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Durham County, NC Environmental Rules: Stormwater Management (2026)

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

City-specific rules exist: Durham has its own stormwater management rules that differ from Durham County's county-level regulations. If you live in Durham, check the city-specific page instead.

(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?
If your project disturbs 12,000 square feet or more of land, or adds 500 square feet or more of new impervious surface, yes: Sec. 14-152 requires a stormwater control permit from the county engineer before work starts. Smaller residential projects, and pure agriculture, mining, or forestry activity, are exempt under Sec. 14-154.
What happens if I build without a required stormwater permit?
The county engineer can assess a civil penalty of up to $5,000.00 per day under Sec. 14-163, with no advance-notice period required for permit-less construction. The violation is also a misdemeanor under Sec. 1-6, and the county attorney may separately sue for an injunction ordering the work to stop.
Can I appeal a stormwater penalty or permit denial?
Yes. Sec. 14-159 gives 15 days to demand a hearing before the county engineer over a plan or permit denial, and 15 days to appeal an assessed civil penalty to the Board of County Commissioners, which can affirm, increase, reduce, or remit it before further appeal to Superior Court.

Sources & Official References

Other rules in Durham County

All Durham County rules

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