An erosion control permit is needed from the City when the site disturbance is over 0.5 acre for commercial developments or over 1.0 acre for single-family residences. If your site is over 1.0 acre, you have to file for an erosion control permit with the City and an NCG01 Permit with the North Carolina Department of Environmental Quality. Visit our Erosion & Sedimentation page for more info.
The Engineering Department's jurisdiction for Erosion Control and Stormwater is only within city limits. Anything in the ETJ will need to be permitted through NCDEQ.
While you are not required to obtain an erosion control permit if you are under the site disturbance threshold, it is highly recommended that you submit a financial responsibility form so we know who to contact if there are any erosion issues from your site. Sites under the threshold are not required to pay the related application fees.
The landowner, the financially responsible party, or the landowner's financially responsible party's agent shall inspect the area covered by the plan after each phase of the plan has been completed and after the temporary ground cover has been established.
If, through inspection, it is determined that a person engaged in land-disturbing activity has failed to comply with The Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or has failed to comply with an approved plan, a notice of violation shall be served upon that person by registered or certified mail or other means reasonably calculated to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. However, no time period for compliance needs to be given for failure to submit an erosion control plan for approval or for obstructing, hampering, or interfering with an authorized representative while carrying out his official duties. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action shall be initiated.
Notice of violation; civil penalties. Any person who violates this ordinance, or who initiates or continues a land-disturbing activity for which an erosion control plan is required other than in accordance with the terms, conditions, and provisions of an approved erosion control plan, is subject to fees as provided in the city's annual fee schedule.
Any activity that disturbs greater than one acre of land to establish, expand, or replace a single-family or duplex residential development or recreational facility. For individual single-family residential lots of record that are not presently part of a larger common plan of development or sale by the lot owner, the activity must also result in greater than ten (10) percent built-upon area. Any activity that disturbs more than one-half (½) acre of land in order to establish, expand, or modify a multi-family residential development or a commercial, industrial, institutional, or any other non-residential facility. Projects meeting the criteria listed above that replace or expand existing structures or improvements and that do not result in a net increase in built-upon area are not required to comply with this rule.
A riparian buffer is an area of trees, shrubs, or other forest vegetation that is adjacent to surface waters. Surface water shall be present if the feature is approximately shown on either the most recent version of the county soil survey report prepared by the Natural Resources Conservation Service or the most recent version of the 1:24,000 scale (7.5 min) quadrangle topographic maps prepared by the United States Geological Survey. These surface waters are also known as "Blueline Streams." Riparian buffers adjacent to features that do not appear on either of these maps shall not be subject to this chapter, except those areas determined by the stormwater administrator to be environmentally sensitive, shall be protected. Even though the City resides in the Tar Pamlico and Roanoke basins, the current stormwater ordinance applies to both basins within the City limits. A 50-foot-wide riparian buffer shall be maintained directly adjacent to all perennial and intermittent streams, including lakes, ponds, and other bodies of water.
A minimum of eighty-five percent (85) average annual removal for Total Suspended Solids (TSS) through the use of any combination of structural or non-structural BMPs. Nitrogen and Phosphorus export standards: All development that meets the requirements of this division must limit nitrogen export to 4.0 pounds per acre per year (lbs/ac/yr) and phosphorus export to 0.4 pounds per acre per year (lbs/ac/yr). This may be achieved through the construction of allowable onsite or offsite stormwater management facilities, participation in an approved "regional" or "jurisdictional-wide" facility or strategy, dedication of "open space" and/or "conservation" easements. Pay a one-time offset payment using the latest nitrogen and phosphorus offset payment calculations and fee as specified in the Nutrient Offset Payments Rule. The development shall not result in an increase in peak stormwater runoff leaving the site from the pre-development conditions for the one-year-24-hour storm event. Runoff volume drawdown time shall be a minimum of twenty-four (24) hours, but no more than one hundred twenty (120) hours depending on the type of BMP used.
The overall impervious surface area is less than fifteen (15) percent of the total site and the remaining pervious portions of the site are utilized to the maximum extent practical to convey and control the stormwater runoff; and the increase in peak flow between the pre-development and post-development conditions does not exceed ten (10) percent; or the director of engineering makes a determination that stormwater detention at this particular location will increase flooding, accelerate erosion or negatively impact existing drainage problems in the area. In such cases, an alternate method of peak attenuation management may be required.
Yes, partial buy-downs are possible; however, you must have to use a primary Stormwater Control Measure, and you will have to buy down whatever you cannot treat.
Post-construction permits are required for all projects that require a stormwater permit. The permit shall replace the stormwater permit upon final acceptance of the stormwater system for the project. No lapse of permit coverage is allowed. The permit must be maintained for the life of the development or unless significant modifications in the development are made that change the intent of the permit. Significant changes may include, but are not limited to, an increase in the amount of impervious coverage or updates/modifications to the stormwater conveyance system. The developer/owner shall notify the city of the proposed changes, and the stormwater administrator shall determine if such changes warrant an amendment to the approved permit or issuance of a new permit entirely.
Conveyance of the property containing the SCM system shall not terminate the original developer's obligations under this division and shall remain in effect with the future property owner.
The minimum size for new watermains is 8 inches.
Please view this document for water capacity values.
A backflow prevention device is a mechanical apparatus designed to protect potable water supplies from contamination or pollution due to backflow. Backflow occurs when the normal direction of water flow reverses, potentially allowing contaminants from non-potable sources to enter the clean water supply.
The City of Henderson has contracted with Backflow Solutions, Inc. (BSI), a leading backflow data management firm, to simplify and improve the test reporting process. All backflow test reports must now be submitted through BSI Online, an easy-to-use online tracking system. The City will no longer accept test reports directly; BSI Online will serve as the primary point of contact for the program. Backflow and cross connection control devices must be tested annually by a certified tester and reported back to BSI Online for approval.
The City of Henderson is required to comply with the EPA’s recent revisions to the Lead and Copper Rule. Such revisions require utilities to maintain an inventory of water service lines within their service area, create a lead sampling plan for all schools in the utility’s service area, and provide public education regarding the presence and hazards associated with lead in drinking water. Please visit the S.A.F.E. Tap Initiative for more information.
Please download and review this document.
Explanation of Permitting Scenarios
Any building sewer documented by the local building inspector to be in compliance with the NC State Plumbing Code is deemed to be permitted pursuant to GS 143-215.1(d) and it shall not be necessary for the Division to issue individual permits for the construction or operation of such.
A single building has more than two building drains that join beyond 10 feet outside the building wall. A permit from the Division is necessary from the point where the two drains join, as this is no longer considered a building sewer (because the line now serves more than one building drain).
Two separate buildings each have a single building drain that joins together. A permit from the Division is necessary from the point where the two drains join, as this is no longer a building sewer (because the line serves more than one building). This is similar to Scenario 1 with a different configuration.
A single structure is separated by a four-hour fire-wall. It is now considered two separate buildings according to 15A NCAC 2H .0203. A permit from the Division is necessary from the point at which the two building drains join together because the line now serves more than one building and can not be considered a building sewer.
A single structure is separated by a four hour fire-wall. It is now considered two separate buildings according to 15A NCAC 2H .0203. A permit from the Division is necessary from the point at which the two building drains join together, even if it is within the 10-foot boundary of the building. This is similar to Scenario 3 with a different configuration.
A single building has multiple building drains. If all the drains connect within the 10-foot boundary of the building wall into one building sewer leaving the building, an individual permit from the Division is not necessary (must be approved by the local building inspector). However, an individual permit from the Division is necessary where a single building has multiple building sewers connected into one sewer line outside of the 10-foot building boundary.
A permit from the Division is necessary for this single-building sewer because it traverses over adjoining property.
A permit from the Division is necessary for this single-building sewer because it travels along a highway right-of-way. The Division interprets this definition for sewer lines traveling along any right-of-way (street, road, highway, etc.).
The minimum size for new public sewer mains is 8 inches.
Driveway access permits are needed if a citizen/resident needs to install a second or brand new driveway access to city or state roads. Please contact Development Services for the application.
Please contact the Engineering Department for water and sewer inquiries. Contact
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By using their system, you can sign up for notifications on the status of the repairs that Duke are preforming to the light.