Lincoln County, NC Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing law
- Lincoln County Code § 152.09
- Design storm
- Ten-year-storm runoff velocity
- Velocity range (table)
- 2.5 to 6.0 feet per second
- Tolerance if exceeded
- Must withstand velocity if over 10% of pre-development rate
- Max civil penalty
- $5,000 per violation, $25,000 cap
Summary
Any land-disturbing activity in unincorporated Lincoln County must keep post-construction stormwater runoff velocity from exceeding either a table of maximum permissible velocities by soil or lining type, or the site's pre-development ten-year-storm velocity, whichever is greater, to stop new erosion downstream.
§ 152.09 STORM WATER OUTLET PROTECTION. (A) Intent. Stream banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity. (B) Performance standard. (1) Persons shall conduct land-disturbing activity so that the post-construction velocity of the ten-year-storm runoff in the receiving watercourse to the discharge point does not exceed the greater of: (a) The velocity established by the Maximum Permissible Velocities Table set out within this division; or (b) The velocity of the ten-year-storm runoff in the receiving watercourse prior to development. (2) If the condition of division (B)(1)(a) or (b) of this section cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by 10%.
Full Breakdown
09 requires persons conducting land-disturbing activity to protect stream banks and channels downstream from accelerated erosion caused by increased runoff velocity. 0 feet per second for coarse gravel and shales) or the pre-development ten-year-storm velocity. If neither threshold can be met, the watercourse down to and including the discharge point must be engineered to withstand the expected velocity anywhere it exceeds the pre-development rate by 10%. 09(C) include promoting infiltration to offset new impervious surface, using vegetated or roughened swales instead of high-velocity paved channels, installing energy dissipators at drainage outlets, and improving cross-sections or lining on watercourses already subject to erosion. 09(D).
Violations & Fines
Violating the stormwater outlet protection standard is enforced as part of Chapter 152's civil penalty scheme: the County Natural Resources Division of Development Services can assess a civil penalty of up to $5,000 per violation, capped at $25,000 cumulative if the violator abates the damage within 180 days of notice and has no prior violations, under Lincoln County Code § 152.99(A). Repeat violators can have the penalty doubled for each prior notice of violation within the preceding two years.
Frequently Asked Questions
How fast can stormwater runoff flow off a construction site in Lincoln County?
What if my site can't meet the stormwater velocity limit?
What counts as an acceptable stormwater control measure under county rules?
Sources & Official References
Other rules in Lincoln County
Compare Lincoln County to another location·View the North Carolina environmental rules overview
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