Stormwater Management

The proper management of stormwater runoff is essential to maintaining the integrity of our watersheds and our environment. Wake County's Stormwater program monitors compliance with stormwater regulations for the unincorporated areas in Wake County. One purpose of the Stormwater program is to protect water supplies in Wake County and surrounding municipalities by minimizing the amount of nitrogen and other pollutants that stormwater carries.

Federal Rules

The federal Clean Water Act of 1972 focused initially on discharges from sources such as industrial and municipal wastewater treatment plants. Water quality studies have shown that more diffuse sources of pollution are also a problem. In 1987, Congress added requirements for non-agricultural sources of runoff, beginning with the largest cities and certain industries.

Wake County is covered under the second phase of the program, which is called the National Permit Discharge Elimination System (NPDES) program.

The County's pollution reduction program must address:

• Public education and participation
• Illicit discharge detection
• Construction site runoff during and after work
• Municipal wastewater treatment plant operations

The County has received a draft NPDES Phase II permit. A final permit has not been issued. The County is deemed compliant by virtue of its current stormwater ordinance.

State Rules

Algal blooms and fish kills in the lower Neuse River during 1988 led to state rules for controlling nutrients in the Neuse basin. The rules cover agriculture, urban development and wastewater treatment plants. The stormwater rules require protection of riparian buffers, peak flow control and nitrogen control from new development.

Wake County is one of 15 local governments that enforce the Neuse Stormwater Rules codified in 15A NCAC 2B .0235. Wake County requires compliance with the Neuse Rules throughout the County (including within the Cape Fear Basin).

Local Rules

Wake County's stormwater management regulations may be found in Article 9 of the Unified Development Ordinance. These regultions establish minimum requirements to address adverse effects of stormwater runoff associated with new development. Proper management of stormwater runoff will protect property, control stream channel erosion, reduce flooding, protect floodplains, wetlands, water resources, riparian and aquatic ecosystems, and otherwise provide for environmentally sound use of the county’s natural resources.

New development within unincorporated Wake County outside the extraterritorial jurisdiction and incorporated boundaries of any municipality are subject to County stormwater regulations.

Residential

Stormwater management plans must be submitted and reviewed in conjunction with subdivision plans, or, in the case of single-lot developments requiring stormwater management, in conjunction with site plans. Single family residential lots are reviewed initially through the building permit process.

• Presubmittal Meeting – review of sketch plan and discussion of applicable ordinances; may be attended by planning, stormwater, fire marshall, on-site wastewater, parks & recreation...
• Preliminary Plan – stormwater staff will review the preliminary plan for compliance with stormwater and floodplain ordinances. Staff particiaptes in a monthly Development Review Staff meeting to discuss the submittals. Stormwater comments are provided to the Planning Department for transmittal to the applicant.
• Construction Plan – Once the applicant has received preliminary plan approval, he/she may submit construction plans for stormwater and/or grading plan review and permit approval. The package shall include:
  • 3 copies of construction plans
  • 1 copy of stormwater calculations
  • 1 copy each of any supporting documents
• Final Plat – As Built Package – Once the final plat has been recorded, building permits may be applied for.

Fees

Applicable stormwater fees for the following categories:

• Commercial Property
• Residential Subdivision
• Single-Family Lots

Nonresidential
Stormwater permits are required for nonresidential projects that which cumulatively disturb more than 1/2 acre. Often a special use permit or general permit application from the Planning Department will precede application for Stormwater Permit. See the Planning Department for submittal requirements for special use permits or general use permit applications.

Typically, nonresidential permits are initiated with an application for Commercial Permit. The site plan and application are forwarded to County staff, including Watershed Management, for approval. Watershed Management staff will determine if Floodplain, Stormwater or Erosion Control Permits are needed. WM staff will provide comments to Planning staff indicating the applicable requirements. If Floodplain, Stormwater or Erosion Control Permits are required, the applicant shall complete a combined construction plan application and submit plans and fees to Environmental Services. The application and submittal checklists are available via the website.

Construction Plans shall indicate compliance with the appropriate Wake County ordinances found in the Unified Development Ordinance.

1. Floodplain – Chapter 14
2. Stormwater – Chapter 9
3. Erosion Control – Chapter 10

Upon Construction Plan Approval, WM Staff will sign off on the Construction Permit but may place holds on the building permit until additional requirements are met. For example, building construction may not begin until erosion control measures have been installed and approved. Certificate of ocupancy may not be issued prior to installation and approval of stormwater management devices.

If there are stormwater devices, please provide the as-built package at least 30 days prior to request for CO. The as-built package will include as-built survey and maintenance documents. An as-built checklist is available. Maintenance documents and easements must be recorded with the Wake County Register of Deeds.

Stormwater Retrofit
In some cases, a project is approved for a specific level of impervious area and the builder determines additional impervious will be needed to meet market demands. In this case, there are a couple of options:

1. If the project was approved prior to 2005 without a "perpetuity statement," the individual lot owner may apply for a stormwater deviation and install stormwater devices on the lot. The homeowner will be required to maintain and annually inspect the devices. Please refer to the Single Lot pages for this process.
2. If the project was approved after 2005, there should be a perpetuity statement on the approved plan and recorded deed. In this case the approved individual lot impervious limit is final; however, the subdivision may be retrofit for stormwater management.
   1. If the project is not yet recorded, the applicant shall apply for a new stormwater permit showing compliance with stormwater rules at the new level of impervious.
   2. If the project has been recorded, but lots have not yet been sold
   3. If the project has been recorded and lots have been sold
      1. Transfer of impervious from unsold lots may occur; it is imperative that sufficient impervious remain on the lots which are giving up impervious; the impacted lots must be re-recorded through the Planning Department
      2. The developer/owner may apply for a stormwater permit to retrofit the subdivision to increase impervious on some or all lots. A homeowners association must be established to oversee inspection and maintenance of stormwater devices.

Staff

Melinda Clark, Program Manager	919-856-5531
Betsy Pearce, CFM	919-856-7541
Shawn Springer	919-856-6198