Kill Devil Hills, NC Environmental Rules: Erosion Control (2026)

Section 153.071 SOIL EROSION AND SEDIMENTATION CONTROL applies townwide to regulated land-disturbing activity, with limited exclusions for agricultural production, forestry conducted under state Forest Practice Guidelines, mining-act permitted activity and a few federal wetlands-restoration categories. Under § 153.071(C)(1), "No person shall initiate any land-disturbing activity which uncovers more than 1/2 acre without having an erosion control plan approved by the town," and § 153.071(E)(1) requires that plan be filed with the town and the Dare County Soil and Water Conservation District "30 days prior to the commencement of the proposed activity." The mandatory standards in § 153.071(D) require a buffer along any lake or natural watercourse sufficient to confine visible siltation within 25% of the buffer nearer the disturbed area, cap graded slope angles to what vegetative cover or erosion-control devices can retain, require exposed slopes to be planted or stabilized within 21 days of any grading phase, and require permanent ground cover after construction within 15 working days or 90 calendar days, whichever is shorter.

Enforcement carries both civil and criminal exposure: § 153.071(R)(1)(a) sets a civil penalty of up to $5,000 per violation, with each day of a continuing violation constituting a separate violation, and a single non-continuing $5,000 civil penalty applies to anyone who simply fails to file a required plan. Knowing or willful violations are a Class 2 misdemeanor under § 153.071(R)(2), citing G.S. § 113A-64, punishable by a fine up to $5,000. Civil penalty appeals go to a town hearing within 15 days of a written demand, with a final decision from the Board of Commissioners within ten days of the hearing recommendation and any further appeal to Dare County Superior Court under § 153.071(R)(1)(d)-(f).

The town may also seek injunctive relief in Superior Court under § 153.071(S) and can require restoration of affected waters and land under § 153.071(T).