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Johnston County, NC Environmental Rules: Erosion Control (2026)

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

These county ordinances apply to unincorporated areas of Johnston County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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?
Yes. Johnston County Code § 14-686(a) makes it unlawful to disturb one acre or more, or any smaller tract that is part of a larger common plan of development, until the County has issued an approved erosion and sedimentation control plan. Submit the plan to the Stormwater Manager at least 30 days before starting work.
How long does Johnston County take to approve an erosion control plan?
The County reviews a complete plan within 30 days of receipt and must approve, approve with modifications, or disapprove it in that time. If the County does not act within 30 days, the plan is automatically deemed approved under § 14-686(f).
What happens if my erosion control permit sits unused?
It becomes null and void. Section 14-686(g)(1) voids any approved plan if no construction activity has begun within three years of the date the permit was issued, requiring a new plan before work can start.
What can Johnston County do if I violate my approved plan?
The County can assess a civil penalty of up to $5,000 per violation, with each day of a continuing violation treated separately, and can pursue a Class 2 misdemeanor charge carrying a fine up to $5,000 for knowing or willful violations under § 14-699.

Sources & Official References

Other rules in Johnston County

All Johnston County rules

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