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Commissioners approve sediment control ordinance

By Lynn Hotaling
Come November, anyone disturbing an acre or more of Jackson County real estate will have to obtain a local permit.

County commissioners last Thursday (July 20) passed a sediment control ordinance, on the table since April, by a 4-1 margin.

Commissioner Roberta Crawford cast the "no" vote.

A stricter version - amended to require permits for land disturbances of one-half acre - failed to become law in June despite a 3-2 vote in its favor. State statutes require a unanimous vote in order for a local ordinance to become law on first reading.

Commissioner Conrad Burrell joined Crawford in the "no" corner at that time but said he would support an erosion ordinance that used one acre as the trigger size.

During a work session July 20, commissioners agreed to return to one-acre or larger disturbances, the size specified in the original draft, before permits are required.

It would be virtually impossible for one ordinance officer to monitor the number of sites there would be if the ordinance were based on one-half acre, said Mike Goodson of the water quality division of the N.C. Department of Environment and Natural Resources in Asheville.

Some 400-500 sites would require regulation each year if one-half acre is the trigger size, Commissioners' Chairman Jay Denton said.

"I personally favor one-half acre, but unless we hire additional personnel, it will be impossible to enforce," Denton said. "We have to come to reality. One acre is not acceptable, but it's more feasible."

Commissioner Franz Whitmire, who proposed the change from an acre to a half-acre, said that after hearing about the problems with enforcement with regard to one-half acre sites he was willing to revert to one acre as the trigger size for the county ordinance.

Funding for an ordinance officer is included in the county's 2000-01 budget.

Last week's vote, though not unanimous, is sufficient to enact the new ordinance, Chairman Denton said, because the approved ordinance is the same one that was presented during the required public hearing. The new law will take effect Nov. 1 if it is approved by North Carolina's Sedimentation Control Commission, the appointed state agency charged with approving and monitoring local sediment control ordinances.

Drafted by Jackson County's planning board, the ordinance approved last week essentially mirrors state standards already in place.

The advantage to a county ordinance, several speakers said Thursday, lies in the local control that it provides.

Though permits through DENR are already required for disturbances of an acre of more, Goodson said, the state cannot offer the closer monitoring and flexibility of local control. The main reason for a local ordinance, Goodson said, is conserving the county's resources. "We can't do it at the state level," he said.

A local ordinance officer can visit each site every two or three weeks, Goodson said, while state personnel are stretched so thin that they might visit only every four to six months.

The county's ordinance does have one feature that state law lacks - a notification process for disturbances less than an acre. Individuals creating such disturbances will be asked to fill out a form that will serve as an erosion control plan but no fee will be charged.

The new ordinance will not regulate land disturbing activity within the county's incorporated areas - Sylva, Webster, Dillsboro and Forest Hills - unless county and town governments mutually agree to enforce county standards within the municipalities.

Projects using state or federal money also will be exempt from the local ordinance as will projects by agencies with eminent domain, like the power company.

Prior to voting on the proposed ordinance, commissioners decided to charge $50 per acre for the required permits. Penalties for violating the provisions of the ordinance will be assessed by an appointed board.

No decision has been made with regard to the composition of the penalty board. One suggestion was a three-member board of Denton, building inspector John Wittekind and county finance officer Darlene Fox. Commissioner Crawford suggested substituting county planner Tamera Crisp for Denton on that board.

Denton stressed that the success of the new ordinance will depend, to a large degree, on an education effort. One focus of such a campaign will be informing homeowners and property owners that it's their responsibility to ensure that contractors follow the provisions of the ordinance.

Commissioner Burrell suggested that another concern would be finding someone with an engineering background to take the job of enforcing the new ordinance for the $23,000 per year the county has budgeted.

Some matching funds are available through DENR to help with start-up costs for the local program, Goodson said. Such funds can be used for any needs the county may have, including an ordinance officer's salary.

Back to Archive: 07/27/00.