Regulations
There are numerous rules and regulations that govern how forestry operations must be done in order to protect the quality of our water resources. These regulations come from both the state and federal government, and cover a wide array of topics that are related to forestry. In some cases, the rules apply across the entire state of North Carolina. In other cases, there are regulations that only apply to specific locations.
Additionally, there are situations in which a federal or state regulatory agency has developed written guidance on how to interpret a specific regulation for practical application. These guidance documents, while not technically considered laws, should be carefully considered if you want to undertake the activity that is being discussed.
The information below is not a complete listing of all possible applicable regulations. You should seek assistance from a consulting forester, the N.C. Forest Service, or other natural resources professionals to obtain further advice if you have questions, and you should stay up-to-date on changes to these regulations or the establishment of new laws.
These regulations are explained in further detail within the North Carolina Forestry Best Management Practices Manual to Protect Water Quality.
Statewide
| Name: |
Obstructing Streams a Misdemeanor |
| Source: |
State |
| Reference: |
N.C. General Statute 77-13 |
| Forestry effects: |
This law describes restrictions on obstructing designated waterways. |
| Name: |
Obstructions in Streams and Drainage Ditches |
| Source: |
State |
| Reference: |
N.C. General Statute 77-14 |
| Forestry effects: |
This law describes restrictions on obstructing designated waterways. |
| Name: |
Act to Clarify the Role of Counties and Cities in Regulating Certain Forestry Activities |
| Source: |
State |
| Reference: |
North Carolina General Statutes, Ch.160D—921. |
| Forestry effects: |
Clarifies the role of counties and cities in regulating certain forestry activities; also known as the "Right to practice forestry bill". |
| Name: |
Exemption from Temporary Driveway Permitting for Forestry Operations |
| Source: |
State |
| Reference: |
North Carolina General Statutes Ch. 136-92.1 |
| Forestry effects: |
Exempts forestry and silviculture operations from having to obtain a NCDOT temporary driveway access permit, as long as the outlined conditions are met. |
| Name: |
Oil Pollution and Hazardous Substances Control Act |
| Source: |
State |
| Reference: |
N.C. General Statutes Ch. 143—215.75 et seq. |
| Forestry effects: |
Outlines the required notification and response for a person that owns or has control over petroleum that is discharged into the environment. Specifically, N.C. General Statute Chapter 143—215.85(b) details the expected reporting requirements to the Dept. of Environmental Quality. |
| Name: |
Regulation of Flood Hazard Areas |
| Source: |
State |
| Reference: |
N.C. General Statute Ch. 143—215.54. |
| Forestry effects: |
General forestry uses may occur in a flood hazard area without the need to obtain a floodplain permit. |
| Name: |
Article 57: Nuisance Liability of Agricultural and Forestry Operations. |
| Source: |
State |
| Reference: |
N.C. General Statutes Ch.106—700 to 106—702. |
| Forestry effects: |
It is the purpose of this Article to reduce the loss to the State of its agricultural and forestry resources by limiting the circumstances under which an agricultural or forestry operation may be deemed to be a nuisance. |
RIVERBASIN & WATERSHED BUFFER RULES
| Name: |
Goose Creek Watershed Riparian Buffer Rule |
| Where it applies: |
Designated mapped streams in the watershed drainage area of Goose Creek in Mecklenburg and Union counties. |
| Source: |
State |
| Reference: |
Administrative Code 15A NCAC 02B .0608 |
| Forestry effects: |
Limitations on forestry activities within either a 100-foot or 200-foot wide riparian buffer zone, depending upon location within the floodplain. |
Wetlands
| Name: |
Section 404(f) Silvicultural Exemption; and 15 Required BMPs for Forest Roads in Wetlands and Waters of the U.S. |
| Source: |
Federal |
| Reference: |
33 CFR Part 323.4 - Discharges Not Requiring Permits |
| Forestry effects: |
These 15 BMPs are required in order to remain exempt from having to obtain a Clean Water Act, Section 404 permit for forest roads in wetlands or stream crossings. |
| Name: |
6 Required BMPs for Mechanical Site Prep to Establish Pine in Wetlands of the Southeast |
| Source: |
Federal |
| Reference: |
U.S. Army Corps of Engineers and U.S. Environmental Protection Agency, Joint Memo to the Field |
| Forestry effects: |
This memo describes 6 required BMPs for mechanical silvicultural site prep activities that are undertaken for establishment of pine plantations in the southeast. This memo also outlines those situations in which a Clean Water Act Section 404 permit is required to undertake these same types of activities. |
| Name: |
Guidance for Exempt Maintenance of Drainage Ditches under Section 404 of the Clean Water Act |
| Source: |
Federal |
| Reference: |
USACE & USEPA Joint Agency Memo to the Field, July 2020 (PDF) |
| Forestry effects: |
Maintenance of existing exempted drainage ditches in wetlands is allowable without a permit under Section 404. However, certain conditions must be met. This guidance memo outlines information that should be consulted before undertaking ditch maintenance. |
Federal 4d-Rules and Critical
Habitat for Aquatic T&E Species
There are multiple Threatened and Endangered (T&E) aquatic animal species listed in North Carolina, and several more are being assessed for possible future listing. Many of those animals live in streams or wetlands, and therefore require protection of water quality. Some species have a special rule (known as a “4d-Rule”) which requires forestry activities to implement protective measures to conserve the species and its habitat. An information sheet (PDF) is available at the link provided in each species name, below. Please review the U.S. Fish and Wildlife Service’s website for a listing of all listed or proposed T&E species: https://www.fws.gov/raleigh/es_tes.html