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Burlington, NC Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 32-9
Standard
Post-construction runoff velocity capped
Benchmark
Ten-year storm, velocity table or pre-development
Plan filed with
City + County Soil and Water District
Civil penalty
Up to $5,000 per violation
Criminal penalty
Class 2 misdemeanor, up to $5,000

Summary

In the City of Burlington, North Carolina, anyone disturbing land for construction must keep stormwater leaving the site from speeding up erosion downstream. Section 32-9 of the soil erosion and sedimentation control ordinance sets a hard performance standard: post-construction runoff velocity at the discharge point cannot exceed either a fixed velocity table or the site's pre-development runoff speed, whichever is greater.

(a)Intent. Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity.(b)Performance standard. Persons shall conduct land-disturbing activity so that the post construction velocity of the ten-year storm runoff in the receiving watercourse to the discharge point does not exceed the greater of:(1)The velocity established by the maximum permissible velocities table set out within this subsection; or(2)The velocity of the ten-year storm runoff in the receiving watercourse prior to development.

Full Breakdown

Chapter 32, the City of Burlington Soil Erosion and Sedimentation Control Ordinance, regulates land-disturbing activity to keep accelerated erosion from polluting the city's lakes and watercourses, including its own Lake Mackintosh and Lake Cammack reservoirs. Section 32-4 requires a plan approval before starting any land-disturbing activity, with an exception for disturbances under 43,560 square feet, roughly one acre. Section 32-9 targets what happens after construction: stream banks and channels downstream from a land-disturbing site must be protected from accelerated erosion caused by increased runoff velocity.

The performance standard requires that the velocity of the ten-year storm's runoff at the discharge point, after construction, not exceed the greater of two benchmarks: the maximum permissible velocity listed in the code's table for the receiving soil or channel material, or the ten-year storm velocity that existed before development. If a site cannot meet either benchmark, the receiving watercourse down to the discharge point must be engineered to withstand the higher expected velocity. Section 32-9(c) lists acceptable ways to hit that standard: promoting infiltration to offset new impervious surface, using vegetated or roughened swales instead of high-velocity paved channels, installing energy dissipaters at pipe outlets, improving channel cross-sections or lining, or upgrading the receiving structure so it can handle the increased flow.

Section 32-9(d) exempts a project if the applicant can show to the city that its discharge velocities will not create an erosion problem downstream. Plans are filed with the city and simultaneously with the Alamance or Guilford County Soil and Water Conservation District, and the city has thirty days to approve, modify, or deny a complete plan.

Violations & Fines

Violating Chapter 32, including the stormwater outlet protection standard, exposes a landowner or developer to a civil penalty of up to $5,000 per violation under section 32-19, with each day of continued violation counted separately, plus criminal exposure: a knowing or willful violation is a Class 2 misdemeanor carrying a fine of up to $5,000 under G.S. 113A-64. The city can also seek injunctive relief in superior court under section 32-20.

Frequently Asked Questions

What triggers Burlington's stormwater outlet protection standard?
Any land-disturbing activity that increases the velocity of stormwater runoff enough to accelerate erosion of the receiving stream or channel triggers section 32-9. The rule applies once a site requires an erosion and sedimentation control plan, generally any disturbance exceeding one acre, or 43,560 square feet, under section 32-4.
How is the runoff velocity limit measured?
The city compares the post-construction ten-year storm runoff velocity at the discharge point against two benchmarks and applies whichever is higher: the maximum permissible velocity for the receiving soil or channel material listed in the code's table, or the ten-year storm velocity the site produced before development began.
Can a project skip the velocity standard entirely?
Only with proof. Section 32-9(d) exempts a project if the applicant demonstrates to the city that its stormwater discharge velocities will not create an erosion problem in the receiving watercourse. Absent that showing, the site must either meet the velocity benchmarks or be engineered to withstand the higher expected flow.

Sources & Official References

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