Union County, NC Environmental Rules: Erosion Control (2026)
Key Facts
- Gatekeeper agency
- NCDENR erosion control plan approval
- Before approval
- No construction, permits, or plat approval
- Amended
- July 1, 2021
- Related stormwater cap
- §60.170, pre-development discharge rate
- State exemption reference
- NCGS 113A-52.01
Summary
Unincorporated Union County will not approve a development causing land-disturbing activity until the state's environmental agency has approved, or signaled it will approve, an erosion and sedimentation control plan for the site.
Sedimentation and Erosion Control No development may be approved that would cause land-disturbing activity requiring prior submission of an erosion and sedimentation control plan to the North Carolina Department of Environment and Natural Resources (NCDENR) unless NCDENR certifies to the county, either that:
1. An erosion control plan has been submitted to and approved by NCDENR; or that
2. NCDENR has examined the preliminary plans for the development and it reasonably appears that an erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin, no building permits may be issued and final plat approval for subdivisions may not be given until NCDENR approves the erosion control plan.
Full Breakdown
180 of the Unified Development Ordinance bars county approval of any development that would cause land-disturbing activity requiring a state erosion and sedimentation control plan, unless the North Carolina Department of Environment and Natural Resources (NCDENR) certifies to the county either that a plan has already been submitted and approved, or that NCDENR has examined preliminary plans and it reasonably appears a plan can be approved once the developer submits more detailed construction drawings. In that second case, the ordinance is explicit that construction may not begin, no building permits may be issued, and no final plat may be approved for a subdivision until NCDENR actually approves the erosion control plan; the preliminary sign-off is not enough on its own.
01. This section was amended July 1, 2021. 170, which cap post-development discharge rates at the property boundary to the pre-development rate for the 2-, 10- and 50-year storm events for developments disturbing more than one acre, or a quarter acre of impervious area.
Violations & Fines
Because the erosion control plan requirement is a precondition to permit issuance and plat approval, the administrator can simply withhold building permits and final plat approval until NCDENR's certification is in hand. If land-disturbing work proceeds without the required plan or certification, the general UDO enforcement powers of Section 95.020 apply: permit denial or revocation, a warning citation with 10 days to correct, escalating fines of $50, $200 and $500 for repeat citations, and a misdemeanor charge under NCGS 14-4 carrying up to a $500 fine or 30 days imprisonment, with each day of continuing violation a separate offense.
Frequently Asked Questions
Can I get a building permit before my erosion control plan is approved?
What counts as land-disturbing activity under this rule?
Who approves the erosion control plan, the county or the state?
Sources & Official References
Other rules in Union County
Compare Union County to another location·View the North Carolina environmental rules overview
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