Durham, NC Environmental Rules: Erosion Control (2026)

The Durham Unified Development Ordinance regulates land-disturbing activity under Sec. 8, Sedimentation and Erosion Control, and Sec. 10, which apply jointly to the City of Durham and unincorporated Durham County. A sedimentation and erosion control plan is required whenever a project disturbs more than 20,000 aggregate square feet, or 12,000 square feet within the Lake Michie/Little River, Falls/Jordan, or Eno River watershed protection overlay districts (Sec. 2). Projects disturbing less than 12,000 square feet are exempt unless the Sedimentation and Erosion Control Officer determines off-site damage is occurring or likely.

Plans must be filed with the Durham County Sedimentation and Erosion Control Office at least 30 days before land-disturbing activity begins, sealed by a registered professional engineer, landscape architect, or certified erosion-control professional, though the seal can be waived for simple single-family sites (Sec. 2). Applicants must also obtain a land-disturbing permit by submitting the fee, an approved site plan, a Financial Responsibility/Ownership form, and, for activity over five acres, improvement security such as a performance bond. The Sedimentation and Erosion Control Officer must approve, modify, or disapprove a complete plan within 30 days, or it is deemed approved.

Permit holders other than single-family lots under one acre must self-inspect after each construction phase and keep inspection records on site (Sec. 6). A land-disturbing permit expires one year after issuance if work has not begun, or after two years unless extended up to six months at 25% of the current fee (Sec. 10). Disapproved plans can be appealed to the Durham County Board of Commissioners within 15 days, then to the State Sedimentation Control Commission (Sec. 9).