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Fayetteville, NC Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing statute
N.C.G.S. § 113A-57
Plan required above
1 acre of disturbance
Filing lead time
30+ days before starting work
Ground-cover deadline
21 days after grading phase
Max civil penalty
$5,000.00 per violation
Local administrator
City Engineer or NC Land Quality Section

Summary

Fayetteville has no standalone local erosion ordinance; grading and construction erosion control instead runs on North Carolina's Sedimentation Pollution Control Act, N.C.G.S. § 113A-57, enforced through the city engineer or the state's Land Quality Section under the City's own subdivision review.

(3) Whenever land-disturbing activity that will disturb more than one acre is undertaken on a tract, the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development within a time period to be specified by rule of the Commission. (4) No person shall initiate any land-disturbing activity that will disturb more than one acre on a tract unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved by the agency.

Source: Fayetteville Code of Ordinances & Unified Development OrdinanceView official code

Full Breakdown

§ 113A-57 sets five mandatory statewide standards for any land-disturbing activity. A buffer zone must be kept along any lake or natural watercourse wide enough to confine visible siltation within the 25 percent of the buffer nearest the disturbance, with trout waters getting a 25-foot minimum buffer. Graded slopes and fills may be no steeper than vegetation or erosion-control structures can hold, and exposed slopes must get temporary or permanent ground cover within 21 calendar days of completing any grading phase. Whenever a tract disturbs more than one acre, the person conducting the work must install devices sufficient to retain sediment on-site during construction and establish permanent ground cover afterward.

No one may start such an over-one-acre disturbance until an erosion and sedimentation control plan is filed at least 30 days ahead and approved by the agency with jurisdiction (or under an approved express-permit program, less than 30 days), and the work must then follow the approved plan. Fayetteville's own subdivision rules confirm this state framework governs locally: applications must be accompanied by a Sedimentation and Erosion Control Plan approved by the city engineer or, where applicable, the North Carolina Division of Energy, Mineral and Land Resources' Land Quality Section.

S. 1, and it is unlawful to resist or obstruct an inspector. S. 00 cumulative if damage is abated within 180 days of a first notice), assessed by the administering agency with 30 days to pay or file a contested case petition, plus criminal penalties for knowing or willful violations.

Violations & Fines

A civil penalty up to $5,000.00 per violation applies under G.S. 113A-64(a), with each day of continuing violation a separate violation and a $25,000.00 cumulative cap if damage is abated within 180 days of notice; unpaid assessments may be pursued by civil action within three years, and knowing or willful violations carry criminal penalties.

Frequently Asked Questions

Does Fayetteville have its own erosion control ordinance?
No standalone chapter exists in the City Code. Erosion and sediment control during construction is administered under the state Sedimentation Pollution Control Act, N.C.G.S. § 113A-57, with Fayetteville's subdivision rules requiring plan approval from the city engineer or the state's Land Quality Section.
At what size project does an erosion plan become mandatory?
Section 113A-57(3) and (4) trigger once a tract's land-disturbing activity exceeds one acre; the plan must be filed at least 30 days before work starts and approved before disturbance begins, unless submitted under an approved express-permit program.
How wide a buffer must I leave near a stream?
Section 113A-57(1) requires a buffer wide enough that visible siltation stays within the 25 percent of the buffer nearest the disturbance; state-classified trout waters get a minimum 25-foot undisturbed buffer regardless.
What's the maximum penalty for a sediment violation?
G.S. 113A-64(a) caps a civil penalty at $5,000.00 per violation, though the cumulative total for a first-time violator who abates the damage within 180 days is capped at $25,000.00; each day of continuing violation counts separately.

Sources & Official References

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