FAYETTEVILLE — Fayetteville landowners expressed concern Monday night to the Planning Commission over an ordinance aimed to protect the water purity of streams that run through local properties.
Landowners could be limited to the use of 50 feet of land that starts from a stream’s bank under the proposed ordinance. The ordinance would in effect create zones along streams and creeks where vegetation would filter pollutants from runoff.
A stream is defined by the ordinance as a waterway that drains 100 acres or more.
“A 50-foot buffer could reduce approximately 75 percent of the nutrient load in the water,” said Karen Minkel, city director of strategic planning and internal consulting.
The proposed ordinance would prevent buildings, parking lots, junkyards, septic systems and other forms of development within those 50 feet.
City staff asked the commission to table the ordinance to allow for more research. Minkel said staff have been fielding at least five calls per day from landowners who are unclear about what the city is proposing.
Most of the near dozen people who addressed the commission were against the ordinance.
Dave Constien, a commercial developer, said his company owns a subdivision close to Interstate 540 and Wedington Drive. Constien was concerned with the city practicing what he called “taking,” or eminent domain.
“We believe that this is a taking,” Constien said. “We understand the need for it, but it’s just like a city street. If you need the city street, you can condemn the land and you can take it. With this ordinance, you’re condemning our land and you’re taking it.”
City attorney Kit Williams told those in attendance the city was not rushing into approving an ordinance. He said there is more the city needs to know before it will make any decision on the ordinance.
Not only did the commission table the ordinance, but Williams said the City Council would more than likely debate the ordinance in a few meetings before any decision is made.
Bob Caulk, chairman of the Fayetteville Natural Heritage Association, supported the ordinance. He said several cities have the same type of ordinance and 50-foot buffer zones.
“The current proposal that’s on the table does an excellent job in water quality and protection,” Caulk said.
The proposed ordinance will protect and promote a green infrastructure, he said.