North Carolina Property Transfer: What you need to know

Governing Law and Regulations

Deed restriction sites:

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Inactive hazardous/waste disposal sites: General Statutes of North Carolina (N.C. Gen. Stat.) 130A-310.8

Brownfield properties: N.C. Gen. Stat. 130A-310.35

Oil or hazardous substance discharge sites: N.C. Gen. Stat. 143-215.85A

Sanitary landfill or hazardous waste disposal sites: 15A North Carolina Administrative Code (NCAC) 13B.0204

Construction stormwater: 15A NCAC 02H.1018

Agency notification sites:

Feedlots and animal waste sites: 15A NCAC 02T.1304

Underground storage tank (UST) sites: 15A NCAC 2N.0303

Regulatory Agency

North Carolina Department of Environment and Natural Resources (DENR) Division of Waste Management Hazardous Waste Section

DENR Division of Water Resources Water Quality Permitting Section

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. North Carolina has no specific property transfer law that requires the North Carolina Department of Environment and Natural Resources (DENR) to certify the condition of commercial or other types of property before a real estate transfer may take place.

However, North Carolina requires that deed restrictions be filed at sites which fall under the following categories:

—Inactive hazardous substance or waste disposal sites

—Brownfield properties

—Oil or hazardous substance discharge sites

—Municipal solid waste landfill (MSWL) facilities

—Sanitary landfill or hazardous waste disposal sites


In addition to these deed restriction sites, certain agricultural sites and sites that contain underground storage tanks (USTs) require notification to the agency and the purchaser upon property transfer.

Administration and enforcement.

>> Read more about Property Transfer

More on this topic:

Governing Law and Regulations
Regulatory Agency
Comparison: State vs. Federal
State Requirements

State Requirements

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North Carolina Property Transfer Resources

Forms Well Disclosure Certificate

Property Transfer Products

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