Apex, NC Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger threshold
- 20,000 sq ft disturbed
- Permit required
- Town grading permit + approved plan
- Max civil penalty
- $5,000 per day
- Criminal penalty
- Class 2 misdemeanor
- Geographic scope
- Corporate limits plus mapped ETJ
Summary
Apex requires an approved erosion control plan and a town grading permit before any land-disturbing activity uncovers more than 20,000 square feet, inside the corporate limits and the mapped ETJ.
No person shall initiate any land-disturbing activity which uncovers more than 20,000 square feet without having a soil erosion and sedimentation control plan approved by the town as evidenced by receipt of a letter of soil erosion and sedimentation control plan approval, provide a performance guarantee per section 5-162, and obtain a grading permit from the town.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
Any land-disturbing activity in Apex that uncovers more than 20,000 square feet needs a soil erosion and sedimentation control plan approved by the town, a performance guarantee, the state NPDES construction stormwater permit (NCG01), and a town grading permit before work starts (Town Code § 5-145). Sites under 20,000 square feet skip the full plan but must still install silt fencing, a stabilized construction entrance, and rock check dams, and file an erosion-control maintenance agreement with building inspections. Separately, altering the contours or drainage of land in a way that affects a floodplain or drainage channel needs code enforcement officer approval under § 5-65. Both rules reach Apex's corporate limits and its mapped extraterritorial jurisdiction in Wake County.
Violations & Fines
Grading without an approved plan or permit draws a civil penalty up to $5,000 per day, capped at $25,000 total per project; knowing or willful violations are a Class 2 misdemeanor under G.S. 113A-64.
Frequently Asked Questions
Do I need a permit to grade my Apex property?
Who approves changes to drainage on my land in Apex?
Sources & Official References
Other rules in Apex
Compare Apex to another location·View the North Carolina environmental rules overview
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Erosion Control in Nearby Cities
How other cities in Wake County handle erosion control.