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Buncombe 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
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.

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

(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.

View official code

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?
Yes. Sec. 26-322(a) requires a stormwater permit for residential development that equals or exceeds one acre, unless an exemption under Sec. 26-303 applies, such as a vested right established before the ordinance's 2008 effective date.
What's the difference between low-density and high-density stormwater standards?
Low-density projects, generally two units per acre or less, just have to keep post-development peak runoff at or below the pre-development rate. High-density projects above that threshold must actively treat runoff volume, draw it down over 48 to 120 hours, and remove at least 85 percent of suspended solids on average, under Sec. 26-362(b).
How close to a stream can I build in unincorporated Buncombe County?
Built-upon area must stay at least 30 feet landward of any perennial or intermittent stream shown on USGS topographic maps or the USDA soil survey, under Sec. 26-362(b)(1)c and (b)(2)c, and stormwater controls cannot be placed inside a mapped floodway at all.
Who maintains stormwater devices after a subdivision is built?
The developer maintains stormwater improvements until a property owners association or lot owner formally accepts them, and once an association is responsible, membership is mandatory for every parcel the device serves, with an inspection report due to the county at least every three years, under Sec. 26-385.

Sources & Official References

Other rules in Buncombe County

All Buncombe County rules

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