For the last year, there has been much discussion and debate about proposed amendments to Macon County ordinances regarding flood damage prevention, soil erosion and sedimentation control, and water supply watershed protection.
A proposal to allow up to 25% of outside fill in a floodplain will be discussed at the next county Planning Board meeting, which will be held at 5 p.m. on Thursday, Jan. 2, in the meeting room at the Macon County Health Department.
The issue has been confusing to follow, often being boiled down to a floodplain issue during public comment sessions. The proposals have resulted in a steady stream of public comments, mostly against the proposals. And despite these comments, one amendment has been passed into ordinance, another has cleared the Planning Board, and the third could be voted on this week.
In August the Macon County Board of Commissioners approved a change to the Soil Erosion and Sedimentation Control Ordinance, increasing the minimum tract size to mandate an erosion and sediment control plan from half an acre to a full acre.
The second amendment would change the Macon County Watershed Protection Ordinance to allow recreational vehicle parks or subdivision owners to receive Special Nonresidential Intensity Allocations in specific county watersheds. Essentially, it would open the door for RV parks to be built in the Cartoogechaye Creek floodplain, the Town of Franklin’s drinking water supply, plus Big Creek, Houston Branch and Rattlesnake Branch, in and around Highlands.
The third change, which has the lion’s share of negative comments over seven months, would be to amend the Macon County Flood Damage Prevention Ordinance to allow outside fill for up to 25% per floodplain acre without any special permission. Currently, no outside fill is allowed in a floodplain in Macon County.
Ordinance changes broached
At the March 7 Planning Board meeting, Commissioner Josh Young initiated the conversation by saying he wanted Macon County’s floodplain requirements to match the state’s. He felt Macon County’s requirements were an extra burden on landowners, telling of a farmer who wanted to build a new access point but couldn’t because it was in the designated floodplain.
At that meeting, County Plan Reviewer Joe Allen said a half an acre in the mountains is fundamentally different than where these rules and laws are made in eastern North Carolina.
The towns of Franklin and Highlands currently allow fill dirt in the floodplains, as do many neighboring counties. Ordinance change advocates have said these rule changes would put Macon County in line with the region.
At the end of that March 7 meeting, the Planning Board resolved to discuss the proposed changes further. Young called it a “respectful discussion.”
A flood of comments
After the April Planning Board meeting didn’t happen, crowds packed the meeting room at the Health Department for the May 2 meeting. In total, 24 people spoke. As became the case in the ensuing months, most people speaking against the changes specifically brought up the proposal of allowing outside fill in the floodplain.
The speakers against the ordinance changes ranged from environmentalists to former Planning Board members, N.C. Farm Bureau and multi-generation residents. The arguments ranged from protecting the biodiversity of the Little Tennessee River, protecting streambanks, preventing a repeat of the 2004 Peeks Creek disaster, protecting first responders during emergencies and more.
At the May meeting, the Planning Board had varied opinions on the subject before voting to table any changes.
Some speakers said Commissioner Young’s recent purchase of three tracts of land along Georgia Road and the Little Tennessee River is a potential conflict of interest. Young said his land purchase had nothing to do with any proposed changes and that he was pushing for the ordinance changes after hearing from numerous farmers and landowners.
Changes proposed
The public comments continued at the May 14 county commissioners meeting. That day, the commissioners voted to hold the mandated public hearings on all three proposed changes at its July 9 meeting.
In the meeting, former planning board member Lewis Penland suggested a subcommittee. Despite commissioners not voting on the matter, a subcommittee formed, consisting of Commissioners Young and Danny Antoine, Planning Board members Larry Lackey and Barry Breeden plus Allen as staff representative, and met once. Allen said the subcommittee confirmed with a state official that Macon County’s proposed changes would be OK and not impact insurance rates.
At the June 11 commissioners meeting, Allen presented “middle-of-the-road changes” to the three ordinances in question. He proposed that 25% of outside fill be allowed per floodplain acre without a Certification of No Adverse Impact, signed by a civil engineer.
A dozen people spoke at this meeting against the proposed changes with one in favor.
Bill McLarney, an aquatic conservationist and Little Tennessee River landowner called the subcommittee’s lack of transparency a “stealth proposal.”
Hearings and first vote
The commissioners held hearings on all three proposed changes in July following a recommendation by the liaison committee of commissioners and Planning Board members.
By the July 9 hearings, Allen had resigned from his county position. The commissioners approved Caleb Gibson as the new ordinance administrator and later as county planner.
In total, there were 38 public comments over all three hearings. None of the public comments were in favor of the changes.
Before the public hearings on July 9, Commissioner Gary Shields said he was pausing any decisions on the ordinances until future meetings.
Shields said he received over 100 emails about the ordinance changes.
At that meeting, Commissioner Danny Antoine said he wanted to be a good neighbor and was against any changes. Commissioner Paul Higdon called for a more comprehensive review of the ordinances and questioned the lack of enforcement of the current rules.
On Aug. 13, the commissioners voted 4-1, with Antoine against, to increase the minimum tract size to mandate an erosion and sediment control plan from half an acre to a full acre.
This came after the commissioners enforced the public comment time limit of 45 total minutes for the first time, telling roughly a dozen people they could voice their concerns on the plan at next month’s meeting.
Many people thought there wouldn’t be a vote at this Aug. 13 meeting because it wasn’t indicated on the agenda. The commissioners incorrectly said the Soil and Erosion Sediment Control plan was recommended by the county Planning Board. By this point, the Planning Board had not met since May 2 and had not recommended any ordinance changes.
Second committee forms and Planning Board meets again
After the August commissioners meeting, the Water Quality Advisor Committee was formed. While the committee didn’t feel optimistic about slowing down the ordinance changes, they decided to craft a presentation.
At the Sept. 10 meeting, the commissioners voted to pause votes on the two remaining ordinance changes until January 2025. Shields said this was so the Planning Board could review the Watershed Protection Ordinance. Also, the county received requests from the towns of Highlands and Franklin to be involved. Thus, a process that had started at the Planning Board and was later overtaken by the commissioners was sent back to the Planning Board.
The Planning Board held its first meeting since May 2 on Oct. 3, just days after Hurricane Helene hit Western North Carolina. This added fuel to those speaking against the ordinance changes, saying other WNC counties likely wished they had Macon County’s strong watershed ordinances.
After public comment and debate among the board members, the Macon County Planning Board voted 4-3 (with four absences) to recommend amending the Watershed Protection Ordinance to the county commissioners. This change would consider RV parks or subdivisions as “nonresidential” and subject to Special Nonresidential Intensity Allocation standards in the floodplains for Cartoogechaye Creek, Big Creek, Houston Branch and Rattlesnake Branch. The vote included a request “to review and further strengthen RV park permitting for septic systems to meet or exceed any commercial or residential requirements.”
Highlands Biological Station Associate Director Jason Love presented a slideshow on behalf of the Water Quality Advisory Committee. Overall, the committee recommended that RV parks remain ineligible for an SNIA. But if the board chooses to allow RV parks in these watersheds, they strongly recommended that they not be placed in floodplains, they should have robust waste effluent systems in place and follow the guidelines set forth under cluster developments.
Love also told the Planning Board their committee said the entire ordinance needs to be addressed, such as typos, making sure the watershed designations are consistent with the updated state designations and taking a look at some of the activities allowed in drinking watersheds.
No quorum and the waiting game
The Planning Board was scheduled to take up the flood damage prevention ordinance on Nov. 7, but only five of the 11 members showed up, two short of the seven-member quorum needed to have an official meeting. Despite the lack of quorum, a full house at the Carpenter Community Building let their opinion be known.
McLarney and Penland spoke, the latter talking about stream restoration and how having no outside fill in the floodplain is a good idea. Macon County Farm Bureau President Kenneth McCaskill said Macon County “missed a bullet” from Hurricane Helene and the state Farm Bureau was recommending the N.C. General Assembly get involved. Franklin Fire and Rescue Chief Ben Ormond spoke against outside fill in the floodplain based on his 35 years of first responder experience. Franklin Vice Mayor Stacy Guffey said Helene’s floodwaters came within three feet of Franklin’s main water pump.
The Planning Board didn’t meet in December and the county commissioners have not taken up the ordinances since September. Following the Jan. 2 Planning Board meeting, the commissioners will meet on Jan. 14.