Regulations

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Post-Construction Stormwater Control Ordinance (PCSO)

Charlotte Metro, North Carolina

Post-construction stormwater regulations in Charlotte and Mecklenburg County are designed to protect local streams, lakes, and water quality from the impacts of land development and impervious surfaces. These regulations, known as Post-Construction Stormwater Ordinances (PCSOs), were developed through an extensive stakeholder process and incorporate scientific data and cost analysis.

The key aspects of the PCSOs include:

  1. Division of the region into watershed districts based on environmental priorities that warrant greater protection in specific areas.

  2. Three main requirements for new developments:

    • Controlling the volume and rate of stormwater runoff to minimize impacts to water quality and quantity.
    • Implementing structural Best Management Practices (BMPs) or Stormwater Control Measures (SCMs) to treat stormwater before it is discharged.
    • Ensuring the long-term maintenance of these BMPs/SCMs after development is complete.

The City of Charlotte and the towns within Mecklenburg County have customized the PCSO to fit their specific needs, but they all share a similar base and intention that was developed through the regional stakeholder process.

For example, the City of Charlotte has incorporated additional requirements, such as:

  • Dividing the city into watershed districts with varying levels of protection.
  • Requiring developers to submit a Stormwater Management Plan for review and approval.
  • Mandating the use of specific BMPs/SCMs based on the watershed district.

The overall goal of these post-construction stormwater regulations is to minimize the impacts of land development on the local water resources, protect public and private property from flooding, and ensure the long-term maintenance of stormwater infrastructure.

Empowered by the NC State legislature, Charlotte-Meckleburg Stormwater Services has been granted the authority to formulate and implement ordinances that address specific community needs while adhering to federal and state stipulations. This collaborative approach enables responsive governance, allowing communities to tailor their regulations in alignment with local requirements and overarching legislative mandates.

Sec. 18-211. Enforcement—Inspections and investigations.

(a) Authority to inspect and investigate. The stormwater administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this article, or rules or orders adopted or issued pursuant to this article, and to investigate to determine whether the activity is being conducted in accordance with this article and the approved stormwater management plan, design manual and administrative manual and whether the measures required in the plan are effective. The stormwater administrator shall also have the power to require written statements, or the filing of reports under oath as part of an investigation.

(b) No person shall resist, delay, obstruct, hamper or interfere with the stormwater administrator while the stormwater administrator is inspecting and/or investigating or attempting to inspect and/or investigate an activity under this article. The stormwater administrator, to the extent permitted by law, may seek the issuance of a search warrant to determine compliance with this article.

(c) Inspection and/or investigation frequency. The inspections and investigations outlined above in subsection (a) may be conducted or established on any reasonable basis, including but not limited to: routine inspections and/or investig investigations based upon complaints or other notice of possible violations; and joint inspections and/or investigations with other agencies inspecting and/or investigations under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.

Sec. 18-212. Violations and enforcement.

(a) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this article, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this article, is unlawful and shall constitute a violation of this article.

(b) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this article, as well as any person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this article, or fails to take appropriate action, so that a violation of this article results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use, development or redevelopment of the property on which the violation occurs shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. For the purposes of this article, responsible person(s) shall include but not be limited to:

(1) Person maintaining condition resulting in or constituting violation. Any person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this article, or fails to take appropriate action, so that a violation of this article results or persists.

(2) Responsibility for land or use of land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property.

(c) Notice of violation and order to correct. If, through inspection and/or investigation, it is found that any building, structure, or land is in violation of this article, the stormwater administrator shall notify in writing the responsible person/entity. The notice may be served by any means authorized under G.S. 1A-1, rule 4, or other means reasonably calculated to give actual notice. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation occurred or is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. The notice shall, if required, specify a date by which the responsible person/entity must comply with this article, and advise that the responsible person/entity is subject to remedies and/or penalties or that failure to correct the violation within the time specified will subject the responsible person/entity to remedies and/or penalties as described in section 18-213. In determining the measures required and the time for achieving compliance, the stormwater administrator shall take into consideration the technology and quantity of work required, and shall set reasonable and attainable time limits.

If a violation is not corrected within a reasonable period of time, as provided in the notification, the stormwater administrator may take appropriate action, as provided in section 18-213, to correct and abate the violation and to ensure compliance with this article.

(d) Extension of time. A responsible person/entity who receives a notice of violation and correction order, or the owner of the land on which the violation occurs,may submit to the stormwater administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the responsible person/entity requesting the extension, the stormwater administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding 60 days. The stormwater administrator may grant 30 day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the responsible person/entity violating this article. The stormwater administrator may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order.

(e) Emergency enforcement. If a violation seriously threatens the effective enforcement of this article or poses an immediate danger to the public health, safety, or welfare or the environment, then the stormwater administrator may order the immediate cessation of a violation. Any person so ordered shall

Quick Links:

https://www.charlottenc.gov/Services/Stormwater

https://www.charlottenc.gov/Services/Stormwater/Stormwater-Regulations

https://regionalstormwater.org/

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