Let's Talk Stormwater! Introducing NC House Bill 511

Ryan Carter • April 11, 2023

Catawba Riverkeeper pushes for a law in North Carolina that would allow local communities the option to require developers to include stormwater management features on redevelopment projects.

Let’s talk about stormwater. 


We know that stormwater is a problem when a high volume hit our creeks at a high velocity. Both occur when rain hits impervious surfaces and is not sent to some sort of retention pond or rain garden. Untreated stormwater, as it’s called, hits the impervious surface then flows directly into a stream or into a storm drain. Our basin and the state of North Carolina have some very old storm drain systems that we simply do not know where all these pipes go. In cases in Hickory and Morganton, we have abruptly found some when sinkholes form where stormwater pipes are overwhelmed by, again, a high volume and velocity of stormwater. Once this water leaves the pipes, wherever that may be, it sends a wall of water down the creek. This high volume and velocity of water leads to erosion of streambanks, leading to a loss of land, depositing it into downstream communities. This water also degrades water quality and chokes out aquatic life. Think of it as smog for fish. If you live in Gaston County, check out Duharts Creek. If you’re in Mecklenburg, check out where Sugar Creek flows into South Carolina. 


What can we do about it? Right now? Not much. North Carolina law prohibits local communities from having ordinances that could require stormwater features to be added to redevelopment projects. No community in NC had stormwater management requirements prior to the late 1970s. Even then, our first ordinances focused on getting water off paved surfaces quickly, ignoring the impact of this runoff on downstream communities. In short, we have a lot of impervious surfaces that is contributing to this stormwater runoff problem. 


The week of March 27 was a remarkable time in the fight to improve water quality in NC. The week started with the Medicaid expansion ceremony, followed by a gubernatorial veto override, a massive vote on online sports gambling, and, the House’s budget was released. If that wasn’t enough, visiting the General Assembly was everyone from nursing students to realtors to community college advocates and even your NC Riverkeepers! 


In the midst of all this commotion, a critical piece of legislation was filed. House Bill 511 was introduced by Representatives Donnie Loftis (R-Gaston), Terry Brown (D-Mecklenburg), and Hugh Blackwell (R-Burke). 14 additional legislators have signed on in support with roughly half coming from the Catawba Basin Delegation.  These 17 legislators represent communities from the NC-TN border to the urban areas of the Piedmont to the coastal planes to the tide waters. An interesting note is that the first, four legislators who signed on the bill (the three previously listed and Representative Dudley Greene (R - Avery, McDowell, Mitchell, Yancey) represent the two headwaters' districts and the last two districts of our river before it crosses the state line. 


So what does HB 511 actually do? It’s all about those existing impervious surfaces. Think of an old mill or an old strip mall or just a big parking lot not doing anything, other than contributing a high volume and velocity of stormwater to your local creek. If a property like this was going to be redeveloped or turned into something new, this bill would allow a local community the option to require the developer to include stormwater management features. This would apply to industrial, commercial, multifamily, or mixed-use redevelopment. 


This bill has a long way to go before we see local communities in NC having this kind or ordinances but we’ve taken a big step. We are grateful for our basin delegation’s leadership and implore them to keep up the great work. 

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On the evening of May 26th, 2026, Catawba Riverkeeper Brandon Jones attended the Charlotte City Council Public Meeting. At this meeting, he shared our organization's comments on the proposed 150-day data center moratorium. These comments can be read below. "The Catawba Riverkeeper Foundation is a member-funded environmental nonprofit that educates, advocates, and protects the Catawba-Wateree River and all its tributaries. Our organization represents over 8,000 active members and nearly 3 million citizens who rely on the watershed for drinking water, recreation, and electricity. We are concerned that the growth of local data centers may overallocate our limited resources and decrease our ability to respond to drought. We appreciate the opportunity to comment on the proposed 150-day moratorium and strongly support the staff's recommendation to adopt it. Additionally, if adopted, we recommend that the study consider a tiered approach, transparency, and net water consumption. For our water resources, the most important data center metric is net water use. A 400 MW facility—like the one now under construction on Moores Chapel Road—may actually evaporate more water indirectly than directly for cooling. The nearby Catawba Nuclear Station uses approximately 30 MGD to produce 2,300 MW or 5.2 MGD from Lake Wylie per 400 MW. However, without transparency and reporting, it is difficult to know the current impact of these data centers and almost impossible to accurately forecast the industry's future. The most accurate forecast of our region's water resources is the Catawba Wateree Water Management Group’s 2026 Integrated Water Resources Plan. Unfortunately, this plan explicitly does not include increases in water use from data centers due to limited reliable information. It is absolutely critical that our community has accurate information. We need full transparency on the planned electrical and water use of large data centers. A ban of nondisclosure agreements between elected officials and developers could help alleviate suspicion and allow communities to make informed decisions about tradeoffs. The potential direct and indirect impact s of a project should be modeled by the CWWMG to determine its actual impacts. Those impacts could be mitigated by funding water conservation projects, as some data centers have already proposed. Once operating, we need reporting on the actual water and energy use. The cumulative impact must be understood to ensure capacity and resiliency. Water withdrawers from the Catawba utilize a Low Inflow Protocol during drought to help stretch the available supply. Large data centers need conservation plans that comply with this plan. It is hypocritical to ask residents and some businesses to restrict water use while permitting facilities that cannot or will not do the same. Most years, there is plenty of water for drinking, irrigation, ecological flows, and industry in the Catawba. However, droughts such as 2001, 2007, and today expose our vulnerabilities. These droughts are more likely in a warming climate, and we are becoming less resilient with a growing population and industrial demands. Sustainable water management requires careful planning and robust coordination between users, including data centers."
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