The responsibility for administering North Carolina's stormwater regulations is shared by three divisions of the Department of Environment and Natural Resources (DENR). These divisions are the Division of Environmental Management, the Division of Coastal Management, and the Division of Land Quality. These state regulations are supplemented by local requirements outlined in this chapter.
(A) (1) The Division of Environmental Management (DEM) administers the requirements set forth in 15A NCAC 2H .1003. This section of the administrative code regulates the density of developments and mandates standards for engineered stormwater controls. Generally, DEM defines low density as development that has built-upon area of 25% or less.
(2) High density developments must have engineered stormwater controls that are designed, constructed, and maintained according to state standards. These controls capture the stormwater runoff and hold it for a period of time. During the detention process, pollutants are removed by infiltration and/or sedimentation.
(B) The Division of Coastal Management administers the Coastal Area Management Act (CAMA). CAMA's goal is to protect Areas of Environmental Concern (AEC), which are fragile areas where incompatible development may result in irreversible damage. CAMA identifies four broad categories of AECs: Estuarine systems, Ocean Hazard Areas, Public Water Supplies, and Natural and Cultural Resource Areas. Within these broad categories, there are 14 subcategories. The subcategories that are most applicable to the town are: Coastal Wetlands, Estuarine Waters, Estuarine Shorelines, Public Trust Areas, Ocean Erodible Areas, High Hazard Flood Areas, Inlet Hazard Flood Areas, and non-vegetated Beach Area.
Any structure to be built in an AEC must be permitted by the Division of Coastal Management and must meet General Use Standards which are listed in CAMA (15A NCAC 7H.0208). For a development in an AEC to be approved, it must be water-dependent and must minimize impacts to the area's soil and ecology. Some examples of water-dependent uses include bulkheads, piers, and marinas.
(C) The Division of Land Resources administers the Sedimentation Pollution Control Act. This Act requires developers to prepare Erosion and Sedimentation Control Plans for developments that are one acre or larger. The Plan must describe the temporary and permanent control measures the developer will use to prevent accelerated erosion and off-site sedimentation. Sedimentation and erosion control plans must meet certain site performance standards, including re-stabilization of construction sites within a reasonable time period, maintenance of a buffer zone, any natural watercourse or lake, and protection in the 10-year storm. This act gives local agencies the authority to inspect land-disturbing activities and to prosecute violators.
(Ord. 98-09, passed 5-28-98; Am. Ord. 99-18, passed 9-13-99)