A sedimentation and erosion control plan is required when the disturbed area exceeds 12,000 sq. ft. or for a building permit request for a single-family home site with more than one acre of disturbed land. Other land disturbing activities are considered on a case-by-case basis.  

The sedimentation and erosion control plan review process shall be conducted in conjunction with your Development Plan review which is submitted through the Planning and Development Services Department. Any development plan changes that occur during the review process shall also be reflected on your erosion control and stormwater plans.

For information regarding the stormwater and watershed protection requirements for your site development and rules regarding these, please see Stormwater, Watershed Protection and Urban Transition Buffers.

Tracking Your Plan

All projects are assigned a Town of Cary project number by the Planning and Development Services Department. Please refer to it in any written or verbal inquiries regarding your project.

Notice of Plan Approval

Upon plan approval, the Planning and Development Services Department will send a Letter of Notification (LON) explaining what the applicant needs to do to obtain a grading permit.

When are plans not approved?

The department may deny the application for any of the following reasons:

• The applicant has failed to comply with state or local ordinances adopted pursuant to the Sedimentation Pollution Control Act (NC SPCA);
• The applicant is conducting or has conducted land-disturbing activity without an approved permit, or has received a notice of violation for a permit previously approved by the N.C. Sediment Control Commission (NC SCC), the Town, or another local government and has not complied with the notice within the specified time;
• The applicant has failed to pay a civil penalty assessed pursuant to the NC SPCA or local ordinance for failure to comply with the applicable sediment and erosion control requirements;
• The applicant has been convicted of a misdemeanor pursuant to GS 113A-64(b) or any similar provision of the local ordinance for failure to comply with the applicable sediment and erosion control requirements.

Early Grading Permit (Policy 66)
An early grading permit may be applied for once a project has been through at least two reviews of the development plan review process and the erosion control comments have been addressed. A letter of justification must be submitted along with the grading permit application. The letter must provide justification for needing an early grading permit and acknowledge that the responsible party will comply with any subsequent plan changes made as part of final development plan approval.

Guidance Document for Policy 66

Prior to beginning land disturbing activities as defined by Section 3.13 of the Town’s Land Development Ordinance within the Town of Cary, a land disturbing permit must be obtained. A land disturbing permit is required on any privately funded, non-agricultural project with a disturbed area greater than 12,000 square feet (See Land Development Ordinance for more details). Any required state and/or federal permits must also be secured prior to obtaining a land disturbing permit.

To obtain a land disturbing permit, the following information must be submitted electronically: 

• Grading Permit Application
• Financial Responsibility form
• Contractor's Certificate of Insurance
• Copy of current Deed of Ownership
• PDF copy of approved Development Plan

Step by step details are available to guide applicants through the process.

Once the grading permit application has been processed, the applicant will contact 311 or (919) 469-4000 outside town limits to set up a pre-construction conference. The permit fee is NOT due upon application; the permit fee is due upon permit issuance. The fee is $500 per denuded acre.