Johnston County, NC Environmental Rules: Erosion Control (2026)
Key Facts
- Disturbance threshold
- 1 acre, or any size in a common plan
- Plan filed
- 30+ days before work begins
- Plan review time
- 30 days, deemed approved if silent
- Ground cover deadline
- Within 90 days of completion
- Civil penalty
- Up to $5,000 per violation
- Criminal penalty
- Class 2 misdemeanor, up to $5,000
- Permit expires
- 3 years without construction start
Summary
In unincorporated Johnston County, no one may disturb one acre of land, or any acreage that is part of a larger common plan of development, without first filing an erosion and sedimentation control plan under Johnston County Code § 14-686. The Stormwater Manager must approve the plan before grading starts, and violators face civil penalties up to $5,000 per violation.
(a) Applicability. Except as provided in Section 14-684(b), it is unlawful to conduct any land disturbing activity that will result in the disturbance of land equal to or greater than one acre, or that will result in the land disturbance of less than one acre if part of a larger common plan of development or sale, including without limitation a subdivision, until an erosion and sedimentation control plan has been issued by the County.
Full Breakdown
Johnston County Code § 14-686(a) makes it unlawful to begin any land-disturbing activity of one acre or more, or any smaller tract that is part of a larger common plan of development or sale such as a subdivision, until the County has issued an approved erosion and sedimentation control plan. Applicants must submit the plan to the Johnston County Stormwater Manager at least 30 days before work begins, along with the items on the county's Erosion and Sedimentation Control Checklist, administrative fees, engineering drawings, maps and a statement of financial responsibility naming the party who will answer for the site (§ 14-686(b)-(d)).
The County has 30 days to approve, approve with modifications or disapprove a complete plan; a plan not acted on within 30 days is deemed approved (§ 14-686(f)). An approved permit becomes null and void if no construction begins within three years (§ 14-686(g)(1)). Mandatory field standards under § 14-685 require a buffer along any lake or natural watercourse sufficient to confine visible siltation within the 25 percent of the buffer nearest the disturbed area, temporary ground cover on graded slopes within 14 calendar days of completing a grading phase, and permanent ground cover within 90 calendar days of completing construction.
A disapproved plan can be appealed directly to the state Sedimentation Control Commission, and a civil penalty assessment can be contested before the Johnston County Board of Adjustment within 30 days, with further appeal by certiorari to Superior Court (§§ 14-686(i), 14-699(a)(4), (6)).
Violations & Fines
Violating the erosion control article draws a civil penalty of up to $5,000 per violation, with each day of a continuing violation counted separately, under Johnston County Code § 14-699(a)(1). The Stormwater Manager sets the amount using factors including harm caused, cost to fix it and any money saved by noncompliance. Knowing or willful violations are also a Class 2 misdemeanor punishable by a fine of up to $5,000 under G.S. 113A-64 (§ 14-699(b)).
Frequently Asked Questions
Do I need a permit before clearing land in unincorporated Johnston County?
How long does Johnston County take to approve an erosion control plan?
What happens if my erosion control permit sits unused?
What can Johnston County do if I violate my approved plan?
Sources & Official References
Other rules in Johnston County
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