New Hanover County, NC Environmental Rules: Erosion Control (2026)
Key Facts
- Governing article
- Code of Ordinances §§ 23-231 through 23-252
- Plan required
- Disturbance over 1 acre
- Permit exemption
- Under 43,560 sq. ft. disturbed
- Plan filing deadline
- 30 days before work starts
- Trout water buffer
- 25 feet undisturbed minimum
- Ground cover deadline
- 30 working / 120 calendar days
- Civil penalty
- Up to $5,000.00 per day
Summary
New Hanover County requires an approved erosion and sedimentation control plan before any land disturbing activity that uncovers more than one acre in the unincorporated area, under Code of Ordinances Sec. 23-235. No building permit issues without the required sign-off, and violators face civil penalties of up to $5,000.00 per day.
Sec. 23-235. - General requirements. (a)Plan required. No person shall initiate any land disturbing activity which uncovers more than one acre without having an erosion control plan approved by the county. No land disturbing activity may be initiated until the county is notified of the date that the land disturbing activity will begin.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 15 Update 1).
Full Breakdown
Sec. S. 153A-357 and 160A-417. Sec. 23-247 requires a separate permit for the disturbance itself, exempting firefighting, certain stockpiling, and any disturbance under 43,560 square feet, which the code notes is meant to cover a single-family home on a single lot. 00 per acre over ten acres. Sec. 23-248 requires the plan to be filed with the county engineering department, the New Hanover Soil and Water Conservation District, and, outside municipal limits, the county planning department, at least 30 days before work starts; the county then has 30 days to approve, modify or disapprove it, or approval is automatic.
Sec. 23-237 sets mandatory field standards: a buffer zone along any lake or watercourse sufficient to confine visible siltation, with trout waters getting a 25-foot undisturbed buffer; graded slopes limited to what vegetative cover can hold, generally no steeper than two feet of run to one foot of rise without county approval; and ground cover restored within 30 working days or 120 calendar days of completing any grading phase, whichever is shorter. Sec. S. 113A-61(c).
Violations & Fines
Sec. 23-251 makes any violation, or land disturbance conducted outside an approved plan's terms, subject to a civil penalty of up to $5,000.00 per calendar day, assessed by the county manager after notice and a chance to correct; each day of continuing violation is a separate offense. A knowing or willful violation is also a Class 2 misdemeanor carrying a fine of up to $5,000.00 per calendar day under Sec. 23-251(b), and Sec. 23-252 lets the county seek an injunction in superior court on top of any penalty.
Frequently Asked Questions
Does New Hanover County require an erosion control plan to build a house?
How close to a creek can I disturb land during construction in New Hanover County?
What is the fine for erosion control violations in New Hanover County?
Can I appeal if New Hanover County disapproves my erosion control plan?
Sources & Official References
Other rules in New Hanover County
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