Falls Watershed Protection Overlay District (-FWPOD) Regulations in Raleigh
The Falls Watershed Protection Overlay District (-FWPOD) in the City of Raleigh protects drinking water integrity by imposing strict impervious surface limits and mandatory forestation. Development within the -FWPOD is divided into primary and secondary reservoir areas, requiring a minimum of 40% of each lot to be set aside for tree preservation and limiting nitrogen and phosphorus export loads to 2.2 and 0.33 pounds per acre per year, respectively.
Purpose and Applicability
The City of Raleigh established the -FWPOD to protect the integrity of drinking water in the municipality and surrounding communities. The intent is to provide clean and safe water for residents, businesses, industries, and wildlife at a reasonable cost [Sec. 5.1.1.B.4]. The -FWPOD applies to Class WS-IV waters and is divided into two distinct zones: a primary reservoir watershed protection area and a secondary reservoir watershed protection area [Sec. 5.1.1.B.4].
Prohibited Uses
In addition to uses prohibited by the underlying base zoning district, the following uses are strictly prohibited within the Falls Watershed Protection Overlay District:
- New landfills [Sec. 5.2.4.B].
- New sites for the land application of sludge, residuals, or petroleum-contaminated soils [Sec. 5.2.4.B].
Impervious Surface Coverage Standards
The City of Raleigh limits the amount of "built-upon area" (impervious surfaces) that may be added to any property within the -FWPOD. These limits depend on whether the property is in a primary or secondary area and its access to City water and sewer utilities.
Maximum Impervious Surface Coverage
| Area Type | No Stormwater Control Measures (SCM) | With Retention, Detention, or Capture (First 1/2" Runoff) | Management of First Inch of Rainfall |
|---|---|---|---|
| Primary Area | 6% impervious surface; or 3,500 sq. ft. if this is not more than 12% | N/A | N/A |
| Secondary Area (No water/sewer) | 12% impervious surface; or 3,500 sq. ft. if this is not more than 24% | N/A | N/A |
| Secondary Area (With water/sewer) | 12% impervious surface; or 3,500 sq. ft. if this is not more than 24% | 24% impervious surface | 30% built area; or 3,500 sq. ft. if < 50% built area; or 70% in designated areas |
[Sec. 9.5.2.B]
General Rules for Impervious Calculation
- Existing Development: Improvements existing at the time the -FWPOD was applied are not deemed nonconforming solely because of these regulations [Sec. 10.3.4.C].
- Redevelopment: Permitted if the activity does not result in a net increase in built-upon area and provides equal or greater stormwater control than the previous development [Sec. 9.5.2.B.5].
- Residential Exemption: Any lot with an existing detached house used for single-unit living is entitled to a one-time 400-square-foot increase of impervious surface area without providing additional stormwater control measures, provided the structure existed prior to the ordinance application [Sec. 9.2.2.A.4].
Natural Resource Buffer Yards
The City of Raleigh requires natural resource buffers to be established along primary and secondary watercourses within the -FWPOD to ensure stormwater flows in a diffuse manner [Sec. 9.2.3.A.1].
Buffer Width Requirements
| Watercourse Type | Minimum Buffer Width (per side) |
|---|---|
| Draining 25 or more acres | 60 feet |
| Draining 5 to 25 acres | 35 feet |
| Streams draining less than 5 acres | 35 feet |
| Secondary reservoir areas (> 24% impervious) | 100 feet |
[Sec. 9.2.3.A.2.a]
Nutrient Loading Requirements
New development and expansions to impervious surfaces occurring on or after June 1, 2011, must meet specific unit-area mass loading rates for nitrogen and phosphorus within the City of Raleigh [Sec. 9.5.2.D.1].
| Nutrient | Maximum Load (pounds per acre per year) |
|---|---|
| Nitrogen | 2.2 |
| Phosphorus | 0.33 |
[Sec. 9.5.2.D.1.b]
Developments with more than 24% built-upon area must provide on-site primary stormwater control measures (SCMs) designed to treat the first inch of rainfall [Sec. 9.5.2.D.2.a].
Forestation Requirements
Every lot located within the -FWPOD must provide and maintain an area set aside for trees equal to at least 40% of the total lot area [Sec. 9.5.2.G].
- Consolidated Area: At least 1/5 of the total gross land area required for trees must be in a single contiguous area or a few scattered large areas [Sec. 9.1.9.A.1].
- Maintenance: All required tree areas must be maintained as wooded areas. If existing trees are not present, the area must be planted with shade trees [Sec. 9.1.9.A.5].
- Planting Rate: New tree plantings must be either 14-inch-tall bare-root seedlings planted at 10' x 10' centers or one 2-inch caliper shade tree per 200 square feet [Sec. 9.1.9.A.6].
Enforcement and Penalties
Failure to secure a valid watercourse buffer permit prior to land-disturbing activity in the -FWPOD is a violation of the Raleigh City Code [Sec. 9.5.5.A].
- Work without a Permit: $5,000 per day [Sec. 9.5.5.F.1].
- Failure to Maintain SCMs: $2,500 per day [Sec. 9.5.5.F.3].
- Repeated Violations: An additional $1,000 per day if a violation occurs within two years of a previous assessment [Sec. 9.5.5.F.13].
Sections Cited
- Article 5.1. General Provisions
- Article 5.2. Environmental Overlays
- Sec. 5.1.1. District Intent Statements
- Sec. 5.2.4. Falls Watershed Protection Overlay District (-FWPOD)
- Article 9.1. Tree Conservation
- Article 9.2. Stormwater Management
- Article 9.5. Watershed Protection Areas
- Sec. 9.1.9. Watershed Protection Overlay Districts
- Sec. 9.2.2. Active Stormwater Control Measures
- Sec. 9.2.3. Watercourse Buffers
- Sec. 9.5.2. Falls Watershed Protection Overlay District (-FWPOD)
- Sec. 9.5.5. Enforcement
- Article 10.3. Nonconformities