Erosion and Sediment Control Laws and Rules
NOTICE: Sedimentation Control Rules Review and Re-adoption
Legislation adopted in the 2013 session of the NC General Assembly required state agencies to review their rules according to specific procedures. The law specifies that the agencies, in this case, the Sedimentation Control Commission (The Commission), go through its rules and present the revised rules for public review. With the help of the DEMLR staff and a workgroup of involved parties, the Commission developed proposed rule revisions and took them through the public involvement and hearing process. The rules were modified, based on comments received, and approved by the Commission on November 4, 2019. As specified in the statutes, the proposed rule changes were sent to the NC Rules Review Commission (RRC) for approval. At their March 19, 2020 meeting, the RRC approved all the proposed rule changes except for two rules. The RRC objected to rule 15A NCAC 04C .0103 WHO MAY ASSESS and to rule 15A NCAC 04C .0106 CRITERIA. At their May 12, 2020 meeting the Commission voted in agreement with the RRC's objections and repealed both rules. The sediment control rules as they are now in effect can be found at the link “Title 15A Chapter 4: Sedimentation Control” shown below. For a summary of the changes made to the rules during this review and re-adoption period refer to the cover article of Volume 23 No. 1 of the Sediments Newsletter. More editions of the Sediments Newsletter can be viewed on the Erosion and Sedimentation Newsletter Page.
The Act and the Code
Sedimentation Pollution Control Act of 1973
The Sediment Pollution Control Act (SPCA) of 1973 is a performance-oriented law. It was created to prevent pollution by sedimentation while still allowing development within our state. The SPCA is the enabling legislation that gives authority to the Sedimentation Control Commission (SCC) and the Land Quality Section (LQS) - Erosion and Sediment Control (E&SC) Program.
For the full SPCA: Sedimentation Pollution Control Act of 1973
Simplified Overview of the SPCA
The objective of the Sedimentation Pollution Control Act of 1973 is to protect North Carolina land and natural watercourses from erosion and sedimentation impacts. The primary purposes are to: (1) keep sediment from entering our natural watercourses e.g. streams, rivers, lakes, swamps, and marshes; and (2) keep sediment from washing onto adjacent property.
Buffer Zone Requirements:
If you are conducting a land-disturbing activity, such as construction, near a lake or natural watercourse, visible siltation should be kept in the 25% of the buffer zone nearest the land-disturbing activity. For example, land disturbance taking place 20 feet from a stream would be in compliance if the sediment from the construction site travels less than 5 feet into the buffer. If the stream is classified as a Trout Stream, the same requirement applies, but the undisturbed buffer must be at least 25 feet wide.
Slope Stabilization Requirements:
Any slope generated or disturbed during a land-disturbing activity may not be so steep that it is impossible to prevent erosion from them by providing a natural groundcover (such as grass) or other adequate erosion-control devices. Groundcover or other erosion-control devices on slopes must be in place within 21 calendar days of completion of any phase of grading. Example: A slope generated during highway construction is not in compliance if it has deep, eroded gullies in it.
Groundcover Requirements:
Groundcover may be plants, mulches, rocks, etc. that hold the soil in place. Grass is a common groundcover. Whenever land is disturbed, permanent groundcover must be in place within 15 working days or 90 calendar days, whichever is shorter.
Erosion and Sediment Control Plan Requirements:
If more than one acre of land on a tract is to be disturbed, an erosion and sediment control plan is required. Erosion and sedimentation control plan application approvals are issued by Land Quality Section Regional Offices or local government erosion and sedimentation control programs.
Adherence to Erosion and Sediment Control Plan:
The land disturbing activity must be done in accordance with the approved erosion and sediment control plan.
In general, agricultural lands used for the production of plants and animals useful to man are exempt from the Act. As long as best management practices in the Forest Practice Guidelines Related to Water Quality are followed, activities undertaken on forestland for the production and harvesting of timber are exempt. Lands used for mining are also exempt as they are subject to the Mining Act regulations. In emergency situations that threaten human lives, land may be disturbed without an immediate erosion and sedimentation control plan approval.
Failure to have an approved plan before the land disturbing activity can result in a fine of up to $5000 per day per violation. Failure to comply with the Sedimentation Pollution Control Act can result in fines up to $5000 per day per violation for each day of the violation, the issuance of a stop-work order, injunctive relief, a restoration order, or possible criminal prosecutions.
Title 15A Chapter 4: Sedimentation Control
The NC Administrative Code (Code) Title 15A Chapter 4: Sedimentation Control, provides the administrative overview of how the SCC and the LQS-E&SC Program enforces the SPCA.
For the full Code: Title 15A Chapter 4: Sedimentation Control
Contact Information
If you have any questions about the sediment control rules or program, contact Mr. Graham Parrish, State Sedimentation Program Engineer at the E&SC Central Office.
The DEMLR toll-free hotline, 1-866-STOPMUD
You can also refer to our Erosion and Sediment FAQs page for answers to common questions.