By what short title may Article 4 of Chapter 113A of the North Carolina General Statutes be cited?
Based on: NCGS 113A-50 (Short title)
NC Contractor Business & Law Exam · Erosion Control
NC Erosion and Sedimentation Control: Plans, Ground Cover and Penalties (2026)
When a North Carolina project disturbs the land, the Sedimentation Pollution Control Act of 1973 controls how you keep soil on the site. That Act is Article 4 of Chapter 113A (NCGS 113A-50), and its purpose under NCGS 113A-51 is to set minimal mandatory standards so development can continue with the least detrimental effect from sedimentation, which the findings say comes principally from construction sites and road maintenance. The Act is administered by the North Carolina Sedimentation Control Commission and the Department of Environmental Quality. You can read the full Article at ncleg.gov under Chapter 113A.
Practice
Free practice questions
According to the stated purposes of the Sedimentation Pollution Control Act, what kind of standards does the Act provide for adopting to permit development to continue with the least detrimental effects from sedimentation pollution?
Based on: NCGS 113A-51 (Purposes)
The legislative findings behind the Act identify sedimentation as occurring principally from which sources?
Based on: NCGS 113A-51 (Purposes)
What type of meeting does the Act express an intention to hold among the affected parties, subject to the availability of staff?
Based on: NCGS 113A-51 (Purposes)
How does the Sedimentation Pollution Control Act define a land-disturbing activity?
Based on: NCGS 113A-52 (Definition of land-disturbing activity)
Under the Act's definitions, what is meant by erosion?
Based on: NCGS 113A-52 (Definition of erosion)
How does the Act define sediment?
Based on: NCGS 113A-52 (Definition of sediment)
Under the Act, what does the term tract mean?
Based on: NCGS 113A-52 (Definition of tract)
How does the Act define working days?
Based on: NCGS 113A-52 (Definition of working days)
Which of these best reflects how the Act defines a person for purposes of the Sedimentation Pollution Control Act?
Based on: NCGS 113A-52 (Definition of person)
Definitions, exemptions and what triggers a plan
The Act defines its terms in NCGS 113A-52. A land-disturbing activity is any use of the land that changes the natural cover or topography and may cause or contribute to sedimentation. Erosion is the wearing away of the land surface by wind, water, gravity or any combination of these, and sediment is the solid particulate matter, mineral and organic, that has been transported from its site of origin. A tract is all contiguous land and bodies of water being disturbed as a unit, regardless of ownership, which is why a single project on multiple deeds is measured together. Not everything is covered: NCGS 113A-52.01 exempts agricultural production, forestry activity conducted under the Forest Practice Guidelines Related to Water Quality, land-disturbing activity permitted under the Mining Act of 1971, wetland restoration and, for the duration of an emergency, activity essential to protect human life. The trigger for a formal erosion and sedimentation control plan is the one-acre threshold in NCGS 113A-57(4): a plan is required for a land-disturbing activity that uncovers more than one acre, and it must be filed at least 30 days before the activity begins.
- Agricultural production activity is exempt (NCGS 113A-52.01).
- Forestry under the Forest Practice Guidelines is exempt (NCGS 113A-52.01).
- Activity permitted under the Mining Act of 1971 is exempt (NCGS 113A-52.01).
- Emergency activity essential to protect human life is exempt (NCGS 113A-52.01).
The mandatory standards on the ground
The heart of the Act for a working contractor is the set of mandatory standards in NCGS 113A-57. Ground cover is the one candidates remember: NCGS 113A-57(2) requires ground cover sufficient to restrain erosion within 21 calendar days after any phase of grading is complete, and the required treatment is tied to the slope. NCGS 113A-57(3) then requires permanent ground cover once the activity is finished and requires a sediment retention device on projects over one acre so soil does not leave the site. Buffer protection under NCGS 113A-57(1) applies along watercourses, with heightened protection for trout waters, though a temporary disturbance of a trout-water buffer is addressed in the same subsection. The plan itself is reviewed on a clock: NCGS 113A-54.1 gives the reviewing authority 30 days to approve or disapprove a plan, provides that a plan is deemed approved if it is not acted on in time, gives the applicant a 15-day rule for a revised plan, and requires written reasons for any disapproval. Self-inspection and record retention duties also live in NCGS 113A-54.1.
Inspection, stop-work orders and penalties
Compliance is enforced through inspection and penalties. NCGS 113A-61.1 gives inspectors a right of entry, prohibits obstruction, and provides for assistance on a first offence and a notice of violation, along with a silt-fence safe harbour. When the situation is serious, NCGS 113A-65.1 authorises a stop-work order, but only on defined grounds such as a knowing and wilful violation or work with no approved plan, and the order runs for a maximum of five days, with limited deliveries permitted and a path to rescission. Financial penalties are set by NCGS 113A-64: there is a maximum civil penalty for each day of a continuing violation, with each day treated as a separate violation, a cumulative cap, a 30-day window to contest a penalty and a three-year limit on filing, and the statute lists the factors used to size a penalty. NCGS 113A-64(b) provides for criminal penalties in the most serious cases. Local governments run many of these programs under NCGS 113A-54 and NCGS 113A-61, with the Soil and Water Conservation District given a review role.
| Requirement | North Carolina standard (statute) |
|---|---|
| Plan required when disturbance exceeds | One acre (NCGS 113A-57(4)) |
| File the plan before starting | At least 30 days before the activity begins (NCGS 113A-57(4)) |
| Provide ground cover within | 21 calendar days after a grading phase (NCGS 113A-57(2)) |
| Sediment retention device required | On projects over one acre (NCGS 113A-57(3)) |
| Stop-work order maximum duration | Five days (NCGS 113A-65.1(d)) |
| Plan review deadline | 30 days, or deemed approved (NCGS 113A-54.1) |
FAQ
Frequently asked questions
When is an erosion control plan required in North Carolina?
In North Carolina, NCGS 113A-57(4) requires an erosion and sedimentation control plan for a land-disturbing activity that uncovers more than one acre, and the plan must be filed at least 30 days before the activity begins. Under NCGS 113A-54.1 the reviewing authority then has 30 days to act, and a plan is deemed approved if it is not acted on in time.
What is the 21-day ground cover rule in North Carolina?
In North Carolina, NCGS 113A-57(2) requires ground cover sufficient to restrain erosion within 21 calendar days after any phase of grading is complete, with the treatment tied to the slope. NCGS 113A-57(3) then requires permanent ground cover once the land-disturbing activity is finished and a sediment retention device on projects over one acre.
What is North Carolina's erosion control law called?
In North Carolina, Article 4 of Chapter 113A may be cited as the Sedimentation Pollution Control Act of 1973 under NCGS 113A-50. Its purpose under NCGS 113A-51 is to adopt minimal mandatory standards so development can proceed with the least detrimental effect from sedimentation, which the Act identifies as coming principally from construction sites and road maintenance.
Which activities are exempt from North Carolina's Sedimentation Pollution Control Act?
In North Carolina, NCGS 113A-52.01 exempts agricultural production, forestry conducted under the Forest Practice Guidelines Related to Water Quality, land-disturbing activity permitted under the Mining Act of 1971, wetland restoration, and activity essential to protect human life during an emergency. Everything else that disturbs the land can be reached by the Act.
How long can a stop-work order last in North Carolina?
In North Carolina, NCGS 113A-65.1 authorises a stop-work order for a maximum of five days, and only on defined grounds such as a knowing and wilful violation or land-disturbing work with no approved plan. The order allows limited deliveries and can be rescinded, while daily civil penalties for continuing violations are set separately by NCGS 113A-64.