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Cary, NC Environmental Rules: Erosion Control (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

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

Summary

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.

Except as provided in paragraphs (B) and (C) below, it shall be unlawful to conduct any land-disturbing activity without first obtaining a grading permit from the Town... Slopes left exposed shall be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion within fifteen (15) calendar days after completion of any phase of grading.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2023 S-87_S-57: Current through local ordinance 2022-Code-05, passed 11-17-2022 and effective 11-17-2022 | LDO: Current through local ordinance 2022-LDO-04, passed 11-17-22 and effective 11-17-22).

Full Breakdown

LDO § 3.13.2(A) declares it unlawful to conduct land-disturbing activity in Cary or its extraterritorial jurisdiction without first obtaining a grading permit, with narrow exemptions for agriculture and forestry land. LDO § 14.4.3 then sets the technical standards: protective ground cover within 15 calendar days of exposed slopes, conveyance-channel velocity limits tied to a ten-year storm, and site-specific grading caps for residential development. If the Town finds significant sedimentation is occurring despite installed measures, § 3.13.6(C) lets it order additional protective action.

Violations & Fines

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.

Frequently Asked Questions

Do I need a permit before grading a construction site in Cary?
Yes. Under LDO § 3.13.2(A) it is unlawful to conduct land-disturbing activity in Cary or its ETJ without first obtaining a grading permit, except for exempted agricultural or forestry land.
How fast must exposed soil be stabilized in Cary?
Slopes left exposed must be planted or given ground cover sufficient to restrain erosion within 15 calendar days after any grading phase is completed, per LDO § 14.4.3(B).

Sources & Official References

Other rules in Cary

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