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Stormwater, Erosion, and Riparian Buffer Program - FAQs

 

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Stormwater

Who maintains the stormwater pond in my subdivision?

  • Usually there is an HOA or covenant put in place to appoint a company or individual to maintain the pond. The Declaration of Covenants for the subdivision should specify who is responsible for maintenance.

Can I capture stormwater from my roof and use it?

 

Impervious Surface

For the Impervious Surface Overage Policy for Homeowners, see this page.  For homebuilders and new construction, see this page.

What is impervious area or built-upon area?

  • Impervious surfaces/built upon areas include all hardened or impervious surfaces that prevent rainfall from soaking into the soil. The following surfaces are NOT considered impervious surfaces and do NOT have to be included in the built upon area for your lot:
    •  a slatted deck;
    • the water area of a swimming pool;
    • a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric;
    • a trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour);
    • landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle;
    • Artificial turf, manufactured to allow water to drain through the backing of the turf, and installed according to the manufacturer's specifications over a pervious surface.

Where can I find my impervious area limit?

  • Impervious area limits can be found on your plat or covenants.  If there is no limit listed, the lot does not have an impervious surface limit.

Where can I find my plat?

How is the impervious area determined for my lot?

  • The impervious limit for each lot is set by the developer of each subdivision with the assistance of their private engineer. Most often, subdivisions are designed with a certain amount of impervious surface allowed for the whole subdivision. This includes all roads, mail kiosks, lots, etc. Once the roads and other infrastructure are subtracted from the total, the remainder is usually divided evenly among the lots, which can lead to larger lots having the same limit as a smaller lot. 

The existing property is already over the impervious area limit, what do I do?

  • If the existing property already exceeds the impervious limit nothing further needs to be done. If a future addition that requires a building permit is added, only the new impervious area being added will need to be addressed, not any existing overages.

I want to sell/buy a property that is over the impervious area limit. Will I get in trouble with the County?

  • No, nothing further needs to be done. If a future addition that requires a building permit will be added, only the new impervious area addition will need to be addressed, not any existing overages.

I want to add a patio, parking pad, other addition that does not require a building permit, what do I need to do?

  • If a building permit is not required for the addition, nothing further needs to be addressed for stormwater. Please contact your HOA to see if they will require anything.

Does Flowers Plantation have a limit?

  • Flowers Plantation is not under the County’s stormwater jurisdiction, so you will need to contact their main office and your HOA to see if there are any restrictions on your property.

 

Streams and Buffers

For additional reference, the Riparian Buffer webpage can be found here.

How do I know if a stream is regulated/jurisdictional?

What is a riparian buffer?

  • A riparian buffer is an area of vegetation that surrounds a body of water, such as a stream, lake, or pond.  This area typically extends 50 feet from the bank of the water body and has several restrictions on what activities can be done within it.  Look at this brochure for more information.

How do I know if a stream is buffered?

How do I know if I have a riparian buffer on my property?

  • If your lot is part of a subdivision developed after 1997, your subdivision plat will have riparian buffers identified on it if they apply. If your property is not part of a subdivision and/or you have a stream or pond on it, contact the Public Utilities Department for more information.

Can I pipe or move the stream?

Can I do anything in the riparian buffer zone?

 

Wetlands

What are wetlands?

  • From the EPA: Wetlands are areas where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season. Water saturation (hydrology) largely determines how the soil develops and the types of plant and animal communities living in and on the soil. Wetlands may support both aquatic and terrestrial species. The prolonged presence of water creates conditions that favor the growth of specially adapted plants (hydrophytes) and promote the development of characteristic wetland (hydric) soils.

How do I know if I have a wetland on my property?

Are there any regulations/restrictions on wetlands?

Where can I get permits for performing regulated activities in wetlands?

 

Drainage Issues

Why is my yard wet?  Why is there standing water in my ditches?

  • Drainage issues or high water tables can be caused by several factors that may or may not be solvable.  These may include the amount and frequency of rain fall, naturally high water tables, soil type, proximity to wetlands or waterbodies, location in relation to a flood plain, improper grading, soil compaction, poorly maintained drainage swales, removal of trees, etc.

How can I fix a drainage problem?

  • This really depends on the cause of the drainage issue, but the best solution for most solvable issues is to ensure drainage swales, downspouts, culverts, and storm drain inlets are free of obstructions and properly maintained or to regrade the problematic area.  Planting vegetation, especially trees, may help as plants take up water through their roots.  However, make sure planted vegetation doesn’t block the flow of water.
  • For severe drainage issues, it would be best to hire an engineer or qualified landscaper to design a solution.

Who maintains roadside ditches and drainage on my lot?

  • Ditches on private property are maintained by the Homeowner’s Association or the property owner.
  • NCDOT maintains roadside ditches on state-owned roads. For concerns or questions about roadside ditches, please contact the NCDOT Maintenance yard.  To find out if your road is state-maintained, use the Secondary Roads Database Lookup.

Who is responsible for maintaining drainage easements?

  • Individual property owners are responsible for the maintenance of any portion of a recorded drainage easement that is located on their property. For example, if a 20' drainage easement is located straight down a property line, each property owner is responsible for the 10' of the easement that is on his or her property. Easement issues are a private civil matter.

Does the county maintain channels?

  • The County doesn’t maintain any drainage, including, but not limited to, channels, pipes, ditches, etc.

If a neighbor is affecting the drainage on my lot, what can I do?

  • Complaints related to stormwater runoff flowing from one property onto a lower property are considered a private civil matter.
  • Drainage Law in North Carolina is based on Common Law and court precedent. The law states that the person on the lower property must receive and pass the water from the higher property. Also, specific statutes (such as NC G.S. 77-14) prohibit the blockage of streams, drainageways and easements that remove water from higher elevations.  This is considered a private civil matter.

 

Erosion

What is erosion?

  • Erosion is a natural process whereby water or wind moves soil.  It most often occurs when soil is loose or bare.

How can I fix eroded spots on my property?

  • Eroded spots should be stabilized with stone or vegetation as soon as possible.  Some fill or topsoil may need to be added before seeding.

How can I prevent further or future erosion?

  • To prevent erosion, it is important to keep areas stabilized.  Make sure any bare soil is covered with stone or vegetation, and keep vegetation alive in all potential trouble areas.  Mowing too low or spraying herbicides in areas with steep slopes or in areas where water drains can increase erosion because dead vegetation will not be able to hold soil together well.

If a neighbor is causing sediment to come onto my lot, or is doing something that causes erosion on my lot, what can I do?

  • Complaints related to erosion and sedimentation from one property onto another property are considered a private civil matter.

 

Beavers

What can I do if beavers are causing issues on my property?

 

Miscellaneous

The County Stormwater Program does not have jurisdiction over some issues.  For questions regarding the following, contact the indicated party.

For maintenance of public roadways, including right-of-way areas, roadside ditches, and culverts, contact the NC Dept. of Trasportation.

For Erosion Control within town limits and ETJs, contact the NC Dept. of Environmental Quality.

For stormwater control within town limits and ETJs other than Benson and Archer Lodge, contact the respective town goverment.

For lot-level stormwater (impervious limit overages) within town limits, ETJs, or Flowers Plantation, contact the respective town government or Flowers Plantation.

For clearing land for timber operations, contact the NC Forest Service.

For agricultural operations, contact Johnston County Soil and Water.

Page last updated:  April 17, 2026