WSCO_HAYW_WSWP Ordinance_20230608

CHAPTER 151: WATERSHED PROTECTION
Section
General Provisions
151.01 Definitions
151.02 Word interpretation
151.03 Authority and enactment
151.04 Jurisdiction
151.05 Exceptions to applicability
Subdivision Regulations
151.15 General provisions
151.16 Subdivision application and review procedures
151.17 Subdivision standards and required improvements
151.18 Construction procedures
Development Regulations
151.30 Establishment of watershed areas
151.31 Watershed areas described
151.32 Regulations for manufactured/mobile home parks and recreational vehicles
151.33 Cluster development
151.34 Buffer areas required
151.35 Rules governing the interpretation of watershed area boundaries
151.36 Application of regulations
151.37 Existing development
Public Health Regulations
151.50 General provisions
151.51 Abatement
Permits
151.65 Watershed protection permit
151.66 Building permit required
151.67 Watershed protection occupancy permit
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14 Haywood County—Land Usage
Administration and Enforcement
151.80 Watershed Administrator
151.81 Changes and amendments to watershed protection regulations
151.82 Public notice and hearing required
151.83 Establishment of Watershed Review Board
151.84 Rules of conduct for members
151.85 Powers and duties of Watershed Review Board
151.86 Appeal from the Watershed Administrator
151.87 Appeals from the Watershed Review Board
151.98 Violations
151.99 Penalty
Appendix: Existing development
GENERAL PROVISIONS
§ 151.01 DEFINITIONS.
AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm
purposes.
BALANCE OF WATERSHED. All land area within a watershed but outside of the critical
area.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-
based practice used singularly or in combination to reduce non-point source inputs to receiving
waters in order to achieve water quality protection goals.
BUFFER. An area of natural or planted vegetation through which stormwater runoff flows in a
diffuse manner so that the runoff does not become channelized and which provides for infiltration of
the runoff and filtering of pollutants. The buffer is measured landward from the normal pool
elevation of impounded structures and from the bank of each side of streams or rivers.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for
shelter, housing, or enclosure of persons, animals, or property. The connection of two buildings by
means of an open porch, breezeway, passageway, carport, or other such open structure, with or
without a roof, shall not be deemed to make them one building.

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BUILT-UPON AREA. Built upon areas shall include that portion of a development project that is
covered by impervious or partially impervious cover including buildings, pavement, gravel areas
(e.g. roads, parking lots, paths), recreation facilities (for example, tennis courts),and the like. (Note:
Wooden slatted decks and the water area of a swimming pool are considered pervious).
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources
and provide for innovation in the design of the project including minimizing stormwater runoff
impacts. This term includes non-residential development as well as single-family residential and
multi-family. For the purpose of this chapter, planned unit developments and mixed use
developments are considered as cluster development.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk
associated with pollution is greater than from the remaining portions of the watershed. The critical
area is defined as extending either one-half mile from the normal pool elevation of the reservoir in
which the intake is located, or to the ridge line of the watershed(whichever comes first); or one-half
mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge
line of the watershed (whichever comes first). Local governments may extend the critical area as
needed. Major landmarks such as highways or property lines may be used to delineate the outer
boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer
boundary of one-half mile.
CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and
carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the
dwelling for residential purposes and does not change the character thereof. Provided further that no
mechanical equipment is installed or used except as is normally used for domestic or professional
purposes, and that not over 25 percent of the total floor space of any structure is used for the
occupation. No home occupation shall be conducted in any accessory building except for the storage
and service of a vehicle that is driven off-site, such as a service repair truck, delivery truck, and the
like.
DEVELOPMENT. Any land disturbing activity which adds to, or changes, the amount of
impervious or partially impervious cover on a land area or which otherwise decreases the infiltration
of precipitation into the soil.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living
facilities for one family.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a
minimum have established a vested right under state zoning law as of the effective date of this
chapter based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith
reliance upon having received a valid local government approval to proceed with the projects,or

16 Haywood County—Land Usage
(2) Having an outstanding valid building permit as authorized by G.S. § 153A-344.1 and
G.S. § 160A-385.1, or
(3) Having an approved site specific or phased development plan as authorized by G.S. §
153A-344.1 and G.S. § 160A-385.1.
EXISTING LOT(LOT OF RECORD). A lot which is part of a subdivision, a plat of which
has been recorded in the Office of the Register of Deeds prior to the adoption of this chapter, or a lot
described by metes and bounds, the description of which has been so recorded prior to the adoption
of this chapter.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all
members are related by blood or marriage or adoption, no such family shall contain over five
persons, but further provided that domestic servants employed or living on the premises may be
housed on the premises without being counted as a family or families.
FAMILY SUBDIVISION. A division of a tract of land into two or more parcels between
persons who are in any degree of lineal kinship or within three degrees of collateral kinship to the
grantor, both as are described under G.S. § 104A-1. By way of example, such degrees of kinship
would include children, grandchildren, great-grandchildren, parents, grandparents, brothers and
sisters,uncles and aunts,nieces and nephews.
INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES
permit for an industrial discharge and/or requires the use or storage of any hazardous material for the
purpose of manufacturing, assembling, finishing, clearing, or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in
accordance with G.S. Chapter 130A, Article 9. For the purpose of this chapter this term does not —
include composting facilities.
LOT. A parcel of land occupied or capable of being occupied by a building or group of
buildings devoted to a common use, together with the customary accessories and open spaces
belonging to the same.
MAJOR VARIANCE. A variance from the minimum statewide watershed protection rules that
results in any one or more of the following:
(1) The relaxation, by a factor greater than 10 percent, of any management requirement
under the low density option;
(2) Any variation in the design, maintenance or operation requirements of a wet detention
pond or other approved stormwater management system.

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MINOR VARIANCE. A variance from the minimum statewide watershed protection rules that
results in a relaxation, by a factor of up to 10 percent, of any management requirement under the low
density option.
NON-CONFORMING LOT OF RECORD. A lot described by a plat or a deed that was
recorded prior to the effective date of local watershed protection regulations (or their amendments)
that does not meet the minimum lot size or other development requirements of the statewide
watershed protection rules.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential
development, agriculture, and silviculture.
PLAT. A map or plan of a parcel of land which is to be, or has been, subdivided.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses, cottages, and the like,
and their associated outbuildings such as garages, storage buildings, gazebos, and the like, and
customary home occupations.
RESIDUALS. Any solid or demisolid waste generated from a wastewater treatment plant,
water treatment plant or air pollution control facility permitted under the authority of the
Environmental Management Commission.
SINGLE-FAMILYRESIDENTL4L. Any development where:
(1) No building contains more that one dwelling unit,
(2) Every dwelling unit is on a separate lot, and
(3) Where no lot contains more than one dwelling unit.
STREET or ROAD. A right-of-way for vehicular traffic which affords the principal means of
access to abutting properties.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which
requires location on the land or attachment to something having permanent location on the land.
SUBDIVIDER. Any person, firm, or corporation who subdivides or develops any land deemed
to be a subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites,
or other divisions for the purpose of sale or building development (whether immediate or future)and
shall include all division of land involving the dedication of a new street or a change in existing
streets; but the following shall not be included within this definition nor be subject to the regulations
authorized by this chapter:

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(1) The combination or recombination of portions of previously subdivided and recorded
lots where the total number of lots is not increased and the resultant lots are equal to, or exceed,the
standards of this chapter;
(2) The division of land into parcels greater than ten acres where no street right-of-way
dedication is involved;
(3) Thepublic acquisition bypurchase of strips of land for the wideningor opening of
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streets;
(4) The division of a tract in single ownership, whose entire area is no greater than two
acres, into not more than three lots, where no street right-of-way dedication is involved, and where
the resultant lots are equal to, or exceed,the standards of this chapter;
(5) The division of a tract into plots or lots used as a cemetery.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease-causing
agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, has
the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological malfunctions (including malfunctions or suppression in reproduction or growth), or
physical deformities in such organisms or their off-spring or other adverse health effects.
VARIANCE. A permission to develop or use property granted by the Watershed Review Board
relaxing or waiving a water supply watershed management requirement adopted by the
Environmental Management Commission that is incorporated into this chapter.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to, or
proximity to, or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat
houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies,
parking lots, and commercial boat storage areas are not water dependent structures.
WATERSHED. The entire land area contributing surface drainage to a specific point (for
example, the water supply intake.)
WATERSHED ADMINISTRATOR. An official or designated person of the county
responsible for administration and enforcement of this chapter.
(Ord.passed 12-16-93: Am. Ord. passed 7-28-97)
§ 151.02 WORD INTERPRETATION.
For the purpose of this chapter, certain words shall be interpreted as follows:

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(A) Words in the present tense include the future tense.
(B) Words used in the singular number include the plural and words used in the plural number
include the singular,unless the natural construction of the wording indicates otherwise.
(C) The word PERSON includes a firm, association, corporation,trust, and company as well as
an individual.
(D) The word STRUCTURE shall include the word BUILDING.
(E) The word LOT shall include the words PLOT,PARCEL, or TRACT.
(F) The word SHALL is always mandatory and not merely directory.
(G) The word WILL is always mandatory and not merely directory.
(Ord. passed 12-16-93)
§ 151.03 AUTHORITY AND ENACTMENT.
(A) Authority and enactment. The Legislature of the state has, in G.S. § 153A-121 and in G.S.
Chapter 143, Article 21, Watershed Protection Rules, delegated the responsibility or directed local
governmental units to adopt regulations designed to promote the public health, safety, and general
welfare of its citizenry; and in Chapter 970 of the 1985 Session Laws, as amended by Chapter 282 of
the 1993 Session Laws, the Legislature has authorized the county to regulate the subdivision and
development of land as defined in the County Pre-Development ordinance. The Governing Board of
the county does hereby ordain and enact into law the following sections as the Watershed Protection
ordinance of the county.
(B) Date of adoption and effective date. This chapter was adopted on December 16, 1993, and
shall take effect and be in force on January 1, 1994.
(Ord. passed 12-16-93)
Cross-reference:
Pre- development, see Ch. 152
§ 151.04 JURISDICTION.
The provisions of this chapter shall apply within the areas designated as a Public Water Supply
Watershed by the State Environmental Management Commission and shall be defined and
established on the map entitled, Watershed Protection Map of Haywood County, North Carolina(the
watershed map),which is adopted simultaneously herewith. The watershed map and all explanatory
matter contained thereon accompanies and is hereby made a part of this chapter. This chapter shall
be permanently kept on file in the office of the County Clerk. At the request of the Town of Maggie
Valley,the county will be administering the Watershed Protection chapter within the town limits.
(Ord. passed 12-16-93)

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§ 151.05 EXCEPTIONS TO APPLICABILITY.
(A) Nothing contained herein shall repeal, modify, or amend any federal or state law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance which these
regulations specifically replace; nor shall any provision of this chapter amend,modify, or restrict any
provisions of the Code of Ordinances of the County; however, the adoption of this chapter shall and
does amend any and all ordinances, resolutions, and regulations in effect in the county at the time of
the adoption of this chapter that may be construed to impair or reduce the effectiveness of this
chapter or to conflict with any of its provisions.
(B) It is not intended that these regulations interfere with any easement, covenants, or other
agreements between parties. However, if the provisions of these regulations impose greater
restrictions or higher standards for the use of a building or land, then the provisions of these
regulations shall control.
(C) Existing development, as defined in this chapter, is not subject to the requirements of this
chapter. Expansions to structures classified as existing development must meet the requirements of
this chapter; however, the built-upon area of the existing development is not required to be included
in the density calculations.
(D) A pre-existing lot recorded prior to January 1, 1994, regardless of whether or not a vested
right has been established, may be developed for single-family residential purposes without being
subject to the density restrictions of this chapter; however, required buffer strips are still applicable. .
Any lot or parcel created as part of a family subdivision after the effective date of these rules shall be
exempt from these rules, including the buffer requirements, if it is developed for one single-family
detached residence.
(Ord. passed 12-16-93; Am. Ord. passed 7-28-97)
SUBDIVISION REGULATIONS
§ 151.15 GENERAL PROVISIONS.
(A) No subdivision plat of land within the Public Water Supply Watershed shall be filed or
recorded by the Register of Deeds until it has been approved in accordance with the provisions of
this subchapter. Likewise, the Clerk of Superior Court shall not order or direct the recording of a
plat if the recording of the plat would be in conflict with this subchapter.
(B) The approval of a plat does not constitute or effect the acceptance by the county or the
public of the dedication of any street or other ground, easement, right-of-way, public utility line, or
other public facility shown on the plat, and shall not be construed to do so.
(C) All subdivisions shall conform with the mapping requirements contained in G.S. § 47-30.

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(D) All subdivisions of land within the watershed protection jurisdiction of the county after
January 1, 1994 shall require a plat to be prepared, approved, and recorded pursuant to this chapter.
(E) All subdivisions and developments of land, as defined in the county pre-development
ordinance, that are located within the county water supply watersheds are subject to the provisions of
the pre-development ordinance, including septic evaluations for minimum lot size. All lot sizes i.
specified in this chapter are minimum lot sizes; larger lots may be required by the County Health
Department, according to applicable rules and regulations governing ground absorption sewage
disposal systems.
(F) All projects, developments, and subdivisions shall be in compliance with applicable rules
and regulations adopted by the County Board of Health.
(G) The county shall develop, and from time to time revise, forms for the purpose of
implementing this chapter.
(Ord. passed 12-16-93)Penalty, see § 151.99
Cross-reference:
Pre-development, see Chapter 152
Statutory reference:
Subdivision regulations generally, see G.S. §,¢ 153A-335
§ 151.16 SUBDIVISION APPLICATION AND REVIEW PROCEDURES.
(A) Proposed subdivisions. All proposed subdivisions shall be reviewed prior to recording
with the Register of Deeds by submitting a vicinity map to the Watershed Administrator or the
Director of Land Records to determine whether or not the property is located within the designated
public water supply watershed. Subdivisions that are not within the designated watershed area shall
not be subject to the provisions of this chapter and may be recorded provided they meet the
provisions of the Pre-Development Ordinance. Subdivisions within the designated watershed area
shall comply with the provisions of this subchapter and all other state and local requirements that
may apply.
(B) Application. Subdivision applications shall be filed with the Watershed Administrator.
The application shall include a completed application form, at least six copies of the plat, and
supporting documentation deemed necessary by the Watershed Administrator or the Watershed
Review Board. The Watershed Administrator may at any time elect to consult the Watershed
Review Board regarding the decision for a subdivision plat.
(C) Review.
(1) The Watershed Administrator shall review the completed application and final plat for
compliance with the requirements set forth in this section. Failure to comply with these
requirements shall constitute grounds for disapproving the final plat.

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(2) The Watershed Administrator may provide public agencies an opportunity to review
and make recommendations. However, failure of the agencies to submit their comments and
recommendations shall not delay the Administrator's action within the prescribed time limit. The
public agencies may include, but are not limited to, the following:
(a) The district highway engineer with regard to proposed streets and highways.
(b) The director of the Health Department with regard to proposed private water
system or sewer systems normally approved by the Health Department.
(c) The State Division of Environmental Management with regard to proposed sewer
systems normally approved by the Division, engineered storm water controls, or storm water
management in general.
(d) Any other agency or official designated by the Watershed Administrator or
Watershed Review Board.
(D) Approval. If the Watershed Administrator approves the application, such approval shall be
indicated on all copies of the plat by the following certificate and signed by the Administrator:
"Certificate of Approval for Recording
I certify that the plat shown hereon complies with the Watershed
Protection Ordinance and is approved by the Watershed Administrator
for recording in the Register of Deeds office.
Date Watershed Administrator -
NOTICE: This property is located within a Public Water Supply
Watershed-development restrictions may apply."
(E) Review Board.
(1) The Watershed Administrator shall notify the developer of the decision regarding the
final plat within 25 working days after the plat is submitted for review and deemed to be complete.
If the Watershed Administrator disapproves or approves conditionally the application, the reasons
for such action shall be stated in writing for the applicant. The subdivider may make changes and
submit a revised plan which shall constitute a separate request for the purpose of review. Appeals
from the decision of the Watershed Administrator regarding plats shall be to the Watershed Review
Board.
(2) The Watershed Administrator shall inform the Watershed Review Board of action
taken regarding subdivision plats and site plans.

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(F) Recording requirements. All subdivision plats shall comply with the requirements for
recording of the County Register of Deeds.
(Ord. passed 12-16-93; Am. Ord. passed 7-28-97) Penalty, see § 151.99
§ 151.17 SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS.
(A) Building space. All lots shall provide adequate building space in accordance with the
development standards contained in §§ 151.30 through 151.37. Lots recorded after January 1, 1994
which are smaller than the minimum required for residential lots may be developed using built-upon
criteria in accordance with §§ 151.30 through 151.37.
(B) Built-upon area. For the purpose of calculating built-upon area, total project area shall
include total acreage in the tract on which the project is to be developed.
(C) Storm water drainage facilities. The application shall be accompanied by a description of
the proposed method of providing storm water drainage. The subdivider shall, to the maximum
extent practicable, provide a drainage system that diverts stormwater runoff away from surface
waters and incorporates best management practices to minimize water quality impacts.
(D) Erosion and sedimentation control. The application shall,where required, be accompanied
by a written statement that a Sedimentation and Erosion Control Plan has been submitted to, and
approved by, the local or state agency responsible for administering the sedimentation and erosion
control laws of the state.
(E) Roads constructed in critical areas and watershed buffer areas. Where possible, roads
should be located outside of critical areas and watershed buffer areas. Roads constructed within
these areas shall be designed and constructed to minimize their impact on water quality.
(Ord. passed 12-16-93; Am. Ord.passed 7-28-97)Penalty, see § 151.99
§ 151.18 CONSTRUCTION PROCEDURES.
(A) No construction or installation of improvements shall commence in a proposed subdivision
until a subdivision plat has been approved by the Watershed Administrator or the Watershed Review
Board.
(B) No building or other permits shall be issued for erection of a structure on any lot not of
record on January 1, 1994 until all requirements of this chapter have been met. The subdivider,prior
to commencing any work within the subdivision, shall make arrangements with the Watershed
Administrator to provide for adequate inspection.
(Ord. passed 12-16-93)Penalty, see § 151.99
Statutory reference:
County authority to establish permit programs, see G.S. §143-215.1(f)

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DEVELOPMENT REGULATIONS
§ 151.30 ESTABLISHMENT OF WATERSHED AREAS.
(A) The purpose of this subchapter is to list and describe the watershed areas herein adopted.
(B) For purposes of this chapter the county is divided into the following areas,as appropriate:
(1) WS-I.
(2) WS-II-CA(Critical Area).
(3) WS-II-BW(Balance of Watershed).
(4) WS-III-CA(Critical Area).
(5) WS-III-BW(Balance of Watershed).
(Ord. passed 12-16-93)Penalty, see § 151.99
§ 151.31 WATERSHED AREAS DESCRIBED.
(A) WS-I Watershed Areas - (WS-I). The intent is to provide maximum protection for water
supplies within essentially natural and undeveloped watersheds in public ownership by allowing
only low-intensity uses. No residential or non-residential uses are allowed except those listed below.
Impacts from non-point-source pollution shall be minimized.
(1) Allowed uses:
(a) Agriculture.
(b) Silviculture.
(c) Water withdrawal,treatment, and distribution facilities.
(d) Restricted road access.
(e) Power transmission lines.
(2) Density and built-upon area limits do not apply.
(B) WS-II Watershed Areas - Critical Area (WS-II-CA). In order to maintain a predominately
undeveloped land use intensity pattern, single-family residential uses shall be allowed at a maximum
of one dwelling unit per two acres. All other residential and non-residential development shall be

Watershed Protection 25
allowed at a maximum 6 percent built-upon area. New residuals application sites and landfills are
specifically prohibited.
(1) Allowed uses.
(a) Agriculture.
(b) Silviculture.
(c) Residential development.
(d) Non-residential development, excluding:
1. Landfills; and
2. Sites for land application of residuals or petroleum contaminated soils.
(2) Density and built-upon limits.
(a) Single-family residential. Development shall not exceed one dwelling unit per
two acres on a project-by-project basis. No residential lot shall be less than two acres (80,000 square
feet excluding roadway right-of-way), except within an approved cluster development.
(b) In the alternative, single-family residential development is allowed on lots less
than two acres provided that the impervious surface coverage of all structures does not exceed six
percent. A note shall be added to the deed to reflect this provision; however, should the Haywood
County Watershed Protection Ordinance be repealed, this provision shall be null and void.
(c) All other residential and non-residential, including manufactured/mobile home
parks. Development shall not exceed 6 percent built-upon area on a project-by-project basis. For
the purpose of calculating built-upon area, total project area shall include total acreage in the tract on
which the project is to be developed.
(C) WS II Watershed Areas - Balance of Watershed (WS-II-MO. In order to maintain a
predominantly undeveloped land use intensity, single-family residential uses shall be allowed at a
maximum of one dwelling unit per acre. All other residential and non-residential development shall
be allowed a maximum of 12 percent built-upon area. In addition, new development may occupy ten
percent of the watershed area which is outside the critical area, with a 70 percent built-upon area
when approved as a special intensity allocation(SIA). The Watershed Administrator is authorized to
approve SIAs consistent with the provisions of this chapter. Allocation of this development
privilege shall be made by the Board of County Commissioners in accordance with rules and
procedures to be established. Projects must, to the maximum extent practicable, minimize built-
upon surface area, direct stormwater away from surface waters, and incorporate Best Management
Practices to minimize water-quality impacts. Non-discharging landfills and residuals application
sites are allowed.

26 Haywood County—Land Usage
(1) Allowed uses.
(a) Agriculture.
(b) Silviculture.
(c) Residential development.
(d) Non-residential development excluding discharging landfills.
(2) Density and built-upon limits.
(a) Single-family residential. Development shall not exceed one dwelling unit per
acre on a project-by-project basis. No residential lot shall be less than one acre (or 40,000 square
feet excluding roadway right-of-way), except within an approved cluster development.
(b) In the alternative, single-family residential development is allowed on lots less
than one acre provided that the impervious surface coverage of all structures does not exceed 12
percent. A note shall be added to the deed to reflect this provision; however, should the Haywood
County Watershed Protection Ordinance be repealed, this provision shall be null and void. Single-
family residential development is not eligible for special intensity allocations.
(c) All other residential and non-residential, including manufactured/mobile home
parks. Development shall not exceed 12 percent built-upon area on a project by project basis except
that up to 10 percent of the balance of the watershed may be developed for at up to 70 percent built-
upon area on a project-by-project basis. For the purpose of calculating built-upon area, total project
area shall include total acreage in the tract on which the project is to be developed.
(D) WS-III Watershed Areas - Critical Area (WS III-CA). In order to maintain a low to
moderate land use intensity, single-family residential uses are allowed at a maximum of one
dwelling unit per acre. All other residential and non-residential development shall be allowed to a
maximum of 12 percent built-upon area. New residuals application sites and landfills are specifically
prohibited.
(1) Allowed uses.
(a) Agriculture.
(b) Silviculture.
(c) Residential.
(d) Non-residential development, excluding:
1. Landfills, and

Watershed Protection 27
2. Sites for land application of residuals or petroleum contaminated soils.
(2) Density and built-upon limits.
(a) Single-family residential. Development shall not exceed one dwelling unit per
acre on a project-by-project basis. No residential lot shall be less than one acre (or 40,000 square
feet excluding roadway right-of-way), except within an approved cluster development.
(b) In the alternative, single-family residential development is allowed on lots less
than one acre provided that the impervious surface coverage of all structures does not exceed 12
percent. A note shall be added to the deed to reflect this provision; however, should the Haywood
County Watershed Protection Ordinance be repealed,this provision shall be null and void.
(c) All other residential and non-residential, including manufactured/mobile home
parks. Development shall not exceed 12 percent built-upon area on a project-by-project basis. For
the purpose of calculating built-upon area, the total project area shall include total acreage in the
tract on which the project is to be developed.
(E) WS-III Watershed Areas - Balance of Watershed(WS-III-BW). In order to maintain a low
to moderate land use pattern, single-family detached uses shall develop at a maximum of two
dwelling units per acre. All other residential and non-residential development shall be allowed at a
maximum of 24 percent built-upon area. In addition, new development and expansions to existing
development may occupy 10 percent of the balance of the watershed area with up to 70 percent
built-upon area when approved as a special intensity allocation(SIA). The Watershed Administrator
is authorized to approve SIAs consistent with the provisions of this chapter. Allocation of this
development privilege shall be made by the Board of County Commissioners in accordance with
rules and procedures to be established. Projects must, to the maximum extent practicable, minimize
built-upon surface area, direct stormwater away from surface waters and incorporate Best
Management Practices to minimize water quality impacts. Non-discharging landfills and residuals
application sites are allowed.
(1) Allowed uses.
(a) Agriculture.
(b) Silviculture.
(c) Residential development.
(d) Non-residential development excluding discharging landfills.
(2) Density and built-upon limits.

28 Haywood County—Land Usage
(a) Single-family residential. Development shall not exceed two dwelling units per
acre, as defined on a project-by-project basis. No residential lot shall be less than one-half acre (or
20,000 square feet excluding roadway right-of-way), except within an approved cluster
development.
(b) In the alternative, single-family residential development is allowed on lots less
than one-half acre provided that the impervious surface coverage of all structures does not exceed 24
percent. A note shall be added to the deed to reflect this provision; however, should the Haywood
County Watershed Protection Ordinance be repealed, this provision shall be null and void. Single-
family residential development is not eligible for special intensity allocations.
(c) All other residential and non-residential, including manufactured/mobile home
parks. Development shall not exceed 24 percent built-upon area on a project-by-project basis except
that up to 10 percent of the balance of the watershed may be developed with new development and
expansions to existing development at up to 70 percent built-upon area on a project-by-project basis.
For the purpose of calculating built-upon area, total project area shall include total acreage in the
tract on which the project is to be developed.
(Ord. passed 12-16-93; Am. Ord. passed 7-28-97)
§ 151.32 REGULATIONS FOR MANUFACTURED/MOBILE HOME PARKS AND
RECREATIONAL VEHICLES.
For the purposes of this chapter, the number of manufactured/mobile homes allowed in a
manufactured/mobile home park shall be determined based on the amount of built-upon area.
Manufactured/mobile homes shall be considered as part of the built-upon area, as shall "park model"
or other recreational vehicles that are permanently anchored to the ground as part of a development
or project. Recreational vehicles that are road-ready, with wheels attached and towing apparatus in
place, shall not be considered in the built-upon area calculation.
(Ord. passed 12-16-93)
§ 151.33 CLUSTER DEVELOPMENT.
Clustering of development is allowed in all watershed areas under the following conditions:
(A) Minimum lot sizes are not applicable to single-family cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for single-family
detached developments in § 151.31. Density or built-upon area for the project shall not exceed that
allowed for the critical area or balance of watershed, whichever applies.
(B) All built-upon area shall be designed and located to minimize stormwater runoff impact to
the receiving waters and minimize concentrated stormwater flow.

Watershed Protection 29
(C) The remainder of the tract shall remain in a vegetated or natural state. The title to the open
space area shall be conveyed to an incorporated homeowners association for management;to a local
government for preservation as a park or open space; or to a conservation organization for
preservation in a permanent easement. Where a property association is not incorporated, a
maintenance agreement shall be filed with the property deeds.
(Ord. passed 12-16-93; Am. Ord.passed 7-28-97)Penalty, see § 151.99
§ 151.34 BUFFER AREAS REQUIRED.
(A) A minimum 30-foot vegetative buffer for development activities, as measured from the top
of the bank, is required along all perennial waters indicated on the most recent versions of U.S.G.S.
1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies.
Desirable artificial streambank or shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures, other
structures such as flag poles, signs and security lights which result in only diminutive increases in
impervious area and public projects such as road crossings and greenways where no practical
alternative exists. These activities should minimize built-upon surface area, direct runoff away from
the surface waters and maximize the utilization of stormwater Best Management Practices.
(Ord. passed 12-16-93;Am. Ord. passed 7-28-97) Penalty, see § 151.99
§ 151.35 RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA
BOUNDARIES.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the watershed
map,the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street, alley,
railroad, or highway lines or centerlines thereof,the lines shall be construed to be the boundaries.
(B) Where area boundaries are indicated as approximately following lot lines, such lot lines
shall be construed to be the boundaries. However, a surveyed plat prepared by a registered land
surveyor may be submitted to the county as evidence that one or more properties along these
boundaries do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than 25 feet from any
parallel lot line, the location of watershed area boundaries shall be determined by use of the scale
appearing on the watershed map.
(D) Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any
parallel lot line,the location of watershed area boundaries shall be construed to be the lot line.

30 Haywood County—Land Usage
(E) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed
Map as to location of the boundaries. This decision may be appealed to the Watershed Review
Board.
(Ord. passed 12-16-93)
§ 151.36 APPLICATION OF REGULATIONS.
(A) No building or land shall hereafter be used, and no development shall take place, except in
conformity with the regulations herein specified for the watershed area in which it is located.
(B) No area required for the purpose of complying with the provisions of this chapter shall be
included in the area required for another building.
(C) If a use or class of use is not specifically indicated as being allowed in a watershed area,
such use or class of use is prohibited.
(Ord. passed 12-16-93; Am. Ord. passed 7-28-97) Penalty, see § 151.99
§ 151.37 EXISTING DEVELOPMENT.
(A) Generally. Existing development as defined in this chapter may be continued and
maintained subject to the provisions provided herein. Expansions to structures classified as existing
development must meet the requirements of this chapter; however,the built-upon area of the existing
development is not required to be included in the built-upon area calculations. See Appendix A for
an example of this calculation.
(B) Uses of land. This category consists of uses existing at the time of adoption of this chapter
where such use of the land is not permitted to be established hereafter in the watershed area in which
it is located. Such uses may be continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall not thereafter
revert to any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year,it shall not be reestablished.
(C) Reconstruction of buildings or built-upon areas. Any existing building or built-upon area
not in conformance with the restrictions of this chapter that has been damaged or removed may be
repaired and/or reconstructed subject to the State Building Code, so long as the total amount of lot
coverage is less than or equal to the percent of built-upon area allowed in the watershed or is not
increased from what was there before, whichever amount is greater. There are no restrictions on
single-family residential development.
(Ord. passed 12-16-93;Am. Ord. passed 7-28-97) Penalty, see § 151.99

Watershed Protection 31
PUBLIC HEALTH REGULATIONS
§ 151.50 GENERAL PROVISIONS.
No activity, situation, structure, or land use shall be allowed within the watershed which poses a
threat to water quality and the public health, safety, and welfare. Such conditions may arise from
inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and
erosion control measures; the improper storage or disposal of junk, trash, or other refuse within a
buffer area; the improper management of stormwater runoff; or any other situation found to pose a
threat to water quality.
(Ord. passed 12-16-93; Am. Ord.passed 7-28-97)Penalty, see § 151.99
§ 151.51 ABATEMENT.
(A) The Watershed Administrator shall respond to complaints concerning land use activities
within the watershed areas to identify situations that may pose a threat to water quality.
(B) The Watershed Administrator shall report all findings to the Watershed Review Board.
The Watershed Administrator may consult with any public agency or official and request
recommendations.
(C) Where the Watershed Review Board finds a threat to water quality and the public health,
safety, and welfare,the Board shall institute any appropriate action or proceeding to restrain, correct,
or abate the condition and/or violation.
(Ord. passed 12-16-93;Am. Ord.passed 7-28-97)
PERMITS
§ 151.65 WATERSHED PROTECTION PERMIT.
(A) Except where a single-family residence is constructed on a lot deeded prior to January 1,
1994, no building or built-upon area shall be erected, moved, enlarged, or structurally altered, nor
shall any building permit be issued, nor shall any change in the use of any building or land be made
until a watershed protection permit has been issued by the Watershed Administrator. No watershed
protection permit shall be issued except in conformity with the provisions of this chapter.
(B) Watershed protection permit applications shall be filed with the Watershed Administrator.
The application shall include a completed application form and supporting documentation deemed
necessary by the Watershed Administrator.

32 Haywood County—Land Usage
(C) Prior to issuance of a watershed protection permit, the Watershed Administrator may
consult with qualified personnel for assistance to determine if the application meets the requirements
of this chapter.
(D) A watershed protection permit shall expire if a building permit or watershed occupancy
permit for such use is not obtained by the applicant within 12 months from the date of issuance.
(E) The county shall develop, and from time to time revise, forms for the purpose of
implementing this chapter.
(Ord. passed 12-16-93)Penalty, see § 151.99
§ 151.66 BUILDING PERMIT REQUIRED.
No permit required under the State Building Code shall be issued for any activity for which a
watershed protection permit is required until that permit has been issued.
(Ord. passed 12-16-93; Am. Ord. passed 7-28-97) Penalty, see § 151.99
§ 151.67 WATERSHED PROTECTION OCCUPANCY PERMIT.
(A) The Watershed Administrator shall issue a watershed protection occupancy permit
certifying that all requirements of this chapter have been met prior to the occupancy or use of a
building hereafter erected, altered, or moved and/or prior to the change of use of any building or land
in the following circumstances:
1. when there is a perennial stream on the property;
2. when impervious surface coverage is used for a residential watershed permit instead
of minimum lot size;
3. when a commercial watershed permit is issued;
4. when stormwater management facilities are used.
When a watershed occupancy permit is required, the following conditions apply:
(B) A watershed protection occupancy permit, either for the whole or part of a building, shall
be applied for coincident with the application for a watershed protection permit and shall be issued
or denied within ten days after the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Watershed
Administrator shall issue a watershed protection occupancy permit certifying that all requirements of
this chapter have been met coincident with the watershed protection permit.

Watershed Protection 33
(D) If the watershed protection occupancy permit is denied, the Watershed Administrator shall
notify the applicant in writing, stating the reasons for denial.
(E) No building or structure which has been erected, moved, or structurally altered may be
occupied until the Watershed Administrator has approved and issued a watershed protection
occupancy permit.
(Ord. passed 12-16-93;Am. Ord. passed 7-28-97) Penalty, see § 151.99
ADMINISTRATION AND ENFORCEMENT
§ 151.80 WATERSHED ADMINISTRATOR.
(A) The county shall appoint a Watershed Administrator,who shall be duly sworn in.
(B) It shall be the duty of the Watershed Administrator to administer and enforce the
provisions of this chapter as follows:
(1) The Watershed Administrator shall issue watershed protection permits and watershed
protection occupancy permits as prescribed herein. A record of all permits shall be kept on file and
shall be available for public inspection during regular office hours of the Administrator.
(2) The Watershed Administrator shall serve as clerk to the Watershed Review Board.
(3) The Watershed Administrator shall keep records of all amendments to the local Water
Supply Watershed Protection regulations and shall provide copies of all amendments upon adoption
to the Water Quality Section of the Division of Environmental Management.
(4) The Watershed Administrator shall keep records of the jurisdiction's utilization of the
provision that a maximum of 10 percent of the non-critical area of WS-II and WS-III watersheds
may be developed with development at a maximum of 70 percent built-upon surface area. Records
for each watershed shall include the total acres of non-critical watershed area, total acres eligible to
be developed under this option, total acres approved for this development option, and individual
records for each project with the following information: location,number of developed acres,type of
land use, and stormwater management plan if applicable.
(5) The Watershed Administrator is granted the authority to administer and enforce the
provisions of this chapter, exercising in the fulfillment of his or her responsibility the full police
power of the county. The Watershed Administrator, or a duly authorized representative, may enter
any building, structure, or premises, as provided by law, to perform any duty imposed upon the
Watershed Administrator by this chapter.

34 Haywood County—Land Usage
(6) The Watershed Administrator shall keep a record of variances to the local Water
Supply Watershed protection regulations. This record shall be submitted to the Division of Water
Quality for each calendar year or before January I of the following year and shall provide a
description of each project receiving a variance and the reasons for granting the variance.
(Ord. passed 12-16-93; Am. Ord. passed 7-28-97)
§ 151.81 CHANGES AND AMENDMENTS TO WATERSHED PROTECTION
REGULATIONS.
(A) The County Board of Commissioners may, on its own motion or on petition, after public
notice and hearing, amend, supplement, change, or modify the watershed regulations and restrictions
as described herein.
(B) No action shall be taken until the proposal has been submitted to the Watershed Review
Board for review and recommendations. If no recommendation has been received from the
Watershed Review Board within 45 days after submission of the proposal to the Chair of the
Watershed Review Board, the County Board of Commissioners may proceed as though a favorable
report had been received.
(C) Under no circumstances shall the County Board of Commissioners adopt such
amendments, supplements, or changes that would cause this chapter to violate the watershed
protection rules as adopted by the State Environmental Management Commission. All amendments
must be filed with the State Division of Environmental Management, State Division of
Environmental Health, and the State Division of Community Assistance.
(Ord. passed 12-16-93)
F
§ 151.82 PUBLIC NOTICE AND HEARING REQUIRED.
Before adopting or amending this chapter, the County Board of Commissioners shall hold a
public hearing on the proposed changes. A notice of the public hearing shall be given once a week
for two successive calendar weeks in a newspaper having general circulation in the area. The notice
shall be published for the first time not less than 10 nor more than 25 days before the date fixed for
the hearing.
(Ord. passed 12-16-93)
§ 151.83 ESTABLISHMENT OF WATERSHED REVIEW BOARD.
(A) There shall be and is created the Watershed Review Board consisting of nine members
appointed by the County Board of Commissioners. The members shall be residents of the county.
Three members shall be from the Pigeon Valley, three from Maggie Valley, one from Waynesville,
one from Canton,and one shall be a member of the Board of Commissioners.

I'.
Watershed Protection 35
(B) Five members shall be appointed for three year terms, and four members shall be appointed
for two-year terms. Thereafter, all new terms shall be for three years, and members may be
reappointed for one additional full three-year term.
(Ord. passed 12-16-93)
§ 151.84 RULES OF CONDUCT FOR MEMBERS.
(A) Members of the Board may be removed by the County Board of Commissioners for cause,
including violation of the rules stated in divisions (B)through(G)of this section.
(B) Faithful attendance at meetings of the Board and conscientious performance of the duties
required of members of the Board shall be considered a prerequisite to continuing membership on
the Board.
(C) No Board member shall take part in the hearing, consideration, or determination of any
case in which he or she is personally or financially interested. A Board member shall have a
FINANCIAL INTEREST in a case when a decision in the case will:
(1) Cause the Board member or the Board member's spouse to experience a direct
financial benefit or loss, or
(2) Will cause a business in which the Board member or the Board member's spouse owns
a 10 percent or greater interest, or in which the Board member or the Board member's spouse is
involved in a decision-making role, to experience a direct financial benefit or loss. A Board member
shall have a PERSONAL INTEREST in a case when it involves a member of his or her immediate
family(for example,parent, spouse, or child).
(D) No Board member shall discuss any case with any parties thereto prior to the hearing on
that case; provided, however, that members may receive and/or seek information pertaining to the
case from the Watershed Administrator or any other member of the Board, its secretary, or clerk
prior to the hearing.
(E) Members of the Board shall not express individual opinions on the proper judgement of
any case prior to its determination on that case.
(F) Members of the Board shall give notice of any potential conflict of interest which he or she
has in a particular case before the Board to the Chair at least 48 hours prior to the hearing.
(G) No Board member shall vote on any matter that decides an application or appeal unless he
or she has attended the public hearing of that application or appeal.
(Ord. passed 12-16-93)

36 Haywood County—Land Usage
§ 151.85 POWERS AND DUTIES OF WATERSHED REVIEW BOARD.
(A) Administrative review. The Watershed Review Board shall hear and decide appeals from
any decision or determination made by the Watershed Administrator in the enforcement of this
chapter.
(B) Variances. The Watershed Review Board shall have the power to authorize, in specific
cases, minor variances from the terms of this chapter as will not be contrary to the public interests
where, owing to special conditions, a literal enforcement of this chapter will result in practical
difficulties or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety
and welfare secured, and substantial justice done. In addition, the county shall notify and allow a
reasonable comment period for all other local governments having jurisdiction in the designated
watershed where the variance is being considered.
(1) Applications for a variance shall be made on the proper form obtainable from the
Watershed Administrator and shall include the following information:
(a) A site plan, drawn to a scale of at least one inch to 40 feet,indicating the property
lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas
and other built-upon areas; surface water drainage. The site plan shall be neatly drawn and indicate
north arrow point, name and address of person who prepared the plan, date of the original drawing,
and an accurate record of any later revisions.
(b) A complete and detailed description of the proposed variance, together with any
other pertinent information which the applicant feels would be helpful to the Watershed Review
Board in considering the application.
(c) The Watershed Administrator shall notify in writing each local government
having jurisdiction in the watershed and the entity using the water supply for consumption whenever
a variance request is filed. Such notice shall include a description of the variance being requested.
Local governments receiving notice of the variance request may submit comments to the Watershed
Administrator prior to a decision by the Watershed Review Board. Such comments shall become a
part of the record of proceedings of the Watershed Review Board.
(2) Before the Watershed Review Board may grant a variance, it shall make the following
three findings, which shall be recorded in the permanent record of the case, and shall include the
factual reasons on which they are based:
(a) There are practical difficulties or unnecessary hardships in the way of carrying
out the strict letter of the provisions of this chapter. In order to determine that there are practical
difficulties or unnecessary hardships, the Board must find that the five following conditions exist:

Watershed Protection 37
1. If he complies with the provisions of this chapter, the applicant can secure
no reasonable return from, nor make reasonable use of, his property. Merely proving that the
variance would permit a greater profit to be made from the property will not be considered adequate
to justify the Board in granting a variance. Moreover, the Board shall consider whether the variance
is the minimum possible deviation from the terms of this chapter that will make possible the
reasonable use of his property.
2. The hardship results from the application of the provisions of this chapter to
the property rather than from other factors such as deed restrictions or other hardship.
3. The hardship is due to the physical nature of the applicant's property, such as
its size, shape, or topography, which is different from that of neighboring property.
4. The hardship is not the result of the actions of an applicant who knowingly
or unknowingly violates this chapter and then comes to the Board for relief.
5. The hardship is peculiar to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special privilege denied to others, and would not
promote equal justice.
(b) The variance is in harmony with the general purpose and intent of this chapter
and preserves its spirit.
(c) In the granting of the variance, the public safety and welfare have been assured
and substantial justice has been done. The Board shall not grant a variance if it finds that doing so
would in any respect impair the public health, safety, or general welfare.
(3) In granting the variance, the Board may attach thereto such conditions regarding the
location, character, and other features of the proposed building, structure, or use as it may deem
advisable in furtherance of the purpose of this chapter. If a variance for the construction, alteration
or use of property is granted, such construction, alteration or use shall be in accordance with the
approved site plan.
(4) The Watershed Review Board shall refuse to hear an appeal or an application for a
variance previously denied if it fmds that there have been no substantial changes in conditions or
circumstances bearing on the appeal or application.
(5) A major or minor variance issued in accordance with this section shall be considered a
watershed protection permit and shall expire if a building permit or watershed occupancy permit for
such use is not obtained by the applicant within six months from the date of the decision.

38 Haywood County—Land Usage
(6) If the application calls for the granting of a major variance, and if the Watershed
Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record
of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be added to the
permit.
(7) The preliminary record shall be sent to the Environmental Management Commission
for its review as follows:
(a) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that the property owner can secure no reasonable return from, nor
make any practical use of the property unless the proposed variance is granted, and the variance, if
granted, will not result in a serious threat to the water supply,then the Commission shall approve the
variance as proposed or approve the proposed variance with conditions and stipulations. The
Commission shall prepare a Commission decision and send it to the Watershed Review Board. If
the Commission approves the variance as proposed, the Board shall prepare a final decision granting
the proposed variance. If the Commission approves the variance with conditions and stipulations,
the Board shall prepare a final decision, including such conditions and stipulations, granting the
proposed variance.
(b) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that the property owner can secure a reasonable return from or
make a practical use of the property without the variance or the variance, if granted, will result in a
serious threat to the water supply, then the Commission shall deny approval of the variance as
proposed. The Commission shall prepare a Commission decision and send it to the Watershed
Review Board. The Board shall prepare a final decision denying the variance as proposed.
(C) Subdivision approval. For subdivision approval see §§ 151.15 through 151.18.
(D) Public health. For public health provisions see §§ 151.50 and 151.51.
(Ord. passed 12-16-93)

Watershed Protection 39
§ 151.86 APPEAL FROM THE WATERSHED ADMINISTRATOR.
(A) Any order, requirement, decision, or determination made by the Watershed Administrator
may be appealed to, and decided by,the Watershed Review Board.
(B) An appeal from a decision of the Watershed Administrator must be submitted to the
Watershed Review Board within 30 days from the date the order, interpretation, decision, or
determination is made. All appeals must be made in writing stating the reasons for appeal.
Following submission of an appeal, the Watershed Administrator shall transmit to the Board all
papers constituting the record upon which the action appealed from was taken.
(C) An appeal stays all proceedings in furtherance of the action appealed, unless the officer
from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with
him or her, that by reason of facts stated in the certificate, a stay would in his or her opinion cause
imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board or by a court of record on application of notice
of the officer from whom the appeal is taken and upon due cause shown.
(D) The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the
parties and shall decide the same within a reasonable time. At the hearing, any party may appear in
person,by agent, or by attorney.
(Ord. passed 12-16-93)
§ 151.87 APPEALS FROM THE WATERSHED REVIEW BOARD.
Appeals from the Watershed Review Board must be filed with the Superior Court within 30
days from the date of the decision. The decisions by the Superior Court will be in the manner of
certiorari.
(Ord. passed 12-16-93)
§ 151.98 VIOLATIONS.
(A) Remedies. If the Watershed Administrator finds that any of the provisions of this chapter
are being violated, he or she shall notify in writing the person responsible for the violation,
indicating the nature of the violation, and ordering the action necessary to correct it. The Watershed
Administrator shall order discontinuance of the illegal use of land, buildings, or structures; removal
of illegal buildings or structures, or of additions, alterations, or structural changes thereto;
discontinuance of any illegal work being done; or shall take any action authorized by this chapter to
ensure compliance with, or to prevent violation of, its provisions. If a ruling of the Watershed
Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Watershed
Review Board.
(B) Penalties for transferring lots in unapproved subdivisions,

40 Haywood County—Land Usage
(1) Any person who, being the owner or agent of the owner of any land located within the
jurisdiction of the county, thereafter subdivides his or her land in violation of this chapter or
transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision
of the land before the plat has been properly approved under this chapter and recorded in the office
of the register of deeds, shall be guilty of a misdemeanor. The description by metes and bounds in
the instrument of transfer or other document used in the process of selling or transferring land shall
not exempt the transaction from this penalty. The county may bring an action for injunction of any
illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate
findings, issue an injunction and order requiring the offending party to comply with this chapter.
(Ord.passed 12-16-93;Am. Ord. passed 7-28-97)
§ 151.99 PENALTY.
A Criminalpenalties. Anyperson violatinganyprovisions of this chapter shall beguiltyof a
( ) P
Class 3 misdemeanor and, upon conviction, shall be punished in accordance with G.S. § 14-4(a).
The maximum fine for each offense shall not exceed $500. Each day that the violation continues
shall constitute a separate offense.
(B) Civil penalties. If any subdivision, development and/or land use is found to be in violation
of this chapter,the County Governing Board may, in addition to all other remedies available either in
law or in equity, institute a civil penalty in the amount of$100 and action or proceedings to restrain,
correct, or abate the violation, to prevent occupancy of the building, structure, or land, or to prevent
any illegal act, conduct, business, or use in, or about, the premises. In addition, the State
Environmental Management Commission may assess civil penalties in accordance with G.S. § 143-
215.6A. Each day that the violation continues shall constitute a separate offense.
(Ord. passed 12-16-93)
APPENDIX: EXISTING DEVELOPMENT
It is possible to expand an existing business in a water supply watershed. EXISTING
DEVELOPMENT is not required to be included in the density calculations. For example, in the
balance of WS-III watersheds, you may expand your business to cover up to 24 percent of the lot
area not already covered by impervious surfaces. In the critical area, the limit is 12 percent. In the
balance of a WS-III watershed, assume you have a lot of 15,000 square feet, with an existing
business and associated parking lot of 5,000 square feet. You want to find out how much of an
addition is allowed under the rules. Subtract the 5,000 of EXISTING DEVELOPMENT from the
lot, which leaves 10,000. Multiply 10,000 by 24 percent, which gives 2,400 square feet. Your
addition can be 2,400 square feet of building, parking area, driveways, and the like. If this lot were
in the critical area, your addition could be 1,200 square feet. New businesses can only cover a total
of 24 percent of its property if it is in the balance of the watershed, and 12 percent if it is in the
critical area. The buffer requirement must be met with both expansions and new developments.
(Ord. passed 12-16-93; Am. Ord.passed 7-28-97)