WakeUP Signs Amicus Brief on Riparian Buffer Regulations

The Southern Environmental Law Center (SELC) filed an amicus brief on Monday September 21, 2009, in favor of towns having the authority to enact stream buffer regulations that are more stringent than state or federal regulations.  WakeUP Wake County signed on to the brief along with the Haw Riverkeeper Foundation, Catawba Riverkeeper Association, North Carolina Conservation Network, and others.  While the case relates to a specific development in Cary, the Court's decision will have broad implications for municipal stream buffer regulations in North Carolina. An amicus brief is presented to the court in support of one party to a case.  Those that sign on are "friends of the court" - they are not party to the suit, but rather provide information to assist the court in making a decision. In this instance, the case is Cary Creek Limited Partnership v. Town of Cary, NC.  The Court will address the issue of whether state law preempts local riparian buffer ordinances.  SELC's brief was filed in support of the Town of Cary as it defends its riparian buffer regulations from a challenge by a developer seeking to construct a mixed-use development within 100 feet of streams and in close proximity to Jordan Lake. The North Carolina Court of Appeals has previously held in an unpublished decision that the State General Assembly has created a "complete and integrated" system for riparian buffer regulation.  In doing so the Court of Appeals preempted the authority of local governments to adopt their own, more stringent regulations for riparian buffers.  However, the State General Assembly has repeatedly required that local governments adopt buffer ordinances and has created a cooperative system with state and local governments for the administration of riparian buffers.  Thus there is debate about whether the Town of Cary's more strict riparian ordinances apply to the development, or whether the state's regulations take precedence. By providing a thorough explanation of the current regulatory program and showing wide support from the groups that signed on, the SELC believes the amicus brief will aid the Court’s consideration of this issue.