SPCA Not Applicable Where No Sediment in Water

The Sedimentation Pollution Control Act of 1973 (SPCA) is a North Carolina law regulating activities that disturb natural ground cover.  It authorizes local governments to enact ordinances regulating construction activity to prevent erosion and pollution by sediment and allows parties injured by activity in violation of the law to recover damages.   In Applewood Properties, LLC, et al. v. New South Properties, LLC, et al., decided March 20, 2012, the North Carolina Court of Appeals reviewed an order by the trial court granting summary judgment to defendants and dismissing SPCA claims filed against the defendants.  The court found that while the defendants may have engaged in soil disturbing activities, there was no sediment deposited into water as a result of those activities. 

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