A Regulation Road Map for Building in Pamlico County

Some of the most frequently asked questions of people visiting our site relate to regulations they should be concerned with when buying property or building homes in Pamlico County. We took some of these questions to Nick Santoro, owner of Sunbelt Associates, Buyers Agents. As buyers agents Nick and his staff must be well versed in the maze of regulatory requirements. Following is some very useful information Nick tells his customers:

FAQ's OF LIFE FOR PROPERTY OWNERSHIP IN
PAMLICO COUNTY
(An overview of the regulatory climate)

From the time the first settlers found their way into the land that is bordered by the Neuse River, the Bay River, the Pamlico River and the Pamlico Sound, until the arrival of the most recent retiree, one thing has been abundantly clear. The health of the surrounding waters for sustaining the fishery, the economic viability of the area, and the excellent quality of life that this area has to offer, is of vital importance. It is for this reason that many of the rules that have been put in place to control land use have been adopted. It is only with the cooperation of every land owner that the water dependant activities that so many folks have come here to enjoy can be preserved for generations to come.

Which regulatory authorities have jurisdiction over land use in this area?

The Federal Government, The State Government, County Government, and in some incorporated municipalities, Town Government.

What is the Federal Government's Role?

The Federal Government through the Army Corps of Engineers is the final authority in determining the existence of Wetlands as defined in Section 404 of the Clean Water Act. In general, wetlands must not be disturbed by dredging or filling activities without first obtaining the necessary permits which may or may not be issued.

Every property owner should know if there are wetlands on their property and, if so, where it begins and ends. Generally, homes, driveways, septic systems, or any fill material may not be placed in wetlands.

What is the Role of the State Government?

The State Government has many agencies that regulate property ownership. Most of these agencies are included within the Department of Environment and Natural Resources. The most important agencies for personal property owners are the County Health Department, which administers State septic system permitting Policies, and the local CAMA permitting agent, who issues permits for structures such as docks and bulkheads, and the Division of Water Quality. The Division of Water Quality regulates surface water, such as municipal wastewater treatment facilities and animal operations and administers the Neuse River and Tar Pamlico River Buffer Rules which apply to all undeveloped land.  The Buffer Rules are designed to reduce nutrient loading in the Neuse and Tar Pamlico Rivers by requiring buffer zones within fifty feet of rivers and streams AND from the landward limit of coastal wetlands. If you desire to build within the buffer, a variance will first have to be obtained from the Division of Water Quality.

The local building inspector enforces the State Building Code, which is administered by the State Department of Insurance.

Waterfront property owners should be aware that, with very few exceptions, their ownership ends at the mean high water mark.

The public owns the water and bottom under it and the public's ownership rights are held in trust by the State.

What is the role of County Government?

The County Government regulates land use through the development of its Subdivision Ordinance, its Land Use Plan, and its Zoning Ordinance. If you own property that you expect to divide, you may want to consult these documents for their guidance.

What is the role of Local Government?

Some incorporated municipalities within the county may have their own Zoning Ordinance, Growth Management Plan, or Subdivision Ordinance which may supercede the County's document. If your property lies within a municipality, you may want to consult these documents.

The first thing you will need, if you do not already have one, is a septic system permit from the Department of Environmental Health. Their telephone number is (252) 745-5634. The septic system is often "site specific" and, if so, may impact the location of other improvements, such as your house.

The second thing you (or your builder) will need is a building permit from the County Building Inspector. His phone number is (252) 745-3861.

For the dock, bulkhead or any other structure within 75' of the water, you will need a CAMA permit. Permits for minor improvements can be obtained from the Building Inspector, who is also the Local CAMA Permitting Officer. For docks out to more than 4' of water depth and other more significant improvements you will need to contact the CAMA field representative. He can be reached at (252) 808-2808.

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