Buncombe County, NC Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing section
- County Code Sec. 26-322(a)
- Permit trigger
- 1 acre or more, residential or commercial
- High-density TSS removal
- 85% average annual removal required
- Stream buffer
- 30 feet from perennial/intermittent waters
- Review timeline
- 30 days for county action
- Administered by
- Buncombe County Planning and Development
- Appeal path
- Plan review committee, then board of adjustment
Summary
New development or redevelopment of one acre or more in unincorporated Buncombe County needs an approved stormwater permit under County Code Sec. 26-322(a), with high-density projects required to remove at least 85 percent of suspended solids and keep built-upon area 30 feet from streams.
(a)A stormwater permit is required for all development and redevelopment which equals or exceeds one acre of residential development, or on commercial lots that are one acre in size or more, unless exempt pursuant to this article...(2)Development standards for high density projects. High-density projects shall comply with each of the following standards.a.The measures for high density projects shall control and treat the difference in stormwater runoff volume leaving the project site between the pre- and post-development conditions for, at a minimum, the one-year, 24-hour storm. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours.b.All structural stormwater treatment systems used to meet the requirements of this subsection (b)(2) shall be designed to have a minimum of 85 percent average annual removal for total suspended solids (TSS).c.All built-upon area shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).
Full Breakdown
A stormwater permit from Buncombe County Planning and Development is required for all development or redevelopment equal to or exceeding one acre of residential development, or on commercial lots of one acre or more, under Sec. 26-322(a). Several activities are exempt regardless of size, including commercial development under one acre with total disturbance under one acre, residential development disturbing less than one acre, and land with a vested right recognized before the stormwater ordinance took effect, all under Sec. 26-303. Once a permit is required, the design standard depends on density: low-density projects, defined as two dwelling units per acre or 24 percent built-upon area or less, must keep the post-development peak runoff rate for a one-year, 24-hour storm at or below the pre-development rate and keep all built-upon area at least 30 feet from perennial and intermittent streams, under Sec.
26-362(b)(1). High-density projects above that threshold must instead capture and treat the difference in runoff volume between pre- and post-development conditions for the same one-year, 24-hour storm, draw that volume down over 48 to 120 hours, and remove at least 85 percent of total suspended solids on average annually, while observing the same 30-foot stream buffer, under Sec. 26-362(b)(2). Planning and Development must act on a complete application within 30 days, and forwards a copy to the county soil and water conservation district for a 20-day review, under Sec.
26-322(h)-(i). A denied or modified plan can be appealed to a local plan review committee, then to the board of adjustment, and finally to superior court, under Sec. 26-322(j)-(n). Long-term maintenance of stormwater devices must be recorded against the property and, where a homeowners association is responsible, membership in that association is mandatory for every served parcel, under Sec. 26-385(6).
Violations & Fines
Violating the stormwater ordinance is a civil matter: penalties can run up to the full amount Buncombe County itself is subject to for violations of its Phase II stormwater permit, and each day of continued violation is a separate offense, under Sec. 26-323(1). Unpaid penalties become a debt collectible in civil court after 30 days, and the county can also refuse a certificate of occupancy until the violation is corrected.
Frequently Asked Questions
Do I need a stormwater permit to build a house on a one-acre lot?
What's the difference between low-density and high-density stormwater standards?
How close to a stream can I build in unincorporated Buncombe County?
Who maintains stormwater devices after a subdivision is built?
Sources & Official References
Other rules in Buncombe County
Compare Buncombe County to another location·View the North Carolina environmental rules overview
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