Last Updated 08/19/2026
Excerpt from Wayne County Code of Ordinance
Article III. -Stormwater Ordinance
Sec. 78-61. – Purpose.
(a) This article is adopted for the purposes of:
(1) Protecting the public health, safety and welfare by controlling the discharge of pollutants into the stormwater conveyance system (stormwater ditches);
(2) Promoting activities directed toward the maintenance and improvement of surface water and groundwater quality;
(3) Satisfying the requirements imposed upon the county by the Neuse Stormwater Rule; and
(4) Establishing administration and enforcement procedures through which these purposes can be fulfilled.
(b) The provisions of this article are supplemental to regulations administered by federal and state governments.
Sec. 78-93. – Nutrient reduction requirements.
New development/land disturbance. Any person who proposes to engage in new development or land disturbing activity as defined in this section shall obtain a development permit from the planning department. Each development permit issued shall become invalid if the work authorized by it has not been commenced within six months of the date of issuance, or if the work authorized by it is suspended or abandoned for a period of one year (unless the planning board determines that the delay was beyond the control of the person, corporation, or other entity). As defined in section 78-60, new development or land disturbance is:
(1) Any grubbing, stump removal and/or grading activity that disturbs greater than one acre of land in order to establish, expand or modify a single family or duplex residential development or a recreational facility.
(2) Any grubbing, stump removal and/or grading activity that disturbs greater than one-half acre of land in order to establish, expand or modify a multifamily residential development or a commercial, industrial or institutional facility.
Sec. 78-97. – Maintenance of best management practices.
All best management practices that are implemented to achieve nitrogen reduction and flow attenuation will require a maintenance plan. Division 3 of this article details the provisions for the long-term maintenance plan for structural best management practices (BMPs).
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Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in Wayne County?
Post-construction stormwater management covers the ongoing maintenance of the best management practices installed on your property to control nitrogen and stormwater flow, as required under Wayne County’s stormwater ordinance and the state’s Neuse Stormwater Rule. If your property in Wayne County has structural BMPs on site from an original development or redevelopment permit, those systems come with a continuing obligation to keep functioning as designed. AQUALIS provides full post-construction stormwater management for property owners across Wayne County, so BMPs stay compliant long after the original project is finished.
Do I need a maintenance plan for my stormwater BMP in Wayne County?
Yes. Wayne County’s ordinance requires that any BMP implemented to achieve nitrogen reduction and flow attenuation have a maintenance plan in place, and property owners are responsible for carrying out that plan over the long term under the ordinance’s structural BMP provisions. Many property owners are unaware this obligation continues well after a project receives its final approval. AQUALIS develops and manages these maintenance plans for Wayne County property owners, so the plan on file matches what is actually happening on the ground.
Why does Wayne County regulate stormwater differently because of the Neuse Stormwater Rule?
Wayne County falls within the Neuse River basin, which means development and post-construction stormwater practices must also comply with the state’s Neuse Stormwater Rule, a nutrient sensitive waters requirement focused on reducing nitrogen loading into the river system. This adds a layer of nitrogen-focused BMP maintenance on top of standard stormwater quantity and quality control. AQUALIS understands how the Neuse Stormwater Rule applies to Wayne County properties and manages BMP maintenance with that nitrogen reduction requirement specifically in mind.
What size projects triggered stormwater permitting requirements on my Wayne County property?
Under Wayne County’s ordinance, single-family, duplex, and recreational facility projects disturbing more than one acre require a development permit, while multifamily, commercial, industrial, and institutional projects trigger the same requirement at just half an acre of disturbance. If your property was developed under one of these thresholds, the BMPs installed as part of that permit remain subject to ongoing maintenance obligations today. AQUALIS can review your Wayne County property’s permit history to confirm exactly what maintenance requirements still apply.
What happens if the stormwater BMP on my Wayne County property is not maintained?
Failing to maintain a required BMP puts a Wayne County property owner at risk of non-compliance with both the county’s stormwater ordinance and the state’s Neuse Stormwater Rule, which can lead to enforcement action and correction requirements. Because nitrogen reduction BMPs are tied to a broader state water quality mandate, neglected systems tend to draw closer regulatory scrutiny over time. AQUALIS provides non-compliance resolution for Wayne County property owners, correcting maintenance issues and working with the county to bring a property back into good standing.
Who is responsible for stormwater BMP maintenance if I bought a Wayne County property with an existing system?
When a Wayne County property changes hands, the maintenance obligation for any structural BMP on site generally transfers to the new owner along with the property, even if that owner had no involvement in the original permitting or installation. This is one of the most common surprises for buyers of previously developed land in Wayne County. AQUALIS steps in as the party managing this maintenance responsibility, so new owners are not left guessing about what is required.
Where can property owners in Wayne County get help with post-construction stormwater compliance?
Post-construction stormwater compliance in Wayne County involves nitrogen reduction BMP maintenance plans, Neuse Stormwater Rule requirements, and ongoing obligations that carry over through property sales. Managing all of this without dedicated stormwater staff is difficult for most owners. AQUALIS offers complete post-construction stormwater management for Wayne County property owners, covering maintenance planning, inspections, and non-compliance resolution, so owners can meet the county’s requirements without managing the process themselves.
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.
