Donate to Hurricane Recovery

Post-Construction Stormwater

The Post-construction Stormwater Permitting Program regulates site development and post-construction stormwater runoff control.

 

Do I need a post-construction stormwater permit?

There are various post-construction programs throughout the state, including:

See the Stormwater Permitting Interactive Map for the program that applies and the agency that has jurisdiction.

 

What’s required for a state stormwater permit?

The requirements for a state stormwater permit vary based on the post-construction program and the application process chosen by the applicant (see below). Please click here to see rules and regulations related to post-construction stormwater. The Division reviews and approves projects based on their compliance with the Minimum Design Criteria, which can be found in the regulations at 15A NCAC 02H .1050 - .1062, and the guidance in the Stormwater Design Manual. Applicants are strongly encouraged to review the applicable MDCs and chapters of the Stormwater Design Manual to ensure that their application complies with all of the requirements. Applications that are incomplete will either be returned or the Division will request additional information, thus increasing the time it takes to obtain a permit. 

Low Density vs. High Density

Projects can be permitted as either low density or high density. Low density projects are designed to maximize overland flow and vegetated conveyances to promote infiltration. Low density projects are only permitted to use nonvegetated conveyances for erosion control or minimal piping under driveways or roads. Projects that utilize catch basins and significant piping will not be permitted as low density. Low density projects have a maximum built upon area, which varies based on the post-construction program. For more information on low density projects, please see Chapter E-1 of the Stormwater Design Manual.

High density projects use structural stormwater controls to manage stormwater. High density projects can meet the regulations using either runoff treatment, which involves using structural SCMs to treat the runoff from all built upon surfaces, or volume match, which uses SCMs to prevent a significant increase in runoff volume leaving the site after development. All SCMs must be designed to meet both the General MDC and the SCM-specific MDC. For more information on high density projects, please see the Stormwater Design Manual, which has information about Runoff Treatment & Volume Match (Chapter A-1), the MDC (Part C), and various other important topics. 

 

I need a state stormwater permit. How do I apply?

There are three different ways to apply for a state stormwater permit. They are the Standard Permitting Process, the Fast Track Permitting Process, and the Express Permitting Process (20 coastal counties only).To learn more about each option (and to access the forms), scroll to the bottom of the page.

Certain, limited land disturbing activities can be covered by General Permits, which does not require a detailed technical review by the Division. Click here for more information about General State Stormwater Permits. Note that these general permits are not the same as General Industrial Permits, which can be found here.

State Stormwater Applications in the 20 coastal counties should be sent to the appropriate Regional Office. State Stormwater Permit applications outside of the 20 coastal counties should be sent to the DEQ Central Office at:

North Carolina Department of Environmental Quality                                                             Division of Energy, Mineral & Land Resources Stormwater Program                                      1612 Mail Service Center                                                                                               512 North Salisbury Street                                                                                            Raleigh, NC 27699-1612

 

I have a state stormwater permit, but I need a permit modification or renewal

Permit Transfer Application Form – required for permits that are being transferred from one responsible party to another

Permit Information Update Form – for administrative changes to project name, permittee contact info, legal corporation name not due to change of ownership

Minor Modification Form – for changes to a project with no BUA increases or SCM changes

Note: Projects modifications that do not qualify as minor modifications must apply for a major modification using the standard or express permitting process.

State Stormwater Permit Renewal Application Form

 

Miscellaneous Forms and Documents

Off-Site System Supplemental Form

NCDOT Linear Road

Storm-EZ  (volume matching projects)

Stream Buffer Determination Forms

Stream Classification Map

Design Checklists

Infiltration Site Visit Request Form (for Wilmington Regional Office projects only)

Low Impact Development (LID) Guidebook

 

Technical Guidance & Policy Documents

Stormwater Control Measure Credit Document

 
Wetlands Policy & Example Calculations (for use if applying under 1995 Coastal Rules)
 
 
 
 

Permitting Options

Standard Permitting

Standard Permitting

Standard Permitting is available for all projects that require a state stormwater permit. The standard process for permitting requires the applicant to submit an SWU-101 form, along with design plans, calculations, and other supporting documentation. The Division has 90 days from receiving the application to either issue the permit, return it as incomplete, or request additional information. Click below to download the application form and instructions on how to complete the application. A list of the required documentation can be found in Section VI: Submittal Requirements of the application. The fee for Standard Permitting is $505.

SWU-101 Application

SWU-101 Instructions

Supporting documents:

Supplement EZ (for all SCMs)

Low Density Supplemental Form

O&M EZ

Deed Restriction Forms

Required for all projects that have lots and/or outparcels.

Low Density Projects

High Density Projects

Residential Subdivision

Residential Subdivision

Commercial Subdivision

Commercial Subdivision

Project with Curb & Gutter

Project with Outparcels

Fast Track Permitting

Fast Track Permitting

The Fast Track Permitting process is a two phase permit process. The applicant first applies for an Authorization to Construct (ATC) Permit and pays a $505 fee. The Authorization to Construct does not entail a detailed technical review by the Division. Instead, a qualified professional certifies that the project, once completed, will comply with all of the Minimum Design Criteria (MDC). The Division has 30 days from receiving the application to either issue the permit, return it as incomplete, or request additional information.

After the project is constructed, the applicant must apply for the Final Permit, submit as-built plans, and pay an additional $505 fee. If the project does not comply with the MDC, the Division 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.

Fast Track Permitting is only available for eligible projects. Please click the links below for eligibility requirements, instructions, and the required forms.

Fast Track Authorization to Construct (ATC) Application 

Fast Track ATC Application Instructions

SWU-101 Application (for final permit)

SWU-101 Instructions

As-built Certification Forms:

As-Built "Permittee Certification" (always required)

As-Built "General MDC" Certification (always required)

Low Density

Wet Detention Pond

Infiltration System

Permeable Pavement

Stormwater Wetland

Sand Filter

Supporting Documents:

Fast Track Final Permit Submittal Checklist

Supplement EZ (for all SCMs)

Low Density Supplemental Form

O&M EZ

Deed Restriction Forms

Required for all projects that have lots and/or outparcels.

Low Density Projects

High Density Projects

Residential Subdivision

Residential Subdivision

Commercial Subdivision

Commercial Subdivision

Project with Curb & Gutter

Project with Outparcels

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. For more information on Express Permitting, please click the link below.

Express Permitting