*** NEW SEDIMENT AND EROSION CONTROL LEGISLATION***
On August 30, 2021, Governor Cooper signed S.L. 2021-121 (HB 489) into law. Effective October 1, 2021, North Carolina General Statutes (G.S. 113A-54 and G.S. 113A-60) of the North Carolina Sediment Act were amended with specific provisions pertaining to erosion control fees, permits and plan requirements, financially responsible party documentation, inspections, notifications and civil penalties for land disturbance(s) associated with single-family residential lots that are less than one (1) acre and within an approved common development project (aka subdivision, or master plan).
If you have questions pertaining to how this may apply to your qualified project, please contact the Orange County Erosion Control, Stormwater and Engineering Staff via the below contacts,
Erosion Control and Stormwater Contacts
- Patrick Mallett, Erosion Control & Stormwater and Engineering Supervisor / firstname.lastname@example.org / 919-245-2577
- Christopher Sandt, P.E. Staff Engineer / email@example.com / 919-245-2583
- Steve Kaltenbach Erosion Control Officer II / firstname.lastname@example.org / 919-245-2588
- Kenneth Owens Erosion Control Officer II / email@example.com / 919-245-2584
- Nathan Jacobsen Erosion Control Officer I / firstname.lastname@example.org / 919-245-2580
When a Permit Is Required
(The linked files in the following paragraph are large. Please be patient while the map downloads.)
Erosion Control Plan
In general, whenever clearing and grading will exceed 20,000 square feet (roughly 1/2 acre) an Erosion Control Plan must be submitted for approval; and a land disturbance permit must be obtained before any land disturbing activity begins (including timbering, demolition, clearing, or grading, etc.). However, if the site is within either the University Lake, Cane Creek, or Upper Eno watersheds (Erosion Control and Stormwater Requirements For Land Disturbance Activities FAQs (PDF)), a permit is required for any grading exceeding 10,000 square feet (approximately 1/4 acre) and may be required for any disturbance depending on site specific factors. A waiver may be issued by the Erosion Control Division for land disturbances of less than 10,000 square feet.
Erosion Control Permit Application Form
The Erosion Control Permit application form (PDF) must be included with the plan submittal. The application form consists of two parts:
- Applications for Erosion Control Plan Approval and Land Disturbance Permit
- Statement of Ownership and Financial Responsibility
Bona fide agricultural, forestry, and mining are exempt activities (see Section 6.15 of the Orange County Unified Development Ordinance). These activities are regulated under state and federal authority. View Forestry, Bona Fide Farm, and Development Clearing Information (PDF).