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Erosion and Sediment Control Laws and Rules

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, 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 will probably meet a couple of additional times before this process concludes.

Based on the Workgroup’s recommendations, a “Suggested Changes to Sedimentation Control Rules” document was prepared and shown to the Sediment Commission at their August 2017 meeting.  We are presently in the process of making changes to that document based on comments from the NC Rules Review Commission.  After those changes are made, the DEMLR staff will take the revised rules proposal to the Sedimentation Control Commission (probably in May of 2019) with a request to send them to public hearing.  After opportunity for public involvement, appropriate changes will be made and the proposed rules will be presented to the Commission in November of 2019 for approval.

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