Erosion Control: Apex vs Cary
How do erosion control rules compare between Apex, NC and Cary, NC?
Apex and Cary have similar restriction levels.
Apex, NC
Wake County
Apex enforces erosion and sedimentation controls under the NC Sedimentation Pollution Control Act of 1973 (NCGS Chapter 113A, Article 4) and the Apex Soil and Erosion Control Ordinance. An approved Erosion Control Plan is required for any land-disturbing activity exceeding 20,000 square feet — significantly lower than the 1-acre state floor under NCGS 113A-50 et seq. The application fee is $600 per disturbed acre with no maximum, plus a $2,500 per disturbed acre performance guarantee. Proper erosion control measures are required for every construction site regardless of size, including single-family residences. Program contact: James Misciagno, CES, CPESC, Stormwater Field Services Supervisor.
View full Apex rules →Cary, NC
Wake County
Wake County is delegated by the State of NC to enforce the Sedimentation Pollution Control Act (NCGS Ch. 113A Art. 4). Wake County UDO Article 10 requires an Erosion & Sedimentation Control Plan and permit for any land-disturbing activity of 12,000 sq ft or more, or any single-family lot 20,000 sq ft or more.
View full Cary rules →Key Facts Comparison
| Fact | Apex | Cary |
|---|---|---|
| State Authority | NCGS 113A-50 to 113A-67 (SPCA of 1973) | - |
| State Rules | 15A NCAC 04B | - |
| Local Plan Trigger | 20,000 sq ft (vs. 1-acre state floor) | - |
| Application Fee | $600 per disturbed acre (no max) | - |
| Performance Guarantee | $2,500 per disturbed acre | - |
| Construction NPDES | NCG010000 (1 acre or more) | - |
| Civil Penalty | Up to $5,000/day per NCGS 113A-64 | - |
| Contact | Stormwater Field Services — (919) 362-8166 | - |
| Trigger | - | 12,000 sq ft disturbance |
| Residential trigger | - | 20,000 sq ft |
| Ground cover deadline | - | 7 days |
| Buffer | - | Neuse 50 ft |
| Max penalty | - | $5,000/day |
Highlighted rows indicate differences between cities.
Apex FAQ
When does my Apex project trigger an erosion control plan?
At 20,000 square feet of land disturbance under the Apex Soil and Erosion Control Ordinance — far lower than the 1-acre threshold in the state Sedimentation Pollution Control Act of 1973 (NCGS 113A-50 et seq.). Application fees are $600 per disturbed acre rounded to the nearest 1/10 with no maximum, plus a $2,500-per-acre performance guarantee due before plan approval. Apply through the Town's Stormwater Field Services Supervisor at (919) 362-8166. Sites of 1 acre or more must also enroll in the NC DEMLR NPDES Construction General Permit NCG010000.
Why is erosion control stricter in Apex than under state law?
Apex sits in the Upper New Hope arm of the B. Everett Jordan Reservoir watershed and partly in the Swift Creek TMDL watershed — both of which are already impaired by nutrients and sediment. The Town has lowered the disturbance trigger to 20,000 square feet (about 0.46 acre) rather than the state's 1-acre floor, requires erosion measures on every site regardless of size, and posts a $2,500-per-disturbed-acre performance guarantee. Violations carry civil penalties up to $5,000 per day under NCGS 113A-64.
Cary FAQ
Does a small residential foundation need a plan?
Only if disturbance exceeds the 12,000 sq ft (or 20,000 sq ft single-family) threshold. Most single-home foundations don't trigger but driveways + grading often do.
Who is the local contact?
Wake County Watershed Management Division — sedimentation control plan review and inspections. Call 919-856-7400.
What if the site is inside Raleigh?
Raleigh runs its own delegated program. Apply through the City of Raleigh Stormwater Department for sites inside city limits.
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