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

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

Key Facts

Stream buffer width
30 feet, vegetative
Little River watershed built-upon cap
24% (or 1 unit/20,000 sq ft)
Special Intensity Allocation cap
up to 70% built-upon on limited acreage
Permit required before development
watershed permit from watershed administrator
Permit expiration
1 year if unused
Civil penalty
$100 per violation per day

Summary

Development near Lee County's water supply streams and rivers must keep a 30-foot vegetative buffer, hold built-upon area to district-specific limits like 24 percent in the Little River watershed, and get a watershed permit first, backed by a $100-per-day civil penalty for violations.

These county ordinances apply to unincorporated areas of Lee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The purpose of these overlay districts is to implement the Water Supply Watershed Protection Act (the Act) (G.S. §§ 143-214.5 & 143-214.6). ... A minimum 30-foot vegetative buffer for development activities is required along all perennial waters, including streams, rivers and impoundments, indicated on the most recent versions of United States Geodetic Survey (USGS) 1: 24,000 scale topographic maps; provided, that nothing in this subsection shall prevent artificial stream bank or shoreline stabilization. ... Residential development activities shall not exceed one dwelling unit per 20,000 square feet or, optionally, 24 percent built-upon area, on a project-byproject basis. ... Violations of this ordinance shall constitute either a misdemeanor or, at the election of the county, shall subject the offender to a civil penalty upon the issuance of a citation for said violation as hereinafter provided. ... Said civil penalties shall be in the amount of $100.00 for each violation and each day any single violation continues shall be a separate violation.

Full Breakdown

Section 4.14, the county's Watershed Conservation Overlay Districts, implements the state Water Supply Watershed Protection Act and applies within the Little River, Cape Fear River, and Deep River watershed areas shown on the county's Watershed Protection Map. Section 4.14.2.2(c) requires a minimum 30-foot vegetative buffer along all perennial streams, rivers, and impoundments identified on current USGS topographic maps, though it does not block artificial stream bank or shoreline stabilization. Section 4.14.2.3 sets density and built-upon area limits by watershed: in the Little River (Intake #2) Balance of Watershed, residential development cannot exceed one dwelling unit per 20,000 square feet or, alternatively, 24 percent built-upon area, and non-residential development is capped at the same 24 percent, with similar limits applying in the Cape Fear and Deep River watershed zones.

A limited share of each watershed area, capped by an acreage figure set in the ordinance, can instead be developed up to 70 percent built-upon area as a Special Intensity Allocation, awarded first-come, first-served through the watershed permit process. Section 4.14.3.2 requires a watershed permit, issued by the watershed administrator (the director of community development), before any development begins in these areas; the permit expires after one year if construction has not started. Appeals from the watershed administrator go to the watershed review board, which is the Lee County Board of Adjustment acting in that capacity, within 30 days of the decision.

Violations & Fines

Section 4.14.5.1 makes each violation of the watershed ordinance either a misdemeanor or, at the county's election, subject to a civil penalty issued by citation. The civil penalty is $100 for each violation, and every day a violation continues counts as a separate violation; unpaid penalties can be pursued as a civil debt action, and the county may also seek an injunction or order of abatement.

Frequently Asked Questions

Do I need a permit to build near a stream in unincorporated Lee County?
Yes. Section 4.14.3.2 requires a watershed permit from the watershed administrator before any development in a designated water supply watershed area, in addition to the 30-foot buffer and built-upon area limits.
How wide is the required buffer along streams and rivers in Lee County?
Section 4.14.2.2(c) requires a minimum 30-foot vegetative buffer along all perennial streams, rivers, and impoundments shown on current USGS topographic maps.
What is the penalty for violating the Lee County watershed ordinance?
Section 4.14.5.1 sets a $100 civil penalty for each violation, with every day a violation continues counting as a separate violation, or the county can pursue the violation as a misdemeanor.
Can I get more built-upon area than the base watershed limit allows?
Yes. Section 4.14.2.3 allows a limited percentage of each watershed area to be developed up to 70 percent built-upon area as a Special Intensity Allocation, awarded first-come, first-served through the watershed permit process.

Sources & Official References

Other rules in Lee County

All Lee County rules

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