Where does Watershed Management have authority?

Wake County Watershed Management is primarily a regulatory division. We issue permits for new development in Wake County and selected municipal areas. We inspect construction projects in those areas, as well. Once a project is complete, maintenance becomes the responsibility of the property owner.

What is the impervious limit for my lot?

Wake County regulates impervious area for each lot. In Swift Creek, you are limited to 6% or 12% built upon area. In other areas, you are limited by zoning. The maximum for any lot in the unincorporated area of Wake County is 30%; however, your limit may be 15% or a specific square footage depending on the stormwater permit requirements for your subdivision.

To determine the impervious area for your lot, the first step is to locate your lot on iMaps. Then, open the recorded plat for your subdivision by clicking on Deed – looks like a sheet of paper (above the layers option). Locate your lot and find the impervious limit (shown in square feet). Additional information regarding impervious area can be reviewed in Wake County's presentation on Residential Lot Impervious Surface Area.

If there is no limit shown, contact Wake County Planning at 919-856-6335. If you reside in Raleigh, Cary, Morrisville or another municipal area, contact that local government's Planning Office.

Definition per N.C. Session Law 2024 (Senate Bill 166)

For the purposes of implementing State or local government stormwater programs, none of the following surfaces shall be considered "built-upon area" or an impervious or partially impervious surface:

1. A slatted deck.
2. The water area of a swimming pool.
3. A surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric.
4. A trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour).
5. Landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.
6. Artificial turf, manufactured to allow water to drain through the backing of the turf, and installed according to the manufacturer's specifications over a pervious surface.”

Yes, permeable pavement is allowed with a stormwater permit

Use of permeable pavement to offset impervious requires a stormwater permit and design and installation consistent with the NC BMP Manual. 

For individual lot stormwater deviations (to mitigate for impervious exceedance), we recommend discussing options with County staff as permeable pavement may not be the cheapest or quickest option.

1) an owner may be able to obtain additional impervious area from another owner within the same subdivision; both lots would need to be re-recorded; please contact the Planning Department for information

2) an owner may be able to remove impervious or replace certain impervious with gravel or artificial turf; an as built survey may be required

3) permit and install stormwater measures to treat runoff (measures include rain barrels, cisterns, underground tanks, rain gardens...); permit application, fees, design details and calculations, surveys, and maintenance agreements required.

Does Wake County maintain drainage or buffers?

Wake County Environmental Services does NOT regulate drainageway or watershed buffers. They are regulated by Wake County Planning's Zoning section. Please contact them with any questions regarding these types of buffers.

Wake County does not maintain roads or drainage easements. Public roads are maintained by NCDOT; private roads are the responsibility of the property owner.

Wake County has no authority to enforce the drainage easements of individual property owners.

Why is stormwater runoff a problem?

Stormwater runoff is the leading source of water pollution in our country. It can increase erosion and formation of gullies in upland areas, increase in-stream scour and erosion, increase sediment deposits in lower areas, degrade water quality, create peak storm flows that are higher and faster, and cause more frequent flooding. In urban areas that have significant amounts of impervious surfaces, and in areas that are cleared of vegetation, the effects of stormwater runoff are much greater than in areas where soil and vegetation can absorb excess water.

Do builders have to control erosion and sediment on their construction sites?

All new home construction must install erosion control measures. Disturbances of less than one acre are required to have a driveway with a minimum 10-foot-wide-by-30-foot-long stone construction pad and silt fence consistent with Wake County Sedimentation and Erosion Control Section details installed. Seeding and mulching of disturbed area is required. Areas within 25 feet of the edge of pavement or gravel of the road must be stabilized before the issuance of a certificate of occupancy. IF A BUILDER HAS MULTIPLE LOTS THAT TOTAL TO MORE THAN 1 ACRE OF DISTURBANCE, A LAND DISTURBANCE PERMIT IS REQUIRED.

If I am building a house outside of a subdivision, do I need a land disturbance permit?

If the disturbance (including tree removal) is less than one acre, no permit is required. Silt fence and construction entrance are still required. If the disturbance exceeds one acre, a permit is required.

Please contact Wake County Watershed Management to be exempted from the permit requirement.

My pond water looks cloudy. What is causing this?

You may be observing turbidity, which are suspended solids in the water. If your pond water is not clear or looks like chocolate milk after a heavy rain, the water is "turbid." Turbidity occurs when fine suspended particles of clay, silt, organic and inorganic matter, plankton and other microscopic organisms are picked up by water as it passes through a watershed. Turbidity levels are typically much higher in water from surface water sources such as streams, rivers and lakes, than from groundwater sources. Some surface water sources exhibit high turbidity levels during periods of high rainfall.

Construction sites can affect the turbidity of surface waters. Wake County regulates and inspects construction sites and requires that all disturbed soil be controlled through approved Best Management Practices (BMPs) to prevent sediment from directly entering local water systems. If maintained properly, these BMPs can also help to control turbidity.

Cloudy runoff should stop when the construction site is fully stabilized with vegetation. If there is active construction impacting your pond, please contact Wake County at 919-856-7436 or watershedmanagement@wake.gov.

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How do I report erosion problems?

If you have observed sediment leaving an active construction site, please contact Wake County at at 919-856-7436 or watershedmanagement@wake.gov, and we will investigate the problem.

Are there laws about drainage?

Drainage Law in North Carolina is based on Common Law and court precedent. The law states that the person on the lower estate must receive and pass the water from the higher estate(s). Also, specific statutes prohibit the blockage of streams, drainageways and easements that remove water from higher elevations. For more specific information on the statutes go to www.ncga.state.nc.us.

Most drainage issues on private properties are civil matters.

Who is responsible for maintaining drainage easements?

Drainage easements are created to designate areas for the passage of surface water runoff. Individual property owners are responsible for the maintenance of any portion of a recorded drainage easement that is located on their property. For example, if a 20' drainage easement is located straight down a property line, each property owner is responsible for the 10' of the easement that is on his or her property. Easement issues are a private civil matter.

Can my neighbor direct his water onto my land?

Water flows downhill. A landowner may direct runoff down slope. If the higher landowner unreasonably diverts the flow of runoff, increases the flow, or contaminates the runoff in a way that causes material damage to the lower landowner, then the lower landowner can bring an action for an injunction and damages.

Landowners are considered equal under Common Law, whether they be private citizens, companies, road authorities, federal, state or local governments. So, if you get advice on Common Law drainage problems from a drainage contractor, a drainage engineer, a lawyer, a conservation authority or a government agency, remember that it's not their responsibility to solve the problem. Only the courts can make a final decision in a dispute. To obtain a ruling by a court, a civil action must be initiated by the damaged party.

Can I redirect water coming onto my property?

The water can be redirected. You may not block the flow. You may reroute the runoff to or near the predominant low point of your property; however, other state and federal rules may apply, such as riparian buffer rules or wetland rules. Runoff may be contained within an existing easement or buffer.

Drainage problems are private property issues. You may require a qualified private consultant. If the drainage problem involves a shared easement, be sure both owners are involved in a solution.

To move an easement, you will need to re-record your plat. Please contact Wake County Planning.

Whom do I contact for specific questions regarding stormwater and/or erosion control permitting and inspections?

Wake County staff is divided by job duties. There is a Plan Review group, Construction Field Inspectors (erosion control) and a Post Construction Stormwater Team. Wake County iMaps includes an interactive map showing watershed areas with contacts for Wake and the municipal areas. Locate the property in question, select "Layers" and turn on the Watershed sublayer for watershed work areas. If you live in a municipality such as Raleigh, Cary, Apex or Morrisville, please contact the appropriate city or town staff.

Wake County does NOT maintain roads or drainage features features. Please contact Wake Soil and Water for Technical Assistance and potential cost share programs. Contact NCDOT or your municipality for drainage in the road right of way (curb and gutter, swales, culvert maintenance). You may need an engineer or landscaper to solve drainage issues on your land. If there problems associated with active construction, contact your local erosion control staff.