Durham County, NC Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing section
- Durham County Code § 14-152 et seq.
- Small-project exemption
- <12,000 sq ft disturbed, <500 sq ft impervious
- Max civil penalty
- $5,000 per day, per violation
- Permitting body
- County Engineer / Stormwater Administrator
- Riparian buffer
- 50-ft minimum near mapped waterbodies
- Appeal window
- 15 days to request BOCC hearing
Summary
Unincorporated Durham County requires a stormwater control permit before any qualifying land-disturbing development, per Sec. 14-152. Small residential projects under 12,000 sq ft of disturbance and under 500 sq ft of new impervious area are exempt, along with farming, mining, and forestry. Violators face civil penalties up to $5,000 per day plus misdemeanor prosecution.
(a)All developments and redevelopment to which this article applies shall comply with the standards of this section and of the current official North Carolina Division of Environmental Quality New Stormwater Design Manual.(b)No development or redevelopment shall occur except in compliance with the provisions of this article or unless exempted. No development or redevelopment for which a permit is required pursuant to this article shall occur except in compliance with the provisions, conditions, and limitations of the permit.
Full Breakdown
Chapter 14, Article V, Division 1 of the Durham County Code governs stormwater for the unincorporated county, rewritten in full by the November 23, 2020 ordinance. Section 14-152 sets the core rule: no development or redevelopment may occur except in compliance with the article or unless exempted, and any project needing a permit must also follow every condition of that permit. The county engineer administers the program (Sec. 14-153), applying whichever of federal, state, or local rules is most restrictive when they conflict. Section 14-154 exempts small projects, those disturbing less than 12,000 square feet of land and adding less than 500 square feet of new impervious surface with no new structural conveyance, and exempts agriculture, mining, and forestry activities outright.
Everything else must meet the design standards of Sec. 33 lb/acre/year phosphorous in the Falls Lake watershed, 85 percent average annual removal of total suspended solids in the Cape Fear basin, and protected riparian buffers extending at least 50 feet from mapped waterbodies. Developers submit construction plans through the county's electronic portal (Sec. 14-156), obtain a construction stormwater permit backed by security equal to 125 percent of the SCM's construction cost (Sec. 14-157), and file an operational permit with as-built plans once work is complete (Sec. 14-158); no certificate of occupancy issues without it.
Violations & Fines
Violating any provision of the stormwater article carries a civil penalty of up to $5,000.00 per day (Sec. 14-163(a)(1)), assessed by the county engineer after written notice and an uncured compliance deadline, with each day of continuing violation a separate offense. Unpaid penalties go to the county attorney for civil collection after 30 days. The same conduct is also a misdemeanor under Sec. 1-6 (Sec. 14-163(b)), and the county attorney can seek an injunction in superior court under Sec. 14-164 regardless of any penalty already paid.
Frequently Asked Questions
Do I need a permit to build in unincorporated Durham County?
What happens if I build without a required stormwater permit?
Can I appeal a stormwater penalty or permit denial?
Sources & Official References
Other rules in Durham County
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