Pavement Sealants: What You Should Know

Published on August 22, 2025

Avoid Violations & Fines: What You Need to Know Before Applying Pavement Sealant

Pavement sealants may help protect and beautify asphalt surfaces, but some of these products contain chemicals that can severely harm our streams and lakes. That’s why Charlotte and all six towns in Mecklenburg County have banned the use of pavement sealants with high levels of polycyclic aromatic hydrocarbons (PAHs), a group of chemicals linked to water pollution that are toxic to aquatic life.

Avoid a Costly Fine

Under the local Stormwater Pollution Control Ordinances, it is now prohibited to use pavement sealants containing more than 0.1% PAHs by weight. They are typically, but not exclusively, coal tar-based sealants. This rule is in effect throughout:

• The City of Charlotte
• Mecklenburg County towns including: Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville

Violations can result in fines of up to $10,000 per day and may include cleanup and remediation requirements which can be costly.

Stay in Compliance

To avoid violations and to help protect local waterways, follow these best practices:

• Choose a compliant product: list of compliant products that contain less than 0.1% PAHs(PDF, 136KB). Note: there may be additional compliant products on the market that are not on this list (check labels).
• Clean out tank completely before adding compliant product if a non-compliant product was previously used – even a small amount of high PAH product blended with a compliant product can result in PAH values that violate the ordinance.

Best Practices for a Clean and Legal Application

• Protect storm drains at the application site to prevent sealant products from entering them.
• Do not apply sealant when rain is expected within the next 48 hours.
• Maintain your equipment (tanks, hoses, fittings) to prevent leaks.
• Handle spills responsibly:
• • Stop work immediately.
  • Use absorbent materials—never wash spills into drains.
  • Report spills right away by calling 311.

Why the Ban Matters

When it rains, stormwater can carry PAHs from sealed pavement directly into storm drains. These drains lead straight to local streams and lakes—without any treatment. A long-term study by Charlotte-Mecklenburg Storm Water Services (CMSWS) found that PAHs are present in local waterways at levels dangerous to aquatic life. Local and national research points to high-PAH sealants as the primary source of this pollution.

Take Action

If you’re hiring a contractor, ensure that they use compliant PAH sealants. For existing contracts, ensure future applications follow the ordinance. If you see pavement sealants being applied—especially without storm drain protection or if you suspect application of a non-compliant product (very strong odor)—call 311 to report it. Your action helps keep our waters healthy.

For a list of compliant products, application tips, and full ordinance details, check out our resources below:  

• Best Management Practices(PDF, 1MB) (English)
• Best Management Practices(PDF, 1MB) (Spanish) | Mejores prácticas de gestión
• NC Cooperative Extension Fact Sheet(PDF, 4MB)
• USGS Coal Tar Fact Sheet(PDF, 6MB)
• Compliant Pavement Products(PDF, 136KB)

Related Links

Learn More at Storm Water Services