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Permitting Options

There are three permitting options for projects that require a post-construction stormwater permit from DEMLR:

  • Standard
  • Fast-Track
  • Express

See below for fees, applicability requirements and application forms. 

Standard Permitting

Standard Permitting

Standard permitting is available for all projects. The fee is $505.

To apply:  Submit an SWU-101 Application (see also SWU-101 Instructions), along with design plans, calculations, and other supporting documentation.  A list of the required documentation can be found in Section VI: Submittal Requirements of the application. Include a completed Supplement EZ and O&M EZ. For projects that have multiple lots or outparcels, please complete the proper deed restriction form (see below).  

Per NC statute, DEMLR has 90 days from receiving the application to either issue the permit, return it as incomplete, or request additional information.  Typically reviews are done in 60 days or less.

Deed Restriction Forms

For low density projects:

For high density projects:

Fast Track Permitting

Fast Track Permitting

Fast track permitting is only available for eligible projects per 15A NCAC 02H .1043.  It is a two-phase permit process, the fee for each phase is $505.

To apply:  Complete a Fast Track Authorization to Construct Application (see also Fast Track ATC Application Instructions). The ATC phase does not entail a detailed technical review by DEMLR. Instead, a qualified professional certifies that the project, once completed, will comply with all of the Minimum Design Criteria (MDC). DEMLR has 30 days from receiving the ATC application to either issue the permit, return it as incomplete, or request additional information.

After the project is constructed, apply for the final permit using the SWU-101 Application (see also SWU-101 Instructions). Include as-built plans, calculations, and other supporting documentation per the Fast Track Final Permit Submittal Checklist.  As-built certification forms for each SCM and deed restriction forms can be found below.

The DEMLR review timeline for the final permit may be found in 15A NCAC 02H .1044.  If the project does not comply with the MDC, DEMLR will either issue a permit with special conditions, initiate compliance and enforcement action, or deny the permit. The applicant will be required to bring the site into compliance with the MDC before the final permit is issued.

As-built Certification Forms

Deed Restriction Forms

For low density projects:

For high density projects:

Express Permitting

Express Permitting

Express Permitting is only available for projects in the 20 coastal counties and express permits are issued only by the Wilmington and Washington Regional DEQ Offices. The Express Permitting program offers a timelier review process for a number of environmental permits required for development. This program offers quicker permit decisions and certifications as well as consultation to identify necessary environmental requirements. Higher fees are charged to support additional staff for the express review. A pre-application meeting is required and a well-documented application with supporting technical information is necessary for a thorough and swift review. Multiple permits that may be required for a project may be reviewed concurrently.

Please click here for Express Permitting forms and other information.

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