Buncombe County requires an erosion control permit, also called a land disturbing permit, before you disturb one acre or more, or a quarter acre or more in a hillside subdivision. Below those sizes you must still keep sediment on your own property with measures like silt fence, and the county Erosion Control Division at Planning and Development answers questions.
What counts as land disturbance
Land disturbance is any work that changes the ground cover or the shape of the land in a way that can send sediment off the site. Clearing, grading, digging a pad, cutting a drive, trenching for utilities and placing fill all count.
Cutting trees on its own is treated differently. The county's erosion control FAQ says tree cutting is allowed, but if it is the first step toward developing the land, a land disturbing permit is needed. So clearing a lot to build a house is part of the disturbance, even if the grading comes later.
When Buncombe County requires a land disturbance permit
The county's Erosion Control page sets the line at one acre of disturbance for most sites. Lots in a hillside subdivision have a lower trigger: a quarter acre or more.
That area adds up faster than people expect. The total includes the drive, the house pad, the septic field, utility trenches, spoil piles and any spot where machines strip the ground. On a sloped mountain lot, a long drive alone can cover a lot of ground. If your plan comes anywhere near the line, measure it or have your designer do it before work starts.
Small projects still need erosion control
Being under the permit size does not mean anything goes. The county says all land-disturbing activity must use protective measures such as silt fencing and mud mats. Its FAQ is plain that everyone must control erosion and sedimentation.
In practice that means silt fence below bare ground, a stone or mat entrance so trucks do not track mud onto the road, and seed and mulch on finished slopes. The point is to keep your soil out of the creek, the ditch and the neighbor's yard. Our erosion control work covers these measures on sites of any size.
How to apply and what the county reviews
The application goes to Buncombe County Planning and Development, 35 Woodfin Street, Asheville. The county posts a Land Disturbing Permit Application, electronic submittal instructions and an Erosion and Sedimentation Control Plan Checklist on its Erosion Control page. Hillside sites have their own checklist.
The plan shows how sediment will be kept on site during and after the work. Common reasons the county lists for sending a plan back include slopes that are too steep and failure to address streams and springs. The permit must be issued before the building permit. If land disturbance does not begin within six months of issue, the permit expires.
Starting early, and work inside Asheville
Starting work before the permit is a costly mistake. The county states that plan review fees are doubled when land disturbance began before a permit was issued, and further penalties are possible.
Location matters too. The county Erosion Control Division does not enforce the program inside the City of Asheville, or where public money is involved, such as DOT and school projects. Inside city limits, check with the City of Asheville instead. The county's Erosion Control Officer can be reached at 828-250-4848 if you are unsure which office covers your land.
Creeks, trout waters and steep ground
Water raises the stakes. The county FAQ says work inside a stream needs a US Army Corps of Engineers permit. Under the state Sedimentation Pollution Control Act, trout waters need an undisturbed buffer at least 25 feet wide from the top of the bank, or wider if needed to hold visible silt back.
Many streams in Western North Carolina, and their tributaries, carry the trout classification. If your project touches a creek, see our guide on stopping creek bank erosion and raise it with the county early.
Where an excavation crew fits in
On a permitted site, the erosion control plan is usually drawn up by a designer or engineer. We build to that plan: silt fence installed before the dig, water diversions, rock-lined ditches and slopes graded and covered as the work moves along.
On smaller jobs below the permit size, Ben sets up the same basic protection as part of the land clearing or grading. Either way, the estimate is free. Call (828) 900-1749 and he will walk the site with you.
The short version
- Buncombe County requires a permit for one acre or more of disturbance.
- Hillside subdivisions trigger a permit at a quarter acre.
- Every site must use protective measures like silt fence, permit or not.
- Starting before the permit doubles plan review fees, and permits expire after six months unused.
- Inside Asheville city limits, the city handles erosion control instead of the county.
Quick answers
Quick answers
Do I need a land disturbance permit to clear my lot in Buncombe County?
You need one if the total disturbed area reaches one acre, or a quarter acre in a hillside subdivision. Tree cutting that leads into development counts toward that. Smaller jobs still need silt fence and similar measures.
How long is a Buncombe County land disturbing permit good for?
The county says the permit expires if land disturbance does not begin within six months of being issued.
What happens if I start grading before getting the permit?
Buncombe County doubles the plan review fee when work began before the permit was issued, and other penalties are possible.
Who do I call about erosion control rules in Buncombe County?
The Erosion Control Division at Buncombe County Planning and Development, 828-250-4848, or the main Planning line at 828-250-4830. Inside Asheville city limits, call the City of Asheville.
See our erosion control service or call (828) 900-1749.