Environmental Rules in Cary, NC: What Residents Actually Need to Know
If you live in Cary or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Cary has 4 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.
Erosion Control
The Town of Cary makes it unlawful to conduct land-disturbing activity without a grading permit, and requires erosion and sedimentation control measures under its Land Development Ordinance during and after construction.
Key details: Permit required: Grading permit before disturbance. Ground cover deadline: 15 calendar days. Design storm: 10-year storm event. Applies in: Town limits and ETJ. Exempt: Present-use-value ag/forest land.
Conducting land-disturbing activity without an approved grading permit is unlawful; the Town may order additional protective action for ongoing sedimentation, deny future permits to repeat violators, and assess civil penalties under the Sedimentation Pollution Control Act.
Compared to other cities, Cary takes a harder line on erosion control. The enforcement and penalty structure reflects that.
Flood Zones
The Town of Cary requires a Floodplain Development Permit before any construction begins in a Special Flood Hazard Area or Future Conditions Flood Hazard Area, reviewed by the Town's Floodplain Administrator.
Key details: Permit required: Floodplain Development Permit. Issuing office: Floodplain Administrator. Applies in: Special/Future Flood Hazard Areas. Also covers: Town's ETJ, not just town limits. Non-res. structures: Need ZBA special use permit.
No permit, certificate, or approval may issue for development that does not meet the flood damage prevention standards; the Floodplain Administrator's decisions are appealable to the Zoning Board of Adjustment.
This is one of the stricter rules in Cary's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.
Stormwater Management
New development in the Town of Cary cannot increase peak stormwater runoff leaving the site during a one-year design storm, under the town's Land Development Ordinance.
Key details: Standard: no net increase, 1-yr design storm. Exemption threshold: under 10% net increase in peak flow. Calculation methods: Rational Method, TR-55, Putnam, USGS. Applies to: new development, redevelopment.
Development plans that fail to demonstrate no net increase in peak runoff are not approved by the Town; ongoing noncompliance on a built site is enforced as a Land Development Ordinance violation.
Flood Elevation Requirements
New homes in Cary flood zones must sit at least 2 feet above the base flood elevation, not just at it.
Key details: Freeboard above BFE: 2 feet. Applies to: New construction, substantial improvements. Permit required from: Floodplain Administrator. Non-residential option: Flood-proof to same elevation.
Building below the required elevation without a floodplain development permit is enforced by Cary's Floodplain Administrator; noncompliant structures must be brought into compliance or face permit denial and potential removal.
The Bottom Line
Cary is tougher than many cities when it comes to environmental rules. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Cary, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.
These rules come from Cary's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.