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Kill Devil Hills, NC Environmental Rules: Stormwater Management (2026)

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

Key Facts

Plan trigger
Commercial or homes over 6,000 sq ft lot coverage
Design standard
10-year, 2-hour storm (4.3 in. rainfall)
Plan certifier
NC registered design professional
Enforcing dept
Public Services Department
Governing section
Town Code § 153.070

Summary

In the Town of Kill Devil Hills, North Carolina, commercial development and homes with more than 6,000 square feet of lot coverage must submit an engineer-certified stormwater management plan sized to hold a ten-year, two-hour storm before the town will issue a Certificate of Occupancy.

(B) All commercial development (new or substantial improvements) and one or two-family dwellings greater than 6,000 square feet lot coverage (new or substantial improvements) shall provide a comprehensive plan for the proper drainage of all surface water to systems on and off the property in question. ... The Stormwater Management Plan shall be certified by a North Carolina registered design professional for compliance to requirements of this section. ... (J) Systems shall be designed to retain, as a minimum, runoff expected from a ten-year, two-hour storm (4.3 inches of rainfall).

Full Breakdown

" Surface water leaving a site must be channeled to an approved discharge point such as a natural or man-made watercourse, lake, pond, ditch or stormwater system, and filling any such watercourse requires a sealed engineering plan showing the town's stormwater capacity will not be diminished. No surface water may be channeled into a sanitary sewer or septic system, and distances between open ditches and septic systems must be approved by the Dare County Sanitarian before the town approves the drainage design. 3 inches of rainfall)," calculated by the Rational Method or an equivalent approved methodology, with the Manning Equation used to size structures; sites over one acre must use the tabular hydrograph method from SCS TR-55 or equivalent.

During construction, the developer must keep every stream, creek, ditch or channel on or adjoining the site clear of debris that could clog drainage in a flood, and the Public Services Department requires culvert pipes, swales and right-of-way drainage improvements to be installed and inspected before it will sign off on a Certificate of Occupancy, a requirement that applies even to one- and two-family homes. Once built, the property owner is permanently responsible for maintaining the approved stormwater system to the standards of the North Carolina Division of Water Quality Stormwater Design Manual.

Violations & Fines

Failing to obtain Public Services Department approval of required drainage improvements before occupancy will hold up the Certificate of Occupancy under § 153.070(P), and land-disturbing activity performed without installing the required erosion and sedimentation control measures during construction violates § 153.070(N), which cross-references the town's separate soil erosion and sedimentation control enforcement provisions.

Frequently Asked Questions

Which properties in Kill Devil Hills need a stormwater management plan?
Section 153.070(B) requires a comprehensive stormwater drainage plan for all new or substantially improved commercial development and for one- or two-family dwellings with more than 6,000 square feet of lot coverage. The plan must be certified by a North Carolina registered design professional before the town will approve it.
What storm event must a Kill Devil Hills stormwater system handle?
Section 153.070(J) requires systems to retain, at minimum, the runoff expected from "a ten-year, two-hour storm (4.3 inches of rainfall)," though the town's design engineer can require a different standard depending on the size of the system.
Can I connect stormwater drainage into my septic system in Kill Devil Hills?
No. Section 153.070(D) prohibits channeling surface water into a sanitary sewer or septic tank system, and any open ditch near a septic system must have its distance approved by the Dare County Sanitarian before the town will approve the drainage design.

Sources & Official References

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