or normal pool elevation
of a lake, pond or reservoir and occupy a strip of land measured horizontally
on a line perpendicular from the top of streambank or normal pool elevation of
a lake, pond or reservoir. Predominant vegetation must be composed of a variety
of native riparian tree species.
(B)
Zone 2. Managed native
trees and shrubs must begin at the landward edge of Zone 1 and occupy an
additional strip of land measured horizontally on a line perpendicular from the
top of streambank or normal pool elevation of a lake, pond or reservoir.
Predominant vegetation must be composed of a variety of native riparian tree
and shrub species.
(2)
Average minimum widths.
(i)
Waters other than special
protection. A total of 100 feet (30.5 meters), comprised of 50 feet
(15.2 meters) in Zone 1 and 50 feet (15.2 meters) in Zone 2 for newly
established riparian forest buffers established under subsection (e)(3) along
all rivers, perennial or intermittent streams, lakes, ponds or
reservoirs.
(ii)
Special
protection waters. A total of 150 feet (45.7 meters), comprised of 50
feet (15.2 meters) in Zone 1 and 100 feet (30.5 meters) in Zone 2 on newly
established riparian forest buffers along all rivers, perennial or intermittent
streams, lakes, ponds or reservoirs in special protection waters (high quality
and exceptional value designations).
(iii)
Average riparian forest buffer
width. The average riparian forest buffer width shall be calculated
based upon the entire length of streambank or shoreline that is located within
or along the boundaries of the project site. When calculating the buffer length
the natural streambank or shoreline shall be followed.
(3)
Management requirements.
Existing, converted and newly established riparian forest buffers shall be
managed in accordance with a riparian forest buffer management plan in
paragraph (4) and will be protected in accordance with subsection
(g).
(4)
Management
plan. The riparian forest buffer management plan shall be a part of
the PCSM Plan and include, at a minimum, the following:
(i) A planting plan for converted or newly
established riparian forest buffers that identifies the number, density and
species of native trees and shrubs appropriate to geographic location that will
achieve 60% uniform canopy cover.
(ii) A maintenance schedule and measures for
converted or newly established riparian forest buffers to ensure survival and
growth of plantings and protection from competing plants and animals including
noxious weeds and invasive species over a 5-year establishment period including
activities or practices used to maintain the riparian forest buffer including
the disturbance of existing vegetation, tree removal, shrub removal, clearing,
mowing, burning or spraying in accordance with long-term operation and
maintenance.
(iii) An inspection
schedule and measures to ensure long-term maintenance and proper functioning of
riparian forest buffers meeting the requirements in paragraph (1), including
measures to repair damage to the buffer from storm events greater than the
2-year/24-hour storm.
(c)
Mandatory requirements for all
riparian buffers.
(1)
Management of stormwater into the riparian buffer. Stormwater
and accelerated erosion and sedimentation shall be managed in accordance with
§§
102.4(b)-(e) and
102.8 (relating to erosion and
sediment control requirements; and PCSM requirements) to ensure that stormwater
enters the area upgrade and along the riparian buffer as sheet flow or shallow
concentrated flow during storm events up to and including the 2 year/24 hour
storm.
(2)
Wetlands. Wetlands located in the riparian buffer shall be
protected and maintained consistent with Chapter 105 (relating to dam safety
and waterway management).
(3)
Measurements. Riparian buffers must be measured horizontally
and perpendicularly to the bank with no more than a 10% variation below the
minimum width from the normal pool elevation for lake, pond or reservoir and
from top of streambank.
(d)
Exceptions.
(1) Subsection (a) does not apply for earth
disturbance activities associated with the following:
(i) A project site located greater than 150
feet (45.7 meters) from a river, stream, creek, lake, pond or
reservoir.
(ii) Activities
involving less than 1 acre (0.4 hectare) of earth disturbance.
(iii) Activities when permit coverage is not
required under this chapter.
(iv)
Activities when a permit or authorization for the earth disturbance activity
required under this chapter was obtained, or application submitted prior to
November 19, 2010.
(v) Road
maintenance activities so long as any existing riparian buffer is undisturbed
to the extent practicable.
(vi) The
repair and maintenance of existing pipelines and utilities so long as any
existing riparian buffer is undisturbed to the extent practicable.
(vii) Oil and gas, timber harvesting, or
mining activities for which site reclamation or restoration is part of the
permit authorization in Chapters 78 and 86-90 and this chapter so long as any
existing riparian buffer is undisturbed to the extent practicable.
(viii) A single family home that is not part
of a larger common plan of development or sale and the parcel was acquired by
the applicant prior to November 19, 2010.
(ix) Activities authorized by a Department
permit under another chapter of this title which contains setback requirements,
and the activity complies with those setback requirements.
(2) For earth disturbance activities
associated with the following, the Department, or the conservation district
after consultation with the Department, may grant a waiver from any of the
requirements of subsections (a) and (b) upon a demonstration by the applicant
that there are reasonable alternatives for compliance with this section, so
long as any existing riparian buffer is undisturbed to the extent practicable
and that the activity will otherwise meet the requirements of this chapter:
(i) The project is necessary to abate a
substantial threat to the public health or safety.
(ii) Linear projects which may include
pipelines, public roadways, rail lines or utility lines.
(iii) Abandoned mine reclamation activities
that are conducted under Department authorization or permit.
(iv) Projects of a temporary nature where the
site will be fully restored to its preexisting condition during the term of the
permit under this chapter.
(v)
Redevelopment projects which may include brownfields or use of other vacant
land and property within a developed area for further construction or
development.
(vi) Projects for
which compliance with subsection (a) or (b) is not appropriate or feasible due
to site characteristics, or existing structures at the project site.
(3) The applicant shall submit a
written request for a waiver to the Department or the conservation district as
part of the application for a permit under this chapter.
(4) An applicant requesting a waiver may
propose and the Department may allow offsite protection, conversion or
establishment of riparian forest buffers or provide compensation to fund
riparian forest buffer protection, enhancement or establishment.
(5) Projects qualifying for an exception
under this subsection are not relieved from compliance with other applicable
requirements of this chapter or other laws administered by the
Department.
(e)
Utilization of riparian forest buffers.
(1)
Antidegradation presumption.
Except for riparian buffers protected under subsection (a)(1) or (d),
a riparian forest buffer meeting the requirements of this section will prevent
thermal impacts and is a nondischarge alternative. When included in an E&S
Plan or PCSM Plan meeting the requirements of this chapter, the proposed earth
disturbance activity will satisfy §§
102.4(b)(6) and
102.8(h), unless
data or information provided or available to the Department during the permit
application or authorization review process shows that the proposed earth
disturbance activity will degrade water quality.
(2)
Trading or offsetting credits.
Except for riparian buffers protected under subsection (a)(1) or (d)
when protection of existing, or conversion, or the establishment of a riparian
forest buffer which meets the requirements of this section and is above
baseline regulatory requirements, credits may be available for trading or
offsets in accordance with any procedures established by the Department or any
regulations related to trading or offsetting developed under this title.
(3)
Voluntary riparian
forest buffer. Persons that protect, convert or establish a new
riparian forest buffer meeting the requirements of this section, may qualify
for benefits under paragraph (1) or (2).
(f)
Activities within a riparian
buffer.
(1) The following practices
and activities are prohibited within the riparian buffer:
(i) Soil disturbance by grading, stripping of
topsoil, plowing, cultivating or other practices except as allowed in paragraph
(3)(i).
(ii) Draining by ditching,
underdrains or other drainage systems.
(iii) Housing, grazing or otherwise
maintaining animals for agricultural or commercial purposes.
(iv) Storing or stockpiling
materials.
(v) Off-road vehicular
travel.
(2) The following
practices and activities are allowable in the riparian buffer when authorized
by the Department:
(i) Construction or
placement of roads, bridges, trails, storm drainage, utilities or other
structures.
(ii) Water obstructions
or encroachments.
(iii) Restoration
projects.
(3) The
following practices and activities are allowed within the riparian buffer:
(i) Activities or practices used to maintain
the riparian buffer including the disturbance of existing vegetation, and tree
and shrub removal, as needed to allow for natural succession of native
vegetation and protection of public health and safety.
(ii) Timber harvesting activities in
accordance with the riparian forest buffer management plan as part of the PCSM
Plan.
(iii) Passive or low impact
recreational activities so long as the functioning of the riparian buffer is
maintained.
(iv) Emergency response
and other similar activities.
(v)
Research and data collection activities, which may include water quality
monitoring and stream gauging.
(g)
Permanent protection of riparian
buffers.
(1) Existing, converted and
newly established riparian buffers including access easements must be protected
in perpetuity through deed restriction, conservation easement, local ordinance,
permit conditions or any other mechanisms that ensure the long-term functioning
and integrity of the riparian buffer.
(2) For any existing or newly established
riparian buffer, the boundary limits of the riparian buffer must be identified
and clearly marked.
(h)
Reporting. Persons who protect an existing riparian buffer or
convert or establish a riparian buffer in accordance with this section shall
complete data forms provided by the Department and submit the forms to the
Department or conservation district within 1 year of establishment or
protection.
Notes
The provisions of this § 102.14 issued under sections 5 and 402 of The Clean Streams Law (35 P. S. §§ 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).
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