Erosion and Sediment Control Laws and Rules

NOTICE: Sedimentation Control Rules Review and Re-adoption

NOTICE: Sedimentation Control Rules Review and Re-adoption

Legislation adopted in the 2013 session of the NC General Assembly (S.L. 2013-413, HB 74) required state agencies to review their rules according to specific procedures. The law specifies that the agencies, in this case, the Sedimentation Control Commission (The Commission), go through its rules and present the revised rules for public review. The DEMLR staff established a 19-member “Rules Re-adoption Workgroup” to help the Commission in reviewing the Chapter 04 rules. The Workgroup had a broad range of participants that included sediment and erosion control consultants, engineering consultants, home builders, general contractors, research and academic professionals, environmental group leaders, DOT staff, local government representatives, soil scientists, USDA staff and DEMLR staff. The Workgroup held their first of 10 monthly meetings in October of 2016 and prepared a draft for consideration in August of 2017. After review by the Office of Administrative Hearings staff and subsequent changes, an updated version was presented to the Commission at their May 29, 2019 meeting. The Commission voted to send the proposed rules, and the supporting Regulatory Impact Analysis, out to public notice and hearing.  The information on the proposed rules and the hearing can be found on the Department of Environmental Quality’s Proposed Rules web page

If you have any comments or suggestions about the rules or the process, contact Boyd DeVane at boyd.devane@ncdenr.gov  or the State Sediment Program Engineer, Ms. Julie Coco, at julie.coco@ncdenr.gov.

The Act and the Code

Sedimentation Pollution Control Act of 1973

The Sediment Pollution Control Act (SPCA) of 1973 is a performance-oriented law. It was created to prevent pollution by sedimentation while still allowing development within our state. The SPCA is the enabling legislation that gives authority to the Sedimentation Control Commission (SCC) and the Land Quality Section (LQS) - Erosion and Sediment Control (E&SC) Program.

For an overview of the SPCA, review the following document: Simplified Overview of the SPCA

For the full SPCA: Sedimentation Pollution Control Act of 1973

Title 15A Chapter 4: Sedimentation Control

The NC Administrative Code (Code) Title 15A Chapter 4: Sedimentation Control, provides the administrative overview of how the SCC and the LQS-E&SC Program enforces the SPCA.

For the full Code: Title 15A Chapter 4: Sedimentation Control