Article VIII - Natural Resources
Subpart B. Water Quality
§42-238.
General Provisions
§42-238.1
Statutory Authorization
This Subpart B is adopted pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the
Constitution of North Carolina; NCGS 143-214.7 and rules promulgated by the North Carolina Environmental
Management Commission (NCEMC) thereunder; Session Law 2004-163; NCGS 160A, Article 19 Article 19; NCGS
Section 121 and Chapter 143, Article 21 (Watershed and Air Resources).
Further, the Federal Water Pollution Control Act of 1972 (“Clean Water Act”) and federal Water Quality Rules
promulgated under it, as well as rules of the NCEMC promulgated in response to federal Phase II requirements,
compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those
included in this Subpart B.
§42-238.2
Effect on Other Laws and Agreements
This Subpart B shall not be construed to repeal or modify applicable local, state and federal laws, except that to the
extent that the provisions of this Subpart B conflict with any applicable local, state or federal laws, the most
stringent of all applicable laws shall govern. It is not intended that these regulations interfere with any easement,
covenants or other agreements between parties. However, if the provisions of these regulations impose greater
restrictions or higher standards for the use of a structure or land, then the provisions of these regulations shall
control.
§42-238.3
Findings.
A.
Development and redevelopment alter the hydrologic response of local watersheds and as reduce
groundwater recharge increase:
(1)
Stormwater runoff rates and volumes,
(2)
Flooding,
(3)
Soil erosion,
(4)
Stream channel erosion
(5)
Nonpoint and point source pollution, and 
(6)
Sediment transport and deposition.
B.
Changes in stormwater runoff contribute to increased quantities of water-borne pollutants and
alterations in hydrology that are harmful to public health and safety and the natural environment; 
C.
These effects can be managed and minimized by applying proper design and well-planned controls to
manage stormwater runoff from development sites; and
D.
The Federal Water Pollution Control Act of 1972 (“Clean Water Act”) and federal Phase II
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management
Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas,
including this jurisdiction, to adopt minimum stormwater controls such as those included in this Subpart B.
E.
It is the intention of the Board of Commissioners to enact provisions which are identical to those
existing under the laws of the State of North Carolina, and provisions which in no event are more restrictive
of the landowners of Henderson County than those of the State of North Carolina.
§42-238.4
Purpose.
A.
General. The provisions established in this Subpart B are designed to protect, maintain, and enhance
public health, safety, environment and general welfare and protect water and aquatic resources by:
(1)
Managing (by enforcing standards which shall limit the impact from existing or potential sources
of contamination through the regulation of lot sizes and development intensity ) the uses of land
and structures encompassed by watersheds in order to maintain the high quality of surface water
in these watersheds;
  
(2)
Managing (by establishing minimum requirements and procedures to control the adverse effects of
increased post-development stormwater runoff and nonpoint and point source pollution associated
with new development and redevelopment) construction-related and post-development stormwater
runoff to minimize damage to public and private property and infrastructure;
B.
Specific. This Subpart B seeks to meet its general purpose by:
(1)
Establishing decision-making processes for development that protect the integrity of watersheds
and preserve the health of water resources;
(2)
Requiring new development and redevelopment maintain the pre-development hydrologic response
in their post-development state as nearly as practicable for the applicable design storm to reduce
flooding, stream bank erosion, nonpoint and point source pollution and increases in stream
temperature, and to maintain the integrity of stream channels and aquatic habitats; 
(3)
Establishing minimum post-development stormwater management standards and design criteria
for the regulation and control of stormwater runoff quantity and quality;
(4)
Establishing design and review criteria for the construction, function, and use of structural
stormwater BMPs that may be used to meet the minimum post-development stormwater
management standards;
(5)
Encouraging the use of better management and site design practices, such as the use of vegetated
conveyances for stormwater and the preservation of green space, riparian buffers and other
conservation areas to the maximum extent practicable; 
(6)
Establishing provisions for the long-term responsibility for and maintenance of structural
stormwater BMPs and nonstructural stormwater BMPs to ensure that they continue to function as
designed, are maintained appropriately, and pose no threat to public safety; 
(7)
Establishing administrative procedures for the submission, review, approval and disapproval of
stormwater management plans, for the inspection of approved projects, and to assure appropriate
long-term maintenance.
§42-238.5
Lands to Which This Subpart B Applies.
This Subpart B shall apply to all land-disturbing activity, development and redevelopment  including, but not limited
to, site plan applications, subdivision applications, and grading applications) within the unincorporated areas of
Henderson County and its municipalities as allowed by agreement between local governments, other appropriate
legal instrument or law. 
Water supply watershed regulations shall apply within any unincorporated areas and also to incorporated areas
specifically requesting enforcement by Henderson County upon the consent of the Commissioners, and which are
designated as a public water supply watershed by NCEMC and delineated on the map titled "Henderson County
Water Supply Watershed Protection Map," herein referred to as the "Watershed Map," as amended. (In making such
a request, the city or town must comply with the requirements of NCGS §153A-122.) The Watershed Map and all
explanatory matter contained thereon accompany and are hereby made a part of this Chapter. This Chapter shall be
permanently kept, along with subsequent amendments thereto, on file in the office of the Clerk to the Board of
Commissioners.
In cases where a municipality extends its extraterritorial jurisdiction into a watershed herein defined, the restrictions
applicable to development in that watershed shall remain in effect until they are amended or repealed or until the
County and such municipality, by mutual consent, transfer authority to administer and enforce watershed regulations
not inconsistent with state rules.
Stormwater management regulations shall apply within any unincorporated and also to any incorporated areas
specifically requesting enforcement by Henderson County upon the consent of the Commissioners, provided that
areas designated as a public water supply watershed by NCEMC and delineated on the Watershed Map are
specifically excluded. A map shall be maintained by the Stormwater Administrator indicating the geographic
location of all structural best management practices permitted under this Subpart B.
§42-238.6
Designation of Water Quality Administrator
The “Water Quality Administrator” hereby appointed and authorized to administer and enforce the water SUPPLY
WATERSHED and stormwater regulations under the terms and conditions of this Subpart B.
  
§42-239.
Water Supply Watershed Regulations
§42-239.1
Establishment of Watershed Protection Overlay District 
The Watershed Protection Overlay District (and the subdistricts thereof) is/are outlined in Article II of this Chapter.
The Watershed Protection Overlay District, and all regulations outlined therein, is included by reference in this
Subpart B.
§42-239.2
Water Supply Watershed Map
For purposes of this Subpart B, all watershed areas designated by the North Carolina Environmental Management
Commission which are within the County's jurisdiction pursuant to Article II of this Chapter are shown on the
Official Water Supply Watershed Map which is maintained by the Water Quality Administrator.
§42-239.3
Interpretation of Boundaries of the Water Supply Watershed Map
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the following
rules shall apply. Where:
A.
Area boundaries are indicated as approximately following either road, alley, railroad or highway lines or
center lines thereof, such lines shall be construed to be said boundaries;
B.
Area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be
said boundaries. However, a surveyed plat prepared by a professional land surveyor may be submitted to
Henderson County as evidence that one or more properties along these boundaries do not lie within the
watershed area;
C.
Area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of
watershed area boundaries shall be determined by use of the scale appearing on the Watershed Map;
D.
Area boundaries lie at a scaled distance of 25 feet or less from any parallel lot line, the location of
watershed area boundaries shall be construed to be the lot line; and
E.
Other uncertainty exists; the Water Quality Administrator shall interpret the Watershed Map as to the
location of such boundaries. This decision may be appealed to the Water Quality Board.
§42-239.4
Establishment of Water Supply Watershed Permits
A Water Supply Watershed Use Permit, Watershed Protection Compliance Permit and Watershed High-Density
Development Permit (§42-361) shall be required in conformance with the provisions of this Chapter for
development activities within the water supply watershed.
§42-239.5
Application of Regulations
A.
Minimizing Impact on Water Quality. No building or land shall hereafter be used and no development shall
take place except in conformity with the regulations herein specified for the watershed area in which it is
located. All development must minimize built-upon surface area; direct stormwater away from surface
waters; and incorporate best management practices to minimize water quality impacts.
B.
Prevent Impact on Water Quality and Public Health. No activity, situation, structure or land use shall be
allowed within the watershed which poses a threat to water quality and the public health, safety and
welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground
absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of
junk, trash or other refuse within a buffer area; the improper management of stormwater runoff; or any
other situation found to pose a threat to water quality.
C.
Nontransferable Area. No area required for the purpose of complying with the provisions of this Subpart B
shall be included in the area required for another building.
§42-239.6
Subdivisions within the Water Supply Watershed
Subdivisions of land within defined watershed areas shall require a plat to be prepared, approved and recorded
pursuant to this Subpart B. No subdivision plat within a water supply watershed shall be filed or recorded by the
Register of Deeds until it has been approved in accordance with the provisions of this Chapter and certified as being
in compliance with the terms of this Subpart B by the Water Quality Administrator. Likewise, the Clerk of Superior
Court shall not order or direct the recording of a plat if the recording of such plat would be in conflict with this
Subpart B. Subdivisions within a designated watershed area shall adhere to the following additional processes:
  
A.
Upon receipt of an application for the subdivision of property as set forth in Article III, such application
shall be reviewed by the Water Quality Administrator to determine if such property lies wholly or in part
within a water supply watershed area.
B.
If a parcel is determined to be in a watershed, the Water Quality Administrator shall determine if such
application complies with the requirements of this Chapter and shall certify to such on any application
forms, on preliminary development drawings and on any plat proposed for recordation. 
The certification shall state:
I certify that property shown on this plat is located in a watershed area classified
_____________________. The plat shown here on complies with the Henderson County Water
Supply Watershed Protection Requirements and is approved for recordation in the Register of
Deeds office.
___________________________
__________________________
Water Quality Administrator
                        Date
This certification shall constitute water supply watershed development approval and shall not operate so as
to amend, repeal or replace any other approvals or certifications required on such plat by other applicable
local, state or federal laws.
§42-239.7
Exceptions for Existing Development. 
Existing development is not subject to the requirements of this Subpart B. Expansions to structures classified as
existing development must meet the requirements of this Subpart B; however, the built-upon area of the existing
development is not required to be included in the density calculations.
§42-240.
Stormwater Management Regulations
§42-240.1
Stormwater BMP Manual
A.
Stormwater BMP Manual. The Water Quality Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the Stormwater BMP Manual as the basis for decisions
about Stormwater Management Permits and about the design, implementation and performance of
structural stormwater BMPs and non-structural stormwater BMPs. The Stormwater BMP Manual includes
a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater
practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with
these design and sizing criteria will be presumed to meet the minimum water quality performance standards
of the Phase II laws.
B.
Relationship of Stormwater BMP Manual to Other Laws and Regulations. If the specifications or
guidelines of the Stormwater BMP Manual are more restrictive or apply a higher standard than other laws
or regulations, that fact shall not prevent application of the specifications or guidelines in the Stormwater
BMP Manual.
C.
Changes to Standards and Specifications. If the standards, specifications, guidelines, policies, criteria, or
other information in the Stormwater BMP Manual are amended subsequent to the submittal of an
application for approval pursuant to this Subpart B but prior to approval, the new information shall control
and shall be utilized in reviewing the application and in implementing this Subpart B with regard to the
application.
§42-240.2
Establishment of Stormwater Management Permit
A.
A Stormwater Management Permit (see §42-357 (Stormwater Management Permit)) shall not be
required for development and redevelopment that: (1) cumulatively disturbs less than one (1) acre and
is not part of a larger common plan of development or sale is exempt from the provisions of this
Subpart B; (2) occurs within a designated water supply watershed; or (3) occurs within a larger
development for which a stormwater management permit has been issued, provided the property owner
complies with the requirements of the overall project’s stormwater management permit. A Stormwater
Management Permit (see §42-357 (Stormwater Management Permit)) shall be required in conformance
with the provisions of this Chapter for:
  
(1)
Development and redevelopment that cumulatively disturbs more than one (1) acre and is not part
of a larger common plan of development or sale;
(2)
Development and redevelopment that disturb less than one (1) acre where such activities are part
of a larger common plan of development or sale, even though multiple, separate or distinct
activities take place at different times on different schedules; or
(3)
Any activity not exempt from permit requirements of Section 404 of the Federal Clean Water Act
as specified in 40 CFR 232 (primarily, ongoing agriculture and forestry activities).
B.
Where a Stormwater Management Permit is required for a high-density project as noted in §42-240.5
(Standards for High-Density Projects), stormwater control measures shall be implemented that comply
with each of the following standards:
(1)
The measures shall control and treat stormwater runoff from the first inch of rain over a 24-hour
period. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120
hours.
(2)
All structural stormwater treatment systems used to meet these requirements shall be designed to
have a minimum of 85% average annual removal for Total Suspended Solids (TSS).
(3)
General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H
.1008(c), as explained in the Stormwater BMP Manual.
No development or redevelopment shall occur except in compliance with the provisions of this Subpart B or unless
exempted. No development for which a permit is required pursuant to this Subpart B shall occur except in
compliance with the provisions, conditions, and limitations of the permit.
The approval of the Stormwater Management Permit shall require an enforceable restriction on property usage that
runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and
redevelopment maintains the site consistent with the approved project plans.
§42-240.3
Determining Project Density Type
A low-density project:
A.
Has no more than two (2) dwelling units per acre or 24 percent built-upon area for all residential and
non-residential development; and
B.
The overall density of a project is at or below the relevant low-density threshold (and which may
contain areas with a density greater than the overall project density, provided the project meets or
exceeds the post construction model practices for low-density projects and, to the maximum extent
practicable, locates the higher-density portion in upland areas and away from surface waters and
drainage ways). 
A high-density project is anything that exceeds the thresholds outlined herein above.
§42-240.4
Standards for Low-Density Projects
Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the
maximum extent practicable.
§42-240.5
Standards for High-Density Projects
High-density projects shall implement stormwater control measures that comply with each of the standards outlined
in §42-240.2 (Establishment of Stormwater Management Permit) B.
§42-240.6
Standards for Stormwater Control Measures
A.
Evaluation According to Contents of Stormwater BMP Manual. All stormwater control measures and
structural stormwater BMPs required under this Subpart B shall be evaluated by the Water Quality
Administrator according to the policies, criteria, and information, including technical specifications and
standards and the specific design criteria for each stormwater practice, in the Stormwater BMP Manual.
The Water Quality Administrator shall determine whether proposed stormwater BMPs will be adequate to
meet Subpart B requirements.
B.
Determination of Adequacy; Presumptions and Alternatives. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with the criteria and specifications in the Stormwater
BMP Manual will be presumed to meet the minimum water quality and quantity performance standards of
Subpart B. Whenever an applicant proposes to utilize a practice or practices not designed and constructed
in accordance with the criteria and specifications in the Stormwater BMP Manual, the applicant shall have
  
the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity
performance standards of Subpart B. The Water Quality Administrator may require the applicant to provide
the documentation, calculations, and examples necessary so he/she may determine whether such an
affirmative showing is made.
C.
Separation from Seasonal High Water Table. For stormwater BMPs that require a separation from the
seasonal high water table, the separation shall be provided by at least 12 inches of naturally occurring soil
above the seasonal high water table.  
§42-240.7
Standards for Trout Waters
In addition to the standards for handling stormwater set out in the Stormwater BMP Manual, development and
redevelopment that drains in whole or part to class TR waters shall design and implement the best stormwater
practices that do not result in a sustained increase in receiving water temperature, while still meeting the other
requirements of Subpart B.
§42-240.8
Transitional Provisions
A.
Final Approvals, Complete Applications. All development and redevelopment projects for which complete
and full applications were submitted and approved by the County prior to the effective date of Subpart B
and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or
redevelopment shall be exempt from complying with all provisions of this subpart dealing with the control
and/or management of post-construction runoff, but shall be required to comply with all other applicable
provisions.
A phased development plan shall be deemed approved prior to the effective data of Subpart B if it has been
approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise
terminated, and it shows for:
(1)
The initial or first phase of development, the type and intensity of use for a specific parcel or
parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been
approved.
(2)
Any subsequent phase of development, sufficient detail so that implementation of the requirements
of Subpart B to that phase of development would require a material change in that phase of the
plan.
B.
Violations Continue. Any violation of provisions existing on the effective date of Subpart B shall continue
to be a violation under this Subpart B and be subject to penalties and enforcement under this subpart unless
the use, development, construction, or other activity complies with the provisions of this Subpart B.
§42-240.9
Onsite Wastewater
A.
Operation and Maintenance Requirements. New and replaced onsite systems for domestic wastewater
installed after the effective date of Subpart B shall be subject to the same requirements for operation and
maintenance as structural stormwater BMPs for stormwater, including, at a minimum, annual inspection
reports and a recorded operation and maintenance agreement, pursuant to §42-241 (Maintenance). 
B.
Standards for Operation and Maintenance. Onsite systems for domestic wastewater covered by Subpart B
shall be operated and maintained so as to avoid adverse effects on surface water and groundwater,
including eutrophication of surface water and microbial or nitrate contamination of groundwater. Septic
tank residuals shall be pumped whenever necessary to assure the proper operation of the system to meet
these standards, and the septage shall be reused or disposed of in a manner that does not present significant
risks to human health, surface water or groundwater.
§42-240.10
Statutory Exceptions (See §42-366 Variances)
Exceptions shall be granted from the 30 foot landward location of built-upon area requirement and deed
restrictions/protective covenants requirements in any of the following instances:
A.
When there is a lack of practical alternatives for a:
(1)
Road crossing,
(2)
Railroad crossing,
(3)
Bridge, 
(4)
Airport facility,
(5)
Utility crossing 
(6)
Stormwater management facility,
  
(7)
Stormwater management pond, or
(8)
Utility (including, but not limited to, water, sewer, or gas construction and maintenance corridor)
And such are located, designed, constructed, and maintained to:
(1)
Minimize disturbance, 
(2)
Provide maximum nutrient removal, 
(3)
Protect against erosion and sedimentation
(4)
Have the least adverse effects on aquatic life and habitat, 
(5)
Protect water quality to the maximum extent practicable through the use of BMPs, and 
(6)
Remain 15 feet landward of all perennial and intermittent surface waters (this provision applies
only to stormwater management facilities, stormwater management ponds, and stormwater
utility).
B.
Showing a Lack of Practical Alternatives. A lack of practical alternatives may be shown by demonstrating
that, considering the potential for a reduction in size, configuration, or density of the proposed activity and
all alternative designs, the basic project purpose cannot be practically accomplished in a manner which
would avoid or result in less adverse impact to surface waters.
§42-241.
Structural and Nonstructural Stormwater BMPs Maintenance
§42-241.1
Dedication of BMPs, Facilities and Improvements
The County may, but is not obligated to, accept dedication of any existing or future stormwater management facility
for maintenance, provided such facility meets all the requirements of Subpart B and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
§42-241.2
General Standards for Maintenance
A.
Function of Stormwater BMPs As Intended. The owner of each structural stormwater BMP installed
pursuant to Subpart B shall maintain and operate it so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function for which the structural stormwater
BMP was designed.
B.
Annual Maintenance Inspection and Report. The person responsible for maintenance of any structural
stormwater BMP installed pursuant to Subpart B shall submit to the Water Quality Administrator an
inspection report from either a qualified registered North Carolina professional engineer or landscape
architect. The inspection report shall contain all of the following:
(1)
The name and address of the land owner
(2)
The recorded book and page number of the lot of each structural BMP;
(3)
A statement that an inspection was made of all structural stormwater BMPs;
(4)
The date the inspection was made;
(5)
A statement that all inspected structural stormwater BMPs are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement required by
Subpart B; and
(6)
The original signature and seal of the engineer or landscape architect.
All inspection reports shall be on forms supplied by the Water Quality Administrator. An original
inspection report shall be provided to the Water Quality Administrator beginning one (1) year from the date
of as-built certification and each year thereafter on or before the date of the as-built certification. 
§42-241.3
Operation and Maintenance Agreement
A.
In General. Prior to the conveyance or transfer of any lot or building site to be served by a structural
stormwater BMP pursuant to Subpart B, and prior to issuance of any permit for development or
redevelopment requiring a structural stormwater BMP pursuant to Subpart B, the applicant or owner of the
site must execute an operation and maintenance agreement that shall be binding on all subsequent owners
of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of
all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary
responsibility for carrying out the provisions of the maintenance agreement. 
The operation and maintenance agreement shall require the owner or owners maintain, repair and, if
necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of
maintenance for the structural BMP. In addition, it shall grant the County a right of entry in the event that
  
the Water Quality Administrator has reason to believe it has become necessary to inspect, monitor,
maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself,
confer an obligation on the County to assume responsibility for the structural BMP
The operation and maintenance agreement must be approved by the Water Quality Administrator prior to
plan approval, and it shall be referenced on the final plat and shall be recorded with the County Register of
Deeds upon final plat approval.  A copy of the recorded maintenance agreement shall be given to the Water
Quality Administrator within 14 days following its recordation. 
B.
Special Requirement for Homeowners’ and Other Associations. For all structural stormwater BMPs
required pursuant to Subpart B and that are to be or are owned and maintained by a homeowners’
association, property owners’ association, or similar entity, the required operation and maintenance
agreement shall include all of the following provisions:
(1)
Acknowledgment that the association shall continuously operate and maintain the stormwater
control and management facilities.
(2)
Granting to the County a right of entry to inspect, monitor, maintain, repair, and reconstruct
structural stormwater BMPs.
(3)
Allowing the County to recover from the association and its members any and all costs the County
expends to maintain or repair the structural stormwater BMPs or to correct any operational
deficiencies. Failure to pay the County all of its expended costs, after 45 days written notice, shall
constitute a breach of the agreement. In case of a deficiency, the County shall thereafter be entitled
to bring an action against the association and its members to pay, or foreclose upon the lien hereby
authorized by the agreement against the property, or both. Interest, collection costs, and attorney
fees shall be added to the recovery. 
(4)
A statement that this agreement shall not obligate the County to maintain or repair any structural
stormwater BMPs, and the County shall not be liable to any person for the condition or operation
of structural stormwater BMPs
(5)
A statement that this agreement shall not in any way diminish, limit, or restrict the right of the
County to enforce any of its ordinances as authorized by law.
(6)
A provision indemnifying and holding harmless the County for any costs and injuries arising from
or related to the structural stormwater BMP, unless the County has agreed in writing to assume the
maintenance responsibility for the BMP and has accepted dedication of any and all rights
necessary to carry out that maintenance.
§42-241.4
Inspection Program
Inspections and inspection programs by the County may be conducted or established on any reasonable basis,
including but not limited to routine inspections; random inspections; inspections based upon complaints or other
notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety
laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in stormwater BMPs; and evaluating the condition of
stormwater BMPs
If the owner or occupant of any property refuses to permit such inspection, the Water Quality Administrator shall
proceed to obtain an administrative search warrant pursuant to NCGS 15-27.2 or its successor.  No person shall
obstruct, hamper or interfere with the Water Quality Administrator while carrying out his/her official duties.
§42-241.5
Reserved
§42-241.6
Notice to Owners
A.
Deed Recordation and Indications on Plat. The applicable operations and maintenance agreement,
conservation easement, or dedication and acceptance into public maintenance (whichever is applicable)
pertaining to every structural stormwater BMP shall be referenced on the final plat and shall be recorded
with the County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site,
the operations and maintenance agreement, conservation easement, or dedication and acceptance into
public maintenance, whichever is applicable shall be recorded with the County Register of Deeds so as to
appear in the chain of title of all subsequent purchasers under generally accepted searching principles. 
B.
Signage. Where appropriate in the determination of the Water Quality Administrator to assure compliance
with this Subpart B, structural stormwater BMPs shall be posted with a conspicuous sign stating who is
  
responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain
visible and legible.
§42-241.7
Records of Installation and Maintenance Activities
The owner of each structural stormwater BMP shall keep records of inspections, maintenance, and repairs for at
least five (5) years from the date of creation of the record and shall submit the same upon reasonable request to the
Water Quality Administrator.
§42-241.8
Nuisance
The owner of each stormwater BMP, whether structural stormwater BMP or non-structural BMP, shall maintain it
so as not to create or result in a nuisance condition.
§42-241.9
Maintenance Easement
Every structural stormwater BMP installed pursuant to Subpart B shall be made accessible for adequate
maintenance and repair by a maintenance easement. The easement shall be recorded and its terms shall specify who
may make use of the easement and for what purposes.
§42-242.
Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct,
reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this Subpart B shall be
subject to the remedies, penalties, and/or enforcement actions in accordance with this §42-377 (Violations). Persons
subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor,
developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition
that results in or constitutes a violation of this Subpart B, or fails to take appropriate action, so that a violation of the
same results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or
responsibility for, the use or development of the property on which the violation occurs. Responsible person(s) shall
include but not be limited to:
A.
Person Maintaining Condition Resulting In or Constituting Violation. An architect, engineer, builder,
contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes,
or maintains a condition that constitutes a violation of this Subpart B or fails to take appropriate action,
so that a violation of the same results or persists.
B.
Responsibility For Land or Use of Land. The owner of the land on which the violation occurs, any
tenant or occupant of the property, any person who is responsible for stormwater controls or practices
pursuant to a private agreement or public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the property.
§42-243.
Fees
The Board of Commissioners shall establish permit review fees as well as policies regarding refund of any fees upon
withdrawal of an application, and may amend and update the fees and policies from time to time.
§42-244.
Effective Date
This stormwater regulation of this Subpart B shall take effect September 1, 2010.
§42-245.
Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of Subpart B shall be adjudged invalid
by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section,
subsection, paragraph, subdivision or clause of this subpart.
Notwithstanding any other provision contained herein, nothing herein shall be construed to restrict any property
owner subject to this ordinance in any manner or to any extent greater than otherwise would be the case in the
absence of the adoption of this Ordinance.  Any provision hereof which restricts any property owner subject to this
ordinance in any manner or to any extent greater than otherwise would be the case in the absence of the adoption of
this Ordinance is declared to be a nullity, and shall have no effect.
§42-246.
Through 42-250. Reserved