North Carolina Statewide Rule
Sedimentation Pollution Control Act of North Carolina
Key Facts
- Statute
- N.C.G.S. 113A-50 et seq.
- Plan threshold
- 1 acre
- Trout buffer
- 25 feet
- Daily penalty cap
- $5,000
Summary
The North Carolina Sedimentation Pollution Control Act, codified at N.C.G.S. 113A-50 through 113A-66, requires erosion and sediment control plans for land-disturbing activities exceeding one acre and applies statewide to public and private projects.
(3) Whenever land-disturbing activity that will disturb more than one acre is undertaken on a tract, the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development within a time period to be specified by rule of the Commission. (4) No person shall initiate any land-disturbing activity that will disturb more than one acre on a tract unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control plan for the activity is filed with the agency having jurisdiction and approved by the agency. An erosion and sedimentation control plan may be filed less than 30 days prior to initiation of a land-disturbing activity if the plan is submitted under an approved express permit program, and the land-disturbing activity may be initiated and conducted in accordance with the plan once the plan has been approved.
Full Breakdown
Any person conducting a land-disturbing activity uncovering more than one acre must file an erosion control plan with the NC Division of Energy, Mineral, and Land Resources or an approved local program. Plans must address buffer zones, ground cover establishment within timelines, and design storms. Operators must maintain a 25-foot undisturbed buffer along trout waters. The Act applies uniformly statewide, though delegated cities and counties may run their own programs with at least equivalent rigor.
Violations & Penalties
Beginning land-disturbing activity without an approved plan, exceeding disturbed area limits, or failing to install required ground cover can result in civil penalties up to $5,000 per day per violation.
Frequently Asked Questions
Does grading my backyard in NC require an erosion control plan?
Who enforces erosion control in North Carolina?
Sources
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