RALEIGH -- State regulators are advising the public that modified rules protecting existing, 50-foot streamside (riparian) areas in the Neuse River become effective Jan. 22 and violators face potential fines.

The rule for Protection and Maintenance of Riparian Areas with Existing Forest Vegetation, which added some clarifying language, replaces the existing rule that has been in effect since July 22, 1997.

"These regulations are critical to protecting the Neuse and they are being enforced," said Greg Thorpe, head of the Division of Water Quality's Planning Branch. The maximum penalty is $10,000 for each incident per day. He added that assistance is being offered to those needing help understanding and complying with the rule.

Last December, the state Environmental Management Commission approved the Neuse River Nutrient Sensitive Waters Management Strategy along with the modified riparian area rule. The Neuse plan has a 5-year goal of reducing nutrient loading by 30 percent in the river basin. Excessive nitrogen lowers oxygen levels in the water, which can cause fish kills, algae blooms and other problems.

Thorpe said that streamside areas with dense tree and plant cover are highly effective in removing nitrogen before it reaches waterways. "Scientists estimate that the extensive root systems to this vegetation can remove up to 80 percent of the dissolved nitrogen before it reaches the water," he said.

The riparian area rule deems it illegal to remove existing forest vegetation in the first 30 feet of land -- known as Zone 1 -- directly adjacent to a stream or other waterbody except in certain situations, such as removing individual diseased trees or particular trees in danger of damaging dwellings or the stream bank. A restricted amount of tree harvesting is permitted in the outer 20 feet of this zone. Forest vegetation includes trees, shrubs, saplings, vines and herbaceous plants.

Zone 2 consists of an additional 20 feet on either side of the stream which must have dense plant cover. A limited amount of harvesting is allowed in this area.

For both zones of the riparian area, the landowner or caretaker is required to keep the trees and plants healthy and to promptly repair any eroded channels. Eroded channels short-circuit the riparian area's capability to remove nitrogen.

Both zones allow certain public uses such as road crossings, bridges and airport facilities if there are no practical alternatives and the structures minimize water quality impacts.

"Activities not allowed in either zone include new development and fertilizer use," Thorpe said. "Periodic mowing is allowed only in Zone 2 as long as water quality is not compromised."

For information or a copy of the riparian area rule, contact Marsha Byrd of the Planning Branch, Division of Water Quality, (919) 733-5083, extension 558.

Date Posted on Internet: January 27