Article 8: Environmental Protection

Sec. 8.1. Purpose

8.1.1. Purpose

Durham County is endowed with an abundance of natural resources, including land, forests, streamsClosed A body of concentrated flowing water in a natural low area or natural channel on the land surface. and rivers, lakes, wildlife and natural beauty. Inappropriate developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. threatens the quality of the natural resources that make it a special place to live and work. Durham's governing bodies recognize that establishing standards for the protection of Durham County's natural resources represents prudent stewardship of the land and good business. The multiple purposes of natural resource protection standards are:

A. To preserve and enhance the quality of the water in rivers, streamsClosed A body of concentrated flowing water in a natural low area or natural channel on the land surface., ponds and lakes that flow into and out of Durham County;

B. To minimize future flooding problems by restricting developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in flood prone areas;

C. To preserve the water carrying capacity of watercoursesClosed A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. and the natural water storage capacity of the floodplain;

D. To protect land and watercoursesClosed A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. from pollutants, sedimentationClosed Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof.;

E. To retain open spacesClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. in order to protect their environmentally-sensitive character;

F. To protect and conserve significant natural resources from degradation due to inappropriate developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. Such natural resources include InventoryClosed See "Durham Inventory" Sites, wildlife and plant life habitats, wetlandClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. areas and riparian areas;

G. To minimize the impact of developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. by controlling the location, intensity, pattern and design of developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and construction activities;

H. To enhance the aesthetic appearance of Durham as a means of improving quality of life and attracting new businesses and residents;

I. To improve air quality by reducing the heat island effect by reducing pollution and fossil fuel used for transportation by encouraging walking, bicycling and transit; and

J. To protect environmentally sensitive lands while recognizing the legitimate expectations of property ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds. and Durham's economic developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. goals.