Can We Build a Deck If We Have SWIM Buffer?

SWIM

• The Surface Water Improvement & Management (SWIM) Program sets out measures to protect and enhance water quality and quantity, and green space, in Mecklenburg County, North Carolina. The objective of SWIM is to reclaim and protect the county's surface waters to maintain a condition where fish can thrive and people can swim. Several avenues are followed as part of a long-range plan to address multiple issues. The city of Charlotte, Mecklenburg County, and six towns in the county have adopted SWIM ordinances to implement the program.

SWIM Buffers

• Buffer zones are a key part of the SWIM strategy. Land adjacent to creeks is protected from development so that the functions of creek-side vegetation -- such as natural filtering, erosion control and floodwater storage -- are protected. A three-zone buffer is in effect, with the level of protection most stringent in the stream-side zones, which should be left in their natural state. Managed-use zones permit some types of development, with restrictions; and the upland zone, next to the house, permits some construction activities, with restrictions.

Buffer Zones and Private Property

• Some properties were exempted from SWIM buffers when the plan was initiated, such as those with construction already planned and under way or to minimize interference with pre-existing land use. Each town sets out the width of SWIM buffers in their ordinances, with variation between jurisdictions. The definition of a stream that requires a buffer may also differ from one town to another. SWIM buffers are clearly marked on all construction documents and on the record plat for the property.

Deck Construction in SWIM Buffer Zones

• Construction activities are controlled in SWIM buffer zones, with the main objective to minimize the percentage of impervious surfaces in the buffer zone. Depending on the type of stream the buffer is protecting, the installation of approved piers may be permitted, and slatted decking that allows rainfall to pass through. Putting a roof on the deck would impede the objective of the program. The SWIM program has flexibility in that it offers the opportunity to propose mitigation measures to offset an impact on the buffer.