Land Clearing Permits & Tree Rules in Shallotte and Brunswick County, NC

Do you need a permit to clear land around Shallotte? It depends on how much ground you'll disturb, which town you're in, and how close you are to the marsh. North Carolina's erosion law sets a one-acre line, most of the beach and river towns add clearing or tree rules of their own, CAMA governs land near the water, and burning has three layers of rules by itself. Here's each one in plain terms, town by town, with the offices that decide. Checked against state law, the Brunswick County UDO, and town codes in October 2026. Rules do change, which is why each one links back to its source.

The short version

North Carolina's erosion law

Under the Sedimentation Pollution Control Act (G.S. 113A-57), no one may start land-disturbing activity that will disturb more than one acre on a tract without an erosion and sedimentation control plan filed at least 30 days ahead and approved. A "tract" is all the contiguous land being disturbed as a unit, "regardless of ownership." DEQ's list of delegated local programs (updated April 2024) names none in Brunswick County or its towns, so plans go to DEQ's Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington (910-796-7215). The fee is $119 per disturbed acre, rounded up, so 2.5 acres costs $357. An optional express review adds $264 per acre, up to $2,112, plus a $250 intake fee.

The one-acre line only decides when a written plan is needed. DEQ's FAQ says erosion and sedimentation control "are required regardless of the size of the disturbance." Exposed slopes need ground cover within 21 calendar days of finishing any phase of grading, and the rules require protecting neighbors' property from sediment. DEQ takes sediment complaints at 1-866-STOPMUD.

Agriculture is exempt, and so is timber harvesting, but only when it follows the state's Forest Practice Guidelines. The law ties "land-disturbing activity" to development and road building that changes "the natural cover or topography." It doesn't say how it treats clearing a lot with nothing planned, or forestry mulching that leaves roots in place. On anything near an acre, ask DEQ before you start.

At one acre or more, the project also needs coverage under the state's NCG01 construction stormwater permit, requested online after the erosion plan is approved. And because Brunswick is a coastal county, projects that need an erosion plan or a major CAMA permit fall under the state's coastal stormwater rule, which includes a vegetated setback at least 50 feet wide from streams and perennial waterbodies for new development. DEQ's post-construction map shows whether a program applies at an address.

Town by town

Caveats: the Sunset Beach rules come from the town's 2023 working copy of its UDO, and Calabash's tree section sits under a "repealed" note even though its text still appears in the 2025 ordinance. Confirm both with the town before relying on them.

Brunswick County's rules outside town limits

• No clear-cutting before development. The UDO says properties "shall not be clear-cut prior to undertaking development activities" or while development is underway. Where a required street-yard buffer isn't kept, applications can be denied for up to five years from the date of clearing, under G.S. 160D-921.
• Timber harvests. Properties "should not be clear-cut during the conduct of forestry or silvicultural activities," and a vegetated perimeter buffer must be kept while harvesting. The county strongly encourages talking to the NC Forest Service before clearing.
• Heritage trees. Multifamily, nonresidential, major subdivision, and planned developments need a tree survey. Flowering dogwood, live oak, longleaf pine, redbay, black tupelo, and laurel oak count as heritage trees at 4 inches across, and other listed species at 18 inches. The survey doesn't by itself require saving trees on the lot interior.
• Homes. One- and two-family homes and bona fide farms are exempt from the county's landscaping and buffer requirements.
• Conservation districts. In the Conservation and Protection district, no land disturbance is allowed in a required yard or within 100 feet of floodways, CAMA shoreline buffers, and land under Corps or state wetland jurisdiction. Bona fide farms are exempt.
• Lockwood Folly watershed. On parcels of an acre or more within 575 feet of mean high water, the county requires an erosion control plan, a buffer of at least 30 feet from any wetland or water line, and no more than 25 percent built-upon area.

Stormwater permits

Brunswick County's stormwater permit covers the unincorporated county. For homes, it's required when residential development disturbs more than an acre, when grading or fill changes the ground's elevation by more than four inches, or for any disturbance within 30 feet of the banks of a natural stream or water body. The county's fee schedule (dated 2016) lists $50 for a single-family home under an acre when a permit is required and $250 per acre of built-upon area at an acre or more.

Shallotte runs its own stormwater permit across its planning jurisdiction. It applies to non-residential development, major subdivisions, any activity that disturbs land within 30 feet of the banks of a stream, fill or excavation that sends more runoff onto neighbors, and projects disturbing an acre or more. Farms and timber harvesting are exempt. Sunset Beach caps residential impervious surface at 45 percent of the lot in most districts.

Near the water: CAMA

Brunswick is one of North Carolina's 20 CAMA counties. Land within 75 feet of the marsh or estuarine shoreline is an Area of Environmental Concern, where clearing "as an adjunct of construction" counts as development and needs a permit, new development stays 30 feet back, and a single-family house more than 40 feet back can be exempt if nothing is disturbed in those 40 feet. Permits come from a town permit officer, the county, or DCM's Wilmington office depending on where you are. Marsh-side and waterfront lots has the details and a town-by-town table.

Flood zones

In a mapped Special Flood Hazard Area, Brunswick County requires a Floodplain Development Permit before any development, and filling, grading, and excavation count. Code Administration handles it for the unincorporated county (910-253-2021). Ocean Isle Beach, Sunset Beach, Calabash, Carolina Shores, and Holden Beach issue their own flood permits. For Shallotte, the county's table lists the county, but the town's ordinance names its own floodplain administrator, so ask Town Hall. Whether tree cutting alone needs a flood permit isn't spelled out.

Septic

If the lot will have a septic system, Brunswick County Environmental Health (910-253-2150) evaluates it and issues the permits before the building permit. State rules bar soil disturbance or compaction over the permitted drainfield and repair area, and a permit can be suspended or revoked if the site is altered so the system can't be installed. Clear around those areas, not across them. Clearing a house site covers the order.

Wetlands

Filling or excavating wetlands needs approval from the U.S. Army Corps of Engineers, Wilmington District, whose Wilmington field office covers Brunswick County ((704) 510-1441 districtwide), plus a state water quality certification for federally permitted work. North Carolina stopped requiring its own permit for isolated wetlands in 2023, and its water quality office advises confirming jurisdiction with the Corps first. If your lot is low and wet, settle the question before clearing.

Timber harvests

Logging is exempt from the erosion plan only when it follows the state's Forest Practice Guidelines, which require a streamside management zone along intermittent and perennial streams and keep logging decks out of it. If the guidelines aren't followed, the erosion law applies to the harvest and related land disturbance on the tract. The NC Forest Service inspects harvests but doesn't fine; it recommends a written timber sale agreement and at least three bids, and it keeps a list of consulting foresters serving Brunswick County. The county office is at 1159 Green Swamp Road, Supply (910-755-7772).

Utilities

North Carolina law requires notice to NC 811 at least three full working days before excavating, not counting weekends, state holidays, or the day you call. Call 811 or 1-800-632-4949; it's free. Private lines aren't marked. Stump grinding has the details.

Permit questions

Do I need a permit to clear my own lot in Brunswick County?

Outside town limits, the county has no separate clearing permit, but the state erosion law, the county stormwater permit, the clear-cut rule, CAMA near the water, and flood rules can all apply. Inside a town, check the town's rules first.

Do I need a permit to cut down a tree on my property?

In Carolina Shores, yes, for any tree. In Sunset Beach, regulated trees on lots without a house need one, and Calabash lists tree removal among permitted work. Elsewhere it depends on whether the tree is in a CAMA area or tied to development, so ask the town.

Who gets the permits, me or the contractor?

Ask. Some contractors pull them; others leave them to the owner or the builder. Put the answer in the written contract.

Does clearing for a garden or pasture need a permit?

Agriculture is exempt from the state erosion law, and the county exempts bona fide farms from several of its rules. A backyard garden isn't a farm, so ask.

How we help

When you're ready for a price, call or send a short request covering where the land is, about how much you want cleared, and what you want done. One independent contractor who works in southern Brunswick County receives it, walks the land, and hands you a written quote. The choice is yours, and there's no fee for the referral.

Related pages

• Who clears land and how to hire
• Clearing a house site
• Burning land-clearing debris
• Marsh-side and waterfront lots