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Durham County Engineering and Environmental

Single Family Residential Development Guidance

Row of single family homes next to each other.

Erosion Control Single-Family Development Requirements

Area of Disturbance (square feet) Permit Required? Erosion Control Plan Required? Fee
< 12,000 No No N/A
12,000 – 20,000 Yes No Permit Fee = $275
> 20,000 Yes Yes Plan Review Fee = $100/acre if < one acre, $125/acre if > one acre
Permit Fee = $275 if < one acre, $525/acre if > than one acre

 

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When is a Land Disturbance Permit Required?

Any land disturbing activity within Durham County, including within City limits, greater than 12,000 square feet requires a permit per UDO Section 12.10.2 prior to any work beginning on site.

What is considered to be a Land Disturbing Activity?

Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition.

Does a septic field need to be included in the limits of disturbance?

Yes. Installation of septic fields requires disturbance of the natural ground, and therefore is required to be considered in the area of land disturbance.

How do I apply for a land disturbance permit?

Submit documents electronically to our plan submittal portal, or mail original documents to our office. A complete application includes a Financial Responsibility Ownership Form and permit fee. The permit fee can be paid on our website or check made payable to “Durham County” sent to 201 E. Main St, 5th Fl, Durham, NC 27701. If land disturbance is proposed to be greater than 20,000 square feet, signed and sealed erosion control plans and calculations are also required. A site plan or building permit application must be approved prior to issuance.

Stormwater Single-Family Development Requirements

Watershed Peak Flow Requirements Nitrogen Target Phosphorous Target
Falls Lake > ½ acre land disturbance 1 year, 24-hour 2.2 lb/ac/yr 0.33 lb/ac/yr
Neuse River Basin > 1 acre land disturbance 1 year, 24-hour 3.6 lb/ac/yr N/A
Jordan Lake Watershed 1 year, 24-hour N/A N/A

Falls Lake Watershed

New single-family development with over ½ acre of land disturbing activity must meet the Falls Reservior Water Supply Nutrient Strategy.

Reference the Durham County Stormwater Ordinance for more information about the requirements summarized below:

  1. Nutrient Requirements - New single-family development shall meet loading requirements of equal to or less than 2.2 lb/ac/yr for Nitrogen and 0.33 lb/ac/yr for Phosphorus per 15A NCAC 02B .0277(4)(a) and Durham County Stormwater Ordinance Section 14-155(c)(1)(a). Nutrient calculations must be provided in the SNAP Tool, with the original Excel file provided. ( https://files.nc.gov/ncdeq/Water%20Quality/Planning/NPU/SNAP-Version-4.1.zip)
  2. Peak Flow Requirements - New single-family development shall have no net increase in peak flow for the one-year, 24-hour storm event leaving the site, per 15A NCAC 02B .0277(4)(f).
  3. Low Impact Development – New single-family development has the option to meet low impact development requirements as outlined in the NC LID Guidebook Chapter 2. Soil infiltration tests are required prior to approval of LID calculations. If site demonstrates LID compliance, Nutrient and Peak Flow will not be required.

Jordan Lake Watershed

New single-family development with over 1 acre of land disturbing activity must meet the Jordan Lake Water Supply Nutrient Strategy. Reference the Durham County Stormwater Ordinance for more information about the requirements summarized below:

  1. Nutrient Requirements – Nutrient loading requirements are currently on hold by the State Legislature and under review by NCDEQ.
  2. Peak Flow Requirements - New single-family development shall have no net increase in peak flow for the one-year, 24-hour storm event leaving the site, per 15A NCAC 02B .0265(3)(a)(v).

Lower Neuse Watershed

New single-family development with over 1 acre of land disturbing activity must meet the Neuse River Basin Nutrient Management Strategy. Reference the Durham County Stormwater Ordinance for more information about the requirements summarized below:

  1. Nutrient Requirements - New single-family development shall meet loading requirements of equal to or less than 3.6 lb/ac/yr for Nitrogen per .0235(4)(a) per Durham County Stormwater Ordinance Section 14-155(c)(1)(b).
  2. Peak Flow Requirements - New single-family development shall have no net increase in peak flow for the one-year, 24-hour storm event leaving the site, per 15A NCAC 02B .0235(4)(a)(iii).

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