Durham, NC Environmental Rules: Stormwater Management (2026)

Chapter 70, Article V of the Durham City Code governs the municipal separate storm sewer system (MS4) and the drainage network carrying runoff through city streets, gutters, catch basins, ditches, pipes and streams. Section 70-531(a) makes every property owner responsible for keeping the surface and underground drainage system on their land free from obstructions, trash and debris. Section 70-531(b) separately bars depositing refuse, rubbish, construction waste, leaves, landscaping debris, garbage or sediment into any part of the system in a way that blocks or damages it; the only carve-out is NPDES-authorized sediment discharge from a permitted upset.

Section 70-532 adds a parallel ban on constructing, installing or maintaining any stormwater or drainage system so it obstructs the free flow of water. Anyone building, reconstructing or altering a BMP, or connecting a drainage feature directly to the MS4 or state waters, must first get a permit under Section 70-533; the city sets fees to recover review and monitoring costs and can require a bond or other financial guarantee to secure ongoing BMP upkeep. The stormwater director (Section 70-538) administers the program and issues implementing guidelines.

Under Section 70-539, each day a violation continues is a separate offense, and a violation causing observable harm to the drainage system or public health is a public nuisance. Section 70-540 lays out a tiered response: a show-cause meeting, consent orders or administrative orders first, then civil penalties up to $10,000 per violation on nonresidential property (plus $10 per gallon over 1,000 gallons discharged, and a 25 percent add-on for repeat violations) or up to $500 on residential property ($100 for a drainage blockage), and, if unpaid within 30 days, collection through a civil debt action. The director can also terminate water or sewer service where continued service would contribute to a violation such as an illicit connection.