Stormwater is rainfall or snow melt that flows across surfaces into waterways. It is North Carolina’s top water-quality problem because the stormwater is not treated and often picks up pollutants as it moves across surfaces, like exposed soil, pavement and rooftops.

Pollutants include:

• Chemicals, oil and grease
• Excess fertilizer and pet waste
• Sediment and trash

The pollution can adversely affect aquatic ecosystems and drinking water supplies. Hillsborough's drinking water comes from the Eno River.

Documents

• Climate Impact — Rainfall intensity's effect on flooding
• See Do You Like to Fish — Stormwater runoff pollution and its effect on fish

Hillsborough is subject to stormwater runoff regulation by the federal and state governments and must regulate runoff within its jurisdiction.

See the effect of stormwater runoff pollution on businesses in the document Don't Go Down the Drain.

See the Public Infrastructure Permits page for:

• Construction and post-construction stormwater management requirements and applications.
• Information on riparian (stream) buffers and stream identification requests.

Federal Regulation

Stormwater is regulated under the 1972 Federal Water Pollution Control Act, commonly called the Clean Water Act. The Environmental Protection Agency regulates discharges through the National Pollutant Discharge Elimination System. Discharges include stormwater.

State Regulation

The N.C. Department of Environmental Quality implements the stormwater program for the National Pollutant Discharge Elimination System in North Carolina. Phase II of the rules requires small municipalities that own and operate separate storm sewers to obtain a permit and implement six minimum measures to reduce stormwater pollutants entering their systems.

The minimum measures are:

• Public education and outreach on stormwater impacts
• Public involvement and participation
• Illicit discharge detection and elimination
• Construction site stormwater runoff control (erosion control)
• Post-construction stormwater management for new development and redevelopment
• Pollution prevention and good housekeeping for municipal operations

Town Stormwater Plans

• Bellevue Branch Watershed Improvement Plan
• Stormwater Management Plan

Report any suspected stormwater pollution or illegal dumping into the town's stormwater system to stormwater staff.

It is illegal to:

• Place any substance other than stormwater into storm drains, stormwater ditches or any part of the town’s stormwater system.
• Connect pipes to the town’s stormwater system without approval.

Required Detection

The town is required to find and eliminate stormwater pollution. If an illegal connection or discharge is found, the property owner will be notified and could face civil penalties up to $5,000 if the issue is not corrected.

Signs of Illegal Dumping

• Excessive algae
• Floating debris
• Oil sheen
• Strong pungent or musty odor
• Storm pipes flowing in dry weather
• Surface scum or foam
• Unusual color or cloudiness

Examples of Illegal Dumping

• Chlorinated backwash or the draining of swimming pools
• Contaminated foundation drains
• Oil, antifreeze, chemicals, garbage, paint or cleaning fluids
• Sewer and septic tank discharges
• Untreated animal waste
• Wash waters from commercial and industrial activities
• Washing machine discharges

Maintenance 

The town is only responsible for maintaining stormwater conveyances ― such as ditches, swales, pipes, culverts and catch basins ― within town-owned property and street rights-of-way.

Owners of property that fronts a town-maintained street are required to mow drainage ditches and swales along their street frontage. Stormwater conveyances on private property are the responsibility of the property owner.

Rights and Reasonable Use

In North Carolina, stormwater runoff and drainage are governed by common law. Basically, a downhill property owner has to receive water from property uphill. In other words, water has a right to go where it wants to go ― downhill.

This common law includes three components:

1. The easement of the upper owner includes the right to accelerate and increase the natural flow but does not include the right to divert waters.
2. “Natural flow” of water means that the upper owner cannot divert the water or cause it to flow upon the lower land in a different manner, nor in a different place from which it would naturally flow.
3. The lower owner may not obstruct the natural flow from above in any way.

However, stormwater runoff is also governed by a principle known as reasonable use of property. Property owners have the legal right to make reasonable use of their property, even if development alters the flow of water and causes some impact to downstream property owners. The upstream owner can incur liability but only when the change in runoff is unreasonable and causes substantial damage. 

More Information

For maintenance of stormwater drainage areas off town-maintained streets, contact Public Works.

See:

• Resources section on this page
• Stormwater Runoff Conveyances
• Water Flows Downhill

The division offers a variety of materials to help property owners manage stormwater and protect the environment. Contact staff to request a site visit and advice.

Documents

• Compost Blankets
• Designing A Rain Garden
• Don't Go Down the Drain — effect of stormwater runoff pollution on businesses
• Lawn Care For Water Quality
• Stormwater Bioswales
• Stormwater Runoff Conveyances
• Water Flows Downhill
• Woody Debris In Streams And Rivers

Websites

• Enhance Your Yard with Green Infrastructure — This site focuses on an approach to water management that works with the natural water cycle. It was created in partnership with Elon University students.
• Climate Impact in Residential Areas — This site spotlights the effects of climate change on the local area and actions that community members can take in response. It was created in partnership with Elon University students.

Videos

• Rain Garden

The town enforces a 50-foot vegetated riparian buffer along streams and the Eno River. Clearing, building or other impacts within a riparian (stream) buffer requires prior approval.

• See the Public Infrastructure Permits page for additional information and to request stream identification services.
• See Riparian (Stream) Buffers.

More Information

Undisturbed, naturally forested areas along water bodies provide wildlife food and habitat and slow runoff, allowing it to soak into the ground. It helps protect water quality by:

• Controlling erosion and keeping stream banks from collapsing.
• Reducing flooding and pollution of waterways.
• Moderating stream temperature through the amount and quality of sunlight allowed on a waterbody.

Woody debris in waterways also protect water quality and provide habitat for aquatic organisms. See the document Woody Debris in Streams and Rivers.

Annual Herbicide Treatment

The state treats the Eno River annually to reduce the invasive plant hydrilla. The town helps fund the treatment through stormwater fees. See the About Water page.

Educational Programs

The town partners with Orange County to provide educational programs and presentations. Topics include:

• Preventing stormwater pollution
• Maintaining stormwater ponds
• Other best practices

Programs typically are provided for civic, school and local watershed groups, elected officials, developers, contractors and other groups interested in learning more about stormwater issues. 

Contact stormwater staff to request a program or presentation.

Other Partnerships and Opportunities

Clean Water Education Partnership — The town is a supporting member of this partnership to protect water quality in the Tar-Pamlico, Neuse and Cape Fear river basins. Hillsborough's watershed is part of the Upper Neuse River Basin. The partnership is a cooperative effort among local governments, state agencies and nonprofit organizations. It uses education and outreach to protect water quality.

Eno River Association — The town partners with the association in preserving and conserving lands along the Eno River. Community members can join the association's stream monitoring program to help protect the local watershed.

Volunteer Workdays — Stormwater staff offer volunteer workdays at parks, wetlands and other areas around town. Subscribe to town news releases.

Annual Reports

Falls Lake Nutrient Sensitive Water Report — The report summarizes efforts related to new and existing developments in the previous fiscal year (July 1-June 30). It is required by the N.C. Department of Environmental Quality under the Falls Lake Stormwater Rule for New Development.

• Falls Lake Nutrient Sensitive Water Annual Report

National Pollutant Discharge Elimination System Phase II Report — The report summarizes activities of the town’s stormwater management program for the previous fiscal year (July 1-June 30). It is required under the federal Clean Water Act and state regulations. 

• National Pollutant Discharge Elimination System Phase II Annual Report

Stormwater Almanac

The division periodically publishes the Stormwater Almanac with news and information on the division's recent projects.

• Stormwater Almanac

Awards received by the division include:

Green Infrastructure Project of the Year ― For the Odie Street bioswales project from the Stormwater Management Division of the American Public Works Association North Carolina Chapter in 2023.