Winston-Salem, NC Environmental Rules: Erosion Control (2026)
Key Facts
- Law
- NC Sedimentation Pollution Control Act
- Threshold
- 1 acre disturbance
- BMPs
- Silt fence, stabilized entrance
- Ground Cover
- Required 7-14 days
- Penalty
- Up to 5,000 per day
Summary
Winston-Salem enforces NC Sedimentation Pollution Control Act requiring erosion control plans for land-disturbing activities over 1 acre. Silt fences, construction entrances, and sediment basins required. City is a delegated local program with its own enforcement authority.
The mission of the Erosion and Sediment Control (E&SC) Program is to allow development within our state while preventing pollution by sedimentation. In cooperation with the Sedimentation Control Commission and pursuant to the Sedimentation Pollution Control Act of 1973, the Erosion and Sediment Control Program: Develops, adopts, and revises rules and regulations for erosion and sediment control. Assists and encourages local programs and other agencies in developing erosion and sedimentation control programs. Develops and distributes recommended methods of erosion and sedimentation control, including the E&SC Planning and Design Manual. [...] Requires the submission of erosion and sedimentation control plans, and completes or delegates the completion of the review, inspection, and enforcement of those plans and their associated projects. [...] As of July 1, 2025, the E&SC application fee is $119/per acre for new or revised plans. The express fee is unchanged. [...] Each year, thousands of acres of land in NC are exposed during the course of construction and development. Without protective practices, the land is left vulnerable to the ravages of wind and rain. The four types of soil erosion on exposed terrain are: splash, sheet, rill/gully, and stream/channel erosion that strip the land of the nutrient-rich topsoil. [...] Best Management Practices (BMPs) can be used to control erosion and prevent off-site sedimentation, thus reducing water pollution due to sedimentation.
Full Breakdown
Winston-Salem operates a delegated local erosion control program under the NC Sedimentation Pollution Control Act of 1973 (NCGS Chapter 113A Article 4). Any land-disturbing activity exceeding 1 acre requires an approved erosion and sedimentation control plan submitted to the city Stormwater Division before work begins. Plans must include silt fencing on downslope perimeters, stabilized construction entrances to prevent track-out, sediment basins or traps for larger sites, temporary and permanent ground cover, and inspection schedules. Smaller projects (under 1 acre) still must prevent visible off-site sedimentation. City inspectors conduct regular site visits during active construction. Work in or near streams, wetlands, or the 100-year floodplain requires additional state and federal permits including Section 401 water quality certification and Section 404 Army Corps permits.
Violations & Fines
Operating without plan: stop-work order, civil penalty up to 5,000 dollars per day. Off-site sedimentation: restoration required plus penalties.
Frequently Asked Questions
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Sources & Official References
Other rules in Winston-Salem
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