Last Updated 08/19/2026
Excerpt from Lexington Municipal Code
Chapter 15- Stormwater
Sec 1.3 Purpose
The purpose of these regulations is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment; as well as illegal discharges into municipal stormwater systems. It has been determined that proper management, or Best Management Practices (BMPs), of construction-related and post-development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources.
Sec 1.10 NCDEQ Stormwater BMP Design Manual
The stormwater administrator shall use the policy, criteria, and information, including technical specifications and standards, in the NCDEQ Stormwater BMP Design Manual, or design manual, as the basis for decisions about stormwater management permits and about the design, implementation and performance of structural and non-structural stormwater BMPs. The NCDEQ Stormwater BMP Design Manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the phase II laws.
Sec 3.6 Standards for stormwater control measures
3.6.1 Evaluation according to contents of the design manual.
All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under these regulations shall be evaluated by the stormwater administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the design manual. The stormwater administrator shall determine whether proposed BMPs will be adequate to meet the requirements of these regulations.
3.6.2 Determination of adequacy; presumptions and alternatives.
Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the NCDEQ Stormwater BMP Design Manual will be presumed to meet the minimum water quality and quantity performance standards of these regulations. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the design manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of these regulations. The stormwater administrator may require the applicant to provide the documentation, calculations, and examples necessary for the stormwater administrator to determine whether such an affirmative showing is made.
3.6.3 Separation from seasonal high water table.
For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least twelve (12) inches of naturally occurring soil above the seasonal high-water table.
Sec 4.1 General standards for maintenance
4.1.2 Annual maintenance inspection and report. The person responsible for maintenance of any structural BMP installed pursuant to these regulations shall submit to the stormwater administrator an inspection report from one (1) of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or person certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following items:
(1) The name and address of the land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by these regulations; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
4.1.3 All inspection reports shall be on forms supplied by the stormwater administrator. An original inspection report shall be provided to the stormwater administrator beginning one (1) year from the date of the as-built certification and each year thereafter on or before January 1st (or the next available workday).
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Frequently Asked Questions
What post-construction stormwater regulations apply to properties in Lexington, North Carolina?
Properties in Lexington are governed by Chapter 15 of the Lexington Municipal Code, enforced by the stormwater administrator, and BMP design must comply with the NCDEQ Stormwater BMP Design Manual.
Do I need to submit an annual inspection report for my stormwater BMP in Lexington?
Yes. The person responsible for maintaining a structural BMP must submit an inspection report to the stormwater administrator every year.
Who is qualified to inspect my stormwater BMP in Lexington?
A registered North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or a person certified by the North Carolina Cooperative Extension Service can prepare the report.
What has to be included in my stormwater inspection report in Lexington?
The report must include the landowner’s name and address, the recorded book and page number of the BMP’s lot, confirmation that all structural BMPs were inspected, the inspection date, a statement that the BMPs are performing properly and complying with the approved maintenance agreement, and the original signature and seal of the qualified professional.
Do I need a maintenance agreement for my stormwater BMP in Lexington?
Yes. Inspection reports must confirm compliance with an approved maintenance agreement required under the city’s regulations, though the specific terms of that agreement aren’t detailed in the public ordinance excerpt.
How can AQUALIS help with post-construction stormwater compliance in Lexington?
AQUALIS coordinates the qualified professional inspections Lexington requires, prepares annual inspection reports that meet the January 1st deadline, and confirms maintenance agreement terms and BMP design compliance directly with the stormwater administrator.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
