Kill Devil Hills, NC Environmental Rules: Erosion Control (2026)
Key Facts
- Plan trigger
- Disturbing more than 1/2 acre
- Filing lead time
- 30 days before work begins
- Stabilization deadline
- 21 days after grading phase
- Max civil penalty
- $5,000 per day
- Criminal exposure
- Class 2 misdemeanor, up to $5,000 fine
- Governing section
- Town Code § 153.071
Summary
In the Town of Kill Devil Hills, North Carolina, disturbing more than half an acre of land requires a town-approved erosion and sedimentation control plan filed at least 30 days ahead of work, and violations carry civil penalties up to $5,000 per day plus possible criminal misdemeanor charges.
(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. ... (a) Civil penalty for a violation. Any person who violates any of the provisions of this section ... is subject to a civil penalty. The maximum civil penalty that the town may assess is $5,000. ... Each day of a continuing violation shall constitute a separate violation.
Full Breakdown
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. 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.
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. § 113A-64, punishable by a fine up to $5,000. 071(R)(1)(d)-(f). 071(T).
Violations & Fines
Initiating land-disturbing activity over half an acre without an approved erosion control plan, or failing to follow an approved plan's terms, exposes the responsible party to a civil penalty of up to $5,000 per day under § 153.071(R)(1)(a), and a knowing or willful violation is a Class 2 misdemeanor under § 153.071(R)(2) carrying a fine up to $5,000 per G.S. § 113A-64; the town may also pursue injunctive relief in Dare County Superior Court and require restoration of any waters or land damaged by sedimentation.
Frequently Asked Questions
When does a construction project in Kill Devil Hills need an erosion control plan?
How quickly must exposed slopes be stabilized during construction in Kill Devil Hills?
What are the penalties for violating Kill Devil Hills' erosion control ordinance?
Sources & Official References
Other rules in Kill Devil Hills
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