§ 153A-454. Stormwater control.
§ 153A‑454. Stormwatercontrol.
(a) A county may adoptand enforce a stormwater control ordinance to protect water quality and controlwater quantity. A county may adopt a stormwater management ordinance pursuantto this Chapter, other applicable laws, or any combination of these powers.
(b) A federal, State,or local government project shall comply with the requirements of a countystormwater control ordinance unless the federal, State, or local governmentagency has a National Pollutant Discharge Elimination System (NPDES) stormwaterpermit that applies to the project. A county may take enforcement action tocompel a State or local government agency to comply with a stormwater controlordinance that implements the National Pollutant Discharge Elimination System(NPDES) stormwater permit issued to the county. To the extent permitted byfederal law, including Chapter 26 of Title 33 of the United States Code, acounty may take enforcement action to compel a federal government agency tocomply with a stormwater control ordinance.
(c) A county mayimplement illicit discharge detection and elimination controls, constructionsite stormwater runoff controls, and post‑construction runoff controlsthrough an ordinance or other regulatory mechanism to the extent allowableunder State law.
(d) A county that holdsa National Pollutant Discharge Elimination System (NPDES) permit issuedpursuant to G.S. 143‑214.7 may adopt an ordinance to establish thestormwater control program necessary for the county to comply with the permit.A county may adopt an ordinance that bans illicit discharges. A county mayadopt an ordinance that requires (i) deed restrictions and protective covenantsto ensure that each project, including the stormwater management system, willbe maintained so as to protect water quality and control water quantity and(ii) financial arrangements to ensure that adequate funds are available for themaintenance and replacement costs of the project. (2006‑246, s. 17(a).)