STREAM BUFFER SURVEY

June 2009

Georgia has specific stream buffer requirements in our State law (50 feet for trout streams and 25 feet for all other streams) which affects bridge projects and projects parallel to even dry streams. We are required to get variances from our State Environmental Division for each project. We are interested in what other States are experiencing in this area.

State / Does your Agency have to obtain stream buffer variances to do work along streams? / If Yes:
How wide are the buffers? / Are there any specific exemptions for DOT work, construction or maintenance, safety, etc? / Do you have a particular state law/code that requires you to comply with stream buffers? / Does the Department of Environmental Protection or some other State Environmental entity regulate the buffers? / What are the consequences if you encroach without permission?
Have you had any problems? / Do you have to provide mitigation for encroaching on stream buffers? / Do you receive fines for permission violations or is it passed on to the contractor? / Comments
Alaska / No. We receive permits and negotiate environmental commitments on a project-by-project basis. / No / Currently, no mention of riparian buffers pertaining to construction in state law. / AK Dept. of Fish & Game regulates fish habitat concerns AK Dept. of Environmental Conservations certifies EPA water quality permits. (ADEC scheduled to assume primacy this Fall). / N/A
If there is a permit violation, mitigation is negotiated and/or litigated. / N/A. based on permit conditions. / Determined via negotiated settlement or litigations. Project specific. / Would like to see results of survey.
Arkansas / yes / We must have a 25’ buffer around all streams and 50’ for special category waters such as a 303d listed waters, waters with TMDLs for siltation, and Extraordinary Resource waters. / The Arkansas Department of Environmental Quality (ADEQ) reviews our SWPPPs on a case by case basis and has been very cooperative about grating waivers for things like bridge work where we have no option but to encroach on the water body. / The NPDES Construction permit contains this requirement. / ADEQ, our State environmental agency regulates buffers. / We have had no problems to date. If we feel we will have to work within the buffer zone, we just plan the job accordingly and submit the SWPPP to ADEQ at the same time we send them the Notice of Intent for NPDES Permit coverage. If they have a problem, they are to notify us and we will amend the SWPPP or construction plans as necessary. If we have to work within the buffer, our designers are committed to using extra care in planning for erosion and sediment control. / No. / AHTD has not been fined for NPDES Construction Permit violations but our Standard Specifications allow the Department to assess the contractor for all fines and penalties which result from failure to comply with the NPDES Permit.
We have a pretty good working relationship with the ADEQ permit engineers and they have been very understanding and cooperative in helping us do what we need to build roads around and over streams. / If you have any questions, my name is Gary Williamson and my phone number is 501-569-2230.
British Columbia / In BC, riparian zones (vegetation along streams, lakes, wetlands, and other watercourses) are regulated. / For provincial roadways, the riparian zones regulated are from 15m to 30m (50’ to 100’) from the top of bank along fish-bearing watercourses. There are other regulations that may also apply to specific sectors (e.g. forestry activities provincial government lands). / There are no specific exemptions per se for our ministry’s work. Though in some situations, there are Best Practices that enable some activities, like maintenance, to occur under prescribed conditions. For example, “combined maintenance activities (e.g.mowing, brushing, topping,slashing, etc) will affect no more than one third (1/3)of the total woody vegetation, such as trees and shrubs, in the right of way within 30 metres of the high water mark in any given year”. Certain emergency or public safety situations may also have some leeway. / there are provincial BC Ministry of Environment (equivalent to state) and Federal Fisheries and Oceans Canada statutory requirements for riparian buffers. / If there are unauthorized encroachments, it is a potential violation that may lead to mitigation, charges, and penalties. Our ministry has deal with unauthorized encroachments requiring mitigative action. / Mitigation or compension is required for encroachment on stream buffers. / Penalties may be applied to contractors, individualas, and our ministry, depending on the circumstances.
Connecticut / No. In Connecticut impacts to regulated Wetland and Watercourses by state agencies are regulated by the Connecticut Department of Environmental Protection (DEP). The state regulations do not have buffer requirements. However, non-state projects are regulated by the local Wetland Commissions, many of which do have stream and wetland buffers. / The width of buffers for the non-state projects vary from town to town / No
Florida / NO / Most of our streams are associated with wetlands. We do have a state law that states if we do not disturb within 25 ft of wetlands we do not have to account for secondary wetland impacts
Hawaii / The Commission on Water Resource Management (Commission), Stream Protection and Management Branch, has the responsibility to protect stream channels from alteration whenever practicable to provide for fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses in the State of Hawaii under the authorization of the State Water Code (Code), Chapter 174C, Hawaii Revised Statutes, and Chapter 13-169, Hawaii Administrative Rules (Protection of Instream Uses of Water).
The Commission does not have a stream buffer requirement. I am not aware of any other agency in Hawaii that has a specific stream buffer requirement.
Illinois / No
Indiana / No. / The IDEM and IDNR do not currently have authority over stream buffers for projects without need for an IDEM 401 WQC or an IDNR Construction in a Floodway (CIF) Permit. Through these permits, IDEM and IDNR may address the cumulative impacts of the project including impacts to the stream buffers, riparian corridors, or the flood plains. On numerous occasions, we are mitigating for a loss of riparian habitat with tree and shrub plantings where appropriate as part of the IDNR CIF permit.
Iowa / No / In Iowa, there are no state codes requiring stream buffers. Therefore, Iowa DOT has not had to deal with the variance issue.
We frequently include buffers along streams as a mitigation feature, typically around 50 feet from top of bank depending on available right-of-way.
Kansas / If changes would be made to steam banks above the water, such as widening or stabilization measures, a Division of Water Resources (DWR) permit would be required. / On relocated or new channels, DWR requires a 50 ft. vegetated buffer on each side of the new channel. If a steam buffer would be impacted and is designated critical habitat for a threatened or endangered species, a Kansas Department Wildlife & Parks Permit and mitigation would be required. / None / Usually the mitigation would include replacing the impacted habitat.
Maine / No / Natural Resource Protection Act, Land Use Regulation Commission / Yes, Maine Department of Environmental Protection / Violation of the permit, most likely a fine.
No, we have not experienced any problems. / Not in particular unless the project already has a mitigation/compensation plan, however, MaineDOT does work closely with resource agencies to limit the impacts around streams and provide plantings or such if we are altering an area near a stream. / Passed on to the contractor.
Missouri / No / N/A / No / No / N/A / No / N/A
Montana / No / MDT does not have to obtain stream buffer variances to work along streams. Various legislative bills have been presented to the legislature in recent times that would have created buffers but none have passed. I wish you well in your efforts!
SK Canada / Official permission to bypass regulations must be authorized by the Ministry of Environment and Fisheries & Oceans Canada. That being said, there currently are no specific buffers outlined in the legislation. Guidelines have been established based on projects similar in nature. The Ministry of Highways & Infrastructure proactively screens and places buffers on projects and gravel pits associated with those projects based on the guidelines. Any crossings of water bodies must have a project proposal submitted to the regulating authorities. In this submission, we include our mitigation measures and buffers. It is then up to the regulators whether or not those buffers are appropriate. / The buffers that he Ministry of Highways & Infrastructure places on its gravel pits are 30-60 meters for non fish bearing steams or seasonal streams and 90 meter buffers for permanent fish bearing streams. Buffers at crossing or associated construction that takes place near a stream, is determined by the regulating authorities and is based on past projects and the current conditions of the current proposed project. / Any exemptions are at the discretion of the regulators and are determined at the time of the project. / There is legislation in place to protect the environment in the province of Saskatchewan. However, there is no particular law that stipulates a minimal requirement for buffers. We do have to comply with the governing legislation for environmental protection and therefore, take appropriate precautions when working near water. / At the time, Ministry of Environment does not regulate all buffers for projects that we are involved. We place buffers on the development of our gravel resources and any new road construction projects that deal with buffers are addressed thorough an environmental impact assessment. At the time of submission of the EIA, the Ministry of Environment will determine whether or not the buffers are appropriate. / As a Ministry, we proactively place buffers on our projects or we contact the regulating authorities when in doubt. No problems to date. / Yes, mitigation is paramount when working in or around streams. Mitigation is based on the following guidelines: Avoidance, Minimization, and Compensation, with the later being the least preferable. / Any environmental requirements that are outlined in our contracts are discussed with the contractor. Therefore, any fines resulting in violation to those contract documents would be placed upon the contractor.
The Ministry of Highways & Infrastructures works with the regulators to fulfill its environmental commitments, thus avoiding potential liabilities that could result from non compliance.
South Dakota / No. / We donot have a specific law regarding buffer widths. Buffer width is addressed in mitigation plansand reasonable measures are taken to maintain appropriate buffers along streams.
Washington / There is not single state agency that administers stream buffers. Environmental sensitive areas regulations addressing streams are administered on a jurisdiction by jurisdiction basis. So a single project will require a permit for each jurisdiction it goes through. There is a Dept. of Ecology that regulates Shorelines of Statewide Significant, but they work through the local agencies. / Buffers range from 25-200 feet / Exemptions vary by jurisdiction. Existing roads and facilities are grandfathered in. / Yes / It is regulated by cities and counties. / Permits are required. / Yes, per the requirements of the ordinances. / Violations are on WSDOT
Wisconsin / No. We have a unique relationship with our Department of Natural Resources, there is a Cooperative Agreement which exempts DOT from obtaining most permits/variances, provided the process outlined within is followed. That process outlines a number of times during the project planning, design, and construction stages where coordination between agencies must take place. / For outstanding and exceptional resource waters, wetlands in areas of special natural resource interest – 75 feet
Perennial and intermittent stream, lakes, highly susceptible wetlands – 50 feet
Less susceptible wetlands – 10% of average wetland width (10 ft. min, 30 ft max)
Concentrated flow channels with drainage areas greater than 140 acres – 10 feet / There are specific requirements for transportation facilities built within a buffer area; min 70% self-sustaining vegetative cover, may use riprap or similar for bank stabilization, BMPs for non-point sources may be located in the buffer. / Only for post-construction standards. / yes, our Department of Natural Resources has been charged with protecting all waters of the state, ground and surface, public and private. / No, not for buffers only for wetland takes3
Wyoming / No