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Sediment control ordinance fails to pass on first reading

By Lisa Majors-Duff
Following a public hearing, during which the majority of speakers supported it, county commissioners voted 3-2 to strengthen the planning board's proposed soil erosion and sedimentation control ordinance.

But the issue of an erosion law for Jackson County remains unresolved following last Thursday's (June 15) meeting, since a unanimous vote is required for adoption of an ordinance on its first reading.

Commissioners Jay Denton, Stacy Buchanan and Franz Whitmire supported two moves to strengthen the planning board's proposal. Whitmire moved to decrease the amount of land-disturbing activity that would require a county permit from one to one-half acre. He also proposed that any land-disturbing activity of less than one-half acre in size require the responsible party to notify the county in writting by completing an erosion-control plan.

Prior to her vote against the document, Commissioner Roberta Crawford said she opposed the ordinance because it duplicates a law already set out in state statutes. Planning board members admit they used the state model to draft their proposal, but they contend that local control is needed.

Commissioner Conrad Burrell, who said he was prepared to support the ordinance as written, voted against Whitmire's changes.

"I'm not against the ordinance," he said. "I'm against decreasing the acreage."

Tom Massie of Sylva, who spoke during the public hearing as a member of the Jackson County Soil and Water Conservation District board of directors, actually suggested the changes Whitmire made. The section of the ordinance labeled 411, he said, was deficient in that it required a permit only for those responsible for residential land-disturbing activity of less than an acre.

"Not all land-disturbing efforts are for houses," he said. "This exempts businesses."

As support for his claim, Massie pointed out that nearly 75 percent of complaints made to the soil and water conservation district are related to land disturbances of less than an acre. The results of changes to section 411, he said, would include educational opportunities for landowners on how to control sediment, a binding legal document making landowners aware of the consequences of harming adjacent property, and a more complete list of land-disturbing activities within Jackson County.

"I know some people will object to this ordinance on the grounds that it will hurt their business or it will interfere with their personal property rights," he said. "But as a governmental body, it's the board of commissioners' duty to protect the county's water supply and all its citizens' private property rights."

Oppose it is exactly what contractor George Gunter of Cashiers did on grounds that the county's proposal duplicates state law on erosion control and exposes citizens to double jeopardy with fines at both the state and local levels. The proposed ordinance targets contractors and those in related field and forces the average citizen to understand technical engineering terms, he said.

As further proof against the need for a local erosion control ordinance, Gunter pointed to Jackson County's own soil study, which he says indicates that 90 percent of area soil types are not prone to erosion. In addition, he said, erosion is a natural process that cannot be stopped. Some 3 million tons of erosion a year is normal for the Eastern Appalachian mountain range, he said.

"Jackson County has an abundant suppy of water from rivers, streams and ground-water soruces," according to the "Soil Survey of Jackson County." "High-quality water that flows from watersheds that are dominantly wooded is important to tourist in the county.

"Streams that flow from watersheds that have many roads, homes and farms generally have lower quality of water," the survey continues. "Sediment is the main problem. The quality of streams can be improved by soil and water conservation practices."

Mark Jamison, a name most recently associated with the Forest Hills ETJ opposition group, said the county's proposal "looks like another way of budgetting in another county employee. It is unnecessary at this time."

Erkin McCall, who admitted to only recently hearing about the county's proposal, opposed the ordinance on the grounds that it represents one more instance of local government making it difficult for natives to remain in Jackson County.

"We have people who have to move out because they can't afford to stay, and that's a shame," McCall said. "And if you hit a young couple just starting out with a fine, what would they do? I don't understand this added pressure on the people and the contractors."

Developer John Beckman took another position on the proposal.

"This area has been discovered, and much of what makes Jackson County special will be lost if we don't protect it. We need to be good land stewards," he said. "This is an extremely important issue. This is something the county needs to take seriously."

Doug O'Dell, a 37-year resident of Lake Glenville community, said the Norton Creek stream bottom has been "biologically dead for three years." He based this statement on scientific studies he conducted on the stream to determine insect life. In addition to a lack of insect life, O'Dell said he's noticed a decrease in visibility in Lake Glenville recently from 30 feet to about 12.

"I urge you to implement (the sediment ordinance) as soon as possible," he told the board of commissioners.

Sediment control could be included on the agenda of the county's next regular meeting, which is scheduled for Thursday, July 6, at 7 p.m. at the Justice Center. A majority vote on the ordinance at this time would be enough for its adoption.

Back to Archive: 06/22/00.