What's the Beef with Buffers? PLEASE support 100 foot buffer ordinance!

an email from Tom Teuber, Nov. 24, 2008:

Dear Homeowners,

It seems that the SC Landowners Association has stirred up some opposition to amending Richland County Code regarding land use. Close study indicates that the ordinance will most impact those who want to develop land right next to the water. It's measures appear to be geared towards protecting those of us living on the water from developers whose activities might impact the water we live on. The buffers referred to in the revisions apply only to land to be developed --not all lands and neighborhoods in Richland County.

a. The buffers included in the stormwater revisions are not what some are trying to imply are "a taking."
b. Buffers are a commonly used environmental protection tool used throughout the US. They are effective and not considered 'a taking.'
c. Right now, Richland County has a 10 ft buffer rule.
d. Landowners along water bodies have not had their land "taken"by the existing language, nor will they.
e. Any regulation protecting health (including environmental health) safety and/or welfare is not a taking. Any taking can be overcome using the Green Code, already in effect in Richland County. The Green Code provides a developer flexibility in creating smaller lots in exchange for buffers that protect the environment.
f. Lexington County already has these regulations.
g. Lakeside homeowners in Lexington County have not had their land taken from them, and certainly are not "having their property taken" from them as the SC Landowners Assoc. literature that states.
h. EPA and SCDHEC have approved of the proposed 100-foot buffers in the revisions.
i. If passed, the new buffer rule would NOT affect the use of your backyard--EVER.

Title:AN ORDINANCE AMENDING THE RICHLAND COUNTY CODE OF
ORDINANCES;CHAPTER 26, LAND DEVELOPMENT; SO AS TO IMPROVE RICHLAND COUNTY'SWATER QUALITY, PROTECT THE ENVIRONMENT, AND COMPLY WITH THE COUNTY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)PERMIT REQUIREMENTS.

What this ordinance will do:It will benefit Richland County's efforts to improve water quality, it will serve as an addedmeasure to protect the environment and it supports compliance with our NationalPollution Discharge Elimination System (NPDES) Permit.Richland County is currently operating under its second five-year National PollutantDischarge Elimination System (NPDES) permit to govern stormwater quality in County jurisdictional areas. DHEC issued the permit and it is effective from September 11, 2006through September 10, 2011. This reissued permit also covers two Co-Permittees, theTown of Arcadia Lakes and City of Forest Acres, for NPDES Phase II regulations.The changes to Chapter 26 are needed to support several programs developed byDPW's Stormwater Management Division in conjunction with complying with the Corrective Action Plan and reissued permit requirements. Some of those programs are: . Updated Stormwater Management Plan . Delegated Qualified Local Program (QLP) for plan reviews, inspections, etc . Pesticide, Herbicide and Fertilizer Control Program . Illicit Connection, Improper Disposal, Illegal discharge and Illegal Dumping Control . Sanitary Sewer Regulatory Program (SSRP) . Industrial and High-risk Runoff (IHR) Control Program . Stormwater Infrastructure Inspection and Maintenance . Stormwater Pollution Prevention Plans (SWPPPs) . Spill Prevention Control and Countermeasure (SPCC) Plans . Road Runoff Management Program . Sampling and Monitoring Program, etc. . .The changes to the current Ordinance reflect components of the developed programsf or their effective implementation. The Ordinance language is being updated to reflect currently effective permit requirements.The feasibility for identifying an Environmental Protection (EP) Overlay District has alsobeen added to the Ordinance. The EP Overlay District is intended to address general environmental concerns within a designated area. In an effort to address some of themost critical water resource problems that exist within Richland County, environmental protection overlay districts will be established by Richland County as necessary andappropriate. In the proposed Ordinance, the Gills Creek watershed has been identified as an environmentally protected watershed (EP-GC). Richland County seeks to preserve the Gills Creek Floodway in order to protect and improve the water quality,scenic beauty, and wildlife habitat of the creek.Also, language requiring water quality buffers has been added. Water quality buffersapply in all zoning districts, and must be maintained. Water quality buffers are requiredalong all perennial and intermittent streams, waterways, wetlands, etc.There will be no new financial impacts due to the added language. On the contrary,there is the potential to generate revenue for Richland County, as a result of enforcement, by implementing the added measures.This ordinance received first reading by County Council on October 21, 2008.