Wilmington, NC Environmental Rules: Stormwater Management (2026)
Key Facts
- Core ban
- No discharge but stormwater into drainage system, § 12-22(a)
- Penalty
- Misdemeanor for illicit discharge or connection
- Exempt discharges
- 22 listed uses, e.g. irrigation, dechlorinated pool water
- Spill reporting
- NPDES permittees report releases within 48 hours
- Fee basis
- 1 ERU = 2,500 sq ft impervious surface
- Drainage duty
- Owners must keep ditches/drains clear, § 12-29(b)
Summary
Wilmington bans dumping anything but stormwater into its drainage system. City Code § 12-22 makes it unlawful to discharge liquids, solids or gas into a stormwater conveyance or the waters of the state in a way likely to reach them, carves out a short list of everyday exceptions, and makes any violation a misdemeanor.
(a)No person shall cause or allow the discharge, emission, disposal, pouring, or pumping of any liquid, solid, gas, or other substance, other than stormwater directly or indirectly to any stormwater conveyance, the waters of the state, or upon the land or exposed to wind and rain, in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the state...(b)Prohibited substances include, but are not limited to, oil, wastewater, automotive fluids, household or industrial chemicals, animal waste, paint, garbage, yard debris, animal waste or carcasses, and litter. A violation of section 12-22 shall constitute a misdemeanor.
Full Breakdown
Section 12-22(a) prohibits any person from causing or allowing "the discharge, emission, disposal, pouring, or pumping of any liquid, solid, gas, or other substance, other than stormwater" into a stormwater conveyance, the waters of the state, or onto land exposed to wind and rain, where the substance is likely to reach the drainage system. The section carves out twenty-two specific nonstormwater discharges as allowed so long as they are not a significant pollutant source, including water line flushing, landscape irrigation, individual residential car washing, dechlorinated swimming pool water, footing and foundation drains, and discharges under a valid NPDES permit. Subsection (b) lists prohibited substances "including, but not limited to, oil, wastewater, automotive fluids, household or industrial chemicals, animal waste, paint, garbage, yard debris... and litter," and states plainly that "a violation of section 12-22 shall constitute a misdemeanor."
The stormwater utility itself is established under § 12-11 through Chapter 160A, Article 16 of the General Statutes, funded by service charges billed on the equivalent residential unit standard, where one ERU equals 2,500 square feet of impervious surface under § 12-13. Illicit physical connections into the stormwater system are separately banned under § 12-23, including connections made before the rule existed, with disconnection required. Property owners also carry an independent drainage duty under § 12-29(b): they must take "adequate precautions on their property to ensure positive drainage," keeping ditches, drains and swales clear of obstructions, or face city corrective work billed back to them as a property lien.
Violations & Fines
A violation of § 12-22 is a misdemeanor, as is an illicit connection to the stormwater system under § 12-23. Spills with the potential to reach the stormwater system must be contained and reported immediately, and any NPDES-permitted entity with an unauthorized release must report it to the city within forty-eight hours. Separately, uncorrected private drainage obstructions under § 12-29 let the city manager, with council approval, enter the property, perform corrective work, and assess the cost as a lien collected like unpaid ad valorem taxes.
Frequently Asked Questions
What can't I dump into a Wilmington storm drain?
Is dumping into a Wilmington storm drain a criminal offense?
What if my ditch or drain is clogged and causing flooding?
How is my Wilmington stormwater fee calculated?
Sources & Official References
Other rules in Wilmington
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