Stewardship Policy
III. 100-foot Forested Setback Requirement

 

A. Specifications

For all lots in new subdivisions platted and recorded on or after July 1, 1999, as a condition of eligibility for private individual piers, shared piers, or use of, or private access to the Project lands and waters across, the Yadkin-Managed Buffer, Yadkin requires satisfaction of the following minimum specifications for a 100-foot forested setback:
  1. All structures (including but not limited to buildings, houses, driveways, roof overhangs, decks, porches, patios, cantilevered decks, stairs, posts, columns, fences, retaining walls, landscaping walls, and gazebos) must be set back at least 100 feet from the reservoir shoreline. The setback will be maintained as a forested area. The 100-foot forested setback will be measured along the ground surface from the normal full-pool elevation of the reservoir to the nearest structure(s) (see Figure 1).
  2. A septic field or well will be allowed in the 100-foot forested setback to the extent that installation does not require removal of any vegetation other than as permitted in Section III.A.5, below. In addition, the 100-foot forested setback requirement does not apply to a pathway to a pier, an irrigation system, etc., that has been constructed pursuant to a written permit issued by Yadkin in accordance with this Policy.
  3. A 20-foot-wide construction zone will be permitted to intrude into the 100-foot forested setback to accommodate construction. Vegetation may be removed in the construction zone, but that portion of the construction zone intruding into the setback must be revegetated upon completion of the construction.
  4. Variances will be granted only when a lot is unbuildable. Unbuildable means the inability to build the minimum size house required by the subdivision’s restrictive covenants, or an 1,800 square foot home, if no minimum house size is specified, behind the 100-foot forested setback.


  5. In instances where compliance with the 100-foot forested setback requirement would render a lot unbuildable, Yadkin may, but is not required to, approve variances granting a lesser setback on a lot-by-lot basis that would provide the maximum possible setback, which in no case will be less than 50 feet. For lots where Yadkin approves a setback of less than 100 feet, Yadkin will also designate an appropriate construction zone for that lot.
  6. Vegetation in the 100-foot forested setback must be maintained as it existed prior to development. To provide opportunity for improved water views, adjoining property owners may remove some vegetation on their property in accordance with the following criteria:
    • Fifty percent (50%) of vegetation less than 5 feet in height may be removed; however:
      • No tree greater than 2 inches in diameter (measured 1 foot above the ground level) may be removed.
      • Within 30 feet of tributaries, ditches, swales, or drainageways that drain into the reservoir, no living vegetation, or dead vegetation root structure may be removed.
    • Dead limbs of any height may be removed on trees. Living limbs may be removed up to a height of 8 feet above the ground.
    • Fallen trees (blow-down), fallen limbs, and fallen branches may be removed, but all leaf litter (leaves, pine needles, etc.) must remain.
    • No lap trees, trees, or vegetation of any type overhanging the reservoirs or within the reservoirs may be removed without specific permission from Yadkin.
    • Any tree that poses an imminent threat to life or property may be removed.
  7. In a permit to construct a private individual or shared pier (see Yadkin’s Specifications for Private Recreation Facilities), Yadkin may allow movement or removal of identified lap trees where necessary for construction or installation of the facilities. In cases where movement or removal is necessary, Yadkin will require movement or removal in accordance with its Procedures For Implementation Of Those Portions Of The Shoreline Management Plan Relating To The Removal Or Relocation Of Lap Trees, approved by FERC on May 9, 2001.
  8. For any lot in a new subdivision subject to the 100-foot forested setback requirement set forth above, the primary sanction for failure to comply with this requirement is a loss of eligibility for: (i) a private (individual or shared) permit within the Project Boundary (i.e., on a reservoir); and (ii) use of, or private access to the Project lands and waters across, the Yadkin-Managed Buffer. Once an adjoining property owner in a subdivision to which these setback requirements apply has a permitted private pier, subsequent removal of vegetation from the 100-foot forested setback, other than as allowed under the above criteria, is also subject to enforcement as set forth in Section XIV below.
  9. Removal of any vegetation from any portion of the 100-foot forested setback within the Yadkin-Managed Buffer requires a written permit from Yadkin. For adjoining property owners in new subdivisions who satisfy the above requirements on their property, vegetation removal from the Yadkin-Managed Buffer will generally be considered, by written permit, in accordance with the criteria listed under Section III.A.5, above. Failure to secure a permit from Yadkin prior to removing any vegetation from the Yadkin-Managed Buffer, or removal in any manner other than as permitted by Yadkin, is subject to enforcement as set forth in Section XIV below.
  10. In no case may management of the 100-foot forested setback be inconsistent with the requirements of North Carolina’s watershed protection rules and county watershed protection ordinances.

B. Application to Subdivisions on Narrows Reservoir

Lots in certain subdivisions on Narrows Reservoir, including lots in the Uwharrie Point and Heron Bay subdivisions, are subject to a 100-foot setback requirement and tree removal restrictions (known as the “6-inch rule”) established pursuant to the Bald Eagle Management Plan (BEMP) for Narrows Reservoir. Specifically, the BEMP setback rule establishes the following:
  • All buildings must be set back 100 feet from the water’s edge, except a septic field or well will be allowed in the 100-foot setback to the extent installation does not require removal of any 6-inch or greater diameter tree. The diameter of the tree will be measured 1 foot above ground level.
  • A 20-foot construction zone around a dwelling will be permitted to intrude into the 100-foot setback. The portion of the construction zone intruding into the setback must be revegetated upon completion of construction.
  • Building is interpreted to be a verb and includes, but is not limited to, the footprint of the house, roof overhangs, decks, porches, patios, cantilevered decks, stairs, posts, columns, fences, retaining walls, landscaping walls, and gazebos.
  • Variances will be granted only when a lot is unbuildable. Unbuildable means the inability to build the minimum size house, as required in the development’s restrictive covenants, behind the 100-foot setback.

The 100-foot setback will be measured along the ground surface from the normal full pool-elevation of the reservoir to the nearest building.

Yadkin also does not permit vegetation removal on the Yadkin-Managed Buffer adjacent to the lots in these subdivisions, except to allow a pathway to a pier or to address safety issues.

For lots in subdivisions on Narrows Reservoir platted and recorded on or after July 1, 1999, the provisions of Section III.A apply. For lots in earlier subdivisions, the BEMP setback rule continues to apply. However, the adjoining property owner may request from Yadkin, on a lot-by-lot basis, written approval for an alternative form of vegetation management consistent with Section III.A.5, above. In these cases, where vegetation has been removed in accordance with the 6-inch rule, the adjoining property owner should expect that some vegetation replanting will be required within the setback prior to Yadkin granting permission for any vegetation removal on the Yadkin-Managed Buffer.

(1)The BEMP applies to Uwharrie Point except for the Allenton Ferry, Pennington Ferry, and Glenbrook Springs neighborhoods.

 


Figure 1 - 100-foot Forested Setback

100-foot Forested Setback —All structures (including but not limited to buildings, houses, driveways, roof overhangs, decks, porches, patios, cantilevered decks, stairs, posts, columns, fences, retaining walls, landscaping walls, and gazebos) must be set back at least 100 feet from the reservoir shoreline. A septic field or well, however, will be allowed in the 100-foot forested setback to the extent that installation does not require removal of any vegetation other than as permitted in Section III.A.5, below. In addition, the 100-foot forested setback requirement does not apply to a pathway to a pier, an irrigation system, etc., that has been permitted by Yadkin in accordance with this Policy. The 100-foot forested setback will be measured along the ground surface from the normal full-pool elevation of the reservoir to the nearest structure(s).

 

20-foot Construction Zone — A 20-foot-wide construction zone will be permitted to intrude into the 100-foot forested setback to accommodate construction. Vegetation may be removed in the construction zone, but that portion of the construction zone intruding into the setback must be revegetated upon completion of the construction.

 

Vegetation Removal — Vegetation removal on the adjoining property owner’s property is allowed within the 100-foot forested setback in accordance with Section III.A.5. No vegetation removal is allowed on the Yadkin-Managed Buffer without a written permit from Yadkin.