15A ncac 02T .1108 SETBACKS
(a) For residuals treatment and storage facilities, the following setbacks in feet shall be as follows:
Each habitable residence or place of assembly under
separate ownership or not to be maintained as part of the project site 100
Each private or public water supply source 100
Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands 50
Each well with exception of monitoring wells 100
Each property line 50
(b) For land onto which Class A bulk residuals are applied or stockpiled, the following setbacks in feet shall be as follows:
Liquid Cake
Residuals Residuals
Each private or public water supply source 100 100
Surface waters such as intermittent and perennial streams, perennial
waterbodies, and wetlands 100 25
Surface water diversions such as ephemeral streams, waterways, and ditches 25 0
Groundwater lowering ditches where the bottom of the ditch intersects
the SHWT 25 0
Each well with exception of monitoring wells 100 100
Bedrock outcrops 25 0
(c) For land onto which Class B residuals are applied or stockpiled, the following setbacks in feet shall be as follows:
Surface Surface Injection /
Application Application Incorporation
by Vehicle by Irrigation
Each habitable residence or
place of assembly under separate ownership
or not to be maintained as part of the project site 400 400 200
Each habitable residence or place
of assembly owned by the permittee, the owner of
the land, or the lessee or operator of the land to be
maintained as part of the project site 0 200 0
Each property line 50 150 50
Public right of way 50 50 50
Each private or public water supply source 100 100 100
Surface waters such as intermittent and perennial streams,
perennial waterbodies, and wetlands 32.8 32.8 32.8
Surface water diversions such as ephemeral streams, waterways,
and ditches 25 25 25
Groundwater lowering ditches where the bottom of the
ditch intersects the SHWT 25 100 25
Subsurface groundwater lowering drainage systems 0 100 0
Each well with exception of monitoring wells 100 100 100
Bedrock outcrops 25 25 25
Top of slope of embankments or cuts of two feet or more in
vertical height 15 15 15
Each building foundation or basement 0 15 0
Each water line 0 10 0
Nitrification field 0 20 0
(d) For the construction and operation of surface disposal units, the following setbacks in feet shall be as follows:
Each habitable residence or place of assembly
under separate ownership or not to be maintained as part of the project site 400
Each property line 50
Public right of way 50
Each private or public water supply source 100
Surface waters such as intermittent and perennial streams, perennial waterbodies, and
Wetlands 100
Surface water diversions such as ephemeral streams, waterways, and ditches 25
Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 100
Subsurface groundwater lowering drainage systems 100
Each well with exception of monitoring wells 100
Each water line 10
(e) Setback waivers shall be written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with 15A NCAC 02L .0107.
(f) Setbacks to property lines established in Paragraphs (a), (c), and (d) of this Rule shall not be applicable if the permittee, the entity from which the permittee is leasing, or the entity that executed the notarized landowner agreement in 15A NCAC 02T .1104(c)(4) owns both parcels separated by the property line.
(g) Habitable residences or places of assembly under separate ownership constructed after the non-discharge facilities were originally permitted or subsequently modified are exempt from the setback requirements in Paragraphs (a) and (d) of this Rule.
History Note: Authority G.S. 143-215.1; 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1, 2018.