Post-Construction Stormwater Management

Post-Construction Ordinance

The stormwater post-construction ordinance was adopted by the City Council in 2008. The objective of the ordinance 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-construction stormwater runoff and non-point and point source pollution associated with development and redevelopment. The ordinance also addresses increases in peak runoff rates and volumes associated with development and redevelopment. This ordinance has jurisdictional authority and applies to properties and parcels of land located within the city limits of Winston-Salem. The stormwater management systems are referred to as "Stormwater Control Measures" or SCMs.

Refer to the Post-Construction Stormwater Management Ordinance for more information.

Post-Construction Stormwater Management Permitting Submittal and Approval Process

Anyone considering developing or redeveloping a property or parcel of land within the city limits of Winston-Salem should determine upfront if stormwater management permitting will be applicable to their activities. Refer to the flow chart for more general information of the submittal process.

Flow Chart of Stormwater Submittal Process (PDF)

Step 1: Application Process

Refer to the Application/Checklists for permit requirements. Some exemptions may apply. Please see the application and ordinance for more information on such exemptions.

For developments that are not exempt, the applicant should review and submit the application and applicable checklists to the Stormwater Engineer for review. The application and checklists detail everything that is required to be submitted to the Stormwater Engineer for post-construction stormwater management review. Applications for a stormwater management permit are accepted electronically through the IDT Plans Digital Submission Portal. Please note that the review fee for a permit review is $220. Please note that the City of Winston-Salem has adopted the latest NCDEQ Stormwater Design Manual as their design specification document. Developers may request a variance from the Stormwater Division in the case of certain hardships related to the design. Variances are assessed on a case by case basis. Submittal of the variance request form is required for any such requests.

Step 2: Review and Approval of Permit Process

Upon receipt of the required and complete application, relevant checklists and information such as plans and reports as detailed in the application, the stormwater engineer will begin the permit review process.

Based on the information and development plans submitted, should a site be determined to not have any engineered stormwater management systems required, but have to meet for example, low density provisions or no adverse impact study requirements, then the process is simply reviewing such plans. No operation and maintenance agreements and financial sureties are required. Once the plans for such developments are approved, a permit will be issued.

For those developments that are fully exempt, submittal requirements should follow what is outlined in the application for determination and approval of the exemption. Such developments do not require a permit to be issued following approval of the exemption.

For those developments that do require an engineered stormwater management system, the review process consists of a number of steps that a developer must follow before a permit is issued. Please refer to the following:

Review of the application, applicable checklists, and stormwater management plans and reports.
Upon approval of the submitted items stated above, the engineer/developer must submit the following items for review and approval:
- Sealed engineer's estimate of the construction costs of the stormwater management system and if applicable, the annualized operation and maintenance estimated costs for the HOA/POA.
  - Please see Section 6 of the Stormwater Management Permit Application for more details.
- Upon approval of the applicable estimates, the developer must submit and/or provide proof of payment of the financial sureties.
- Submit for review the required operation and maintenance agreement and if applicable, escrow agreement for review and approval. Upon approval, the developer must record such agreements at the Forsyth County Register of Deeds Office and provide a copy of the recorded documents to the stormwater engineer.
  - Please see Section 7 of the Stormwater Management Permit Application for more details.
Post-Construction Stormwater Management Permit is issued upon completion of the above items.

Step 3: Post Permit Issuance Requirements

As-built to be submitted following completion of construction, see Section 8 of the Stormwater Management Permit Application for more details.
Owners of SCMs must comply with annual inspection and maintenance records submittal to the Stormwater Division per their Operation and Maintenance Agreement and ordinance provisions.

Questions?

For questions please refer to the Stormwater Management Permit Application, Stormwater Management Ordinance or the Post-Construction Stormwater FAQs. To contact the Stormwater Engineer, Joe Fogarty, PE, please call him at 336-747-6961 or email Joe Fogarty.

FAQs

What ordinance regulates Post Construction Stormwater Management in the City of Winston-Salem?

Chapter 75 Article IV of the City of Winston-Salem’s Code of Ordinances is the regulatory document for this activity.

Are all developments subject to requiring a permit or providing post construction Stormwater management controls?

No. Not all developments are subject to a permit or required to provide post construction Stormwater management controls. Permitting and controls depend on the size of the development and if certain thresholds are exceeded then a permit will be required. If certain thresholds are not exceeded then a development may be exempt from some, or all, of the provisions of the Post Construction Stormwater Management ordinance. If they are exempted from all of the provisions then a permit and hence management would not be required. Some developments may also be excluded from the provisions of the ordinance based on grandfathering etc.

Does the City of Winston-Salem review plans for Post Construction Stormwater permitting in the County and in other municipal areas such as Clemmons, Kernersville etc.?

No. The City of Winston-Salem post construction Stormwater management reviews and hence permitting is only applicable to the city limits of Winston-Salem. Developers should contact other municipal or State authorities for areas outside of the City limits for permitting reviews and questions.

NOTE: The City of Winston-Salem DOES review plans within areas of the Salem Lake Watershed located in the County area for compliance with the Chapter C of the UDO Environmental ordinance and developers should submit appropriate Stormwater management plans to the City for review in those cases.

What developments or redevelopments are excluded from the City of Winston-Salem’s Post Construction Stormwater Management ordinance provisions and therefore would not be required to apply for a permit

Developments which are excluded from the City of Winston-Salem’s Post Construction Stormwater management ordinance provisions would include:

A development or redevelopment that received a grading permit or building permit prior to the effective date of the ordinance (September 2008)
A site specific development or redevelopment plan or site specific phases development or redevelopment plan that was submitted prior to the effective date of the ordinance, approved within 6 months of the effective date of the ordinance and which has made substantial progress within two years of the site plan approval (Note: These plans are typically plans that received a Planning Board approval for example prior to the effective date of the ordinance)
Any development or redevelopment activity which has received a Stormwater management plan approval prior to the effective date of the ordinance and substantial progress is made within 2 years of the effective date of the ordinance
A right that has vested statutory or local law prior to the effective date of the ordinance.

What constitutes “substantial progress”?

If grading activities had occurred on the site and the developer is able to document or prove such activities, then this would constitute substantial progress. Also, construction of infrastructure such as streets, drainage systems, utilities etc. would also constitute substantial progress.

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