1.1.

Intent. The R-1 residential district is established as a district in which the principal use of land is for low-density residential and agricultural purposes. The regulations of this district are intended to protect the agricultural sections of the community from an influx of uses likely to render it undesirable for farms and future development, and to insure that residential developments dependent upon septic tank systems for sewage disposal will occur at sufficiently low densities to insure a healthful environment.

1.2.

Permitted Uses.

A.

Agriculture.

B.

Silviculture.

C.

Stick built houses (Single-family dwellings only).

D.

Modular Homes built to North Carolina Code (Single-family dwellings only).

E.

Parks, playgrounds, community centers, schools, churches, cemeteries, country clubs, golf courses.

F.

Greenhouse and Nursery Operations (but no commercial sales on premises).

G.

Public utility substations or pumping stations.

H.

Residential planned developments (subject to the conditions contained in Article VII).

I.

Home Occupations-limited to residences of premises. Use shall not occupy more than 25% of total floor area of home and no products or displays shall be visible from the street.

J.

Accessory Mobile Home—Custodial Relationship (Temporary Use).

K.

Any uses permitted with standards and conditions in the R-1 District.

1.3.

Dimensional Requirements.

A.

Minimum required lot area: 20,000 sq. ft.

B.

Minimum required lot width: 80 feet.

C.

Minimum required front yard: 30 feet measured from the street right-of-way line.

D.

Minimum required side yards: 10 feet measured from the property line.

E.

Minimum required rear yard: 20 feet measured from the rear property line.

1.4.

Location of Accessory Building. Accessory buildings may occupy ten percent (10%) of the gross lot area, must be built a minimum of ten (10) feet from any lot line, and, except for attached garages, must be built to the rear of the principal building.

1.5.

Corner Lots. On corner lots, the side yard on that side of the lot abutting the side street shall be twenty (20) feet.

1.6.

Signs. Community uses permitted in this district may erect only one nonflashing sign, which harmonizes with the character of the neighborhood and does not exceed twelve (12) square feet in area All other permitted uses may erect only one nonilluminated sign which does not exceed six (6) square feet in area, unless otherwise approved by the Montgomery County Planning Board.

1.7.

Parking. Off-street parking shall be provided as required in Article 1, Section 8 of this Ordinance.

(Ord. of 12-18-2007(2); TA-01-2015, Att. 2, 4-21-2015 )

2.1.

Intent. The R-2 Residential District is established to promote low and medium density residential neighborhoods.

2.2.

Permitted Uses.

A.

All uses permitted in the R-1 residential district.

B.

Double wide mobile homes.

C.

Multi-family dwellings.

D.

Accessory Mobile Home—Custodial Relationship (Temporary Use).

2.3.

Permitted Uses With Standards and Conditions.

A.

Any uses permitted with standards and conditions in the R-1 District.

B.

Photovoltaic (PV) Facilities.

Photovoltaic (PV) Facility— A solar collection system that generates electricity from sunlight to a wholesale electricity market through a regional transmission organization and inter-connection with the local utility power grid. Photovoltaic (PV) facilities shall be spatially defined as all parcels of record under the same utility commission docket number. Exterior property lines shall be defined as the leading (outside) edge of the proposed facility.

Photovoftaic Panel— A device or structure for which the primary purpose is to convert solar radiant energy to another source for direct power consumption.

All applications for a photovoltaic facility must include a full site plan showing the following:

•

Shape and dimensions of the parent parcel.

•

Location of the lot with respect to adjacent rights of way

•

Shape, dimensions, and location of all buildings or solar panels or arrays, both proposed and existing.

•

Square footage of any built upon area.

•

Slope calculation of the lot.

•

Elevation drawing of the photovoltaic facility indicating compliance with Section 2.3.B(D).

•

Full buffer plan illustrating compliance with Section 2.3.B(E).

A.

The minimum facility size for residential and commercially zoned parcels shall be 5 acres. The minimum facility size for industrially zoned parcels shall be 3 acres.

B.

Required setbacks shall be determined by the following table. Setbacks shall be measured from the facility fence line to property line.

* Measured from the street right-of-way line.

** Applies only to industrially zoned properties.

C.

All photovoltaic panels are to be located and situated to avoid glare which may serve to cause a distraction or nuisance to traffic or adjacent residential properties.

D.

No structure shall exceed a height greater than 20 feet, except for pre-existing poles or overhead wiring. This measurement shall be taken from finished grade at the base of the structure to the highest point.

E.

A vegetative screen of planted or natural wooded area shall be provided where a photovoltaic facility adjoins property used for or zoned for residential purposes and where such facility is located on any road other than a road classified as Interstate by the North Carolina Department of Transportation Functional Class System. Such vegetative screen or natural wooded area shall meet the following standards:

1).

A 3-foot wide, 7-foot high dense evergreen planting that shall be of a species that will normally be expected to reach a height of 7 feet in 3 years' time. Low limbs are not to be trimmed from the planting higher than 24 inches from the ground. A buffer plan shall be submitted to the Zoning Administrator prior to approval.

2).

Where a natural wooded buffer is to be utilized to meet this standard, such wooded buffer is to be located on the same parcel as the proposed photovoltaic facility. Wooded areas located on adjoining property shall not serve to meet this requirement. Wooded buffers shall be a minimum of 30 feet wide and serve to adequately screen a PV facility from neighboring property. Natural wooded buffers should remain in their original state for the duration of the PV facility. Any removal of this natural buffer will require a replacement that meets or exceeds standards found in item 1 above.

F.

Access to the site must be controlled by a fence at least 8 feet in height. Fences may utilize barbed or razor wire.

G.

A Decommissioning Plan, obtained from the Montgomery County Planning Department must be completed. This plan must be filed with the Montgomery County Register of Deeds and completed prior to zoning approval. Failure to abide by the approved decommissioning plan will result in a fine of not more than $50.00 per day as such violation continues as provided by Article I, Section 9.1 of the Montgomery County Zoning Ordinance.

H.

An emergency access plan must be filed with Montgomery County Emergency Management.

This plan shall be such to satisfy the requirements of the Emergency Management Director and shall be approved prior to the issuance of a zoning permit.

I.

A copy of the Certificate of Public Necessity for facilities over 2 megawatts or a copy of the Report of Prop Construction for facilities under 2 megawatts approved by the North Carolina Utilities Commission.

J.

A copy of Department of Transportation driveway permits for facility access.

K.

Vegetation overgrowth within the confines of the PV facility shall be controlled primarily through natural or mechanical means, such as the use of grazing animals or lawn mowers. For the purposes of this subsection, the term "pesticide" shall include herbicides. Pesticides may be used, so long as they are applied according to manufacturer's instructions by an individual licensed by the NC Department of Agriculture and Consumer Services. The use of pesticides shall not be the primary method of control.

L.

Grading over an acre must abide by the requirements of the North Carolina Department of Environment and Natural Resources (NCDENR). For projects that require an approved sedimentation and erosion control plan from NCDENR, a letter of approval must be obtained prior to the issuance of a zoning permit.

For projects that do not require NCDENR approval, a sedimentation and erosion control plan designed by a licensed Professional Engineer (PE) must be submitted to the Montgomery County Planning Department prior to the issuance of a zoning permit. Calculations must be provided that show the infiltration of precipitation is not reduced, the volume of runoff is not increased, and that the peak rate is not increased between the pre and post development. If needed, structural storm water Best Management Practices (BMPs) shall be installed to meet those requirements.

M.

Solar panels and any associated built-upon area must be located at least 50 feet landward of all perennial and intermittent waters. Natural vegetation within this buffer must remain intact.

N.

The maximum slope allowed for a PV facility shall be 8%. Slope maximum may be increased up to 15% for PV facilities with at least 75% of the proposed facility site located in hydrologic group A soils. Adequate documentation of soil type and facility coverage must be provided by a soil scientist licensed in the State of North Carolina for all projects requesting a slope maximum above 8%. Slope calculations must be included in the required site plan. Slope calculations shall be taken as an average across the entirety of all parcels included in the PV facility, not just the facility project or lease area.

O.

Once all solar panels are installed and a Certificate of Occupancy (CO) has been approved by the Montgomery County Inspections Department, all PV facilities shall be tilled, seeded, and mulched appropriately within 30 days of CO issuance.

2.4.

Dimensional Requirements.

A.

Minimum required lot area: 20,000 sq. feet.

B.

Minimum required lot width: 80 feet.

C.

Minimum required front yard: 30 feet measured from the street right-of-way line.

D.

Minimum required side yards: 10 feet measured from the property line.

E.

Minimum required rear yard: 20 feet measured from the rear property line.

F.

Area in addition for Second Structure: 3,000 sq. feet.

2.5.

Location of Accessory Building. Accessory buildings may occupy ten percent (10%) of the gross lot area, must be built a minimum of ten (10) feet from any lot line, and except for attached garages, must be built to the rear of the principal building.

2.6.

Corner Lots. On corner lots, the side yard on that side of the lot abutting the side street shall be twenty (20) feet.

2.7.

Signs. Community uses permitted in this district may erect only one nonflashing sign, which harmonizes with the character of the neighborhood and does not exceed twelve (12) square feet in area. All other permitted uses may erect only one nonilluminated sign which does not exceed six (6) square feet in area, unless otherwise approved by the Montgomery County Planning Board.

2.8.

Parking. Off-street parking shall be provided as required in Article I, Section 8 of this Ordinance.

(Ord. of 12-18-2007(2); TA-01-2015, Att. 2, 4-21-2015 ; TA-01-2017, 4-18-2017(1) ; TA-02-2017, 4-18-2017(2) ; TA-03-2017, 4-18-2017(3) )

3.1.

Intent. The R-3 District is established to promote areas for affordable housing as well as other housing from R-1 and R-2.

3.2.

Permitted Uses.

A.

All uses permitted in R-1 and R-2.

B.

Singlewide mobile homes.

C.

Accessory Mobile Home—Custodial Relationship (Temporary Use).

D.

Towers of communication, broadcasting, receiving, radar and any other purpose (see Article X Wireless Telecommunication Facilities Regulation).

3.3.

Permitted Uses with Standards and Conditions.

A.

Any uses permitted with standards and conditions in R-1 or R-2 Districts.

3.4.

Dimensional Requirements.

A.

Minimum required lot area: 20,000 sq. feet.

B.

Minimum required lot width: 80 feet.

C.

Minimum required front yard: 30 feet measured from the street right-of-way line.

D.

Minimum required side yards: 10 feet measured from the property line.

E.

Minimum required rear yard: 20 feet measured from the rear property line.

[F.

Reserved.]

G.

Area in addition for second Structure: 3,000 sq. feet.

3.5.

Location of Accessory Building. Accessory buildings may occupy ten percent (10%) of the gross lot area, must be built a minimum of ten (10) feet from any lot line, and except for attached garages, must be built to the rear of the principal building.

3.6.

Corner Lots. On corner lots, the side yard on that side of the lot abutting the side street shall be twenty (20) feet.

3.7.

Signs. Community uses permitted in this district may erect only one nonflashing sign, which harmonizes with the character of the neighborhood and does not exceed twelve (12) square feet in area. All other permitted uses may erect only one nonilluminated sign which does not exceed six (6) square feet in area, unless otherwise approved by the Montgomery County Planning Board.

3.8.

Parking. Off-street parking shall be provided as required in Article I, Section 8 of this Ordinance.

(Ord. of 12-18-2007(2); TA-01-2015, Att. 2, 4-21-2015 )

4.1.

Intent. The Commercial District is established as a district in which the principal use of land is for the provision of retail goods and services. Residential homes can be placed in this district with a signed, notarized, and recorded statement in the Register of Deeds stating that all commercial uses may be placed next to the residence.

4.2.

Permitted Uses.

A.

Banks and other financial institutions.

B.

Barber and beauty shops.

C.

Grocery stores, drug stores, and dry good stores.

D.

Hardware stores.

E.

Laundries, Laundromats and dry-cleaning pick-up stations.

F.

Restaurant.

G.

All uses which are permitted in the R-1, R-2 and R-3.

4.3.

Conditional Uses.

A.

Live bait stores.

B.

Marinas and minor boat facilities.

C.

Service stations (All major automobile repair or storage shall be performed inside the structure).

D.

Highway fruit stands and gift shops.

E.

Building material sales.

F.

Heavy farm equipment sales and services.

G.

Mobile home and trailer sales.

H.

Motels.

I.

New and used car sales.

J.

Nursery and garden stores.

K.

Veterinarians and kennels.

L.

Amusement places, including open-air drive-in theaters.

M.

Automobile parts and accessories.

N.

Automobile repair.

P.

Boat and marine sales.

Q.

Farmer's Market.

R.

Day care facilities.

S.

Funeral Homes.

T.

Storage Services and Warehousing (mini-Warehouses).

U.

Towers of communication, broadcasting, receiving, radar and any other purpose (see Article X—Wireless Telecommunication Facilities Regulation).

V.

Arenas (see Article V Section 5—Standards for Specific Conditional Uses).

W.

RV Park (see Article V Section 5—Standards for Specific Conditional Uses).

[X.]

Any uses permitted with standards and conditions in R1, R-2, and R-3 Districts.

4.4.

Dimensional Requirements.

A.

Minimum required lot area: 10,000 sq. feet.

B.

Minimum required lot width: 100 feet.

C.

Minimum required front yard: 40 feet measured from the street right of way line. The first 15 feet from the property line shall be developed for the purpose of sidewalks, grass and plants, and shall not be used for any purpose except for the necessary drives and walks not including off-street parking.

D.

Minimum required side yards: No side yard is required except where a lot abuts a residentially zoned lot or where the lot is a corner lot. Lots abutting a residentially zoned lot shall have at least a 15 foot side yard measured from the side property line. On corner lots, the side yards fronting on the side street shall have at least a 15 foot width.

E.

Minimum required rear yard: No rear yard is required except where a lot abuts residentially zoned lot. In such instance, the abutting rear yard shall be at least 15 feet measured from the rear property line.

4.5.

Signs.

• No sign shall exceed 100 square feet in area.

• No sign shall be located less than 10 feet from any public right-of-way.

• No flashing signs will be allowed. All lighting must be motionless.

• No more than 100 AMP Electrical will be allowed.

• No lighting shall obstruct drivers view.

• Sign must be ground mounted constructed of metal, brick, or fiberglass.

• Any directional gateway sign shall be subject to approval by the North Carolina Department of Transportation.

• No directional gateway sign shall be placed where it may cause a hazard, or obstructed to the view of a driver.

• Only one 100 square feet sign and one 50 square feet sign will be permitted per location. Signs will not be allowed to be placed together. This applies to property that exceeds five acres.

Outdoor Advertising Signs as Follows (Billboards):

• 672 sq. feet on 4 lane highways.

• 400 sq. feet on 2 lane highways.

• No more than 100 AMP Electrical will be allowed.

4.6.

Parking. Off-street parking shall be provided as required in Article I, Section 8 of this Ordinance.

4.7.

Buffers. Landscaped buffer strips shall be required where any use in this district abuts land zoned residential (R-1, R-2, R-3). The buffer strips shall be a minimum of continuous evergreen composition not less than six (6) feet in height or less than fifteen (15) feet in width or a buffer plan must be submitted to the Planning Board for review. The buffer plan must be a to scale sketch showing the property, the adjacent properties, highways or roads and the buffer to be used. (This includes height, location and material to be used.) The buffer must be installed before a Certificate of Occupancy can be issued. The buffer plan will remain in the zoning file . The buffering requirement may be waived by the County Commissioners upon recommendation of the Planning Board along any boundary, which is naturally screened by evergreen plant materials or topography, or may be deferred in isolated areas.

4.8.

Appearance. No commercial business shall maintain an aesthetic nuisance such as trash dumpsters in the front of the property, loading docks in the front of the property, abandoned equipment, used or new material that is being stored in public view or any other nuisance that may be determined by the County Commissioners. The Commissioners may also wavier the appearance requirement upon review of a valid request.

( TA-1-23-2012 ; TA-01-2015, Att. 2, 4-21-2015 )

5.1.

Intent. This is an area primarily for industrial assembly, fabrication, and storage located on planned sites with access to highways and containing adequate utility facilities. Residential homes can be placed in this district with a signed, notarized, and recorded statement in the Register of Deeds stating that all industrial uses may be placed next to the residence.

A.

Apparel and other finished products—manufacturing.

B.

Towers of communication, broadcasting, receiving, radar and any other purpose (see Article X—Wireless Telecommunication Facilities Regulation).

C.

Printing, publishing, and allied industries.

D.

Professional, scientific, and controlling instruments; photographic and optical goods, watches and clocks-manufacturing.

E.

Public utility substations, pumping stations, water storage facilities, and water treatment plants.

F.

Textile mill products—manufacturing.

[G.

Reserved.]

H.

Transportation terminals and facilities.

I.

Warehousing and storage services.

J.

Wholesale trade, except for petroleum bulk stations.

K.

Fabricated metal products—manufacturing.

L.

Lumber and wood products—manufacturing.

M.

Milling and animal feed preparation.

N.

Mobile home and modular home manufacturing.

O.

Rubber and miscellaneous plastic products—manufacturing.

P.

All uses which are permitted in the R-1, R-2, R-3 and Commercial districts.

[5.2.

Reserved. ]

5.3.

Conditional Uses.

A.

Abattoirs, slaughter houses, and meat processing plants.

B.

Commercial or industrial incinerators.

C.

Junk yards and auto salvage yards.

D.

Landfills.

E.

Sewage treatment plants.

F.

Scrap and waste materials processing.

G.

Any establishments emitting offensive smoke, dust, noise or odor shall only be approved on finding that the public health is not impaired, and surrounding land use will not be adversely affected.

H.

Paper and allied products—manufacturing.

I.

Chemical and allied products—manufacturing.

J.

Food and kindred products—manufacturing.

[K.]

Any uses permitted with standards and conditions in R-1, R-2, R-3, and Commercial Districts.

5.4.

Dimensional Requirements.

A.

Minimum required lot area: 1 acre.

B.

Minimum required lot width: 100 feet.

C.

Minimum required front yards: 40 feet measured from the street right-of way line. This yard shall not be used for any purpose other than the necessary drives and walks and shall not be used for off-street parking.

D.

Minimum required side yards: 15 feet except where a lot abuts a residentially zoned lot. Lots abutting residentially zoned lots shall have at least a 50-foot side yard measured from the side property line.

E.

Minimum required rear yard: 25 feet except where a lot abuts a residentially zoned lot. Lots abutting residentially zoned lots shall have at least a 50-foot rear yard measured from the rear property line.

5.5.

Signs.

• No sign shall exceed 100 square feet in area.

• No sign shall be located less than 10 feet from any public right-of-way.

• No flashing signs will be allowed. All lighting must be motionless.

• No more than 100 AMP Electrical will be allowed.

• No lighting shall obstruct drivers view.

• Sign must be ground mounted constructed of metal, brick, or fiberglass.

• Any directional gateway sign shall be subject to approval by the North Carolina Department of Transportation.

• No directional gateway sign shall be placed where it may cause a hazard, or obstructed to the view of a driver.

• Only one 100 square feet sign and one 50 square feet sign will be permitted per location. Signs will not be allowed to be placed together. This applies to property that exceeds five acres.

Outdoor Advertising Signs as Follows (Billboards).

• 672 sq. feet on 4 lane highways.

• 400 sq. feet on 2 lane highways.

• No more than 100 AMP Electrical will be allowed.

5.6.

Parking. Off-street parking shall be provided as required in Article I, Section 8 of this Ordinance.

5.7.

Buffers. Landscaped buffer strips shall be required where any use in this district abuts land zoned residential (R-1, R-2 and R-3). The buffer strips shall be a minimum of continuous evergreen composition not less than six (6) feet in height or less than fifteen (15) feet in width or an alternate buffer plan must be submitted to the Planning Board for review. The buffer plan must be a to scale sketch showing the property, the adjacent properties, highways or roads and the buffer to be used. (This includes height, location and material to be used.) The buffer must be installed before a Certificate of Occupancy can be issued. The buffer plan will remain in the zoning file. The buffering requirement may be waived by the County Commissioners upon recommendation of the Planning Board along any boundary, which is naturally screened by evergreen plant materials or topography, or may be deferred in isolated areas.

5.8.

Appearance. No industrial business shall maintain an aesthetic nuisance such as trash dumpsters in the front of the property, loading docks in the front of the property, abandoned equipment, used or new material that is being stored in public view or any other nuisance that may be determined by the County Commissioners. The Commissioners may also wavier the appearance requirement upon review of a valid request.

( TA-1-23-2012 ; TA-01-2015, Att. 2, 4-21-2015 )

6.1.

Density.

Outside Critical Area

(no critical area in Montgomery County).

One (1) dwelling unit per acre (40,000 sq. ft. excluding roadway right-of-way).

Twelve percent (12%) built-upon area for all developments other that single family residential. (Built upon areas shall be designed and sited to minimize stormwater runoff impact to the receiving waters and minimized concentrated stormwater flow.)

6.2.

Development Under 10/70 Rule. A maximum of ten percent (10%) of Montgomery County's area in the WS-II watershed outside the critical area as delineated on July 1, 1993 may be allowed to be developed up to seventy percent (70%) built-upon surface area, as determined on a project by project basis. For the purpose of calculating built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed.

Each project must to the maximum extent practicable minimize built-upon surface area, direct stormwater runoff away from surface waters, and incorporate Best Management Practices to minimize water quality impacts.

6.3.

Buffers. A vegetative buffer is required along all perennial waters (See Section 13.3 Buffer Specifications in Article I.)

6.4.

Use Restrictions. Best Management Practices are required for forestry and transportation.

• Silviculture activities are subject to the provisions of the Forest Practices Guidelines Related to Water Quality [15A NCAC 11 0101-0209].

• The Department of Transportation must use BMP's as described in their document, "Water Supply Watershed Best Management Practices."

No new discharging landfills are allowed.

7.1.

Density.

Outside Critical Area

(No critical area in Montgomery County).

One (1) dwelling unit per one-half (½) acre (20,000 sq. ft. excluding roadway right-of-way).

Twenty-four percent (24%) built-upon area for all developments other than single family residential. (Built-upon areas shall be designed and sited to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.)

7.2.

Development Under 10/70 Rule. A maximum of ten percent (10%) of Montgomery County's area in the WS-III watershed outside of the critical area as delineated on July 1, 1993 may be allowed to be developed up to seventy percent (70%) built-upon surface area, as determined on a project by project basis. For the purpose of calculating built-upon areas, the total project area shall include total acreage in the tract on which the project is to be developed.

Each project must to the extent practicable minimize built-upon surface area, direst stormwater runoff way from surface waters, and incorporate Best Management Practices to minimize water quality impacts.

7.3.

Buffers. A vegetative buffer is required along all perennial waters. (See Section 13.3 Buffer Specifications in Article 1.)

7.4.

Use Restrictions. Best Management Practices are required for forestry and transportation.

• Silviculture activities are subject to the provisions of the Forest Practices Guidelines Related to Water Quality [15A NCAC 11.0101-0209].

• The Department of Transportation must use BMP's as described in their document, "Water Supply Watershed Best Management Practices."

No new discharging landfills are allowed.

8.1.

Density. The following applies only to projects requiring a Sediment/Erosion Control Plan (involving one (1) acre or more of land disturbing activity).

Critical Area

One (1) dwelling unit per one-half (½) acre (20,000 sq. ft. excluding roadway right-of-way).

Twenty-four percent (24%) built-upon area for all development other than single family residential. (Built-upon areas shall be designed an sited to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.)

Protected Area

With Curb and Gutter:

One (1) dwelling unit per one-half (½) acre (20,000 sq. ft. excluding roadway right-of-way).

Twenty-four percent (24%) built-upon area for all development other than single family residential.

Without Curb and Gutter:

One (1) dwelling unit per one-third ( 1/3 ) acre (excluding roadway right-of-way).

Thirty-six percent (36%) built-upon area for all development other than single family residential.

8.2.

Development Under 10/70 Rule. A maximum of ten percent (10%) of Montgomery County's area in the WS-IV watershed outside the critical area as delineated on July 1, 1993 may be allowed to be developed up to seventy percent (70%) built-upon surface area, as determined on a project by project basis. For the purpose of calculating built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed.

Each project must to the maximum extent practicable minimize built-upon surface area, direct stormwater runoff away from surface waters, and incorporate Best Management Practices to minimize water quality impacts.

8.3.

Buffers. A vegetative buffer is required along all perennial waters. (See Section 13.3 Buffer Specifications in Article I.)

8.4.

Use Restrictions.

Critical Area

Agriculture, forestry, and transportation are required to use Best Management Practices (BMP's).

• Agricultural activities are subject to provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990. Activities in the WS-IV critical area must maintain a ten (10) foot vegetated buffer or equivalent control, and animal operations with greater than one hundred (100) animal units must use BMP's as determined by the Soil and Water Conservation Commission.

• Silviculture activities are subject to the provisions of the Forest Practices Guidelines Related to Water Quality [15A NCAC 11.0101-0209].

• The Department of Transportation must use BMP's as described in their document, "Water Supply Watershed Best Management Practices."

No new landfills are allowed.

No new residuals or petroleum contaminated soil application sites are allowed.

Protected Area

Forestry and transportation activities must use Best Management Practices.

• Silviculture activities are subject to the provisions of the Forest Practices Guidelines Related to Water Quality [15A NCAC 11 0101-0209].

• The Department of Transportation must use BMP's as described in their document, "Water Supply Watershed Best Management Practices."