WSCO_GUIL_WSWP Ordinance_20200911

Article VII
ENVIRONMENTAL REGULATIONS
7-1. Stormwater Management/Watershed Protection Districts
7-1.1. District Descriptions.
7-1.2. Incorporation of Designated Water Supply Watershed/NPDES Phase H Stormwater Map of Guilford County North Carolina.
7-1.3. Applicability.
7-1.4. Participation in a Public Regional Water Quality Lake Program.
7-1.5. Stormwater Management/Watershed Development Plan.
7-1.6. Improvements.
7-1.7. Clustering.
7-1.8. Drainage.
7-1.9. Stream Buffer Required.
7-1.10. Stream Channelization.
7-1.11. Activities Regulated by Other Governmental Agencies.
7-1.12. Variances.
7-1.13. Watershed Reporting.
7-2. Watershed Protection Districts and Performance Standards
7-2.1. National Pollutant Discharge Elimination System (NPDES).
7-2.2. General Watershed Areas (GWA).
7-2.3. Watershed Critical Areas (WCA).
7-3. Illicit and Illegal Discharges
7-3.1. Objectives.
7-3.2. Jurisdiction.
7-3.3. Authority.
7-3.4. Abrogation.
7-3.5. Definitions.
7-3.6. Acronyms.
7-3.7. Right of entry.
7-3.8. Prohibited discharges.
7-3.9. Spill response.
7-3.10. Review of Stormwater Pollution Prevention Plans.
7-3.11. Violations.
7-3.12. Civil Penalties.
7-3.13. Remedies.
7-3.14. Appeal Hearing.
7-4. Soil Erosion and Sedimentation Control
7-4.1. General Requirements.
7-4.2. Basic Control Objectives.
7-4.3. Mandatory Standards for Land -disturbing Activity.
7-4.4. Design and Performance Standards.
7-4.5. Storm Water Outlet Protection.
7-4.6. Borrow and Waste Areas.
7-4.7. Access and Haul Roads.
7-4.8. Operations in Lakes or Natural Watercourses.
7-4.9. Responsibility for Maintenance.
7-4.10. Additional Measures.
7-4.11. Existing Uncovered Areas.
7-4.12. Erosion and Sedimentation Control Plans.
7-5. Flood Damage Prevention
7-5.1. Statutory Authorization and Legal Status Provisions.
7-5.2. Findings of Fact.

7-5.3. General Provisions.
7-5.4. Establishment of Floodplain Development Permit.
7-5.5. Compliance.
7-5.6. Warning and Disclaimer of Liability.
7-5.7. Floodplain Development Application, Permit and Certification Requirements.
7-5.8. Provisions for Flood Hazard Reduction.
7-5.9. Standards for Floodplains without Established Base Flood Elevations.
7-5.10. Standards for Riverine Floodplains with BFE but Without Established Floodways or Non -Encroachment Areas.
7-5.11. Floodways and Non -Encroachment Areas.
7-1.
STORMWATER MANAGEMENT/WATERSHED PROTECTION DISTRICTS
7-1.1. District Descriptions.
Two overlay districts cover the unincorporated areas of Guilford County. They are the National
Pollutant Discharge Elimination System (NPDES) and the Water Supply Watershed overlays. The Water
Supply Watershed area is further divided into the Watershed Critical Area (WCA) and the General Watershed
Area (GWA). The WCA covers the portion of the watershed adjacent to a water supply intake or reservoir. The
GWA covers the rest of the watershed draining to the reservoir or intake.
(Amd. of 4-21-05)
Sec. 7-1.2. Incorporation of Designated Water Supply Watershed/NPDES Phase II Stormwater Map of
Guilford County, North Carolina.
The provisions of this Ordinance shall apply to all unincorporated areas of Guilford County, as shown
on the map titled "Designated Water Supply Watershed/NPDES Phase II Stormwater Map of Guilford County,
North Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith. The Stormwater Map and
all explanatory matter contained thereon accompanies, and is hereby made a part of, this Ordinance.
The Stormwater Map shall be kept on file by the Enforcement Officer and shall be updated to take into
account changes in the land area covered by this Ordinance and the geographic location of all structural BMPs
permitted under this Ordinance. In the event of a dispute, the applicability of this Ordinance to a particular area
of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary maps and the Guilford County Development
Ordinance.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09)
7-1.3. Applicability.
(A) Coverage:
1) Sections 7-1 and 7-2 apply to all sites in unincorporated Guilford County unless specifically
exempted pursuant to item (B) of this section.
2) The construction of new streets by local government shall comply with best management
practices developed in response to the City of Greensboro's or NCDOT's EPA-NPDES
Stormwater Management Program which is incorporated herein by reference.

3) Widening of existing streets and the installation of sidewalks shall comply with the provisions of
this Ordinance to the extent practicable. When determined by the Enforcement Officer that the
provisions of these sections cannot be met, the widening of existing streets and the installation of
sidewalks shall comply with best management practices developed in response to the City of
Greensboro's or NCDOT's EPA-NPDES Stormwater Management Program which is
incorporated herein by reference.
(B) Exempt Activities: The following activities are exempt from the Stormwater
Management/Watershed Development requirements of this Section. However, any restrictions upon building
location, drainageways, pavement or other built -upon area, or any other matter appearing on any previously
approved Stormwater Management/Watershed Development plan covering the subject property shall be
complied with unless and until replaced by an approved revised plan.
1) Construction of a single-family dwelling and its accessory structures on a legal lot of record
established prior to the regulations for the watershed protection district. This exemption does not
apply to the Randleman Lake or the Jordan Lake Watersheds with regard to riparian buffer
protection.
2) Redevelopment. Requires submittal of a site plan documenting removal/relocation of built upon
area.
3) Placement of small accessory buildings, structures, or small amounts of other built -upon area
provided that the total additional built -upon area is no greater than four hundred (400) square
feet. This exemption shall apply to an individual property for one time only after January 1,
1994. Requires submittal of site plan documenting location of four hundred (400) square feet
built -upon area. This provision shall not allow any development to circumvent the standards as
set forth by the State and shall not be construed to allow development in the Randleman and
Jordan Lake Riparian Areas.
4) Existing development in non -water supply districts that was in place prior to July 1, 2007. Any
water quality device required by new development shall be sized to treat runoff from all
built -upon area (existing and proposed) that naturally flow to that device. Required water quality
control for an area of new development can be substituted for an equal area of existing
development, if the Enforcement Officer has determined that equal or improved water quality
will result.
5) Existing development in water supply watershed districts until such time that additional new
development is initiated on the site.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09; Case No. 1-10, 11-4-10)
7-1.4. Participation in a Public Regional Water Quality Lake Program.
(A) Where Permitted: Where a regional water quality lake program has been established by one or
more local governments, or by an authority operating on behalf of one or more local governments, and
approved by the N.C. Environmental Management Commission, a development may participate in said program

in lieu of any certification of runoff control required by this Article, provided that:
1) The development is within an area covered by a public regional water quality lake program;
2) Runoff from the development drains to an existing or funded public regional water quality lake
which is part of said program;
3) Participation is in the form of contribution of funds, contribution of land, contribution of lake
construction work, or a combination of these, the total value of which shall be in accordance with
a fee schedule adopted by the Governing Body; and
4) The Enforcement Officer finds that the watershed development plan is in compliance with all
other applicable requirements of this Article.
(B) Use of Contributions: Each contribution from a development participating in a public regional
water quality lake program shall be used for acquisition, design, or construction of one or more such lakes in the
same water supply watershed that the development lies in.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09)
7-1.5. Stormwater Management/Watershed Development Plan.
(A) Plan Required. A Stormwater Management/Watershed Development plan in accordance with the
performance standards specified in Table 7-2-1 or the requirements of Sections 7-2.2 and 7-2.3 and with other
requirements of this Article shall be submitted to the Enforcement Officer and shall include all applicable
information listed in Appendix 2 (Map Standards) of this Ordinance.
(B) Plan Approval: The Enforcement Officer is authorized to approve any Stormwater
Management/Watershed Development plan which is in conformance with the performance standards specified
in Table 7-2-1 or the requirements of Section 7-2.2 and 7-2.3 whichever is applicable, and with other
requirements of this Article.
(C) Approved Plan a Prerequisite: The Enforcement Officer is not authorized to issue any permits,
except as provided in Section 3-4.1(D) for development on any land unless and until a Stormwater
Management/Watershed Development Plan in compliance with the requirements of this Section has been
approved.
(D) Deed Restriction -Restrictive Covenant: In accordance with applicable National Pollutant
Discharge Elimination System (NPDES) Phase II regulations recorded deed restrictions and protective
covenants shall be required to ensure that development activities maintain the development consistent with the
approved project plans. Effective July 1, 2007, the following restriction shall be required for all developments
in unincorporated Guilford County.
The Enforcement Officer shall review and approve plats and deeds prior to recording or prior to issuing a
building permit. A copy of the recorded document shall be forwarded to the Enforcement Officer prior to
issuing a certificate of occupancy.

The deed restriction and protective covenants note shall take the following form for plats and deeds:
DEED
RESTRICTION-RESTRIC
TIVE COVENANT:
"Development of subject
property is required to be
in accordance with
applicable state and federal
regulations for the National
Pollutant Discharge
Elimination System
(NPDES) Phase II
stormwater management
program. The recording of
this document establishes
an enforceable restriction
on property usage that runs
with the land to ensure that
future development and/or
redevelopment shall
maintain the site in a
manner consistent with
applicable law and the
approved project plans.
Any alterations to the site
shall not be permitted
without review and
approval by the local
governmental office having
jurisdiction for
watershed/stormwater
(E) Permanent Runoff Control Structures: When a permanent runoff control structure is required for
a development to meet the requirements of this Article, a North Carolina registered professional engineer shall
prepare the plan with the Engineer's Statement of Runoff Control from Article 7-1.6(B) affixed, signed, sealed,
and dated.
(F) Appeals: Appeals of the Enforcement Officer's decision on a Stormwater
Management/Watershed Development plan shall be made in writing to the Environmental Review Board. The
Technical Review Committee shall review the appeal at its first regularly scheduled meeting after receipt of the
written appeal and make a recommendation to the Environmental Review Board.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09)
7-1.6. Improvements.
(A) Design oflmprovements:
1) Design of improvements shall:
a) Be performed by a North Carolina registered professional engineer;

b) Be subject to approval of the Enforcement Officer; and
c) Meet or exceed the guidelines in the latest edition of the Guilford County Water Quality
Protection Manual, issued by Guilford County.
2) The Enforcement Officer may recommend, and the Technical Review Committee may require,
that a given runoff control structure(s) be positioned on a site such that water quality protection
is improved.
3) The construction plans for required runoff control structures shall be approved prior to issuance
of any building permit on a site. For subdivisions, construction plans shall be submitted in
accordance with Section 5-7.1 (Plans).
(B) Engineer's Statement of Runoff Control: The engineering certification required on Stormwater
Management/Watershed Development Plans and construction plan drawings shall be of the following form:
ENGINEER'S STATEMENT OF RUNOFF CONTROL
I state that, to the best of my knowledge and belief, the runoff control measure(s) shown on this plan have been
designed to control and treat stormwater runoff from the first one inch of rain from all built -upon areas over the
total drainage area and the discharge of the storage volume is at a rate equal to or less than the predevelopment
discharge rate for the one-year, 24-hour storm and that the runoff control measures shown on this plan meet or
exceed the guidelines in the latest edition of the Guilford County Water Quality Protection Manual issued by
Guilford County.
SIGNATURE P.E. SEAL
DATE
(C) Construction oflmprovements:
1) The construction of all improvements designed for post construction runoff control and shown
on an approved Stormwater Management/Watershed Development plan shall be substantially
completed prior to any plat recordation or issuance of any building certificate of occupancy
(compliance).
2) Final approval of installed post construction runoff control structures will be required at
finalization of the grading permit or at issuance of the final building certificate of occupancy
(compliance), whichever comes later. If neither a building permit nor a grading permit is
required for a site, then any required runoff control structure shall be substantially completed
prior to installation of any built -upon area on the site. Engineering statement of completion and
record of construction Article 7-1.6(E) shall be required prior to final approval by the
Enforcement Officer.
(D) Recordation of Permanent Improvements: All permanent runoff control structures and associated
access/maintenance easement(s) (specific or general, at the owner's option) shall be recorded on a final plat; and
a Best Management Practice Operation and Maintenance Agreement, as outlined in the latest edition of the

Guilford County Water Quality Protection Manual shall be submitted to the Enforcement Officer for review and
approval.
(E) Engineer's Statement of Completion: The owner or registered design professional in responsible
charge acting as the owner's agent shall employ one or more professional engineers to provide inspections
during construction. Upon the completion of final inspection, the professional engineer shall provide the
engineer's statement of completion. The Record of Construction (as shown in the Water Quality Protection
Manual) and the Engineer's Statement required upon completion of permanent runoff control structures shall be
of the following form:
ENGINEER'S STATEMENT OF COMPLETION
I state that, to the best of my knowledge and belief, the permanent runoff control structure for (name of plat) is
duly recorded in the Office of the Guilford County Register of Deeds and has been completed in conformance
with the approved plans and specifications dated (approval date).
SIGNATURE P.E. SEAL
DATE
(F) Maintenance Responsibility:
1) When runoff control structures serve more than one lot, an owner's association or binding
contract for the purpose of maintenance shall be required. See Section 5-8.2 (Permanent Runoff
Control Structures).
2) Maintenance of runoff control structures shall be performed at such time as the designated
sediment storage volume of the structure has been lost to sediment or a part of the system is not
functioning as originally designed. The Enforcement Officer shall have the responsibility to
inspect runoff control structures annually, to record the results on forms approved or supplied by
the N. C. Division of Water Quality, to keep the recorded results on file, and to notify the
responsible property owner or owner's association when additional maintenance or repairs are
required. All required repairs and maintenance shall be performed within ninety (90) days after
such notice. In case of failure by the responsible party to perform the required maintenance or
repairs within the stated period, in accordance with Section 8-5 of this Ordinance the Jurisdiction
may impose an assessment of a civil penalty up to two hundred dollars ($200.00) per day for
each violation.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09)
7-1.7. Clustering.
(A) Clustering Encouraged: Clustering of residential development is encouraged. Clustering of
single-family detached development is allowed under the provisions of Section 4-4.1(B) (Single-family
Detached Cluster Development). Multifamily development may be clustered so long as the development
complies with the standards of Section 4-4.2 (Multifamily Districts).
(B) Performance Requirements: Clustering is allowed if the overall density of the project meets the

applicable density and stormwater runoff control requirements, the built -upon areas are designed and sited to
minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, the
remainder of the tract remains in a vegetated or natural state, and the stream buffering requirements found in
Section 7-1.9 are met.
(Amd. of 4-21-05)
7-1.8. Drainage.
The design of storm drainage systems and plans, including calculations, shall clearly indicate the
easements or dedicated areas required for the construction and maintenance of the drainage system.
(A) General Drainage Requirement:
I) All watercourses which carry concentrated drainage from a public road or have a two
acre or larger drainage basin, shall be treated in one or more of the four ways listed in
Section 7-1.8(B), (C), (D) and (E) which follow. The Technical Review Committee when
applicable or Enforcement Officer shall approve the treatments to be used when deemed
compliant with the requirements of the subsections which follow. Open drainage channel
requirements shall be based upon a minimum of one hundred -year storm, and enclosed
systems shall be based upon a minimum of ten-year storm. If the channel is a perennial or
intermittent stream, is identified on the adopted open space plan map or drains a one
hundred twenty (120) acre or larger basin, the determination of drainage treatment shall
be made by the Technical Review Committee when applicable or the Enforcement
Officer. In making this determination the following factors shall be considered before
selecting the appropriate method(s) listed in the subsections which follow:
a) The type of development;
b) The treatment employed by nearby developments;
c) The probability of creation of drainageway and open space;
d) The probability of the creation of future maintenance problems;
e) The probability of erosion or flooding problems; and
f) The adopted open space plan.
g) NPDES Phase II requirements, stream buffer requirements, and channelization
limitations for the WCA and GWA, as described in Article VII (Environmental
Standards).
2) If the channel is not a perennial or intermittent stream, or is not identified on the open
space plan and drains less than a one hundred twenty (120) acre drainage basin, the
determination of drainage treatment shall be made in a manner consistent with this
Section.

(B) Enclosed Subsurface Drainage and requirement for a Drainage or Drainage Maintenance and
Utility Easement:
1) This Section applies to enclosed subsurface drains. Profiles and enclosure standards shall
be in accordance with the Guilford County Storm Sewer Design Manual.
2) A drainage maintenance and utility easement (DMUE) or drainage easement designed to
accommodate stormwater shall be placed on a recorded plat when determined necessary
by the Jurisdiction. The required easement shall be centered on the enclosure when
practical, but in no case shall the outside wall of the enclosure be located less than five
(5) feet from the edge of the easement. The easement shall be of a width determined
necessary for maintenance purposes by the Jurisdiction based upon enclosure depth,
topography and location of existing and proposed improvements, but no less than fifteen
(15) feet.
3) The DMUE or drainage easement shall be kept free and clear of any buildings or other
improvements which would interfere with the proper maintenance of the underground
enclosures. The Jurisdiction shall not be liable for damages to any improvement located
within DMUE area caused by maintenance of utilities located therein. Furthermore,
DMUE may be used for future installations of any underground utility, provided that:
a) Any underground utility to be installed by any utility provider other than the
Jurisdiction shall be subject to approval.
b) Any government agency, public utility, or private company installing additional
underground lines after development has been completed by the owner of the
property shall be responsible for the replacement of all fencing, pavement and
grassed area disturbed by such installation.
c) The Jurisdiction shall not be responsible for damages caused by installation of
additional lines by any public or private utility company.
(C) Open Channel Drainage in Dedicated Drainageway and Open Space Area (Public Open Space):
1) This Section applies to an open channel in a dedicated drainageway and open space area.
The drainageway and open space area shall be dedicated by a recorded plat and shall be
labeled "Dedicated to Guilford County and the public for Drainageway and Open Space".
This is a voluntary option available in lieu of 7-1.8(D) which enables one to utilize
cluster options and reduce lot sizes when abutting public open space. The ownership of
the dedicated land remains with the deeded owner, but the use is restricted. Dedication
does not transfer title. The dedicated area can also be deeded to any individual or group,
such as a homeowners association or to Guilford County (with Board of Commissioner
acceptance). A previously dedicated area may be considered for development through
approval from TRC and re -platting.

2) The voluntarily dedicated drainage -way and open space area along any stream that drains
a 120 acre or larger drainage basin shall include the land between the natural one hundred
(100) year flood contour lines as determined by FEMA or by calculations approved by
the US Army Corps of Engineers. (Caution: Other Environmental Regulations or federal
wetland regulations will prohibit or restrict fill placement in certain locations.) An area
within the floodway fringe can be developed as permitted in Section 7-5.8 with a
Floodplain Development Permit. The remainder shall be dedicated as indicated in
subsection 1) above.
3) In case of severe topography, additional width may be needed to assure reasonable ease
of maintenance.
4) Adequate access to the public open space shall be provided by means of the dedicated
area abutting public right-of-way or by appropriately spaced access easements no less
than twenty (20) feet in width. If existing access from adjacent areas is deemed sufficient,
no new access shall be required.
5) The centerline of the drainage channel that drains a one hundred twenty (120) acre or
larger drainage basin shall be located no less than fifty (50) feet from any street or
property line provided that the dimensions of the drainage way and open space area
conform to all other requirements of this Section
6) Public open space shall be left in its natural condition or graded to a section approved by
the Jurisdiction which will allow economical and efficient maintenance and shall be
stabilized with permanent vegetative cover.
(D) Open Channel Drainage and requirement for Drainageway and Open Space Easement (Private
Open Space):
1) This Section applies requirements to an open channel meeting one or more of the
descriptions in 7.1.8(A). At the time of plat recordation an easement for the drainage -way
and open space shall be provided and shall be labeled "Drainageway and Open Space
Easement". The drainage -way and open space easement shall include the drainage channel
and the one -hundred -year regulatory floodplain contour as shown on the effective Flood
Insurance Rate Maps or by calculations approved by the US Army Corps of Engineers.
2) Drainageway and open space shall be left in its natural condition or graded to a section
approved by the Jurisdiction which will allow economical and efficient maintenance and
shall be stabilized with permanent vegetative cover.
(E) Open Channel Drainage and requirement for a Drainage or Drainage Maintenance and Utility
Easement:
1) This Section applies to open channels on private property within a drainage or drainage
maintenance and utility easement.

2) The drainage or drainage maintenance and utility easement shall be a minimum total
width of no less than specified below.
Table 7-1-1 Drainage Maintenance and Utility Easement
Drainage Basin
Required Distance from
Stream Centerline
Minimum Total Easement
Width
2--6 acres
15 ft.
30 ft.
6.01--25 acres
30 ft.
60 ft.
25.01 or more acres
55 ft.
110 ft.
The easement width shall be centered on the drainage channel, unless the Technical
Review Committee when applicable or the Enforcement Officer approves other easement
alignments because of topographic conditions. Cases in which the drainage channel flows
into an impoundment, the easement shall extend over and twenty (20) feet beyond the
normal water level of the impoundment or meet the minimum width as specified above,
whichever is greater. Concentrated drainage from less than a two (2) acre drainage basin,
exiting a public right-of-way, shall be as conveyed into a drainage easement as specified
below:
a) Thirty (30) feet wide for the length of channel for concentrated flow exiting
public right-of-way into a defined channel.
b) Minimum thirty (30) feet wide by fifty (50) feet in length for concentrated flow
exiting public right-of-way onto terrain with no pronounced drainage features
3) In case of severe topography, additional width may be required to assure reasonable ease
of maintenance.
4) The easement topography may be modified if permitted under other applicable local and
state regulations (stream buffer, NC Division of Water Quality 401/U.S. Army Corps of
Engineers 404, etc.). In such cases, the approved typical required drainage channel
section shall include the necessary channel to accommodate a one hundred (100) year
flood event and be in accordance with the Guilford County Storm Sewer Design Manual.
The area outside of the required drainage channel may be filled; but any resulting slope
shall be no steeper than two (2) feet horizontal to one (1) foot vertical, unless the slope is
protected by masonry paving, rip -rap, or other material which meets the Jurisdiction's
specifications. If the channel has been altered such that the design flow cannot be
contained within the recorded easement, a corrected easement shall be recorded to show
the altered location and width.
5) If the Technical Review Committee determines suitable access to the easement is not
otherwise provided, access shall be guaranteed by a suitably located access easement
which shall be no less than twenty (20) feet in width.
6) It shall be the responsibility of the owner to maintain all drainageways located on the
property. If the Governing Body determines that it is in the public interest to alter the

typical required channel section and/or profile of the stream to improve flow, the
Jurisdiction may enter the property within the indicated access or drainage maintenance
and utility easement and carry out the necessary work without liability for any damage to
the property, or improvements thereon, located within the easement.
7) Drainage maintenance and utility easements may be utilized for any underground utility
provided that:
a) Underground utility lines to be installed by any utility provider other than the
Jurisdiction shall be subject to approval by the Enforcement Officer.
b) The government agency, public utility, or private company installing underground
lines after development has been completed by the owner of the property shall be
responsible for the replacement of all fencing, pavement and grassed areas
disturbed by such installation.
c) The Jurisdiction shall not be responsible for damage caused by the installation of
additional lines by any public or private utility company.
d) The Jurisdiction shall not be liable for damages to any improvements located
within the drainage maintenance and utility easement area caused by maintenance
of utilities located therein.
8) No buildings or structures except for water -related improvements shall be placed or
constructed within the access or drainage maintenance and utility easement. All drives,
parking areas, or other improvements, shall be constructed no closer than two (2) feet
horizontally from the top of any back slope along any open watercourse.
(F) Modifications to Drainage or Drainage Maintenance and Utility Easement:
1) This section applies to all recorded drainage or drainage maintenance and utility
easements. This shall include other recorded easements identified by an assortment of
varying names in which one of the principal functions is to convey runoff from
stormwater.
2) Unless strictly prohibited under other applicable sections, easements may be modified,
altered, or relocated with prior approval by the Enforcement Officer based upon review
of certification with supporting technical data by a registered design professional.
Supporting data shall be in accordance with the Guilford County Storm Sewer Design
Manual and must clearly demonstrate that such modifications will not result in any
increase in flood levels or create any adverse impacts during the occurrence of the design
flow discharge. Approval criteria shall include but not be limited to: system capacity to
adequately convey design flow discharge, location of outlet/discharge, resistance to
erosive forces, potential to adversely impact neighboring properties, system maintenance
requirements, existing utilities, other applicable local, state, and federal regulations.

3) Any alteration of a drainage or drainage maintenance and utility easement without prior
approval may be deemed a violation and subject to enforcement actions. Nothing in this
section shall prohibit the installation of utilities as allowed by other sections.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09)
7-1.9. Stream Buffer Required.
(A) Riparian Buffer Protection for Lands within the Jordan Lake Watershed.
1) Authority: Section 7-1.9(A) is adopted pursuant to the authority vested in Guilford County by the
Session Laws and the General Statutes of North Carolina, particularly Session Law 2009-216
(House Bill 239), Session Law 2009-484 (Senate Bill 838), N.C. Gen. Stat §§ 153A-121,
153A-140, Chapter 153A, Article 18, N.C. Gen. Stat §§ 160A-174, 160A-193, Chapter 160A,
Article 19, and any special legislation enacted by the General Assembly for Guilford County.
2) Purpose and Intent: The purposes of the County in adopting Section 7-1.9(A) is to protect and
preserve existing riparian buffers throughout the Jordan Watershed as generally described in
Rule 15A NCAC 02B .0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope), in
order to maintain their nutrient removal and stream protection functions. Additionally this
Ordinance will help protect the water supply uses of Jordan Reservoir and of designated water
supplies throughout the Jordan Watershed. The requirements of Section 7-1.9(A) shall supersede
all other locally implemented buffer requirements as outlined in Section 7-1.9(B).
Buffers adjacent to streams provide multiple environmental protection and resource management
benefits. Forested buffers enhance and protect the natural ecology of stream systems, as well as
water quality through bank stabilization, shading, and nutrient removal. They also help to
minimize flood damage in flood prone areas. Well -vegetated streamside riparian areas help to
remove nitrogen and prevent sediment and sediment -bound pollutants such as phosphorous from
reaching the streams.
3) Jurisdiction: Section 7-1.9(A) shall be applied to all land in the planning jurisdiction of the
County that is located within the Jordan Reservoir Watershed. The Jordan Reservoir Watershed
includes the Greensboro, Lake Mackintosh, Reidsville, and the non -water supply watersheds as
designated on the Stormwater Map of Guilford County.
4) Applicability: Section 7-1.9(A) applies to all landowners and other persons conducting activities
in the area described in Section 7-1.9(A)3), with the exception of activities conducted under the
authority of the State, the United States, multiple jurisdictions, or local units of government, and
forest harvesting and agricultural activities. The NC Division of Water Quality shall administer
the requirements of Rule 15A NCAC 02B .0267 and .0268 (Jordan Water Supply Nutrient
Strategy: Protection of Existing Riparian Buffers and Mitigation of Existing Riparian Buffers,
respectively) for these activities.
5) Riparian Area Protection within the Jordan Reservoir Watershed:
a. Buffers Protected. The following minimum criteria shall be used for identifying regulated

buffers:
Section 7-1.9(A) shall apply to activities conducted within, or outside of with
hydrologic impacts in violation of the diffuse flow requirements set out in Section
7-1.9(A)5)e upon, 50-foot wide riparian buffers directly adjacent to surface waters
in the Jordan Watershed (intermittent streams, perennial streams, lakes, reservoirs
and ponds), excluding wetlands.
ii. Wetlands adjacent to surface waters or within 50 feet of surface waters shall be
considered as part of the riparian buffer but are regulated pursuant to Rules 15A
NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300,
and Sections 401 and 404 of the Federal Water Pollution Control Act.
iii. For the purpose of this Ordinance, only one of the following types of maps shall
be used for purposes of identifying a water body subject to the requirements of
this Ordinance:
(1) The most recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of
Agriculture.
(2) The most recent version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geologic Survey (USGS).
(3) A map approved by the Geographic Information Coordinating Council and
by the NC Environmental Management Commission. Prior to approving a
map under this Item, the Commission shall provide a 30-day public notice
and opportunity for comment. Alternative maps approved by the
Commission shall not be used for buffer delineation on projects that are
existing and ongoing within the meaning of Section 7-1.9(A)5)c of this
Ordinance.
iv. Where the specific origination point of a stream regulated under this Item is in
question, upon request of the NC Division of Water Quality or another party, the
County shall make an on -site determination. A County representative who has
successfully completed the Division's Surface Water Identification Training
Certification course, its successor, or other equivalent training curriculum
approved by the Division, shall establish that point using the latest version of the
Division publication, Identification Methods for the Origins of Intermittent and
Perennial Streams, available at
http://h2o.enr.state.nc.us/ncwetlands/documents/NC Stream_ID_Manual.pdf or
from the NC Division of Water Quality - 401 Oversight Express Permitting Unit,
or its successor. The County may accept the results of a site assessment made by
another party who meets these criteria. Any disputes over on -site determinations
made according to this Item shall be referred to the Director of the Division of
Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in

writing. The Director's determination is subject to review as provided in Articles 3
and 4 of G.S. 150B.
V. Riparian buffers protected by this Ordinance shall be measured pursuant to
Section 7-1.9(A)5)d of this Ordinance.
vi. Parties subject to this Ordinance shall abide by all State rules and laws regarding
waters of the state including but not limited to Rules 15A NCAC 2B .0230 and
.0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and
404 of the Federal Water Pollution Control Act.
vii. No new clearing, grading, or development shall take place nor shall any new
building permits be issued in violation of this Ordinance.
b. Exemption Based on On -site Determination. When a landowner or other affected party
including the Division believes that the maps have inaccurately depicted surface waters,
he or she shall consult the County. Upon request, a County representative who has
successfully completed the Division of Water Quality's Surface Water Identification
Training Certification course, its successor, or other equivalent training curriculum
approved by the Division, shall make an on -site determination. The County may also
accept the results of site assessments made by other parties who have successfully
completed such training. Any disputes over on -site determinations shall be referred to the
Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit,
or its successor, in writing. A determination of the Director as to the accuracy or
application of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B.
Surface waters that appear on the maps shall not be subject to these buffer requirements if
a site evaluation reveals any of the following cases:
Man-made ponds and lakes that are not part of a natural drainage way that is
classified in accordance with 15A NCAC 2B .0100, including ponds and lakes
created for animal watering, irrigation, or other agricultural uses. (A pond or lake
is part of a natural drainage way when it is fed by an intermittent or perennial
stream or when it has a direct discharge point to an intermittent or perennial
stream.)
ii. Ephemeral streams.
iii. The absence on the ground of a corresponding intermittent or perennial stream,
lake, reservoir, or pond.
iv. Ditches or other man-made water conveyances, other than modified natural
streams.
C. Exemption when Existing Uses are Present and Ongoing. This Ordinance shall not apply
to uses that are existing and ongoing; however, this Ordinance shall apply at the time an
existing, ongoing use is changed to another use. Change of use shall involve the initiation

of any activity that does not meet either of the following criteria for existing, ongoing
activity:
It was present within the riparian buffer as of the effective date of this Ordinance
and has continued to exist since that time. Existing uses shall include agriculture,
buildings, industrial facilities, commercial areas, transportation facilities,
maintained lawns, utility lines and on -site sanitary sewage systems, any of which
involve either specific, periodic management of vegetation or displacement of
vegetation by structures or regular activity. Only the portion of the riparian buffer
occupied by the footprint of the existing use is exempt from this Ordinance.
Change of ownership through purchase or inheritance is not a change of use.
Activities necessary to maintain uses are allowed provided that the site remains
similarly vegetated, no impervious surface is added within 50 feet of the surface
water where it did not previously exist as of the effective date of this Ordinance,
and existing diffuse flow is maintained. Grading and revegetating Zone Two is
allowed provided that the health of the vegetation in Zone One is not
compromised, the ground is stabilized and existing diffuse flow is maintained.
ii. Projects or proposed development that are determined by the County to meet at
least one of the following criteria:
(1) Project requires a 401 Certification/404 Permit and these were issued prior
to the effective date this Ordinance, and prior to the effective date of this
Ordinance.
(2) Projects that require a state permit, such as landfills, NPDES wastewater
discharges, land application of residuals and road construction activities,
have begun construction or are under contract to begin construction and
had received all required state permits and certifications prior to the
effective date of this Ordinance;
(3) Projects that are being reviewed through the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by
the US Army Corps of Engineers and Federal Highway Administration,
2003) or its immediate successor and that have reached agreement with
DENR on avoidance and minimization by the effective date of the
Ordinance, or
(4) Projects that are not required to be reviewed by the Clean Water Act
Section 404/National Environmental Policy Act Merger 01 Process
(published by the US Army Corps of Engineers and Federal Highway
Administration, 2003) or its immediate successor if a Finding of No
Significant Impact has been issued for the project and the project has
written approval of the County prior to the effective date of this
Ordinance.

d. Zones of the Riparian Buffer. The protected riparian buffer shall have two zones as
follows:
Zone One shall consist of a vegetated area that is undisturbed except for uses
provided for in the Table of Uses, Section 7-1.9(A)6)b of this Ordinance. The
location of Zone One shall be as follows:
(1) For intermittent and perennial streams, Zone One shall begin at the top of
the bank and extend landward a distance of 30 feet on all sides of the
surface water, measured horizontally on a line perpendicular to a vertical
line marking the top of the bank.
(2) For ponds, lakes and reservoirs located within a natural drainage way,
Zone One shall begin at the normal water level and extend landward a
distance of 30 feet, measured horizontally on a line perpendicular to a
vertical line marking the normal water level.
ii. Zone Two shall consist of a stable, vegetated area that is undisturbed except for
uses provided for in the Table of Uses, Section 7-1.9(A)6)b of this Ordinance.
Grading and revegetating in Zone Two is allowed provided that the health of the
vegetation in Zone One is not compromised. Zone Two shall begin at the outer
edge of Zone One and extend landward 20 feet as measured horizontally on a line
perpendicular to the surface water. The combined width of Zones One and Two
shall be 50 feet on all sides of the surface water.
Diffuse Flow Requirements. Diffuse flow of runoff shall be maintained in the riparian
buffer by dispersing concentrated flow prior to its entry into the buffer and reestablishing
vegetation as follows:
Concentrated runoff from new ditches or man-made conveyances shall be
converted to diffuse flow at non -erosive velocities before the runoff enters Zone
Two of the riparian buffer;
ii. Periodic corrective action to restore diffuse flow shall be taken as necessary and
shall be designed to impede the formation of erosion gullies; and
iii. As set out in Sections 7-1.9(A)5)d and 7-1.9(A)6)b of this Ordinance, The Zones
of the Riparian Buffer and Table of Uses respectively, no new stormwater
conveyances are allowed through the buffers except for those specified in the
Table of Uses, Section 7-1.9(A)6)b of this Ordinance, addressing stormwater
management ponds, drainage ditches, roadside ditches, and stormwater
conveyances.
6) Potential Uses and Associated Requirements.
a. Approval for New Development. Guilford County shall issue an approval for new

development only if the development application proposes to avoid impacts to riparian
buffers defined in Section 7-1.9(A)5)a of this Ordinance, or where the application
proposes to impact such buffers, it demonstrates that the applicant has done the
following, as applicable:
Determined the activity is exempt from requirements of this Ordinance;
ii. Received an Authorization Certificate from the County pursuant to Section
7-1.9(A)7)a of this Ordinance;
iii. For uses designated as Allowable with Mitigation in the Table of Uses in Section
7-1.9(A)6)b, received approval of mitigation plan pursuant to Section 7-1.9(A)7)c
of this Ordinance; and
iv. Received a variance pursuant to Section 7-1.9(A)7)b..
b. Table of Uses. The following chart sets out potential new uses within the buffer, or
outside the buffer with impacts on the buffer, and categorizes them as exempt, allowable,
or allowable with mitigation. All uses not categorized as exempt, allowable, or allowable
with mitigation are considered prohibited and may not proceed within the riparian buffer
or outside the buffer if the use would impact the buffer, unless a variance is granted
pursuant to Section 7-1.9(A)7)b of this Ordinance, Variances. The requirements for each
category are given in Section 7-1.9(A)6)c of this Ordinance following the Table of Uses.
Table 7-1-2 Table of Uses
Use
Exempt*
Allowable*
Allowable with
Mitigation*
Access trails: Pedestrian
access trails leading to the
surface water, docks,
fishing piers, boat ramps
and other water dependent
activities:
• Pedestrian access trails
X
that are restricted to the
minimum width practicable
and do not exceed 4 feet in
width of buffer
disturbance, and provided
that installation and use
does not result in removal
of trees as defined in this
Ordinance and no
impervious surface is
added to the riparian buffer

• Pedestrian access trails
X
that exceed 4 feet in width
of buffer disturbance, the
installation or use results m
removal of trees as defined
in this Ordinance or
impervious surface is
added to the riparian buffer
Airport facilities:
• Airport facilities that
X
impact equal to or less than
150 linear feet or one-third
of an acre of riparian buffer
• Airport facilities that
X
impact greater than 150
linear feet or one-third of
an acre of riparian buffer
• Activities necessary to
X
comply with FAA
requirements (e.g. radar
uses or landing strips)'
Archaeological activities
X
Bridges
X
Canoe Access provided
X
that installation and use
does not result in removal
of trees as defined in this
Ordinance and no
impervious surface is
added to the buffer.
Dam maintenance
activities:
• Dam maintenance
X
activities that do not cause
additional buffer
disturbance beyond the
footprint of the existing
dam or those covered under
the U.S. Army Corps of
Engineers Nationwide
Permit No. 3
• Dam maintenance
X
activities that do cause
additional buffer
disturbance beyond the
footprint of the existing
dam or those not covered
under the U.S. Army Corps
of Engineers Nationwide
Permit No. 3
Drainage ditches, roadside
ditches and stormwater
conveyances through
riparian buffers:

• New stormwater flows to
X
existing drainage ditches,
roadside ditches, and
stormwater conveyances
provided flows do not alter
or result in the need to alter
the conveyance and are
managed to minimize the
sediment, nutrients and
other pollution that convey
to waterbodies.
• Realignment of existing
X
roadside drainage ditches
retaining the design
dimensions, provided that
no additional travel lanes
are added and the
minimum required
roadway typical section is
used based on traffic and
safety considerations.
• New or altered drainage
X
ditches, roadside ditches
and stormwater outfalls
provided that a stormwater
management facility is
installed to control
nutrients and attenuate
flow before the conveyance
discharges through the
riparian buffer
• New drainage ditches,
X
roadside ditches and
stormwater conveyances
applicable to linear projects
that do not provide a
stormwater management
facility due to topography
constraints provided that
other practicable BMPs are
employed.
Driveway crossings of
streams and other surface
waters subject to this
Ordinance:
• Driveway crossings on
X
single-family residential
lots that disturb equal to or
less than 25 linear feet or
2,500 square feet of
riparian buffer
• Driveway crossings on
X
single-family residential
lots that disturb greater
than 25 linear feet or 2,500
square feet of riparian
buffer
• In a subdivision that
X
cumulatively disturb equal
to or less than 150 linear
feet or one-third of an acre
of riparian buffer

• In a subdivision that
X
cumulatively disturb
greater than 150 linear feet
or one-third of an acre of
riparian buffer
Driveway impacts other
X
than crossing of a stream or
other surface waters
subject to this Ordinance
Fences:
• Fences provided that
X
disturbance is minimized
and installation does not
result in removal of trees as
defined in this Ordinance
• Fences provided that
X
disturbance is minimized
and installation results in
removal of trees as defined
in this Ordinance
Fertilizer application:
X
One-time application to
establish vegetation
Grading and revegetation
X
in Zone Two provided that
diffuse flow and the health
of existing vegetation in
Zone One is not
compromised and disturbed
areas are stabilized until
thev are reve etated.
Greenway/hikmg trails
X
designed, constructed and
maintained to maximize
nutrient removal and
erosion protection,
minimize adverse effects
on aquatic life and habitat,
and protect water quality to
the maximum extent
practical.
Historic preservation
X
Maintenance access on
X
modified natural streams: a
grassed travel way on one
side of the water body
when less impacting
alternatives are not
practical. The width and
specifications of the travel
way shall be only that
needed for equipment
access and operation. The
travel way shall be located
to maximize stream
shading.
Mining activities:

• Mining activities that are
X
covered by the Mining Act
provided that new riparian
buffers that meet the
requirements of Sections
7-1.9(A)6)d and
7-1.9(A)6)e of this
Ordinance are established
adjacent to the relocated
channels
• Mining activities that are
X
not covered by the Mining
Act OR where new riparian
buffers that meet the
requirements of Sections
7-1.9(A)6)d and
7-1.9(A)6)e of this
Ordinance are not
established adjacent to the
relocated channels
• Wastewater or mining
X
dewatering wells with
approved NPDES permit
Playground equipment:
• Playground equipment on
X
single-family lots provided
that installation and use
does not result in removal
of vegetation
• Playground equipment
X
installed on lands other
than single-family lots or
that requires removal of
vegetation
Ponds created by
impounding streams and
not used as stormwater
BMPs:
• New ponds provided that
X
a riparian buffer that meets
the requirements of
Sections 7-1.9(A)6)d and
7-1.9(A)6)e of this
Ordinance is established
adjacent to the pond
• New ponds where a
X
riparian buffer that meets
the requirements of
Sections 7-1.9(A)6)d and
7-1.9(A)6)e of this
Ordinance is NOT
established adjacent to the
and
Protection of existing
X
structures, facilities and
stream banks when this
requires additional
disturbance of the riparian
buffer or the stream
channel

Railroad impacts other than
X
crossings of streams and
other surface waters
subject to this Ordinance.
Railroad crossings of
streams and other surface
waters subject to this
Ordinance:
• Railroad crossings that
X
impact equal to or less than
40 linear feet of riparian
buffer
• Railroad crossings that
X
impact greater than 40
linear feet but equal to or
less than 150 linear feet or
one-third of an acre of
riparian buffer
• Railroad crossings that
X
impact greater than 150
linear feet or one-third of
an acre of riparian buffer
Recreational and accessory
structures in Zone Two:
• Sheds and gazebos in
Zone Two, provided they
are not prohibited under
local water supply
ordinance:
◊ Total footprint less
X
than or equal to 150 square
feet per lot.
◊ Total footprint
X
greater than 150 square feet
per lot.
• Wooden slatted decks and
associated steps, provided
the use meets the
requirements of Sections
7-1.9(A)6)d and
7-1.9(A)6)e of this
Ordinance:
◊ Deck at least eight
X
feet in height and no
vegetation removed from
Zone One.
◊ Deck less than eight
X
feet in height or vegetation
removed from Zone One.
Removal of previous fill or
X
debris provided that diffuse
flow is maintained and
vegetation is restored
Road impacts other than
X
crossings of streams and
other surface waters
subject to this Ordinance
Road crossings of streams
and other surface waters
subject to this Ordinance:

• Road crossings that
X
impact equal to or less than
40 linear feet of riparian
buffer
• Road crossings that
X
impact greater than 40
linear feet but equal to or
less than 150 linear feet or
one-third of an acre of
riparian buffer
• Road crossings that
X
impact greater than 150
linear feet or one-third of
an acre of riparian buffer
Road relocation:
Relocation of existing
private access roads
associated with public road
projects where necessary
for public safety:
• Less than or equal to
X
2,500 square feet of buffer
impact
• Greater than 2,500 square
X
feet of buffer impact
Stormwater BMPs:
• Wet detention,
X
bioretention, and
constructed wetlands in
Zone Two if diffuse flow
of discharge is provided
into Zone One
• Wet detention,
X
bioretention, and
constructed wetlands in
Zone One
Scientific studies and
X
stream gauging
Streambank or shoreline
X
stabilization
Temporary roads, provided
that the disturbed area is
restored to pre -construction
topographic and hydrologic
conditions immediately
after construction is
complete and replanted
immediately with
comparable vegetation,
except that tree planting
may occur during the
dormant season. A
one-time application of
fertilizer may be used to
establish vegetation: At the
end of five years the
restored buffer shall
comply with the restoration
criteria in Section
7-1.9(A)7)c.vii of this
Ordinance:

• Less than or equal to
X
2,500 square feet of buffer
disturbance
• Greater than 2,500 square
X
feet of buffer disturbance
• Associated with culvert
X
installation or bridge
construction or
replacement
Temporary sediment and
erosion control devices,
provided that the disturbed
area is restored to
pre -construction
topographic and hydrologic
conditions immediately
after construction is
complete and replanted
immediately with
comparable vegetation,
except that tree planting
may occur during the
dormant season. A
one-time application of
fertilizer may be used to
establish vegetation. At the
end of five years the
restored buffer shall
comply with the restoration
criteria in Section
7-1.9(A)7)c.vii of this
Ordinance:
• In Zone Two provided
X
ground cover is established
within timeframes required
by the Sedimentation and
Erosion Control Act,
vegetation in Zone One is
not compromised, and
runoff is released as diffuse
flow in accordance with
Section 7-1.9(A)6)e of this
Ordinance.
• In Zones One and Two to
X
control impacts associated
with uses approved by
Guilford County or that
have received a variance,
provided that sediment and
erosion control for upland
areas is addressed, to the
maximum extent practical,
outside the buffer.
• In -stream temporary
X
erosion and sediment
control measures for work
within a stream channel
that is authorized under
Sections 401 and 404 of
the Federal Water Pollution
Control Act.

• In -stream temporary
X
erosion and sediment
control measures for work
within a stream channel.
Utility, electric, aerial,
perpendicular crossings of
stream and other surface
waters subject to this
Ordinance z, 3, s.
• Disturb equal to or less
X
than 150 linear feet of
riparian buffer
• Disturb greater than 150
X
linear feet of riparian
buffer
Utility, electric, aerial,
other than perpendicular
crossings':
• Impacts in Zone Two
X
• Impacts in Zone One 2, 3
X
Utility, electric,
underground, perpendicular
croSSinS3, 4, 1:
• Disturb less than or equal
X
to 40 linear feet of riparian
buffer
• Disturb greater than 40
X
linear feet of riparian
buffer
Utility, electric,
underground, other than
perpendicular crossin s4:
• Impacts in Zone Two
X
• Impacts in Zone Onel
X
Utility, non -electric,
perpendicular crossings of
streams and other surface
waters subject to this
Ordinance 3, s.
• Disturb equal to or less
X
than 40 linear feet of
riparian buffer with a
maintenance corridor equal
to or less than 10 feet in
width
• Disturb equal to or less
X
than 40 linear feet of
riparian buffer with a
maintenance corridor
greater than 10 feet in
width
• Disturb greater than 40
X
linear feet but equal to or
less than 150 linear feet of
riparian buffer with a
maintenance corridor equal
to or less than 10 feet in
width

• Disturb greater than 40
X
linear feet but equal to or
less than 150 linear feet of
riparian buffer with a
maintenance corridor
greater than 10 feet in
width
• Disturb greater than 150
X
linear feet of riparian
buffer
Utility, non -electric, other
than perpendicular
crossm s4, 5.
• Impacts in Zone Two
X
• Impacts in Zone One
X
Vegetation management:
• Emergency fire control
X
measures provided that
topography is restored
• Mowing or harvesting of
X
plant products in Zone Two
• Planting vegetation to
X
enhance the riparian buffer
• Pruning forest vegetation
X
provided that the health
and function of the forest
vegetation is not
compromised
• Removal of individual
X
trees that are in danger of
causing damage to
dwellings, other structures
or human life, or are
imminently endangering
stability of the streambank.
• Removal of individual
X
trees which are dead,
diseased or damaged.
• Removal of poison ivy
X
• Removal of invasive
X
exotic vegetation as
defined in: Smith, Cherri L.
1998. Exotic Plant
Guidelines. Dept. of
Environment and Natural
Resources. Division of
Parks and Recreation.
Raleigh, NC. Guideline
#30
• Vehicular access roads
X
leading to water -dependent
structures as defined in
15A NCAC 02B .0202,
provided they do not cross
the surface water and have
minimum practicable width
not exceeding ten feet.

• Water dependent
X
structures as defined in
15A NCAC 02B .0202
where installation and use
result in disturbance to
riparian buffers.
Water supply reservoirs:
• New reservoirs where a
X
riparian buffer that meets
the requirements of
Sections 7-1.9(A)6)d and
7-1.9(A)6)e of this
Ordinance is established
adjacent to the reservoir
• New reservoirs where a
X
riparian buffer that meets
the requirements of
Sections 7-1.9(A)6)d and
7-1.9(A)6)e of this
Ordinance is not
established adjacent to the
reservoir
Water wells
• Single-family residential
X
water wells
• All other water wells
X
Wetland, stream and buffer
restoration that results in
impacts to the riparian
buffers:
• Wetland, stream and
X
buffer restoration that
requires NC Division of
Water Quality approval for
the use of a 401 Water
Quality Certification
• Wetland, stream and
X
buffer restoration that does
not require Division of
Water Quality approval for
the use of a 401 Water
Quality Certification
Wildlife passage structures
X
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 7-1.9(A)6)c of this Ordinance.
'Provided that:
• No heavy equipment is used in Zone One.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.

• No permanent felling of trees occurs in protected buffers or streams.
• Stumps are removed only by grinding.
• At the completion of the project the disturbed area is stabilized with native vegetation.
• Zones One and Two meet the requirements of Sections 7-1.9(A)6)d and 7-1.9(a)6)e.
2Provided that, in Zone One, all of the following BMPs for overhead utility lines are used. If all of these BMPs
are not used, then the overhead utility lines shall require a no practical alternative evaluation by the County, as
defined in Section 7-1.9(A)7)a.
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only
vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where
trees are cut.
• Riprap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and
the time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse now of
stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
3Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water body unless Guilford
County completes a no practical alternative evaluation as defined in Section 7-1.9(A)7)a.
4Provided that, in Zone One, all of the following BMPs for underground utility lines are used. If all of these
BMPs are not used, then the underground utility line shall require a no practical alternative evaluation by
Guilford County, as defined in Section 7-1.9(A)7)a.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in
the trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.

• The trench shall be backfilled with the excavated soil material immediately following cable installation.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and
the time in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine maintenance to ensure diffuse
flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
5Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105
degrees.
C. Requirements for Categories of Uses. Uses designated in Section 7-1.9(A)6)b of this
Ordinance as exempt, allowable, and allowable with mitigation within a riparian buffer
shall have the following requirements:
Exempt. Uses designated as exempt are permissible without authorization by
Guilford County provided that they adhere to the limitations of the activity as
defined in Section 7-1.9(A)6)b of this Ordinance, the Table of Uses. In addition,
exempt uses shall be designed, constructed and maintained to minimize soil
disturbance and to provide the maximum water quality protection practicable,
including construction, monitoring, and maintenance activities.
ii. Allowable. Uses designated as allowable may proceed provided that there are no
practical alternatives to the requested use pursuant to Section 7-1.9(A)7)a of this
Ordinance. This includes construction, monitoring, and maintenance activities.
These uses require written authorization from the County.
iii. Allowable with Mitigation. Uses designated as allowable with mitigation may
proceed provided that there are no practical alternatives to the requested use
pursuant to Section 7-1.9(A)7)a of this Ordinance and an appropriate mitigation
strategy has been approved pursuant to Section 7-1.9(A)7)a. These uses require
written authorization from the County.
7) Permits Procedures, Requirements, and Approvals.
a. Determination of No Practical Alternatives /Request for Authorization Certificate.
Persons who wish to undertake uses designated as allowable or allowable with
mitigation shall submit a request for a "no practical alternatives" determination to
the County. The applicant shall certify that the project meets all the following
criteria for finding "no practical alternatives":

(1) The basic project purpose cannot be practically accomplished in a manner
that would better minimize disturbance, preserve aquatic life and habitat,
and protect water quality;
(2) The use cannot practically be reduced in size or density, reconfigured or
redesigned to better minimize disturbance, preserve aquatic life and
habitat, and protect water quality; and
(3) Best management practices shall be used if necessary to minimize
disturbance, preserve aquatic life and habitat, and protect water quality.
ii. The applicant shall also submit at least the following information in support of
their assertion of "no practical alternatives":
(1) The name, address and phone number of the applicant;
(2) The nature of the activity to be conducted by the applicant;
(3) The location of the activity, including the jurisdiction;
(4) A map of sufficient detail to accurately delineate the boundaries of the
land to be utilized in carrying out the activity, the location and dimensions
of any disturbance in riparian buffers associated with the activity, and the
extent of riparian buffers on the land;
(5) An explanation of why this plan for the activity cannot be practically
accomplished, reduced or reconfigured to better minimize disturbance to
the riparian buffer, preserve aquatic life and habitat and protect water
quality; and
(6) Plans for any best management practices proposed to be used to control
the impacts associated with the activity.
Within 60 days of a submission that addresses Section 7-1.9(A)7)a.ii., the County
shall review the entire project and make a finding of fact as to whether the criteria
in Section 7-1.9(A)7)a.i. of this Ordinance have been met. A finding of "no
practical alternatives" shall result in issuance of an Authorization Certificate.
Failure to act within 60 days shall be construed as a finding of "no practical
alternatives" and an Authorization Certificate shall be issued to the applicant
unless one of the following occurs:
(1) The applicant agrees, in writing, to a longer period;
(2) The County determines that the applicant has failed to furnish requested
information necessary to the County decision;

(3) The final decision is to be made pursuant to a public hearing; or
(4) The applicant refuses access to its records or premises for the purpose of
gathering information necessary to the County's decision.
iv. The County may attach conditions to the Authorization Certificate that support
the purpose, spirit and intent of this Ordinance.
V. Any appeals of determinations regarding Authorization Certificates shall be
referred to the Director of the Division of Water Quality, c/o the 401 Oversight
Express Permitting Unit, or its successor. The Director's decision is subject to
review as provided in G.S. 150B Articles 3 and 4.
b. Variances.
Requirements for Variances. Persons who wish to undertake prohibited uses may
pursue a variance. The County may grant minor variances. For major variances,
the County shall prepare preliminary findings and submit them to the Division of
Water Quality, 401 Oversight Express Permitting Unit, or its successor for
approval by the Environmental Management Commission. The variance request
procedure shall be as follows:
(1) For any variance request, the County shall make a finding of fact as to
whether there are practical difficulties or unnecessary hardships that
prevent compliance with the riparian buffer protection requirements. A
finding of practical difficulties or unnecessary hardships shall require that
the following conditions are met:
(I) If the applicant complies with the provisions of this Ordinance,
he/she can secure no reasonable return from, nor make reasonable
use of, his/her property. Merely proving that the variance would
permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the County shall
consider whether the variance is the minimum possible deviation
from the terms of this Ordinance that shall make reasonable use of
the property possible;
(II) The hardship results from application of this Ordinance to the
property rather than from other factors such as deed restrictions or
other hardship;
(III) The hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, such that
compliance with provisions of this Ordinance would not allow
reasonable use of the property;

(IV) The applicant did not cause the hardship by knowingly or
unknowingly violating this Ordinance;
(V) The applicant did not purchase the property after the effective date
of this Ordinance, and then request a variance; and
(VI) The hardship is rare or unique to the applicant's property.
(2) The variance is in harmony with the general purpose and intent of the
State's riparian buffer protection requirements and this Ordinance and
preserves its spirit; and
(3) In granting the variance, the public safety and welfare have been assured,
water quality has been protected, and substantial justice has been done.
ii. Minor Variances. A minor variance request pertains to activities that will impact
only Zone Two of the riparian buffer. Minor variance requests shall be reviewed
and approved based on the criteria in Section 7-1.9(A)7)a.i. through Section
7-1.9(A)7)a.iii. by the County pursuant to G.S. 153A-Article 18, or G.S.
160A-Article 19. The County may attach conditions to the variance approval that
support the purpose, spirit and intent of the riparian buffer protection program.
Request for appeals to decisions made by the County shall be made in writing to
the Director of the Division of Water Quality c/o the 401 Oversight Express
Permitting Unit, or its successor. The Director's decision is subject to review as
provided in G.S. 150B Articles 3 and 4.
iii. Major Variances. A major variance request pertains to activities that will impact
any portion of Zone One or any portion of both Zones One and Two of the
riparian buffer. If Guilford County has determined that a major variance request
meets the requirements in Section 7-1.9(A)7)b.i. then it shall prepare a
preliminary finding and submit it to the NC Environmental Management
Commission c/o the Division of Water Quality, 401 Oversight Express Permitting
Unit, or its successor, for approval. Within 90 days after receipt by Guilford
County, the Commission shall review preliminary findings on major variance
requests and take one of the following actions: approve, approve with conditions
and stipulations, or deny the request. Appeals from a Commission decision on a
major variance request are made on judicial review to Superior Court.
C. Mitigation.
This item shall apply to persons who wish to impact a riparian buffer in the
Jordan Watershed when one of the following applies:
(1) A person has received an Authorization Certificate pursuant to Section
7-1.9(A)7)a of this Ordinance for a proposed use that is designated as
"allowable with mitigation;" or

(2) A person has received a variance pursuant to Section 7-1.9(A)7)b of this
Ordinance and is required to perform mitigation as a condition of a
variance approval.
ii. Issuance of the Mitigation Approval. Guilford County shall issue a mitigation
approval upon determining that a proposal meets the requirements set out in this
Ordinance. The approval shall identify at a minimum the option chosen, the
required and proposed areas, and either the mitigation location or the offset
payment amount as applicable.
iii. Options for Meeting the Mitigation Requirement. The mitigation requirement may
be met through one of the following options:
(1) Payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to 15A NCAC 02B .0269 (Jordan Water
Supply Nutrient Strategy: Riparian Buffer Mitigation Fees to the NC
Ecosystem Enhancement Program) contingent upon acceptance of
payments by the NC Ecosystem Enhancement Program, or to a private
mitigation bank that complies with banking requirements of the US Army
Corps of Engineers, currently set out at
http://www.saw.usace.anny.mil/WETLANDS/Mitigation/mitbanks.html
or from the US Army Corps of Engineers, P.O. Box 1890, Wilmington,
NC, 28402-1890, and the applicable trading criteria in Rule 15A NCAC
02B .0273;
(2) Donation of real property or of an interest in real property pursuant to
Section 7-1.9(A)7)c.vi. of this Ordinance; or
(3) Restoration or enhancement of a non -forested riparian buffer pursuant to
the requirements of Section 7-1.9(A)7)c.vii of this Ordinance.
iv. The Area of Mitigation. Guilford County shall determine the required area of
mitigation, which shall apply to all mitigation options identified in Section
7-1.9(A)7)c.iii. of this Ordinance and as further specified in the requirements for
each option set out in this Section, according to the following:
(1) The impacts in square feet to each zone of the riparian buffer shall be
determined by Guilford County by adding the following:
(I) The area of the footprint of the use causing the impact to the
riparian buffer;
(II) The area of the boundary of any clearing and grading activities
within the riparian buffer necessary to accommodate the use; and

(III) The area of any ongoing maintenance corridors within the riparian
buffer associated with the use.
(2) The required area of mitigation shall be determined by applying the
following multipliers to the impacts determined in Section
7-1.9(A)7)c.iv.(1) of this Ordinance to each zone of the riparian buffer:
(I) Impacts to Zone One of the riparian buffer shall be multiplied by
three;
(II) Impacts to Zone Two of the riparian buffer shall be multiplied by
one and one-half, and
(III) Impacts to wetlands within Zones One and Two of the riparian
buffer that are subject to mitigation under 15A NCAC 2H .0506
shall comply with the mitigation ratios in 15A NCAC 2H .0506.
V. The Location of Mitigation. For any option chosen, the mitigation effort shall be
located within the same subwatershed of the Jordan Watershed, as defined in 15A
NCAC 02B.0262, and the same distance from the Jordan Reservoir as the
proposed impact, or closer to the Reservoir than the impact, and as close to the
location of the impact as feasible. Alternatively, the applicant may propose
mitigation anywhere within the same subwatershed of the Jordan Watershed, as
defined in 15A NCAC 02B.0262, provided that the mitigation proposal accounts
for differences in delivery of nutrients to the affected arm of Jordan Reservoir
resulting from differences between the locations of the buffer impact and
mitigation. Additional location requirements for the property donation option are
enumerated in Section 7-1.9.(A)(7)c.vi.(3)(I) of this Ordinance.
vi. Donation of Property. Persons who choose to satisfy their mitigation
determination by donating real property or an interest in real property shall meet
the following requirements:
(1) The donation of real property interests may be used to either partially or
fully satisfy the payment of a compensatory mitigation fee to the Riparian
Buffer Restoration Fund pursuant to 15A NCAC 02B .0269. The value of
the property interest shall be determined by an appraisal performed in
accordance with Section 7-1.9(A)7)c.vi.(4)(IV) of this Ordinance. The
donation shall satisfy the mitigation determination if the appraised value
of the donated property interest is equal to or greater than the required fee.
If the appraised value of the donated property interest is less than the
required fee calculated pursuant to 15A NCAC 02B .0269, the applicant
shall pay the remaining balance due.
(2) The donation of conservation easements to satisfy compensatory
mitigation requirements shall be accepted only if the conservation

easement is granted in perpetuity.
(3) Donation of real property interests to satisfy the mitigation determination
shall be accepted only if such property meets all of the following
requirements:
(I) In addition to the location requirements of Section 7-1.9(A)7)c.v.
of this Ordinance, the property shall be located within an area that
is identified as a priority for restoration in, or is otherwise
consistent with the goals of, the Basinwide Wetlands and Riparian
Restoration Plan for the Cape Fear River Basin developed by NC
Division of Water Quality pursuant to G.S. 143-214.10;
(II) The property shall contain riparian buffers not currently protected
by the State's riparian buffer protection program that are in need of
restoration as defined in Section 7-1.9(A)7)c.vii.(4) of this
Ordinance;
(III) The restorable riparian buffer on the property shall have a
minimum length of 1000 linear feet along a surface water and a
minimum width of 50 feet as measured horizontally on a line
perpendicular to the surface water;
(IV) The size of the restorable riparian buffer on the property to be
donated shall equal or exceed the area of mitigation responsibility
determined pursuant to Section 7-1.9(A)7)c.iv of this Ordinance;
(V) Restoration shall not require removal of man-made structures or
infrastructure;
(VI) The property shall be suitable to be successfully restored, based on
existing hydrology, soils, and vegetation;
(VII) The estimated cost of restoring and maintaining the property shall
not exceed the value of the property minus site identification and
transaction costs;
(VIII) The property shall not contain any building, structure, object, site,
or district that is listed in the National Register of Historic Places
established pursuant to Public Law 89-665, 16 U.S.C. 470 as
amended;
(IX) The property shall not contain any hazardous substance or solid
waste;
(X) The property shall not contain structures or materials that present

health or safety problems to the general public. If wells, septic,
water or sewer connections exist, they shall be filled, remediated or
closed at owner's expense in accordance with state and local health
and safety regulations;
(XI) The property and adjacent properties shall not have prior, current,
and known future land use that would inhibit the function of the
restoration effort; and
(XII) The property shall not have any encumbrances or conditions on the
transfer of the property interests.
(4) At the expense of the applicant or donor, the following information shall
be submitted to the County with any proposal for donations or dedications
of interest in real property:
(I) Documentation that the property meets the requirements laid out in
Section 7-1.9(A)7)c.vi.(3) of this Ordinance;
(II) US Geological Survey 1:24,000 (7.5 minute) scale topographic
map, County tax map, USDA Natural Resource Conservation
Service County Soil Survey Map, and county road map showing
the location of the property to be donated along with information
on existing site conditions, vegetation types, presence of existing
structures and easements;
(III) A current property survey performed in accordance with the
procedures of the North Carolina Department of Administration,
State Property Office as identified by the State Board of
Registration for Professional Engineers and Land Surveyors in
"Standards of Practice for Land Surveying in North Carolina."
Copies may be obtained from the North Carolina State Board of
Registration for Professional Engineers and Land Surveyors, 3620
Six Forks Road, Suite 300, Raleigh, North Carolina 27609;
(IV) A current appraisal of the value of the property performed in
accordance with the procedures of the North Carolina Department
of Administration, State Property Office as identified by the
Appraisal Board in the "Uniform Standards of Professional North
Carolina Appraisal Practice." Copies may be obtained from the
Appraisal Foundation, Publications Department, P.O. Box 96734,
Washington, D.C. 20090-6734; and
(V) A title certificate.
vii. Riparian Buffer Restoration or Enhancement. Persons who choose to meet their

mitigation requirement through riparian buffer restoration or enhancement shall
meet the following requirements:
(1) The applicant may restore or enhance a non -forested riparian buffer if
either of the following applies:
(I) The area of riparian buffer restoration is equal to the required area
of mitigation determined pursuant to Section 7-1.9(A)7)c.iv. of this
Ordinance; or
(II) The area of riparian buffer enhancement is three times larger than
the required area of mitigation determined pursuant to Section
7-1.9(A)7)c.iv. of this Ordinance;
(2) The location of the riparian buffer restoration or enhancement shall
comply with the requirements in Section 7-1.9(A)7)c.v. of this Ordinance;
(3) The riparian buffer restoration or enhancement site shall have a minimum
width of 50 feet as measured horizontally on a line perpendicular to the
surface water;
(4) Enhancement and restoration shall both have the objective of establishing
a forested riparian buffer according to the requirements of this Item.
Enhancement shall be distinguished from restoration based on existing
buffer conditions. Where existing trees are sparse, that is greater than or
equal to 100 trees per acre but less than 200 trees per acre, a buffer may be
enhanced. Where existing woody vegetation is absent, that is less than 100
trees per acre, a buffer may be restored;
(5) The applicant shall first receive an Authorization Certificate for the
proposed use according to the requirements of Section 7-1.9(A)7)a of this
Ordinance. After receiving this determination, the applicant shall submit a
restoration or enhancement plan for approval by the Guilford County. The
restoration or enhancement plan shall contain the following:
(I) A map of the proposed restoration or enhancement site;
(Il) A vegetation plan. The vegetation plan shall include a minimum of
at least two native hardwood tree species planted at a density
sufficient to provide 320 trees per acre at maturity;
(III) A grading plan. The site shall be graded in a manner to ensure
diffuse flow through the riparian buffer;
(IV) A fertilization plan; and

(V) A schedule for implementation;
(6) Within one year after the County has approved the restoration or
enhancement plan, the applicant shall present proof to Guilford County
that the riparian buffer has been restored or enhanced. If proof is not
presented within this timeframe, then the person shall be in violation of
both the State's and the County's riparian buffer protection program;
(7) The mitigation area shall be placed under a perpetual conservation
easement that will provide for protection of the property's nutrient removal
functions, and
(8) The applicant shall submit annual reports for a period of five years after
the restoration or enhancement showing that the trees planted have
survived and that diffuse flow through the riparian buffer has been
maintained. The applicant shall replace trees that do not survive and
restore diffuse flow if needed during that five-year period.
8) Site Inspections and Enforcement.
a. Site Inspections.
Agents, officials, or other qualified persons authorized by the County may
periodically inspect riparian buffers to ensure compliance with this Ordinance.
ii. Notice of the right to inspect shall be included in the letter of approval of each
variance and buffer authorization.
iii. Authorized agents, officials or other qualified persons shall have the authority,
upon presentation of proper credentials, to enter and inspect at reasonable times
any property, public or private, for the purpose of investigating and inspecting the
site of any riparian buffer. No person shall willfully resist, delay, or obstruct an
authorized representative, employee, or agent of Guilford County, while that
person is inspecting or attempting to inspect a riparian buffer nor shall any person
obstruct, hamper or interfere with any such representative while in the process of
carrying out their official duties. The County shall have the power to conduct such
investigations as deemed reasonably necessary to carry out the duties as
prescribed in this Ordinance.
iv. Any person engaged in new activities as defined by this Ordinance who fails to
meet the requirements of this Ordinance shall be deemed in violation of this
Ordinance and subject to enforcement actions under Article 8.
9) Definitions. For the purpose of the Jordan Watershed, these terms shall be defined as follows:
a. "Access Trails" means pedestrian trails constructed of pervious or impervious surfaces

and related structures to access a surface water, including boardwalks, steps, rails, and
signage.
b. "Airport Facilities" means all properties, facilities, buildings, structures, and activities
that satisfy or otherwise fall within the scope of one or more of the definitions or uses of
the words or phrases "air navigation facility", "airport", or "airport protection privileges"
under G.S. 63-1; the definition of "aeronautical facilities" in G.S. 63-79(1); the phrase
"airport facilities" as used in G.S. 159-48(b)(1); the phrase "aeronautical facilities" as
defined in G.S. 159-81 and G.S. 159-97; and the phrase "airport facilities and
improvements" as used in Article V, Section 13, of the North Carolina Constitution,
which shall include, without limitation, any and all of the following: airports, airport
maintenance facilities, clear zones, drainage ditches, fields, hangars, landing lighting,
airport and airport -related offices, parking facilities, related navigational and signal
systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant
areas used or suitable for airport buildings or other airport facilities, and all appurtenant
rights -of -way; restricted landing areas; any structures, mechanisms, lights, beacons,
marks, communicating systems, or other instrumentalities or devices used or useful as an
aid, or constituting an advantage or convenience to the safe taking off, navigation, and
landing of aircraft, or the safe and efficient operation or maintenance of an airport or
restricted landing area; easements through, or interests in, air space over land or water,
interests in airport hazards outside the boundaries of airports or restricted landing areas,
and other protection privileges, the acquisition or control of which is necessary to ensure
safe approaches to the landing areas of airports and restricted landing areas, and the safe
and efficient operation thereof and any combination of any or all of such facilities.
Notwithstanding the foregoing, the following shall not be included in the definition of
"airport facilities":
Satellite parking facilities;
ii. Retail and commercial development outside of the terminal area, such as rental
car facilities; and
iii. Other secondary development, such as hotels, industrial facilities, free-standing
offices and other similar buildings, so long as these facilities are not directly
associated with the operation of the airport, and are not operated by a unit of
government or special governmental entity such as an airport authority, in which
case they are included in the definition of 'airport facilities'.
"Channel" means a natural water -carrying trough cut vertically into low areas of the land
surface by erosive action of concentrated flowing water or a ditch or canal excavated for
the flow of water.
d. "DBH" means diameter at breast height of a tree measured at 4.5 feet above ground
surface level.
"Development" means the same as defined in Rule 15A NCAC 2B .0202(23).

f. "Ditch or canal" means a man-made channel other than a modified natural stream
constructed for drainage purposes that is typically dug through inter -stream divide areas.
A ditch or canal may have flows that are perennial, intermittent, or ephemeral and may
exhibit hydrological and biological characteristics similar to perennial or intermittent
streams.
g. "Ephemeral stream" means a feature that carries only stormwater in direct response to
precipitation with water flowing only during and shortly after large precipitation events.
An ephemeral stream may or may not have a well-defined channel, the aquatic bed is
always above the water table, and stormwater runoff is the primary source of water. An
ephemeral stream typically lacks the biological, hydrological, and physical characteristics
commonly associated with the continuous or intermittent conveyance of water.
h. "Existing development" means development, other than that associated with agricultural
or forest management activities, that meets one of the following criteria:
It either is built or has established a vested right based on statutory or common
law as interpreted by the courts, for projects that do not require a state permit, as
of the effective date of either local new development stormwater programs
implemented under Rule 15A NCAC 2B .0265 (Jordan Water Supply Nutrient
Strategy: Stormwater Management for New Development) or, for projects
requiring a state permit, as of the applicable compliance date established in Rule
15A NCAC 2B .0271 (Jordan Water Supply Nutrient Strategy: Stormwater
Management for New Development), Items (5) and (6); or
ii. It occurs after the compliance date set out in Sub -Item (4)(d) of Rule .0265
(Jordan Water Supply Nutrient Strategy: Stormwater Management for New
Development) but does not result in a net increase in built -upon area.
"Greenway/Hiking Trails" means pedestrian trails constructed of pervious or impervious
surfaces and related structures including but not limited to boardwalks, steps, rails, and
signage, and that generally run parallel to the shoreline.
"High Value Tree" means a tree that meets or exceeds the following standards: for pine
species, 14-inch DBH or greater or 18-inch or greater stump diameter; or for hardwoods
and wetland species, 16-inch DBH or greater or 24-inch or greater stump diameter.
k. "Intermittent stream" means a well-defined channel that contains water for only part of
the year, typically during winter and spring when the aquatic bed is below the water
table. The flow may be heavily supplemented by stormwater runoff. An intermittent
stream often lacks the biological and hydrological characteristics commonly associated
with the continuous conveyance of water.
"Jordan nutrient strategy" or 'Jordan water supply nutrient strategy' means the set of
Rules 15A NCAC 2B .0262 through .0273 and .0311(p).

in. "Jordan Reservoir" means the surface water impoundment operated by the US Army
Corps of Engineers and named B. Everett Jordan Reservoir, as further delineated for
purposes of the Jordan nutrient strategy in Rule 15A NCAC 2B .0262(4).
n. "Jordan Watershed" means all lands and waters draining to B. Everett Jordan Reservoir.
o. "New Development" means any development project that does not meet the definition of
existing development set out in this Ordinance.
p. "Perennial stream" means a well-defined channel that contains water year round during a
year of normal rainfall with the aquatic bed located below the water table for most of the
year. Groundwater is the primary source of water for a perennial stream, but it also
carries stormwater runoff. A perennial stream exhibits the typical biological,
hydrological, and physical characteristics commonly associated with the continuous
conveyance of water.
q. "Perennial waterbody" means a natural or man-made basin, including lakes, ponds, and
reservoirs, that stores surface water permanently at depths sufficient to preclude growth
of rooted plants. For the purpose of the State's riparian buffer protection program, the
waterbody must be part of a natural drainage way (i.e., connected by surface flow to a
stream).
"Shoreline stabilization" is the in -place stabilization of an eroding shoreline. Stabilization
techniques which include "soft" methods or natural materials (such as root wads, or rock
vanes) may be considered as part of a restoration design. However, stabilization
techniques that consist primarily of "hard" engineering, such as concrete lined channels,
riprap, or gabions, while providing bank stabilization, shall not be considered stream
restoration.
"Stream restoration" is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and flood -prone areas to its
natural or referenced, stable conditions considering recent and future watershed
conditions. This process also includes restoring the geomorphic dimension, pattern, and
profile as well as biological and chemical integrity, including transport of water and
sediment produced by the stream's watershed in order to achieve dynamic equilibrium.
'Referenced' or'referenced reach' means a stable stream that is in dynamic equilibrium
with its valley and contributing watershed. A reference reach can be used to develop
natural channel design criteria for stream restoration projects.
t. "Stream" means a body of concentrated flowing water in a natural low area or natural
channel on the land surface.
U. "Stump diameter" means the diameter of a tree measured at six inches above the ground
surface level.

V. "Surface waters" means all waters of the state as defined in G.S. 143-212 except
underground waters
W. "Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump
diameter exceeding six inches.
X. "Temporary road" means a road constructed temporarily for equipment access to build or
replace hydraulic conveyance structures such as bridges, culverts, pipes or water
dependent structures, or to maintain public traffic during construction.
(B) Riparian Buffer Protection for Lands within the Polecat Creek, Sandy Creek, and Randleman
Lake Watersheds. A stream buffer with a minimum width as specified in Table 7-1-3 measured landward from
the normal pool elevation of impoundments and from the top of bank of each side of streams or rivers, shall be
maintained along all perennial and intermittent streams. This requirement is not applicable to enclosed
subsurface drainage segments of intermittent streams, or to perennial streams outside of water supply
watersheds, in which the North Carolina Division of Water Quality has issued a 401 Water Quality Certification
to allow the stream segment to be altered by routing it through an enclosure such as a culvert. [See Section 7-2.3
(Watershed Critical Area Requirements) for additional requirements concerning stream buffers in the WCA]
No new development is allowed in the buffer except for water dependent structures, other structures such as flag
poles, signs and security lights which result in only diminutive increases in impervious area and public projects
such as road crossings and greenways where no practical alternative exists. These activities shall minimize
built -upon surface area, direct run-off away from the surface waters and maximize the utilization of stormwater
Best Management Practices.
Table 7-1-3
Stream Buffer Width Requirements
LOW DENSITY DEVELOPMENT
HIGH DENSITY DEVELOPMENT
WATERSHED
Perennial Streams, Lakes
Intermittent Streams
Perennial Streams, Lakes
Intermittent Streams
and Ponds
and Ponds
Water Supply Districts
30 ft.
30 ft.
100 ft.
30 ft.
WS-III Polecat Creeka
Sandy Creek'
Randleman Lake
50 ft.
50 ft.
100 ft.
50 ft.
Jamestown (Deep River)b
High Point (East & West
Fork, Deep River)b Lower
Randleman Lake (Deep
River)b
a The stream buffer for the NPDES (non water supply district) and water supply districts other than Jamestown,
High Point, and Lower Randleman Lake shall have the first twenty (20) feet from the top of bank, landward,
designated as a Water Quality Conservation Easement (WQCE) and the remainder of the stream buffer shall be
a vegetated area. Refer to Article 2, for Water Quality Conservation Easement requirements.
b Under the Low Density Option the stream buffer shall be comprised of Zone 1, which shall be an undisturbed
area of vegetation extending a distance of thirty (30) feet landward from the water line or top of stream bank
along both sides of the stream, and Zone 2, which begins at the outer edge of Zone 1 and extends a minimum of

twenty (20) feet and shall be a vegetated area. Under the High Density Option, the first fifty (50) feet of stream
buffers shall conform to the requirements of Zones 1 and 2, the remainder shall be vegetated. Refer to the
"Water Quality Protection Manual" as amended, for additional stream buffer requirements. Diffuse flow of
runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation.
Concentrated runoff from new ditches or man made conveyances shall be converted to diffuse flow before the
runoff enters Zone 2 of the riparian buffer. Periodic corrective action to restore diffuse flow shall be taken if
necessary by the property owner to impede the formation of erosion gullies.
NOTE: All stream buffers shall be identified on a recorded plat as "Drainage and Stream Buffer Easement" or
contained within a Drainageway and Open Space Easement.
(Amd. of 4-21-05; Case No. la-08, 3-6-08; Case No. 5-08, 11-19-08; Case No. 1-10, 11-4-10)
7-1.10. Stream Channelization.
Perennial Streams in water supply district shall not be channelized without prior approval by the
Environmental Review Board.
(Amd. of 4-21-05)
7-1.11. Activities Regulated by Other Governmental Agencies.
(A) Designated Agencies: The following are the designated agencies responsible for implementing
the requirements of the Water Supply Watershed Protection Rules as adopted by the N.C. Environmental
Management Commission for the specified activity:
1) Agriculture -Guilford Soil and Water Conservation District;
2) Silviculture-N.C. Division of Forest Resources.
(B) Transportation: The North Carolina Department of Transportation shall comply with the
practices outlined in its document entitled "Best Management Practices for the Protection of Surface Waters,"
which is incorporated by reference.
(C) Hazardous Materials:
1) The Guilford County Fire Marshal and the Guilford County Emergency Management Assistance
Agency are the designated management agencies responsible for implementing the provisions of
this Subsection pertaining to hazardous materials.
2) An inventory of all hazardous materials used and stored in the watershed shall be maintained. A
spill/failure containment plan and appropriate safeguards against contamination are required.
Waste minimization and appropriate recycling of materials is encouraged.
3) Properties in the WCA or GWA shall comply with the requirements of the following hazardous
substances regulations if materials listed in the Superfund Amendments and Reauthorization Act
(SARA) Section 302 Extremely Hazardous Substances (42 USC 11000 et seq.), or Section 311
of the Clean Water Act, as amended (CWA) (33 USC 1251 et seq.; oil and hazardous substances)

are stored or used on the site.
(Amd. of 4-21-05)
7-1.12. Variances.
(A) General:
1) Requests for stormwater management/watershed protection variances shall be submitted in
writing on forms supplied by the governing jurisdiction and with a completed stormwater
management/watershed development plan showing all pertinent information relative to the site in
question. Information shown on the stormwater management/watershed development plan or
presented in writing shall be the primary evidence considered pertinent to the variance request.
2) For each request for a minor or major stormwater management/watershed variance, the
Enforcement Officer shall notify all other local governments having jurisdiction within the same
water supply watershed or using the affected water supply for consumption. A comment period
of at least fourteen (14) days shall be allowed before the Environmental Review Board hearing.
3) In granting variances the jurisdiction may require such conditions as will secure, insofar as
practicable, the objectives of the requirements being modified.
4) The applicant must demonstrate hardship that the regulations impose on the property, not just
apply for a waiver of the rules.
5) The applicant must submit a plan that demonstrates equal or better performance than the current
regulations or conditions.
6) Before the Environmental Review Board or Governing Body may grant a minor watershed
variance or recommend approval to the North Carolina Environmental Management Commission
(EMC) for a major variance , it shall make the following three findings, and shall include the
factual reasons on which they are based.
a) There are practical difficulties or unnecessary hardships in the way of carrying out the
strict letter of the watershed requirements, and all of the following conditions exist:
i) If the applicant complies with the provisions of this rule, the applicant can secure
no reasonable return from, nor make reasonable use of the subject property.
Merely proving that the variance would permit a greater profit from the property
shall not be considered adequate justification for a variance. Moreover, the EMC
or Environmental Review Board shall consider whether the variance is the
minimum possible deviation from the terms of the rule that shall make reasonable
use of property possible.
ii) The hardship results from the application of the rule to the property rather than
from other factors such as deed restrictions or other hardships.

iii) The hardship is due to the physical nature of the applicant's property, such as size,
shape, or topography, which is different from that of neighboring properties.
iv) The applicant did not cause the hardship by knowingly or unknowingly violating
the Rule.
v) The applicant did not purchase the property after the effective date of the Rule,
and then request an appeal to maximize the use of the property. The applicant is
entitled to a variance if a valid hardship is demonstrated.
vi) The hardship is unique to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the
hardship created in the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice.
b) The variance is in harmony with the general purpose and intent of the Ordinance and
preserves its spirit.
c) In the granting of the variance the public safety and welfare have been assured, water
quality has been protected, and substantial justice has been done.
(B) Minor Stormwater/Watershed Variances : The Environmental Review Board is designated to
approve minor stormwater management and watershed variances. The Technical Review Committee (TRC)
shall review the submitted request for consistency with the Map Standards in the Guilford County Development
Ordinance prior to forwarding to the Environmental Review Board for approval or denial. Any minor variance
approved by the Environmental Review Board may be appealed to the governing body within fifteen (15) days.
(C) Major Stormwater/Watershed Variances: The North Carolina Environmental Management
Commission (EMC) is designated to approve major stormwater management and watershed variances . The
review process shall be the same as in subsection (B) above, except that the Governing Body shall make
recommendations to the EMC. The variance application, hearing notices, and minutes from each committee and
board review shall be forwarded to the EMC, which shall approve or deny the variance.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. lb-08, 3-6-08; Case 5-08, 11-19-09)
7-1.13. Watershed Reporting.
(A) 10/70 Provision -Watershed Reporting: The Enforcement Officer shall keep records on the
County's use of the provisions that a maximum of ten (10) percent of the non -critical area of WS-III watersheds
may be developed with new development at a maximum of seventy (70) percent built -upon surface area.
Records for each watershed shall include the total area of non -critical watershed area, total acres eligible to be
developed under this option, total acres approved for this development option, and individual records for each
project with the following information: location, number of developed acres, type of land use and stormwater
management plan (if applicable).
(B) Stormwater Management/Watershed Variances: The Enforcement Officer shall keep a record of
all stormwater management/watershed variances. This record shall be submitted for each calendar year to the

Division of Water Quality Management on or before January 1 st of the following year and shall provide a
description of each project receiving a minor or major variance and the reasons for granting the variance.
(Amd. of 4-21-05; Case No. 5-08, 11-19-09)
7-2.
WATERSHED PROTECTION DISTRICTS AND PERFORMANCE STANDARDS
7-2.1. National Pollutant Discharge Elimination System (NPDES).
(A) District Boundaries: The NPDES district covers all the territory encompassed in Guilford
County, North Carolina except for those areas within incorporated municipalities and their extraterritorial
jurisdiction, and property owned by the Piedmont Triad International Airport.
(B) Maximum Development Density and Minimum Lot Size:
1) All developments located in the NPDES non -water supply district shall be limited to the
maximum density and minimum lot size based upon the development's current zoning.
2) All developments located in the NPDES water supply district shall follow the density and
development requirements of the GWA and WCA performance tables.
(C) Performance Standards: The Stormwater Management/Watershed Development Plan for any
development covered by this Section shall be prepared and submitted in accordance with the performance
standards found in Table 7-2-1. The owner, developer, or person submitting the Stormwater
Management/Watershed Development Plan shall indicate which performance standard they have chosen for
review and approval. Development that cumulatively disturbs less than one acre is exempt from the
requirements of this section.
Table 7-2-1
NPDES Performance Standards
DISTRICT
LOW DENSITY OPTION
HIGH DENSITY
OPTIONa
NPDES, non -water supply
2 DU/1 AC; 0--24% BUA
greater than 2 DU/1 AC;
areas
greater than 24% BUA
a Development under the High Density Option shall require Engineering Statement by a registered professional
engineer, with seal (Article 7-1.6(B)) certifying the control and treatment of the run-off from a one (1) inch rain
and the discharge of the storage volume shall be equal to or less than the predevelopment discharge rate for the
one-year, 24-hour storm.
NOTES:
1) DU = Dwelling Unit(s); AC=Acre; Percentage (%) refers to built -upon area of the zone lot,
parcel, or tract.

2) Single-family detached residential developments will be evaluated on the basis of dwelling units
per acre.
3) All other residential and all non-residential developments will be evaluated on the basis of
built -upon area percentage.
(D) Runoff Control: When runoff control is required for development using the high density option
[see definition in Section 2-1.2 (Drainage and Watershed Protection)] the runoff control shall be by use of a best
management practice meeting the performance standards of the following:
1) Control and treat the runoff from the first one inch of rain.
2) Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for
the one-year, 24-hour storm.
3) Remove an eighty-five (85%) percent average annual amount of Total Suspended Solids and
meeting the guidelines in the latest edition of the Guilford County Water Quality Protection
Manual.
4) Drawdown of treatment volume shall be no faster than forty-eight (48) hours but no slower than
one hundred twenty (120) hours.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09)
7-2.2. General Watershed Areas (GWA).
(A) GWA District Boundaries: The GWA district extends from the outer boundary of the WCA to
the outer boundary of the watershed of a designated water supply reservoir or intake.
(B) Maximum Development Density and Minimum Lot Size: All developments in the GWA, not
utilizing Public Sewer, shall be limited to the maximum density of 1 DU/1 Acre and minimum lot size based
upon the development's current zoning. The minimum required lot size shall not include the area in a Special
Purpose Lot used for Off -site Sewage Treatment Systems. Developments utilizing Public Sewer shall be limited
to the maximum density shown in Table 7-2-2 and minimum lot size based upon the Development's current
zoning.
(C) Performance Standards: The Watershed Development Plan for any development covered by this
Section shall be prepared and submitted in accordance with the performance standards found in Table 7-2-2.
The owner, developer, or person submitting the Watershed Development Plan shall indicate which performance
standard they have chosen for review and approval. Development in the Lake Mackintosh watershed that
cumulatively disturbs less than one acre is exempt from the requirements of this section.
Table 7-2-2
GWA Performance Standards
WATERSHED LOW DENSITY OPTION HIGH DENSITY
OPTIONa

WS--III Reidsville
2 DU/1 AC; 0--24% BUA
greater than 2 DU/1 AC;
(Troublesome Creek)
24.01 %-50% BUAb
Greensboro (Reedy Fork)
Polecat Creek Sandy Creek
WS--IV High Point (East
2 DU/1 AC; 0--24% BUA
greater than 2 DU/1 AC;
and West Fork Deep River)
24.01%-70% BUA
Lake Mackintosh (Big
Alamance Creek)
Jamestown (Deep River
Lower Randleman Lake
1 DU/1 AC; 0-42% BUA
greater than 1 DU/1 AC;
(Deep River
12.01%-50%BUA
a Development under the High Density Option shall require Engineering Statement by a registered professional
engineer, with seal (Article 7-1.6(B)) certifying the control and treatment of the run-off from a one (1) inch rain
and the discharge of the storage volume shall be equal to or less than the predevelopment discharge rate for the
one-year, 24-hour storm.
b Development cannot exceed fifty (50) percent built -upon unless it is non-residential development and has
received an additional allocation option in compliance with Section 7-2.2 (F)2).
NOTES:
DU = Dwelling Unit(s); AC=Acre; Percentage (%) refers to built -upon area of the zone lot,
parcel, or tract.
2. Single-family detached residential developments will be evaluated on the basis of dwelling units
per acre
3. All other residential and all non-residential developments will be evaluated on the basis of
built -upon area percentage
(D) Runoff' Control: When runoff control is required for development using the high density option
[see definition in Section 2-1.2 (Drainage and Watershed Protection)] the runoff control shall be by use of a best
management practice meeting the performance standards of the following:
1) Control and treat the runoff from the first one inch of rain.
2) Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for
the one-year, 24-hour storm.
3) Remove an eighty-five (85%) percent average annual amount of Total Suspended Solids and
meeting the guidelines in the latest edition of the Guilford County Water Quality Protection
Manual.
4) Drawdown of treatment volume shall be no faster than forty-eight (48) hours but no slower than
one hundred twenty (120) hours.
(E) GWA-Watershed Classification WS-IV.- Development in all WS-IV watersheds, except the Lower

Randleman Lake, shall not exceed seventy 70% percent maximum built -upon area. Development in the Lower
Randleman Lake Watershed shall not exceed fifty (50%) percent maximum built -upon area.
(F) G WA- Watershed Classification WS-III:
1) Built -Upon Area Limit: Development shall not exceed fifty (50) percent built -upon area.
2) Ten/Seventy (10/70) Option for Non -Residential:
a) Ten (10) percent of the local jurisdiction's portion of a WS-III GWA, as delineated on
July 1, 1993 may be developed with new non-residential development at up to seventy
(70) percent built -upon area.
b) Allocation shall be made on a first come -first served basis. When a building permit for
the site is issued or the subdivision plat for a development is recorded, an allocation shall
be assigned. Expiration of a building permit shall terminate the allocation under this
Section. Developments using this option shall provide an engineer's statement of runoff
control for control and treatment of the runoff from the first one inch of rain and the
discharge is at a rate equal to or less than the predevelopment discharge rate for the
one-year, 24-hour storm.
3) Prohibited Uses: No new discharging landfills.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09)
7-2.3. Watershed Critical Areas (WCA).
(A) General. The Watershed Critical Area is a district covering the portion of the watershed adjacent
to a designated existing or proposed water supply intake or reservoir where risk associated with pollution is
greater than from the remaining portions of the watershed.
(B) District Description.
(1) WCA Boundary: The Guilford County Stormwater Map shows the defined Watershed Critical
Area boundaries. The WCA boundary shall not be less than one-half ( 1/2) mile from the normal
pool elevation and draining to existing or proposed designated reservoirs.
(2) Divisions within the Watershed Critical Area: The WCA consists of four divisions as follows:
1) Tier 1
a) Tier 1 consists of those lands within two hundred (200) feet of the existing or
proposed normal pool elevation and those lands within one-half ( 1/2) mile (High
Point Lake, Oak Hollow Lake, Lake Brandt) or one mile (Lake Townsend)
upstream of water intake structure(s).
b) Tier 1 areas are intended for public purpose and should remain undisturbed.

2) Tier 2
a) Tier 2 consists of those lands lying within an area bounded by Tier 1 and a line
parallel to and seven hundred and fifty (750) feet in distance from the normal pool
elevation.
b) Tier 2 areas are intended primarily for public purpose with the following
exception. Tier 2 areas surrounding Randleman Lake and Lake Mackintosh are
not intended for public purpose unless and until more than twenty-five (25)
percent of the WCA for the reservoir becomes urban in character, by meeting any
of the tests defined in NCGS Section 160A-48(c).
3) Tier 3
a) Tier 3 consists of those lands lying within an area bounded by Tier 2 and a line
parallel to and three thousand (3,000) feet from the normal pool elevation.
b) Tier 3 areas shall not exceed the WCA Boundary.
4) Tier 4: Tier 4 consists of those lands lying in the area between the outer boundary of Tier
3 and the WCA Boundary.
(C) Runoff'Minimization: The density and built -upon area coverage limits defined in Table 7-3-1
shall apply within the WCA.
Table 7-3-1
WCA Density and Built -Upon Area Coverage Limits
(expressed as dwelling units/gross acre or % maximum)
LOW DENSITY OPTION
WATERSHED
Tier 1
Tier 2
Tier 3
Tier 4
Greensboro(Reedy Fork
N/A
1 DU/5 AC; 0-2.5%
1 DU/3 AC; 0-4.0%
1 DU/1 AC; 0-12.0%
High Point (East and West
Fork Deep River
N/A
1 DU/5 AC; 0-2.5%
1 DU/3 AC; 0-4.0%
1 DU/1 AC; 0-12.0%
Lake Mackintosh (Big
Alamance Creek
N/A
1 DU/5 AC; 0-2.5%
1 DU/3 AC; 0-4.0%
1 DU/1 AC; 0-12.0%
Jamestown (Deep River
N/A
1 DU/5 AC; 0-2.5%
1 DU/3 AC; 0-4.0%
1 DU/1 AC; 0-12.0%
Lower Randleman Lake
(DeepRiver
N/A
1 DU/5 AC; 0-2.5%
1 DU/3 AC; 0-4.0%
1 DU/ 1 AC; 0-12.0%
WATERSHED
HIGH DENSITY OPTION REQUIRES PUBLIC SEWER
Greensboro(Reedy Fork
N/A
1 DU /5 AC; 0-2.5%
2 DU/1 AC; 4.01- 30%
2 DU/1 AC; 12.01- 40%
High Point (East and West
Fork Deep River
N/A
1 DU/5 AC; 0-2.5%
2 DU/1 AC; 4.01-34%
2 DU/1 AC; 12.01-40%
Lake Mackintosh (Big
Alamance Creek
N/A
1 DU/5 AC; 0-2.5%
2 DU/1 AC; 4.01-34%
2 DU/1 AC; 12.01-40%
Jamestown (Deep River
N/A
1 DU/5 AC; 0-2.5%
2 DU/1 AC; 4.01-34%
2 DU/1 AC; 12.01-40%
Lower Randleman Lake
(DeepRiver
N/A
1 DU/5 AC; 0-2.5%
2 DU/1 AC; 4.01-30%
2 DU/1 AC; 12.01-40%

NOTES:
1) DU= Dwelling Unit(s); AC = Acre; Percentage (%) refers to built -upon area of the zone lot,
parcel, or tract.
2) There is no WCA area in Guilford County's jurisdiction for the following watersheds: Reidsville,
Polecat Creek, and Sandy Creek. Therefore they are not listed in the table above.
3) Single-family detached residential developments will be evaluated on the basis of dwelling units
per acre
4) All other residential and all non-residential developments will be evaluated on the basis of
built -upon area percentage
(D) Land Disturbance Minimization:
1) Erosion Control Plan: See Section 7-4.1 (General Requirements) to determine when an erosion
control plan is required.
2) Street Standards: Refer to Article V (Subdivision: Procedures and Standards) for the minimum
street standards. To the extent practicable, the construction of new roads in the WCA should be
avoided.
3) Land Disturbance:
a) No land disturbing activity is allowed within stream buffers, open channel drainageways
carrying runoff from a 6.01 acre or more drainage basin, greater than fifteen (15) percent
slopes adjacent to drainageways, or Water Quality Conservation Easements, except for
utilities, watershed devices, and road crossings.
b) The transfer of stormwater from a drainage area of five (5) acres or greater by piping or
channeling between sub -basins within the Watershed Critical Area (WCA) is not
permitted, unless approved by the Technical Review Committee. The piping or
channeling of stormwater from the watershed critical area to a General Watershed Area
(GWA) or to a non -watershed basin is allowed.
c) Land Disturbance Limits:
Tier 1
Tier 2
Tier 3
Tier 4
Maximum Land
Disturbance
NA
10% of usable property
60% of usable property
75% of usable property
Usable Property = (Total Site Area) - (Area in stream buffers, open channel drainageways
carrying runoff from a 6.01 acre basin or greater, 15 percent slopes adjacent to
drainageways, Water Quality Conservation Easements, floodplains, or natural wetlands)

(E) Protection ofFragile Areas:
1) Slopes greater than fifteen (15) percent and wetlands.
a) Slopes greater than fifteen (15) percent lying adjacent and parallel to natural
drainageways or streams, and wetlands shall remain in a natural and undisturbed
condition except for road crossings, utilities, erosion control devices and runoff control
devices.
b) Recordation of these areas as Drainageway and Open Space Easements may be required
wherever authorized by Article 7-1.8 or any other provision in local ordinances.
c) If not included in a Drainageway and Open Space Easement, a water quality conservation
easement shall be recorded over such wetlands and slopes.
d) Where a water quality conservation easement serves to bring two (2) or more properties
into compliance with WCA requirements, the Technical Review Committee may require
that the wetlands and slopes covered by such easements be held as common area by an
owners' association.
2) Drainage.
a) Drainage shall be provided by means of open channels. Piping of drainage to cross
roadways is allowed.
b) All open channel drainageways carrying runoff from a 6.01 acre or greater drainage basin
shall have protected channels or remain in a natural and undisturbed state, except for road
crossings, utilities, erosion control devices and runoff control devices.
c) The undisturbed area width shall be the width as specified in Article 7-1.8 (Drainage).
3) Development on the best soils and terrain of any site is encouraged.
4) Clustering of residential development may be required by the Technical Review Committee in
accordance with Section 4-4.1(B) (Cluster Development).
(F) Spill Risk Reduction:
(1) Prohibited Uses: The following uses shall be prohibited in a WCA district:
DESCRIPTION
SIC INDUSTRY GROUP
MAJOR GROUP
NUMBERS
a)
Agricultural Uses
Animal Feeder/Breeder
0210
b)
Agricultural Services

Chemical Treatment and
0710, 0721
Fertilizer Application for
Crops, Weed Control for
Crop Operations, including
Aerial CropDustin
c)
Mining Uses
Mining and Quarrying
1000
d)
Business, Professional and
Personal Services
Automobile Rental or
7510
leasing
Automobile Repair
0000
Services, Major
Automobile Repair
0000
Services, Minor
Automobile Towing and
7549
Storage Services
Boat Repairs
3730
Car Wash
7542
Commercial Chemical and
8731
Biological Research
Furniture Stripping or
7641
Refinishing (including
secondary or accessory
operations)
Equipment Repair, Heavy
7690
Agricultural Equipment
Repair, Boiler Cleaning
and Repair, Cesspool
Cleaning, Engine Repair,
except automotive, Farm
Machinery Repair,
Industrial Truck Repair,
Machinery Cleaning,
Motorcycle Repair Service,
Rebabbitting, Repair of
Service Station Equipment,
Sewer Cleaning and
Rodding, Tank and Boiler
Cleaning Service, Tank
Truck Cleaning Service,
Tractor repair, and
Welding Repair Shops
Heavy Construction
7350
Equipment Rental and
Leasing
Lawn Care, Lawn
0780
Fertilizing Services, Lawn
Spraying Services,
Ornamental Shrub and
Tree Services with
Spraying
Laundry or Drycleaning
7211, 7216, 7217, 7218
Plant
Laundromats,
7215
Coin -operated
Pest or Termite Control
7342
Services
Septic Tank Services
7699

Truck Driving Schools
8249
Truck and Utility Trailer
0000
Rental and Leasing, Light
Truck Tractor and Semi
0000
Rental and Leasing, Heavy
Truck Washing
7542
e)
Retail Trade
Fuel Oil Sales
5980
Convenience Stores with
5411
fuel pumps
Motor Vehicle Sales (new
5511
and used
Motorcycle Sales
5571
Recreational Vehicle Sales
5561
Service Stations, gasoline
5541
Truck Stops
5541
f)
Wholesale Trade
Agricultural Chemicals,
5191
Pesticides, Fertilizers
Chemical and Allied
5169
Products
Motor Vehicles
5012
Nursery Stock, Plants
5193
Potted
Paints and Varnishes
5198
Petroleum and Petroleum
5170
Products
Scrap and Waste Materials
5093
g)
Transportation,
Warehousing and Utilities
Air Transportation
4789
Facilities
Bus Terminal and Service
4100, 4170
Facilities
Hazardous and Radioactive
4953
Waste (transportation,
Storage, Disposal.)
Inert Debris Landfills,
0000
Major
Landfills of any character,
0000
minor or major in Lower
Randleman Lake
Watershed--WCA
Petroleum Contaminated
0000
Soil Remediation Disposal
Sites
Pipelines, except Natural
4600
Gas
Railroad Terminal or Yard
4010
Recycling Processing
0000
Centers
Refuse and Raw Material
4212
Hauling
Sanitary Sewer and Water
0000
Treatment Plant Sludge
Application Sites

Sewage Treatment Plants
4952
Solid Waste Disposal
nonhazardous
4953
Trucking or Freight
Terminals
4230, 4213
h)
Manufacturing and
Industrial Uses
Animal Slaughter or
Rendering
0000 (2010)
Arms and Weapons
3480
Asbestos, Abrasive, and
Related Products
3290
Asphalt Plant
2951
Batteries
3690
Chemicals, Paints and
Allied Products
2800
Concrete, Cut Stone and
Cla Products
3240, 3270
Cement, Hydraulic
3241
Contractors, Heavy
construction
1600
Contractors, Special Trade
1700
Dairy Products
2020
Fats and Oils, Animal
2077
Fats and Oils, Plant
2070
Fish, Canned, Cured or
Frozen
2091
Leather and Leather
Products tannin
3110
Magnetic and Optical
RecordingMedia
3695
Meat and Poultry, Packing
and Processing (no
rendering)
2010
Metal Coating and
Engraving
3470
Paper Products (no coating
or lammatin
2670
Paper Products (coating or
laminating)
2670
Petroleum and Related
Products
2900
Primary Metal Products
and Foundries
3300
Pulp and Paper Mills
2610
Rubber and Plastics, Misc.
3000
Rubber and Plastics, Raw
3000
Salvage Yards, Auto Parts
5015
Salvage Yard, Scrap
Processing
5903
Solvent Recovery
7389
Surface Active Agents
2843
Textile Products, (no
D in and Finishin
2200

Textile Products, (with 2260
Dying and Finishing)
i) No new or expansion of existing landfills of any description are permitted in the Lower
Randleman Lake watershed.
2) Containment Structures:
a) Storage tanks for fuels and chemicals and associated pumping and piping shall be
provided a spill containment system.
b) Such containment systems shall be of sufficient volume to contain one hundred (100)
percent of all the tank(s) contents stored in the area and shall have a leak detection system
installed.
c) The containment system shall be approved by the Enforcement Officer and the Fire
Marshal.
d) Such tanks and containment structures shall not be placed closer than one thousand
(1,000) feet to the normal pool elevation of the existing or proposed reservoir.
3) Underground Storage Tanks: Underground storage tanks for fuels and chemicals shall not be
permitted except as approved by the Environmental Review Board.
4) Point Source Discharges:
a) No expansion of any existing private wastewater facilities or establishment of any new
public or private wastewater treatment plants of any kind shall be permitted. On -site
individual residential septic systems approved by the Guilford County Health Department
are permitted. Off -site individual residential septic systems are permitted in Tier 4 only,
with a) reduction in overall density to 1 DU/1.25 Acre or b) in a Rural Preservation
District (or equivalent clustered) zoning.
b) Industrial pre-treatment facilities which prepare wastewater for discharge into a public
sewer system shall be permitted in WCA districts.
(G) Storm Water Management:
1) Control of Run-off Run-off from built -upon areas, shall be controlled as follows:
If the built -upon area is greater than six (6) percent in Tier 3 of the Lower Randleman Lake
watershed or twelve (12) percent for all other watershed critical areas the runoff control shall be
by use of a best management practice meeting the performance standards of the following:
1) Control and treat the runoff from the first one inch of rain.

2) Discharge the storage volume at a rate equal to or less than the predevelopment
discharge rate for the one-year, 24-hour storm.
3) Remove an eighty-five (85) percent average annual amount of Total Suspended
Solids, and meeting the guidelines in the latest edition of the Guilford County
Water Quality Protection Manual.
4) Drawdown of treatment volume shall be no faster than forty-eight (48) hours, but
no slower than one hundred twenty (120) hours.
2) Design Approval: All designs for runoff control structures, shall meet the requirements of
Section 7-1.6 (Improvements) and shall be subject to the approval of the Enforcement Officer.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. Ia-08, 3-6-08; Case No. 5-08, 11-19-09)
7-3.
ILLICIT AND ILLEGAL DISCHARGES
7-3.1. Objectives.
(A) To provide for the enforcement of Guilford County's storm water quality management program;
(B) To reduce the discharge of pollutants to receiving streams to the maximum extent practicable by
requiring, where appropriate, the use of best management practices, structural and/or nonstructural storm water
quantity and quality control measures and other provisions;
(C) To provide for the inspection and proper maintenance of structural and nonstructural storm water
controls;
(D) To prohibit non -storm water discharges to the receiving streams and require the removal of illicit
connections to drainageways;
(E) To prevent improper disposal of materials that degrade water quality;
(F) To permit sampling and monitoring for pollutants such as those associated with illicit discharges,
improper disposal, industrial and construction activities, and the application of pesticides, herbicides, and
fertilizers.
(Amd. of 4-21-05)
7-3.2. Jurisdiction.
The provisions of this chapter shall apply to all the territory encompassed in the unincorporated areas of
Guilford County and shall govern the development and use of land and structures therein.
(Amd. of 4-21-05)
7-3.3. Authority.

This chapter is adopted pursuant to the following authorities in NCGS: Chapter 15 (Criminal
Procedure), Chapter 113A (Pollution Control and Environment), Chapter 130A (Public Health), Chapter 153A
(Counties).
(Amd. of 4-21-05)
7-3.4. Abrogation.
This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued. Nothing
herein shall repeal, modify or amend any Federal or State law regulating water quality, watershed protection,
stormwater management or environmental protection.
(Amd. of 4-21-05)
7-3.5. Definitions.
CONNECTION. Any ditch, pipe, or other device for the diversion or transmission of storm drainage,
which will in any way affect the operation, or maintenance of the drainageways.
CONVEYANCE. Any feature of the landscape or earth, manmade or natural that carries water in a
concentrated flow.
DISCHARGE. Additions of pollutants into waters of the United States or North Carolina from: Surface
runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyance owned
by a stated municipality, or other person which does not lead to a treatment works; and discharges through
pipes, sewers, or other conveyance, leading into privately owned treatment works.
DITCHISWALE. Open channel that infiltrates and/or transports runoff waters.
DRAINAGE. The flow of runoff into a conveyance.
DRAINAGE EASEMENT. An easement, which grants the right of storm runoff to pass over a
downstream property.
EASEMENT. A grant of one (1) or more of the property rights, by the property owner, to, or for use by,
the public, a corporation, or other entity.
GARBAGE. Animal and vegetable refuse resulting from the handling, preparation, cooking and
consumption of food, including a minimum amount of liquid necessarily incident thereto.
HAVING CONTROL OVER. Shall mean but not be limited to any person using, transferring, storing, or
transporting a hazardous material immediately prior to release of such hazardous material on the land or into the
air or receiving waters.
HAZARDOUS MATERIAL. Any substance which, when discharged in any quantity, may present an
eminent and substantial danger to the public health or welfare or to the environment.

HAZARDOUS MATERIAL RESPONSE. The sending of Guilford County Environmental
Health --Emergency Spill Response Team or emergency management equipment to abate hazardous materials,
which endanger the health or safety of persons or the environment.
ILLICIT DISCHARGE. Any discharge to a stream that is not composed entirely of storm water except
discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal
separate storm sewer) and discharges resulting from firefighting activities.
MUNICIPAL SEPARATE STORMSEWER. A conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm
drains).
NATIONAL POLL UTANT DISCHARGE ELIMINATION SYSTEM (NPDES). A permitting system
established by Section 402 of the Clean Water Act. Permits are issued by the State of North Carolina for
discharges directly to the surface waters of the state.
NEW DEVELOPMENT. Any activity for which a building permit or a grading permit is required, or any
of the following without regard to a permit requirement: clearing, stripping, dredging, grading, excavating,
transporting, and filling of land.
OUTFALL. A point source at the point where a municipal separate storm sewer discharges to waters of
the United States and does not include open conveyances connecting two (2) municipal separate storm sewers;
or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United
States and are used to convey waters of the United States.
PERSON. Any individual, partnership, co -partnership, firm, company, corporation, association, joint
stock company, trust, estate, governmental entity or their legal representative agents or assigns.
REFUSE. Solid waste, including but not limited to garbage, rubbish and ashes.
RIPARIANBUFFER OR STREAMBUFFER. An area of native or non-native woody vegetation adjacent
to a stream or other natural conveyance of water or storm water.
WATERCOURSE. A natural or man-made channel that carries surface runoff from precipitation.
(Amd. of 4-21-05)
7-3.6. Acronyms.
BOA --Board of Adjustment.
CFR--Code of Federal Regulations.
DENR--Department of Environmental and Natural Resources.
DEM--Division of Environmental Management.

ERB--Environmental Review Board.
GWA--General Watershed Area.
NCGS--North Carolina General Statutes.
NPDES--National Pollutant Discharge Elimination System.
SWPPP--Storm Water Pollution Prevention Plans.
SWQMP--Storm Water Quality Management Program.
WCA--Watershed Critical Area.
(Amd. of 4-21-05)
7-3.7. Right of entry.
(A) The county manager or his designee shall have right -of -entry on or upon the property of any
person subject to this chapter and any permit/document issued hereunder. The county manager or his designee
shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling,
inventory, records examination and copying, and the performance of any other duties necessary to determine
compliance with this chapter.
(B) Where a person has security measures in force, which require proper identification and clearance
before entry into its premises, the person shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the county manager or his designee will be permitted to enter
without delay for the purposes of performing specific responsibilities.
(C) The county manager or his designee shall have the right to set up on the person's property such
devices as are necessary to conduct sampling and/or metering of the person's operations.
(D) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected
and/or monitored shall be removed promptly by the person at the written or verbal request of the county
manager or his designee. The costs of clearing such access shall be borne by the person.
(E) The county manager or his designee may inspect the facilities of any user in order to ensure
compliance with this chapter. Such inspection shall be made with the consent of the owner, manager, or
signatory official. If such consent is refused, the county manager or his designee may seek issuance of an
administrative search warrant.
(Amd. of 4-21-05)
7-3.8. Prohibited discharges.
(A) Illicit Connections. It shall be unlawful to use any unapproved conveyance or any stream or
watercourse to carry off water from any kitchen sink, bathtub or privy, or to carry off any fluid of an offensive

or dangerous nature. No water or refuse from any industrial, commercial or institutional process, including
uncontaminated water used for heating or cooling, shall be discharged in any stream or watercourse by any
person until such person has obtained the appropriate local, state and federal permits.
(B) Improper Disposal. It shall be unlawful for any person to discharge non -storm water to any
storm water conveyance with the exception of the following:
-Water line flushing;
-Diverted stream flows;
-Rising ground waters;
-Uncontaminated ground water infiltration to separate storm sewers;
-Uncontaminated pumped ground water discharges from potable water sources;
-Foundation drains;
-Air conditioning condensation;
-Irrigation water;
-Springs;
-Water from crawl space pumps;
-Footing drains;
-Lawn watering;
-Car washing at one's residence, not for hire;
-Flows from riparian habitats and wetlands;
-Dechlorinated swimming pool discharges;
-Street wash waters; and
-Discharges from firefighting.
(C) Litter and Refuse Control: It shall be unlawful to throw, place or deposit any refuse in any street,
public place, on any private property, or in any conveyance within the unincorporated Guilford County, except
in garbage cans or garbage receptacles.
It shall be unlawful for any person to throw any garbage, peelings or miscellaneous litter upon any of the

sidewalks in the county or upon the floors of any churches, public halls, theaters, buses or other public places.
It shall be unlawful for any person to place, drop or throw any litter, garbage, refuse, grass, shrubbery, tree
clippings, bottles, cans, or containers or any kind upon any median strip, alleyway, street or street right-of-way,
park or grass strip, or in any conveyance, or upon the private premises of another without permission of the
owner or person in control of such premises, or upon any public property; provided, however, that the
provisions of this section do not apply to those materials required to be placed for collection on the grass or park
strip.
(D) Organic Waste: No privy, pigpen, stable or structure of any kind shall be permitted to stand so
near any stream, ditch, drain, or storm water conveyance of any kind that animal waste or the droppings
therefrom will run into such stream, ditch, drain, or storm water conveyance or in any way poison or
contaminate the water therein; nor shall the urine from any privy be allowed to fall or be emptied into any
stream, ditch, drain, or storm water conveyance.
(Amd. of 4-21-05)
7-3.9. Spill response.
(A) Purpose and authority. The Coordinator for the Guilford County Environmental
Health -Emergency Spill Response Team or his designee shall have the authority to summarily abate, control
and contain hazardous materials which are emitted into the environment in such a manner as to endanger the
health or safety of the general public or the environment. The Coordinator or his designee shall have the
authority to enter public or private property with or without the owner's consent, to respond to such hazardous
materials emergencies. The Coordinator or his designee shall determine the type, amount and quantity of
equipment and personnel required to adequately abate, control and contain all hazardous materials which are
emitted into the environment.
(B) Responsibility. The property owner and/or the person exercising control over the hazardous
materials that create the hazardous material emergency shall be held liable for any response, control,
containment, equipment, and materials costs incurred by the Guilford County Environmental
Health --Emergency Spill Response Team during the emergency. The property owner and/or person exercising
control over such hazardous material, may provide personnel to assist abatement, removal and remedial
measures, provided such personnel have been adequately equipped and trained pursuant to the requirements of
state and federal laws. Guilford County shall not be liable for the use of outside personnel. Assistance shall
consist of any or all of the following:
1) Informing Emergency Spill Response Team personnel of all matters pertaining to the incident;
2) Supplying emergency response plan information for the site;
3) Supplying emergency response equipment, personnel and materials.
(Amd. of 4-21-05)
7-3.10. Review of Stormwater Pollution Prevention Plans.
The County may review the storm water pollution prevention plans required under a facility's NPDES

storm water discharge permit when outfall monitoring or the illicit discharge/improper disposal program locates
a suspected violator.
(Amd. of 4-21-05)
7-3.11. Violations.
Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies
and penalties provided by this article and by state law:
(A) Development without permit. To engage in any development, use, construction, remodeling, or
other activity of any nature upon land or improvements thereon subject to the jurisdiction of this
chapter without all required permits, certificates, or other forms of authorization as set forth in
this article.
(B) Development inconsistent with permit. To engage in any development, use, construction
remodeling or other activity of any nature in any way inconsistent with any approved plan,
permit, certificate, or other for of authorization granted for such activity.
(C) Violation by act or omission. To violate, by act or omission, any term, variance, modification,
condition, or qualification placed by the governing body or its agent boards upon any required
permit, certificate, or other form of authorization of the use, development, or other activity upon
land or improvements thereon.
(D) Use in violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any
building or structure or to use any land in violation or contravention of this article or any other
regulation made under the authority conferred thereby.
(E) Continuing a violation. To continue any of the above violations is a separate and distinct offense
each day.
(Amd. of 4-21-05)
7-3.12. Civil Penalties.
(A) Illicit Connections.
1) Any person who is found responsible for an illicit connection shall receive a notice of violation
when the connection is discovered. The person shall have thirty (30) days to remove the
connection. At the end of that time if the connection has not been removed, the Enforcement
Officer may assess civil penalties in the amount of two hundred dollars ($200.00) for violation of
the ordinance. For purposes of this section, each day that a violation remains unabated shall be
considered a new, separate and distinct violation for purposes of assessing a civil penalty. In
addition to the assessment of civil penalties, the Enforcement Officer may enter the property and
take measures necessary to remove the connection and perform whatever cleanup or abatement is
necessary. If the person fails to remove the connection in the time prescribed, the county may
petition the superior court of justice, for the issuance of an injunction to compel removal and
payment; however, removal of the illicit connection shall be immediate upon the determination

of the Enforcement Officer that the connection poses an imminent threat to public health.
2) If any person who previously has been found to have an illicit connection reconnects to the
conveyance, he shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00).
The penalty shall increase by twenty-five (25) percent of the previous penalty amount for every
subsequent illicit connection made by the same person. The penalty shall be additional to the cost
of cleanup and abatement. If the person has or is required to have a storm water discharge permit
from the state division of environmental management, the Enforcement Officer shall alert the
appropriate state authorities of the violation. In determining the amount of the penalty the county
manager or his designee shall consider the following:
a) The degree and extent of the harm to the natural resources, to the public health, or to the
public or private property resulting from the violation;
b) The duration and gravity of the violation;
c) The effect on ground or surface water quality or on air quality;
d) The cost of rectifying the damage;
e) The amount of money saved by noncompliance;
f) Whether the violation was committed willfully or intentionally;
g) The prior record of the violator in complying or failing to comply with the storm water
quality management;
h) The costs of enforcement to Guilford County.
(B) Improper disposal.
1) Process wastewater. Any person who is found to have improperly disposed of process
wastewater to the receiving streams shall be assessed a civil penalty not to exceed five thousand
dollars ($5,000.00) In determining the amount of the penalty the county manager or his designee
shall consider the following:
a) The degree and extent of the harm to the natural resources, to the public health, or to the
public or private property resulting from the violation;
b) The duration and gravity of the violation;
c) The effect on ground or surface water quality or on air quality;
d) The cost of rectifying the damage;
e) The amount of money saved by noncompliance;

f) Whether the violation was committed willfully or intentionally;
g) The prior record of the violator in complying or failing to comply with the storm water
quality management program and,
h) The costs of enforcement to Guilford County.
(C) Bulk sales. Any person who is found to have improperly disposed of any substance that was
purchased at a bulk sales location which, upon discharge to the receiving streams or drainage network, would
have an adverse impact on water quality or cause the county to be in noncompliance with any applicable
environmental permit shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00). In
determining the amount of the penalty the county manager or his designee shall consider the following:
1) The degree and extent of the harm to the natural resources, to the public health, or to the public
or private property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with the storm water quality
management program; and
8) The cost of enforcement to Guilford County.
(D) Household products. Any person who is found to have improperly disposed of any substance that
was purchased over-the-counter for household, in quantities considered normal for household purposes, which,
upon discharge to the receiving streams or drainage network, would have an adverse impact on water quality or
cause the county to be in noncompliance with any applicable environmental permit shall be assessed a civil
penalty not to exceed five hundred dollars ($500.00). In determining the amount of the civil penalty the county
manager or his designee shall consider the following:
1) The degree and extent of the harm to the natural resources, to the public health, or to the public
or private property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quality or on air quality;

4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with the storm water quality
management program; and
8) The costs of enforcement to Guilford County.
(E) Yard waste. Any person who is found to have improperly disposed of leaves, grass clippings, or
other yard wastes shall be assessed a civil penalty not to exceed five hundred dollars ($500.00). In determining
the amount of the penalty the county manager or his designee shall consider the following:
1) The degree and extent of the harm to the natural resources, to the public health, or to the public
or private property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with the storm water quality
management program; and
8) The costs of enforcement to Guilford County.
(F) Repeat violation. If a person is found to be responsible for more than one (1) instance of
improper disposal, the penalty shall increase by twenty-five (25) percent of the previous penalty amount for
each subsequent improper disposal. The penalties shall be additional to the cost of clean-up and abatement.
(G) Watershed areas. The penalty assessed for any of the above violations shall be increased by
twenty-five (25) percent of the amount assessed if it occurs in any designated water -supply watershed area.
(H) Failure to report. The penalty assessed for any of the above violations shall be increased by
twenty-five (25) percent of the amount assessed for any spill not properly reported by the violator once he has
knowledge of the violation.
(I) [Penalties.] In the event there are subsequent penalties assessed by the state against the county
for improper disposal or illegal dumping, or illicit connection into receiving streams, caused by any person,

such person shall be assessed the equivalent amount of civil penalty.
(Amd. of 4-21-05; Case No. 5-06, 1-18-07; Case No. 5-08, 11-19-09)
7-3.13. Remedies.
Any or all of the following procedures may be used to enforce the provisions of this chapter:
(A) Injunction. Any violation of this article or of any condition, order, requirement, or remedy
adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other
appropriate proceeding pursuant to state law.
(B) Civil penalties. Any person who violates any provision of this article shall be subject to the
assessment of a civil penalty under the procedures provided in Article 7-3.12 (Civil Penalties).
(C) Denial ofpermit. The county manager or his designee shall withhold or deny any permit,
certificate, or other authorization on any land, building, structure, or use in which there is an
uncorrected violation of a provision of this article, or of a condition or qualification of a permit,
certificate, or other authorization previously granted.
(D) Conditional permit or temporary certificate. The county manager or his designee may condition
the authorization of any permit or certificate upon the correction of the deficiency, payment of
civil penalties within a specified time, or the posting of a compliance security approved by
appropriate government authority.
(E) Revocation ofpermit. The county manager or his designee may revoke and require the return of a
permit or certificate by notifying the permit holder in writing, stating the reason for the
revocation. Permits or certificates shall be revoked for any substantial departure from the
approved application plans, or specifications; refusal or failure to comply with the requirements
of state or local law; or for false statements or misrepresentations made in securing the permit or
certificate. Any permit or certificate mistakenly issued in violation of any applicable state or
local law may also be revoked.
(F) Criminal penalties. Any violation of this chapter shall be a misdemeanor or infraction as
provided by NCGS 14-4. Each violation shall be subject to a fine not to exceed five hundred
dollars ($500.00).
(G) Notification of the State Enforcement Officials.
1) Industrial and related facilities. When a county manager or his designee discovers an
apparent violation of an industrial or related facility's NPDES storm water discharge
permit or that the facility is not operating pursuant to its storm water pollution prevention
plan, the county shall notify the appropriate state officials immediately.
2) Construction sites. If the county manager or his designee discovers an apparent violation
of the NPDES storm water discharge permit required by the state for sites with
land -disturbing activity greater than one (1) acre, or less if part of a larger project, he

shall report the violation immediately to the appropriate state officials.
3) Abatement. When the discharge from the facility interferes significantly with the
receiving streams, and the facility fails to take appropriate actions upon notification by
the county, the county may take immediate and appropriate measures to control the
problem whether or not the facility is violating its NPDES permit and recover the cost
from the facility.
4) Judicial Enforcement. When any person is in violation of the provisions of this chapter,
the county manager or his designee, through the county attorney, may petition the
superior court of justice for the issuance of a restraining order or a preliminary and
permanent injunction, which restrains or compels the activities in question.
(Amd. of 4-21-05)
7-3.14. Appeal Hearing.
(A) Any person assessed a civil penalty under this chapter shall have the right to a hearing before the
Environmental Review Board upon making a written demand to ERB specifying the issues to be contested,
within thirty (30) days following receipt of the assessment.
(B) Unless such written demand is made within the time specified herein, the action shall be final
and binding.
(C) The ERB shall make a final decision on the contested penalty within thirty (30) days of the
receipt of the written demand for a hearing.
(D) The ERB shall transmit a copy of the decision by registered or certified mail.
(E) The decision of the ERB shall be considered the final administrative action for the purposes of
judicial review. Any person may seek judicial review of a final administrative decision by the ERB by filing a
petition for writ of certiorari within thirty (30) days after receipt of notice by registered or certified mail, but not
thereafter, with the Superior Court of Guilford County and with a copy to Guilford County.
(Amd. of 4-21-05)
7-4.
SOIL EROSION AND SEDIMENTATION CONTROL
7-4.1. General Requirements.
(A) Plan Required: No person shall initiate any land -disturbing activity without an erosion control
plan approved by the Jurisdiction, if the land -disturbing activity:
1) Exceeds one (1) acre;
2) Will take place on highly erodible soils with a "k" factor greater than .36 in a watershed critical

area;
3) Includes a permanent runoff control structure in a watershed critical area; or
4) Will take place in Tier I or Tier 2 of a watershed critical area.
(B) Protection of Property: Persons conducting land -disturbing activity shall take all reasonable
measures to protect all public and private property from damage caused by such activity.
(C) More Restrictive Rules Shall Apply: Whenever conflicts exist between federal, state, or local
laws, ordinances, or rules, the more restrictive provision shall apply.
7-4.2. Basic Control Objectives.
A soil erosion and sedimentation control plan may be disapproved pursuant to Section 7-4.12(M)
Grounds for Plan Disapproval of this Ordinance if the plan fails to address the following control objectives:
(A) Identify Critical Areas: On -site areas which are subject to severe erosion, and off -site areas
which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive
special attention;
(B) Limit Time of Exposure: All land -disturbing activity is to be planned and conducted to limit
exposure to the shortest feasible time;
(C) Limit Exposed Areas: All land -disturbing activity is to be planned and conducted to minimize the
size of the area to be exposed at any one time;
(D) Control Surface Water: Surface water runoff originating upgrade of exposed areas should be
controlled to reduce erosion and sediment loss during the period of exposure;
(E) Control Sedimentation: All land -disturbing activity is to be planned and conducted so as to
prevent off -site sedimentation damage; and
(F) Manage Storm Water Runoff When the increase in the velocity of storm water runoff resulting
from a land -disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are
to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the
site and increased sedimentation of the stream.
7-4.3. Mandatory Standards for Land -disturbing Activity.
No land -disturbing activity subject to the control of this Ordinance shall be undertaken except in
accordance with the following mandatory standards:
(A) Buffer Zone: No land -disturbing activity shall be permitted in proximity to a lake or natural
watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient
width to confine visible siltation within the twenty-five (25%) percent of the buffer zone nearer

the land -disturbing activity, provided, that this subsection (A) shall not apply to a land -disturbing
activity in connection with the construction of facilities to be located on, over, or under a lake or
natural watercourse. Unless otherwise provided, the width of a buffer zone is measured from the
edge of the water to the nearest edge of the disturbed area, with the twenty-five (25%) percent of
the strip nearer the land disturbing activity containing natural or artificial means of confining
visible siltation;
(B) Graded Slopes and Fills: The angle for graded slopes and fills shall be no steeper than two (2) to
one (1) slope if they are to be stabilized with vegetative cover. Slopes or fills steeper than two (2)
to one (1) slope must be protected by structures. In any event, slopes left exposed will, within
thirty (30) days of completion of any phase of grading, be planted or otherwise provided with
ground cover, devices, or structures sufficient to restrain erosion;
(C) Ground Cover: Whenever land -disturbing activity is undertaken on a tract comprising more than
one (1) acre, if more than one (1) acre is uncovered, the person conducting the land -disturbing
activity shall install such sedimentation and erosion control devices and practices as are
sufficient to retain the sediment generated by the land -disturbing activity within the boundaries
of the tract during construction upon and development of said tract, and shall plant or otherwise
provide a permanent ground cover sufficient to restrain erosion after completion of construction
or development. Except as provided in Section 7-4.4(B)(5) of this Ordinance, provisions for a
ground cover sufficient to restrain erosion must be accomplished within thirty (30) working days
or one hundred twenty (120) calendar days following completion, whichever period is shorter;
and
(D) Prior Plan Approval: No person shall initiate any land -disturbing activity on a tract if more than
one (1) acre is to be uncovered unless, thirty (30) or more days prior to initiating the activity, an
erosion and sedimentation control plan for such activity is filed with and approved by the
Jurisdiction.
7-4.4. Design and Performance Standards.
(A) Design for Ten-year Storm: Except as provided in Section 7-4.4(B)(2) of this Ordinance, soil
erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and
constructed as to provide protection from the calculated maximum peak rate of runoff from the ten-year storm.
Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National
Engineering Field Manual for Conservation Practices," or other acceptable calculation procedures.
(B) High Quality Water Zones: In High Quality Water (HQW) zones the following design standards
shall apply:
1) Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the
boundaries of the tract to twenty (20) acres. Only the portion of the land -disturbing activity
within a HQW zone shall be governed by this subsection. Larger areas may be uncovered within
the boundaries of the tract with the written approval of the Director (DEHNR).
2) Soil erosion and sedimentation control measures, structures and devices within HQW zones shall

be so planned, designed and constructed to provide protection from the runoff of the
twenty -five-year storm which produces the maximum peak rate of runoff as calculated according
to procedures in the United States Department of Agricultural Soil Conservation Service's
"National Engineering Field Manual for Conservation Practices" or according to procedures
adopted by any other agency of this state or the United States or any generally recognized
organization or association.
3) Sediment basins within HQW zones shall be designed and constructed such that the basin will
have a settling efficiency of at least seventy (70) percent for the forty (40) micron size soil
particle transported into the basin by the runoff of that two-year storm which produces the
maximum peak rate of runoff as calculated according to procedures in the United States
Department of Agricultural Soil Conservation Service's "National Engineering Field Manual for
Conservation Practices" or according to procedures adopted by any other agency of this State or
the United States or any generally reorganized organization or association.
4) Newly constructed open channels in HQW zones shall be designed and constructed with side
slopes no steeper than two (2) horizontal to one (1) vertical if a vegetative cover is used for
stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by
using mechanical devices, structural devices, or other acceptable ditch liners. In any event, the
angle for side slopes shall be sufficient to restrain accelerated erosion.
5) Ground cover sufficient to restrain erosion must be provided for any portion of a land -disturbing
activity in a HQW zone within fifteen (15) working days or sixty (60) calendar days following
completion of construction or development, whichever period is shorter.
7-4.5. Storm Water Outlet Protection.
(A) Intent: Stream banks and channels downstream from any land -disturbing activity shall be
protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the
land -disturbing activity.
(B) Performance Standard: Persons shall conduct land -disturbing activity so that the
post -construction velocity of the ten-year storm runoff in the receiving watercourse to the discharge point does
not exceed the greater of:
1) The velocity established by Table 7-4-1; or
2) The velocity of the ten (10) year storm runoff in the receiving watercourse prior to development.
If conditions 1) or 2) above cannot be met, then the receiving watercourse to and including the discharge
point shall be designed and constructed to withstand the expected velocity anywhere the velocity
exceeds the "prior to development" velocity by ten (10%) percent.
(C) Acceptable Management Measures: Measures applied alone or in combination to satisfy the
intent of this Section are acceptable if there are no objectionable secondary consequences. The Jurisdiction
recognizes that the management of stormwater runoff to minimize or control downstream channel and bank

erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when
shown to have the potential to produce successful results.
Some alternatives are to:
1) Avoid increases to surface runoff volume and velocity by including measures to promote
infiltration to compensate for increased runoff from areas rendered impervious;
2) Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and
waterways in lieu of closed drains and high velocity paved sections;
3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the
point of discharge. These may range from simple rip -rapped sections to complex structures; or
4) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing
erosion -resistant lining.
(D) Exceptions: This rule shall not apply where it can be demonstrated that stormwater discharge
velocities will not create an erosion problem in the receiving watercourse.
TABLE 7-4-1
Maximum Permissible Velocity for Stormwater Discharges
Material
Maximum Permissible Velocities
F.P.S.
M.P.S.
Fine sand noncolloidal
2.5
0.8
Sandy loam noncolloidal
2.5
0.8
Silt loam noncolloidal
3.0
0.9
Ordinary firm loam
3.5
1.1
Fine Gravel
5.0
1.5
Stiff clay v colloidal
5.0
1.5
Graded, loam to cobbles
noncolloidal
5.0
1.5
Graded, silt to cobbles
5.5
1.7
Alluvial silts noncolloidal
3.5
1.1
Alluvial silts colloidal
5.0
1.5
Coarse gravel
noncolloidal
6.0
1.8
Cobbles and shingles
5.5
1.7
Shales and hard pans
6.0
1.8
Source -Adapted from recommendations by Special Committee on Irrigation Research,
American Society of Civil Engineers, 1926, for channels with straight alignment. For
sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for
moderately sinuous channels, and by 0.8 for highly sinuous channels.
7-4.6. Borrow and Waste Areas.
When the person conducting the land -disturbing activity is also the person conducting the borrow or
waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of
the Mining Act of 1971, any waste areas for surplus materials other than landfills regulated by the Department's,

Division of Solid Waste Management shall be considered as part of the land -disturbing activity where the
borrow material is being used or from which the waste material originated. When the person conducting
land -disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be
considered a separate land -disturbing activity.
7-4.7. Access and Haul Roads.
Temporary access and haul roads, other than public roads, constructed or used in connection with any
land -disturbing activity shall be considered a part of such activity.
7-4.8. Operations in Lakes or Natural Watercourses.
Land -disturbing activity in connection with construction in, on, over, or under a lake or natural
watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of
disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the
proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics,
except when justification for significant alteration to flow characteristic is provided. The U.S. Army Corps of
Engineers shall be notified by the developer of any planned operation in lakes or natural watercourses for
possible issuance of Section 404 or other permits.
7-4.9. Responsibility for Maintenance.
During the development of a site, the person conducting the land -disturbing activity shall install and
maintain all temporary and permanent erosion and sedimentation control measures as required by the approved
plan, by any provision of this Ordinance, or by any ordinance adopted pursuant to this Ordinance. After site
development, the land owner or person in possession or control of the land shall install and/or maintain all
necessary permanent erosion and sediment control measures, except those measures installed within a road or
street right-of-way or easement accepted for maintenance by a governmental agency.
7-4.10. Additional Measures.
Whenever the Jurisdiction determines that significant sedimentation is occurring as a result of
land -disturbing activity, despite application and maintenance of protective practices, the person conducting the
land -disturbing activity will be required to and shall take additional protective action.
7-4.11. Existing Uncovered Areas.
(A) Applicability: All uncovered areas existing on the effective date of this Ordinance which are the
result of land -disturbing activity, which exceed one (1) acre, which are subject to continued accelerated erosion,
and which are causing off -site damage from sedimentation, shall be provided with a ground cover or other
protective measures, structures, or devices sufficient to restrain accelerated erosion and control off -site
sedimentation.
(B) Notice of Violation: The Jurisdiction will serve upon the landowner a written notice of violation
by registered or certified mail, return receipt requested. The notice will set forth the measures needed to comply
and will state the time within which such measures must be completed. In determining the measures required

and the time allowed for compliance, the authority serving notice shall take into consideration the economic
feasibility, technology, and quantity of work required, and shall set reasonably attainable time limits for
compliance.
(C) Requiring Erosion Control Plan: The Jurisdiction reserves the right to require preparation and
approval of an erosion control plan in any instance where extensive control measures are required.
(D) Exemption: This rule shall not require ground cover on cleared land forming the future basin of a
planned reservoir.
7-4.12. Erosion and Sedimentation Control Plans.
(A) Applicability: An erosion control plan shall be prepared for all land -disturbing activities subject
to this Ordinance whenever the proposed activity is to be undertaken on a tract comprising more than one (1)
acre, if more than one (1) acre is to be uncovered.
(B) Preparation of Plan: The erosion control plan shall be prepared by, and shall bear the seal and
signature of a registered professional engineer, architect, landscape architect, or a registered surveyor to the
extent permitted by North Carolina laws, at a scale not smaller than one (1) inch equals one hundred (100) feet.
The plan shall be filed with the Jurisdiction, and the Guilford Soil and Water Conservation District, thirty (30)
days prior to the commencement of the proposed activity.
(C) Submission of Plan: Persons conducting land -disturbing activity on a tract which covers one (1)
or more acres shall file five (5) copies of the erosion control plan with the Jurisdiction, at least thirty (30) days
prior to beginning of such activity, and shall keep another copy of the plan on file at the job site. If the
Jurisdiction, either upon review of such plan or on inspection of the job site, determines that a significant risk of
accelerated erosion or off -site sedimentation exists, the Jurisdiction will require a revised plan. Pending the
preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate
authority.
(D) Financial Responsibility Statement: Erosion control plans may be disapproved unless
accompanied by an authorized statement of financial responsibility and ownership. This statement shall be
signed by the person financially responsible for the land -disturbing activity or his attorney in fact. The
statement shall include the mailing and street addresses of the principal place of business of the person
financially responsible and of the owner of the land or their registered agents. If the person financially
responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for
the purpose of receiving notice of this compliance or non-compliance with the plan, this Ordinance, or rules or
orders adopted or issued pursuant to this Ordinance.
(E) Conservation District Review: The Guilford Soil and Water Conservation District within twenty
(20) days of receipt of any plan, shall review such plan and submit its comments and recommendations to the
Jurisdiction. Failure of the Soil and Water Conservation District to submit its comments and recommendations
within these twenty (20) days will not delay final action on the plan.
(F) Local Jurisdiction Review: The Jurisdiction will review each plan submitted to them and within
thirty (30) days of receipt thereof will notify the person submitting the plan that it has been approved, approved

with modifications, approved with performance reservations, or disapproved. Failure to approve or disapprove a
complete erosion and sedimentation control plan within thirty (30) days of receipt shall be deemed approval.
Denial of a plan must specifically state in writing the reasons for denial. The jurisdiction must approve or deny
a revised plan within fifteen (15) days of receipt, or it is deemed to be approved. If, following commencement
of a land -disturbing activity pursuant to an approved plan, the Jurisdiction determines that the plan is inadequate
to meet the requirements of this Ordinance, the Jurisdiction may require such revisions as are necessary to
comply with this Ordinance.
(G) Plan Requirements: The plan required by this Section shall contain architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the
proposed development of the tract and the measures proposed to ensure compliance with the requirements of
this Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for
plan preparation can be found in Appendix 2 (Map Standards) of this Ordinance.
(H) Application Amendments: Applications for amendment of an erosion control plan in written
and/or graphic form may be made at any time under the same conditions as the original application. Until such
time as said amendment is approved by the Jurisdiction, the land -disturbing activity shall not proceed except in
accordance with the erosion control plan as originally approved.
(I) Work Conducted from Approved Plan: Any person engaged in land -disturbing activity who fails
to file a plan in accordance with this Ordinance, or who conducts a land -disturbing activity except in accordance
with provisions of an approved plan shall be deemed in violation of this Ordinance.
(J) Plan Approval Required for Permit: No building or location permits, approvals or other
documents relating to land or building development or improvement shall be issued or granted under applicable
zoning, building, subdivision and other laws and ordinances of the Jurisdiction, unless and until an erosion
control plan, as required by this Ordinance, has been submitted to the Jurisdiction, a grading permit has been
issued, and a Certificate of Erosion Control Performance has been issued by jurisdiction, indicating that initial
erosion control devices have been installed and are functioning properly.
(K) Work Completed Before Final Subdivision Approval: No final subdivision plat approval nor any
Certificate of Occupancy shall be issued or granted where required under applicable zoning, building,
subdivision and other laws and ordinances unless and until work at the site has been completed in accordance
with a valid grading permit, or an improvement security or performance bond has been approved and accepted
as required by this Ordinance.
(L) Surety: The applicant for a grading permit to grade one (1) acre or more may be required to file
with the Jurisdiction an improvement security or bond in the form of an escrow account or other instruments
satisfactory to the Jurisdiction's attorney in the amount deemed sufficient by the Jurisdiction to cover all costs of
protection of the site against erosion and off -site sedimentation according to requirements of this Ordinance.
The amount of such surety requirement shall be determined by the Jurisdiction in consultations with the Soil
and Water Conservation District and with disinterested private contractors. Such surety shall be valid until the
work is completed in accordance with the grading permit and until same is released by the Jurisdiction.
Applicable surety shall be forfeited upon violation of this Ordinance and shall be used to establish protective
cover on the site, to control the velocity of runoff, and/or prevent off -site sedimentation. Any monies in excess
of the cost of providing protective measures shall be refunded to the applicant. Surety shall be released when

the Jurisdiction has certified that the requirements of this Ordinance have been met.
(M) Grounds for Plan Disapproval: A soil erosion and sedimentation control plan may be
disapproved upon a finding that an applicant, or any parent or subsidiary corporation if the applicant is a
corporation:
1) Is conducting or has conducted land -disturbing activity without an approved plan, or has
received notice of violation of a plan previously approved by the Commission or the Jurisdiction
and has not complied with the notice within the time specified in the notice;
2) Has failed to pay a civil penalty assessed pursuant to the Act or this Ordinance which is due and
for which no appeal is pending;
3) Has been convicted of a misdemeanor pursuant to NCGS 113A-64(b) or any criminal provision
of this Ordinance; and
4) Has failed to substantially comply with State rules adopted pursuant to the Act or regulations of
this Ordinance.
For purposes of this subsection an applicant's record may be considered for only the two (2) years prior
to the application date.
(N) North Carolina Environmental Policy Act: Any plan submitted for a land -disturbing activity for
which an environmental document is required by the North Carolina Environmental Policy Act (NCGS I I3A-1,
et seq.) shall be deemed incomplete until a complete environmental document is available for review. Guilford
County shall promptly notify the person submitting the plan that the thirty (30) day time limit for review of the
plan pursuant to Section 7-4.12(F) of this Ordinance shall not begin until a complete environmental document is
available for review.
7-5.
FLOOD DAMAGE PREVENTION*
* Editors Note: An amendment adopted May 17, 2007, amended 7-5 in its entirety to read as herein set out. Former 7-5, §§
7-5.1--7-5.7, pertained to similar subject matter, and derived from development ordinance adopted January 1, 1992; Amd. of 4-21-05;
Case No. 5-06, 1-8-07.
7-5.1. Statutory Authorization and Legal Status Provisions.
(A) Statutory Authorization: The Legislature of the State of North Carolina has in Part 6, Article 21
of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the
North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry.
(B) Legal Status Provisions:

(1) Effect on Rights and Liabilities under the Existing Flood Damage Prevention Ordinance: This
Ordinance in part comes forward by re-enactment of some of the provisions of the Flood
Damage Prevention Ordinance enacted on November 19, 1990, as amended, and it is not the
intention to repeal but rather to re-enact and continue to enforce without interruption of such
existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and
may be enforced. The enactment of this Ordinance shall not affect any action, suit or proceeding
instituted or pending. All provisions of the Flood Damage Prevention Ordinance of the
unincorporated areas of Guilford County enacted on November 19, 1990, as amended, which are
not reenacted herein are repealed.
(2) Effect upon Outstanding Floodplain Development Permits: Nothing herein contained shall
require any change in the plans, construction, size, or designated use of any development or any
part thereof for which a Floodplain Development Permit has been granted by the Floodplain
Administrator or his or her authorized agents before the time of passage of this Ordinance;
provided, however, that when construction is not begun under such outstanding permit within a
period of six (6) months subsequent to the date of issuance of the outstanding permit,
construction or use shall be in conformity with the provisions of this Ordinance.
(3) Effective Date: This Ordinance shall become effective upon adoption.
(Amd. of 5-17-07)
7-5.2. Findings of Fact.
(A) The flood prone areas within the jurisdiction of unincorporated Guilford County are subject to
periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health, safety, and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods
or other hazards.
(Amd. of 5-17-07)
7-5.3. General Provisions.
GRAPHIC UNAVAILABLE: Click here
(A) Lands to Which this Ordinance Applies: This Ordinance shall apply to all Special Flood Hazard
Areas within unincorporated Guilford County. Bona fide farms are not exempt from the provisions of this
Ordinance regulating development in floodways and floodplains as required for participation in the National
Flood Insurance Program.
(B) Basis for Establishing the Special Flood Hazard Areas: The Special Flood Hazard Areas are
those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina
and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for
Guilford County, dated June 18, 2007 which are adopted by reference and declared to be a part of this

Ordinance.
(Amd. of 5-17-07)
7-5.4. Establishment of Floodplain Development Permit.
A Floodplain Development Permit shall be required in conformance with the provisions of this
Ordinance prior to the commencement of any development activities within Special Flood Hazard Areas
determined in accordance with Section 7-5.3(B) of this Ordinance.
(Amd. of 5-17-07)
7-5.5. Compliance.
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way
without full compliance with the terms of this Ordinance and other applicable regulations.
(Amd. of 5-17-07)
7-5.6. Warning and Disclaimer of Liability.
The degree of flood protection required by this Ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual
flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside
the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood
damages. This Ordinance shall not create liability on the part of Guilford County or by any officer or employee
thereof for any flood damages that result from reliance on this Ordinance or any administrative decision
lawfully made hereunder.
(Amd. of 5-17-07)
7-5.7. Floodplain Development Application, Permit and Certification Requirements.
(A) Application for Permit: On a property containing an area of Special Flood Hazard, application
for a Flood Plain Development Permit shall be made in accordance with Section 3-3.5 (Flood Plain
Development Permit).
(B) Certificate of Floor Elevation/Floodproofzng: When a property is located in a Flood Hazard
Area or when a structure is floodproofed, a certificate shall be provided in accordance with Section 3-8.4
(Certificate of Floor Elevation/Floodproofing).
(Amd. of 5-17-07)
7-5.8. Provisions for Flood Hazard Reduction.
(A) General Standards: In all Special Flood Hazard Areas the following provisions are required:
1) All new construction and substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse, and lateral movement of the structure.
2) All new construction and substantial improvements shall be constructed with materials and

utility equipment resistant to flood damage.
3) All new construction and substantial improvements shall be constructed by methods and
practices that minimize flood damages.
4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities
shall be designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding. These include, but are not limited to, HVAC
equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes,
utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters,
and electric outlets/switches.
5) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into flood waters.
7) On -site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
8) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance
with the provisions of this Ordinance, shall meet the requirements of "new construction" as
contained in this Ordinance.
9) Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or
structure existing on the effective date of this Ordinance and located totally or partially within
the floodway, non -encroachment area, or stream setback, provided there is no additional
encroachment below the Regulatory Flood Protection Elevation in the floodway,
non -encroachment area, or stream setback, and provided that such repair, reconstruction, or
replacement meets all of the other requirements of this Ordinance.
10) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage
yards, and chemical storage facilities shall not be permitted, except by variance as specified in
Section 9-5.9 (J). A structure or tank for chemical or fuel storage incidental to an allowed use or
to the operation of a water treatment plant or wastewater treatment facility may be located in a
Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at
least the Regulatory Flood Protection Elevation and certified according to Section 3-8.4 of this
Ordinance.
11) All subdivision proposals and other development proposals shall be consistent with the need to
minimize flood damage.
12) All subdivision proposals and other development proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and constructed to minimize
flood damage.

13) All subdivision proposals and other development proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
14) All subdivision proposals and other development proposals shall have received all necessary
permits from those governmental agencies for which approval is required by Federal or State
law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C.1334.
15) Permitted Uses. The following uses shall be permitted below flood protection elevation within
the floodway fringe zone to the extent that they are otherwise permitted by this Ordinance:
a) Any use as permitted and regulated in the floodway zone.
b) Fill material graded to drain, provided such is protected against erosion. Any fill material
on which a structure is to be located shall be extended at grade ten (10) feet beyond the
limits of the structure foundation, and shall have a side slope no steeper than two (2) feet
horizontal to one (1) foot vertical.
(B) Specific Standards: In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data
has been provided, as set forth in Section 7-5.3(B), or Section 9-7.3 (11 & 12), the following provisions, in
addition to Section 7-5.8(A), are required:
1) Residential Construction. New construction and substantial improvement of any residential
structure (including manufactured homes) shall have the reference level, including basement,
elevated no lower than the Regulatory Flood Protection Elevation, as defined in Section 2-1.6 of
this Ordinance.
2) Non -Residential Construction. New construction and substantial improvement of any
commercial, industrial, or other non-residential structure shall have the reference level, including
basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in
Section 2-1.6 of this Ordinance. Structures located in A, AE and Al-30 Zones may be
floodproofed to the Regulatory Flood Protection Elevation in lieu of elevation provided that all
areas of the structure, together with attendant utility and sanitary facilities, below the Regulatory
Flood Protection Elevation are watertight with walls substantially impermeable to the passage of
water, using structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied. Such certification shall be
provided to the Floodplain Administrator as set forth in Section 3-8.4, along with the operational
and maintenance plans.
3) Manufactured Homes.
a) New or replacement manufactured homes shall be elevated so that the reference level of
the manufactured home is no lower than the Regulatory Flood Protection Elevation, as
defined in Section 2-1.6 of this Ordinance.

b) Manufactured homes shall be securely anchored to an adequately anchored foundation to
resist flotation, collapse, and lateral movement, either by engineer certification, or in
accordance with the most current edition of the State of North Carolina Regulations for
Manufactured Homes adopted by the Commissioner of Insurance pursuant to NCGS
143-143.15. Additionally, when the elevation would be met by an elevation of the chassis
thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by
reinforced piers or engineered foundation. When the elevation of the chassis is above
thirty-six (36) inches in height, an engineering certification is required.
c) All enclosures or skirting below the lowest floor shall meet the requirements of Section
7-5.8 (13)(4)(a), (b), and (c).
d) An evacuation plan must be developed for evacuation of all residents of all new,
substantially improved or substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan shall be filed with and approved
by the Floodplain Administrator and the local Emergency Management coordinator.
4) Elevated Buildings. Fully enclosed area, of new construction and substantially improved
structures, which is below the lowest floor:
a) Shall not be designed or used for human habitation, but shall only be used for parking of
vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (standard exterior door), or entry to the living area (stairway or
elevator). The interior portion of such enclosed area shall not be finished or partitioned
into separate rooms, except to enclose storage areas;
b) Shall be constructed entirely of flood resistant materials to the top of any enclosure below
the lowest floor;
c) Shall include, in Zones A, AE, and Al-30, flood openings to automatically equalize
hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To
meet this requirement, the openings must either be certified by a professional engineer or
architect or meet or exceed the following minimum design criteria;
i) A minimum of two (2) flood openings on different sides of each enclosed area
subject to flooding;
ii) The total net area of all flood openings must be at least one (1) square inch for
each square foot of enclosed area subject to flooding;
iii) If a building has more than one (1) enclosed area, each enclosed area must have
flood openings to allow floodwaters to automatically enter and exit;

iv) The bottom of all required flood openings shall be no higher than one (1) foot
above the adjacent grade;
v) Flood openings may be equipped with screens, louvers, or other coverings or
devices, provided they permit the automatic flow of floodwaters in both
directions; and
vi) Enclosures made of flexible skirting are not considered enclosures for regulatory
purposes, and, therefore, do not require flood openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and
requires flood openings as outlined above.
5) AdditionsAmprovements.
a) Additions and/or improvements to pre -FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
i) Not a substantial improvement, the addition and/or improvements must be
designed to minimize flood damages and must not be any more non -conforming
than the existing structure.
ii) A substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
b) Additions to post -FIRM structures with no modifications to the existing structure other
than a standard door in the common wall shall require only the addition to comply with
the standards for new construction.
c) Additions and/or improvements to post -FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
i) Not a substantial improvement, the addition and/or improvements only must
comply with the standards for new construction.
ii) A substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
d) Where an independent perimeter load -bearing wall is provided between the addition and
the existing building, the addition(s) shall be considered a separate building and only the
addition must comply with the standards for new construction.
6) Recreational Vehicles. Recreational vehicles shall either:
a) Be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed

and ready for highway use (a recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect type utilities,
and has no permanently attached additions); or
b) Meet all the requirements for new construction.
7) Temporary Non -Residential Structures. Prior to the issuance of a Floodplain Development
Permit for a temporary structure, the applicant must submit to the Floodplain Administrator a
plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of
flood warning notification. The following information shall be submitted in writing to the
Floodplain Administrator for review and written approval;
a) A specified time period for which the temporary use will be permitted. Time specified
may not exceed three months, renewable up to one year;
b) The name, address, and phone number of the individual responsible for the removal of
the temporary structure;
c) The time frame prior to the event at which a structure will be removed (i.e., minimum of
72 hours before landfall of a hurricane or immediately upon flood warning notification);
d) A copy of the contract or other suitable instrument with the entity responsible for
physical removal of the structure; and
e) Designation, accompanied by documentation, of a location outside the Special Flood
Hazard Area, to which the temporary structure will be moved.
8) Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed
within a Special Flood Hazard Area, the following criteria shall be met:
a) Accessory structures shall not be used for human habitation (including working, sleeping,
living, cooking or restroom areas);
b) Accessory structures shall not be temperature -controlled;
c) Accessory structures shall be designed to have low flood damage potential;
d) Accessory structures shall be constructed and placed on the building site so as to offer the
minimum resistance to the flow of floodwaters;
e) Accessory structures shall be firmly anchored in accordance with Section 7-5.8(A)(1);
f) All service facilities such as electrical shall be installed in accordance with Section
7-5.8(A)(4); and
g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be

provided below Regulatory Flood Protection Elevation in conformance with Section
7-5.8(B)(4)(c).
An accessory structure with a footprint less than one hundred fifty (150) square feet that satisfies
the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or
floodproofing certifications are required for all other accessory structures in accordance with
Section 3-8.4.
(Amd. of 5-17-07)
7-5.9. Standards for Floodplains without Established Base Flood Elevations.
(A) Within the Special Flood Hazard Areas designated as Approximate Zone A and established in
Section 7-5.3(B), where no Base Flood Elevation (BFE) data has been provided by FEMA, the following
provisions, in addition to Section 7-5.8(A) and (B), shall apply:
No encroachments, including fill, new construction, substantial improvements or new development shall be
permitted within a distance of twenty (20) feet each side from top of bank or five (5) times the width of the
stream, whichever is greater, unless certification with supporting technical data by a registered professional
engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
(B) The BFE used in determining the Regulatory Flood Protection Elevation shall be determined
based on one of the following criteria set in priority order:
1) If Base Flood Elevation (BFE) data is available from other sources, all new construction and
substantial improvements within such areas shall also comply with all applicable provisions of
this Ordinance and shall be elevated or floodproofed in accordance with standards in Section
9-7.3 (11 & 12).
2) All subdivision, manufactured home park and other development proposals shall provide Base
Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty
(50) lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by
reference per Section 7-5.3(B) to be utilized in implementing this Ordinance.
3) When Base Flood Elevation (BFE) data is not available from a Federal, State, or other source as
outlined above, the reference level shall be elevated to or above the Regulatory Flood Protection
Elevation, as defined in Section 2-1.6.
(Amd. of 5-17-07)
7-5.10. Standards for Riverine Floodplains with BFE but Without Established Floodways or
Non -Encroachment Areas.
Along rivers and streams where BFE data is provided but neither floodway nor non -encroachment areas
are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements
shall apply to all development within such areas:

(A) Standards outlined in Sections 7-5.8(A) and (B); and
(B) Until a regulatory floodway or non -encroachment area is designated, no encroachments,
including fill, new construction, substantial improvements, or other development, shall be
permitted unless certification with supporting technical data by a registered professional engineer
is provided demonstrating that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within the community.
(Amd. of 5-17-07)
7-5.11. Floodways and Non -Encroachment Areas.
Areas designated as floodways or non -encroachment areas are located within the Special Flood Hazard
Areas established in Section 7-5.3(B). The floodways and non -encroachment areas are extremely hazardous
areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles.
The following provisions, in addition to standards outlined in Sections 7-5.8(A) and (B), shall apply to all
development within such areas:
(A) No encroachments, including fill, new construction, substantial improvements and other
developments shall be permitted unless it has been demonstrated that:
1) The proposed encroachment would not result in any increase in the flood levels during
the occurrence of the base flood, based on hydrologic and hydraulic analyses performed
in accordance with standard engineering practice and presented to the Floodplain
Administrator prior to issuance of Floodplain Development Permit, or
2) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter
of Map Revision (LOMR) must also be obtained upon completion of the proposed
encroachment.
(B) If Section 7-5.11(A) is satisfied, all development shall comply with all applicable flood hazard
reduction provisions of this Ordinance.
(C) No manufactured homes shall be permitted, except replacement manufactured homes in an
existing manufactured home park or subdivision, provided the following provisions are met:
1) The anchoring and the elevation standards of Section 7-5.8(B)(3); and
2) The no encroachment standard of Section 7-5.11(A).
(D) Permitted Uses: The following uses shall be permitted within the floodway zone to the extent
that they are otherwise permitted by this Ordinance and provided that they do not employ
structures or fill except as specified herein:
1) General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife
sanctuary, game farm, and other similar agricultural, quarrying, wildlife and related uses;

2) Ground level loading areas, ground level automobile parking areas, rotary aircraft ports
and other similar industrial and commercial uses;
3) Tractor -trailer parking, provided that no trailers shall be detached from tractors;
4) Lawns, gardens, play areas, and other similar uses;
5) Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks,
swimming pools, hiking or horseback riding trails, open space and other similar private
and public recreational uses;
6) Streets, bridges, utility lines, storm drainage facilities, sewage or waste treatment
facilities, water supply facilities, and other similar public or private utility uses, but only
if the proposed activity combined with the allowable encroachment of the floodway
fringe and with any previously placed or previously approved encroachment in the
complies with the provisions of Section 7-5.11(A);
7) Temporary facilities such as displays, circuses, carnivals, or similar transient amusement
enterprises;
8) Boat docks, ramps, piers, or similar structures;
9) Grading, as it complies with the provisions of Section 7-5.11(A); and
10) Cantilevered portions of structures, provided that foundation and supports are located
outside the floodway zone and the underside of the cantilevered portion is at least two (2)
feet above Base Flood Elevation.
(E) Prohibited Uses: Storage or processing of materials that are flammable, corrosive, toxic, or
explosive, or which could otherwise be injurious to human, animal or plant life in time of flood
is prohibited in the floodway zone.
(Amd. of 5-17-07)