WSCO_BUNC_WSWP Ordinance_20210112

ARTICLE II. - WATERSHED PROTECTIONu
Footnotes:
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Editor's note— Ord. No. 98-7-3, §§ 101-611, adopted July 7, 1998, amended Art. II in its entirety to
read as herein set out.
State Law reference— Water supply watershed protection, G.S. § 143-214.5 et seq.
DIVISION 1. - AUTHORITY AND GENERAL REGULATIONS
Sec. 78-26. - Authority and enactment.
The Legislature of the State of North Carolina has, in Chapter 153A, Article 6, Section 121, General
Ordinance Authority; in Chapter 153A, Article 18, Part 2, Subdivision Regulations; and in 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.
The county board of commissioners does hereby ordain and enact into law the following articles as the
Watershed Protection Ordinance of Buncombe County, North Carolina.
(Ord. No. 98-7-3, art. 100, § 101, 7-7-98)
Sec. 78-27. -Jurisdiction.
The provisions of this article shall apply within the areas designated as a public water supply
watershed by the North Carolina Environmental Management Commission and shall be defined and
established on the map entitled, "Watershed Protection Map of Buncombe 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 article. This article shall be
permanently kept on file in the office of the county clerk. The official watershed map is available for review
at the county planning department, 46 Valley Street, Asheville, NC.
(Ord. No. 98-7-3, art. 100, § 102, 7-7-98)
Sec. 78-28. - 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 article amend, modify, or restrict any provisions of
this Code; however, the adoption of this article shall and does amend any and all ordinances,
resolutions, and regulations in effect in the county at the time of the adoption of this article that may
be construed to impair or reduce the effectiveness of this article 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 article, is not subject to the requirements of this article.
Expansions to structures classified as existing development must meet the requirements of this
article, however, the built -upon area of the existing development is not required to be included in the
density calculations.

(d) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then
that lot of record shall not be subject to the development restrictions of this article if it is developed
for single-family residential purposes. Any lot or parcel created as part of a family subdivision after
the effective date of these rules shall be exempt from these rules if it is developed for one single-
family detached residence and if it is exempt from local subdivision regulation. Any lot or parcel
created as part of any other type of subdivision that is exempt from a local subdivision ordinance
shall be subject to the land use requirements (including impervious surface requirements) of these
rules, except that such a lot or parcel must meet the minimum buffer requirements to the maximum
extent practicable.
(e) This article shall in no way regulate, prohibit or otherwise deter any bona fide farm and its related
use, except as specified in section 78-77.
(Ord. No. 98-7-3, art. 100, § 103, 7-7-98)
Sec. 78-29. - Repeal of existing watershed ordinance.
This article in part carries forward by re-enactment, some of the Water Supply Watershed Protection
Ordinance of Buncombe County, North Carolina (adopted by the county board of commissioners on
November 16, 1993 as amended), and it is not the intention to repeal but rather to re-enact and continue
in force such existing provisions so that all rights and liabilities that have accrued thereunder are
preserved and may be enforced. All provisions of the watershed protection ordinance which are not re-
enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the
violation of any ordinance provisions heretofore in effect, which are now pending in any court of this state
or of the United States, shall not be abated or abandoned by reason of the adoption of this article, but
shall be prosecuted to their finality the same as if this article had not been adopted; and any and all
violations of the existing watershed protection ordinance, prosecutions for which have not yet been
instituted, may be hereafter filed and prosecuted; and nothing in this article shall be so construed as to
abandon, abate or dismiss any litigation or prosecution now pending and/or which may heretofore have
been instituted or prosecuted.
(Ord. No. 98-7-3, art. 100, § 104, 7-7-98)
Sec. 78-30. - Criminal penalties.
Any person violating any provisions of this article shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with G.S. § 14-4. The maximum fine for each offense shall
not exceed $500.00. Each day that the violation continues shall constitute a separate offense.
(Ord. No. 98-7-3, art. 100, § 105, 7-7-98)
Sec. 78-31. - Remedies.
(a) If any subdivision, development and/or land use is found to be in violation of this article, the county
board of commissioners may, in addition to all other remedies available either in law or in equity,
institute a civil penalty in the amount of $100.00, 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 North Carolina Environmental
Management Commission may assess civil penalties in accordance with G.S. § 143-215.6(a). Each
day that the violation continues shall constitute a separate offense.
(b) The watershed administrator, upon finding that any of the provisions of this article are being
violated, shall notify in writing the person responsible for such violation, indicating the nature of the
violation, and ordering the action necessary to correct it. The watershed administrator may 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 may take any action authorized by this article 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.
(Ord. No. 98-7-3, art. 100, § 106, 7-7-98)
Sec. 78-32. - Severability.
Should any section or provision of this article be declared invalid or unconstitutional by any court of
competent jurisdiction, the declaration shall not affect the validity of this article as a whole or any part
thereof that is not specifically declared to be invalid or unconstitutional.
(Ord. No. 98-7-3, art. 100, § 107, 7-7-98)
Sec. 78-33. - Effective date.
This article shall take effect and be in force on July 24, 1998.
Secs. 78-34-78-40. - Reserved.
DIVISION 2. - DEFINITIONS
Sec. 78-41. - General definitions.
Agricultural use means the use of waters for stock watering, irrigation and other farm purposes.
Best management practices (BMP) means a structural or nonstructural management -based practice
used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve
water quality protection goals.
Bona fide farm means all land on which agricultural operations are conducted as the principal use, to
include cultivation of crops and husbandry of livestock.
Buffer means 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 means 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.
Built -upon area means 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 (e.g. tennis courts), etc. (Note: Wooden slatted decks and
the water area of a swimming pool are considered pervious.)
Cluster development means 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 nonresidential development as well as single-family residential and multi -family
developments. For the purpose of this article, planned unit developments and mixed use development are
considered as cluster development.

Critical area means 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 means 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.
Development means 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 means a building, or portion thereof, providing complete and permanent living facilities
for one family.
Existing development means those projects that are built or those projects that at a minimum have
established a vested right as of the effective date of this article 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 project; or
(2) Having an outstanding valid building permit as authorized by the General Statutes (G.S. §
153A-344.1), or
(3) Having an approved site specific or phased development plan as authorized by the General
Statues (G.S. § 153A-344.1).
Existing lot (lot of record) means a lot, the plat or deed of which has been recorded in the office of
the register of deeds prior to the adoption of this article, or a lot described by metes and bounds, the
description of which has been so recorded in the office of the register of deeds prior to the adoption of this
article.
Family means 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 means a division of a tract of land: (a) to convey the resulting parcels, with the
exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal
consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one
relative; or (b) to divide land from a common ancestor among tenants in common, all of whom inherited by
intestacy or by will.
Industrial development means any nonresidential 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, cleaning or developing any product or commodity.
Landfill means a facility for the disposal of solid waste on land in a sanitary manner in accordance
with G.S. Ch. 130A, Art. 9. For the purpose of this article this term does not include composting facilities.
Lot means a parcel of land, the plat, deed or description by metes and bounds which has been
recorded in the office of the register of deeds, 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 means 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 ten percent, of any management requirement under the
low density option;
(2) The relaxation, by a factor greater than five percent, of any buffer, density or built -upon area
requirement under the high density option;
(3) Any variation in the design, maintenance or operation requirements of a wet detention pond or
other approved stormwater management system.
Minor variance means a variance from the minimum statewide watershed protection rules that
results in a relaxation, by a factor of up to five percent of any buffer, density or built -upon area
requirement under the high density option; or that results in a relaxation, by a factor of up to ten percent,
of any management requirement under the low density option.
Nonconforming lot of record means 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.
Nonresidential development means all development other than residential development, agriculture
and silviculture.
Plat means a map or plan of a parcel of land which is to be, or has been subdivided.
Residential development means buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated
outbuildings such as garages, storage buildings, gazebos, etc. and customary home occupations.
Residuals means any solid or semi -solid 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 family residential means any development where: (1) no building contains more than one
dwelling unit, (2) every dwelling unit is on a separate lot, and (3) where no lot contains more than one
dwelling unit.
Street (road) means a right-of-way for vehicular traffic which affords the principal means of access to
abutting properties.
Structure means 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 means any person, firm or corporation who subdivides or develops any land deemed to
be a subdivision as herein defined.
Subdivision means 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
article:
(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 article;
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication
is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of 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 article;
(5) The division of a tract into plots or lots used as a cemetery.
Toxic substance means 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 offspring or other adverse health effects.
Variance means 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 article.
Water dependent structure means any structure for which the use requires access to or proximity to
or siting within surface waters to fulfill its basic purpose, such as bridges, 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 means the entire land area contributing surface drainage to a specific point (e.g. the
water supply intake.)
Watershed administrator means an official or designated person of Buncombe County responsible
for administration and enforcement of this article.
(Ord. No. 98-7-3, art. 200, § 201, 7-7-98)
Sec. 78-42. - Word interpretation.
Except as specifically defined herein, all words used in this article have their customary dictionary
definitions. For the purpose of this article, certain words or terms used herein are defined as follows:
Words in the present tense include the future tense.
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.
The word "person" or "applicant" includes a firm, association, partnership, corporation, trust, and
company as well as an individual.
The word "structure" shall include the word "building."
The word "lot" shall include the words, "plot," "parcel," or "tract."
The word "may" is permissive.
The word "shall' is always mandatory and not merely directory.
The word "will' is always mandatory and not merely directory.
(Ord. No. 98-7-3, art. 200, § 202, 7-7-98)
Secs. 78-43-78-60. - Reserved.
DIVISION 3. - SUBDIVISION REGULATIONS

Sec. 78-61. - General provisions.
(a) No subdivision plat of land within the public water supply watershed shall be filed or recorded by the
register of deeds, nor shall it be approved for recordation by a county review officer, until it has been
approved in accordance with the provisions of this division. Likewise, the clerk of superior court shall
not order or direct the recording of a plat if the recording of such plat would be in conflict with this
division.
(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.
(d) All subdivisions of land within the jurisdiction of the county after the effective date of this article shall
require a plat to be prepared, approved, and recorded pursuant to this article.
(Ord. No. 98-7-3, art. 300, § 301, 7-7-98)
Sec. 78-62. - Subdivision application and review procedures.
(a) All proposed subdivision plats shall be reviewed prior to recording with the register of deeds by
submitting a vicinity map to the watershed administrator 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 article and may be recorded.
Subdivisions within the designated watershed area shall comply with the provisions of this article and
all other state and local requirements that may apply.
(b) Subdivision applications shall be filed with the watershed administrator. The application shall
include a completed application form, one copy of the plat and supporting documentation deemed
necessary by the watershed administrator or the watershed review board.
(c) The watershed administrator shall review the completed application and shall either approve,
approve conditionally or disapprove each application. The watershed administrator shall take final
action within ten working days of submission of the application. The watershed administrator or the
board 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 action within
the prescribed time limit. Said public agencies may include, but are not limited to, the following:
(1) The district highway engineer with regard to proposed streets and highways.
(2) The director of the health department with regard to proposed private water system or sewer
systems normally approved by the health department.
(3) The state division of environmental management with regard to proposed sewer systems
normally approved by the division, engineered stormwater controls or stormwater management
in general.
(4) Any other agency or official designated by the watershed administrator or watershed review
board.
(d) If the watershed administrator approves the application, such approval shall be indicated on the
original plat and on the copy of the plat by the following certificate and signed by the watershed
administrator:
Certificate of Approval for Recording
I certify that the plat shown hereon complies with the Watershed Protection Ordinance and is approved
for recordation.

Date
Watershed Administrator
Notice: This property is located within a Public Water Supply Watershed —development restrictions may
apply.
(e) 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.
(f) All subdivision plats shall comply with the requirements for recording of the county register of deeds.
(Ord. No. 98-7-3, art. 300, § 302, 7-7-98)
Sec. 78-63. - Subdivision standards and required improvements.
(a) Building space. All lots shall provide adequate building space in accordance with the development
standards contained in division 4. Lots which are smaller than the minimum required for single-family
residential lots may be developed for non -single-family residential purposes using built -upon criteria
in accordance with division 4.
(b) Calculation. 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) Stormwater drainage facilities. The application shall be accompanied by a description of the
proposed method of providing stormwater drainage. The subdivider shall provide a drainage system
that diverts stormwater runoff 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 county erosion and sedimentation control office.
(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. No. 97-7-3, § 303, 7-7-98)
Sec. 78-64. - Construction procedures.
(a) No construction or installation of improvements shall commence in a proposed subdivision until a
subdivision application has been approved by the watershed administrator.
(b) No building or other permits shall be issued for erection of a structure on any lot not of record at the
time of adoption of this article until all requirements of this article 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. No. 98-7-3, art. 300, § 304, 7-7-98)
Sec. 78-65. - Penalties for transferring lots in unapproved subdivisions.

Any person who, being the owner or agent of the owner of any land located within the jurisdiction of
the county, thereafter subdivides his land in violation of this article 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 article 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 of Buncombe 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 article.
(Ord. No. 98-7-3, art. 300, § 305, 7-7-98)
Secs. 78-66-78-75. - Reserved.
DIVISION 4. - DEVELOPMENT REGULATIONS
Sec. 78-76. - Establishment of watershed areas.
The purpose of this division is to list and describe the watershed areas herein adopted. For purposes
of this article the county is hereby divided into the following areas as appropriate:
(1) WS-1, WS-11-CA (Critical Area), WS-11-BW (Balance of Watershed).
(1) (a)
WS-1 water supply watersheds, as recorded on the Watershed Map, are undeveloped.
(2) The Ivy Watershed, as recorded on the watershed map, is classified WS-11. Development
within the Ivy is allowed as specified by the allowed uses for WS-11 watersheds in section
78-77.
(Ord. No. 98-7-3, art. 400, § 401, 7-7-98)
Sec. 78-77. -Watershed areas described.
(a) WS-1 Watershed Areas. The intent is to provide maximum protection for water supplies within
natural and undeveloped watersheds in public ownership by allowing only low intensity uses. No
residential or nonresidential uses are allowed except those listed below. Impacts from nonpoint
source pollution shall be minimized.
(1) Allowed uses
a. Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and all rules and regulations of the Soil
and Water Conservation Commission. Agricultural activities conducted after January 1,
1993 shall maintain a minimum ten foot vegetative buffer, or equivalent control as
determined by the Soil and Water Conservation Commission, 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. Animal operations permitted under
15A NCAC 2H.0217 and deemed permitted are allowed.
b. Silviculture subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 11.6101-.0209).
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 nonresidential development shall be allowed at a
maximum six percent built -upon area. New residuals application sites and landfills are specifically
prohibited.
(1) Allowed Uses:
a. Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and all rules and regulations of the Soil
and Water Conservation Commission. Agricultural activities conducted after January 1,
1993 shall maintain a minimum ten foot vegetative buffer, or equivalent control as
determined by the Soil and Water Conservation Commission, 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. Animal operations permitted under
15A NCAC 2H.0217 and deemed permitted are allowed.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 1I.6101-.0209).
c. Residential development.
d. Nonresidential 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. All other residential and nonresidential. Development shall not exceed six percent built -
upon area on a project by project basis. For the purpose of calculating the 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-IV-BM. In order to maintain predominantly
undeveloped land use intensity, single family residential uses shall be allowed at a maximum of one
dwelling unit per acre (1 du/ac). All other residential and nonresidential development shall be allowed
a maximum of 12 percent built -upon area. In addition, non -single family residential development may
occupy ten percent of the watershed area which is outside the critical area, with 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 article. 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.
Nondischarging landfills and residuals application sites are allowed.
(1) Uses allowed:
a. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 1I.6101-.0209).
c. Residential development
d. Nonresidential development, excluding discharging landfills.
(2) Density and built -upon limits:

a. Single family residential. Development shall not exceed one dwelling unit per acre (1
du/ac), on a project by project basis. No single family 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. All other residential and nonresidential. Development shall not exceed 12 percent built -
upon area on a project by project basis except that up to ten percent of the balance of the
watershed may be developed for non -single family residential uses 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. No. 98-7-3, art. 400, § 402, 7-7-98)
Sec. 78-78. - Cluster development.
Cluster development is allowed in all watershed areas [except WS-1] under the following conditions:
(1) 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 section 78-77. Density or built -upon area for the project shall not exceed that
allowed for the critical area or balance of watershed, whichever applies.
(2) All built -upon area shall be designed and located to minimize stormwater runoff impact to the
receiving waters and minimize concentrated stormwater flow.
(3) 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. No. 98-7-3, art. 400, § 403, 7-7-98)
Sec. 78-79. - Buffer areas required.
(a) A minimum 100-foot vegetative buffer is required for all new development activities that exceed the
low density option; otherwise, a minimum 30-foot vegetative buffer for development activities 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 only in 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. No. 98-7-3, art. 400, § 404, 7-7-98)
Sec. 78-80. - 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:

(1) Where area boundaries are indicated as approximately following either street, alley, railroad or
highway lines or centerlines thereof, such lines shall be construed to be said boundaries.
(2) Where area boundaries are indicated as approximately following lot lines, such lot lines shall
be construed to be said boundaries. However, a surveyed plat prepared by a registered land
surveyor may be submitted to the watershed administrator as evidence that one or more
properties along these boundaries do not lie within the watershed area.
(3) Where other uncertainty exists, the watershed administrator shall interpret the watershed map
as to location of such boundaries. This decision may be appealed to the watershed review
board.
(Ord. No. 98-7-3, art. 400, § 405, 7-7-98)
Sec. 78-81. - 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 article 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. No. 98-7-3, art. 400, § 406, 7-7-98)
Sec. 78-82. - Existing development.
Existing development as defined in this article, may be continued and maintained subject to the
provisions provided herein. Expansions to structures classified as existing development must meet the
requirements of this article, however the built -upon area of the existing development is not required to be
included in the built -upon area calculations.
(1) Uses of land. This category consists of uses existing at the time of adoption of this article
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:
a. When such use of land has been changed to an allowed use, it shall not thereafter revert to
any prohibited use.
b. Such use of land shall be changed only to an allowed use.
c. When such use ceases for a period of at least one year, it shall not be reestablished.
(2) Reconstruction of buildings or built -upon areas. Any existing building or built -upon area not in
conformance with the restrictions of this article that has been damaged or removed may be
repaired and/or reconstructed and there are no restrictions on single family residential
development, provided:
a. Repair or reconstruction is initiated within 12 months and completed within two years of
such damage.
b. The total amount of space devoted to built -upon area may not be increased unless
stormwater control that equals or exceeds the previous development is provided.
(Ord. No. 98-7-3, art. 400, § 407, 7-7-98)
Sec. 78-83. -Watershed protection permit.

(a) Except where a single family residence is constructed on a lot deeded prior to the effective date of
this article, 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 article.
(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.
(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
article.
(d) A watershed protection permit shall expire if a building permit or watershed protection occupancy
permit for such use is not obtained by the applicant within 12 months from the date of issuance.
(Ord. No. 98-7-3, art. 400, § 408, 7-7-98)
Sec. 78-84. - Building permit required.
No permit required under the North Carolina State Building Code shall be issued for any activity for
which a watershed protection permit is required until that permit has been issued.
(Ord. No. 98-7-3, art. 400, § 409, 7-7-98)
Sec. 78-85. -Watershed protection occupancy permit.
(a) The watershed administrator shall issue a watershed protection occupancy permit certifying that all
requirements of this article 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.
(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 article have
been met coincident with the watershed protection permit.
(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. No. 98-7-3, art. 400, § 410, 7-7-98)
Secs. 78-86-78-90. - Reserved.
DIVISION 5. - PUBLIC HEALTH REGULATIONS
Sec. 78-91. - Public health, in general.

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. No. 98-7-3, art. 500, § 501, 7-7-98)
Sec. 78-92. - Abatement.
(a) The watershed administrator shall monitor 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. No. 98-7-3, art. 500, § 502, 7-7-98)
Secs. 78-93-78-110. - Reserved.
DIVISION 6. - ADMINISTRATION, ENFORCEMENT AND APPEALS
Sec. 78-111. - Watershed administrator and duties thereof.
The county shall appoint a watershed administrator, who shall be duly sworn in. It shall be the duty of
the watershed administrator to administer and enforce the provisions of this article 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 ordinance 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 use of the provision that a
maximum of ten percent of the noncritical area of WS-II watersheds may be developed with
nonsingle family residential development at a maximum of 70 percent built -upon surface area.
Records for each watershed shall include the total acres of noncritical 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 article, exercising in the fulfillment of this 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 by this article.
(6) The watershed administrator shall keep a record of variances to the local water supply
watershed protection ordinance. This record shall be submitted for each calendar year to the
water quality section of the division of environmental management on or before January 1st of

the following year and shall provide a description of each project receiving a variance and the
reasons for granting the variance.
(Ord. No. 98-7-3, art. 600, § 601, 7-7-98)
Sec. 78-112. - 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, that by
reason of facts stated in the certificate, a stay would in his 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. No. 98-7-3, art. 600, § 602, 7-7-98)
Sec. 78-113. - Changes and amendments to the watershed protection ordinance.
(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 35 days after submission of the proposal to the chairman 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 article to violate the watershed protection rules as
adopted by the North Carolina Division of Environmental Management Commission. All amendments
must be filed with the North Carolina Division of Environmental Management, North Carolina Division
of Environmental Health, and the North Carolina Division of Community Assistance.
(Ord. No. 98-7-3, art. 600, § 603, 7-7-98)
Sec. 78-114. - Public notice and hearing required.
Before adopting or amending this article, 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 ten nor more than 25 days before the date set for the hearing.

(Ord. No. 98-7-3, art. 600, § 604, 7-7-98)
Sec. 78-115. - Establishment of watershed review board.
A watershed review board is hereby established. Said board shall be the county planning board,
shall consist of seven members and shall be appointed by the county board of commissioners. Each
member shall be a resident of the county and shall serve a term of three years.
(Ord. No. 98-7-3, art. 600, § 605, 7-7-98)
Sec. 78-116. - Rules of conduct for members.
Members of the board may be removed by the county board of commissioners for cause, including
violation of the rules stated below:
(1) 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.
(2) No board member shall take part in the hearing, consideration, or determination of any case in
which he 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 him or his spouse to experience a direct
financial benefit or loss, or (2) will cause a business in which he or his spouse owns a ten
percent or greater interest, or 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 immediate family (i.e. parent, spouse, or child).
(3) No board member shall discuss any case with any parties thereto prior to the public 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.
(4) Members of the board shall not express individual opinions on the proper judgment of any case
prior to its determination on that case.
(5) Members of the board shall give notice to the chairman at least 48 hours prior to the hearing of
any potential conflict of interest which he has in a particular case before the board.
(6) No board member shall vote on any matter that decides an application or appeal unless he had
attended the public hearing on that application or appeal.
(Ord. No. 98-7-3, art. 600, § 606, 7-7-98)
Sec. 78-117. - General proceedings of the watershed review board.
The board shall annually elect a chairman and a vice-chairman from among its members. The
chairman in turn shall appoint a secretary, who may be an employee of the county, a county officer or a
member of the watershed review board. The chairman, or in his absence the vice-chairman, may
administer oaths and request attendance of witnesses. The board shall keep minutes of its proceedings,
including the names of members present and absent, a record of the vote on every question or abstention
from voting, if any, together with records of its examinations and other official actions.
(Ord. No. 98-7-3, art. 600, § 607, 7-7-98)
Sec. 78-118. - Meetings.

(a) Board meetings. The board shall hold regular monthly meetings at a specified time and place.
Special meetings of the board may be called at any time by the chairman or by request of a majority
of the members of the board. At least 24 hours notice of the time and place of meetings shall be
given, by the chairman, to each member of the board. All board meetings are to be held in
accordance with G.S. Art. 33B, Ch. 143, commonly referred to as the Open Meetings Law.
(b) Cancellation of meetings. Whenever there are no appeals, variances or other business for the
board, or whenever so many members so notify the secretary of inability to attend that a quorum will
not be available, the chairman may dispense with a meeting by giving written or oral notice to all
members.
(c) Quorum. A quorum shall consist of four members of the board, but the board shall not pass upon
any questions relating to an appeal from a decision or determination of the watershed administrator
when there are fewer than 4/5 of the members present.
(d) Voting. All regular members may vote on any issue unless they have disqualified themselves for
one or more of the reasons listed in section 78-116. The required vote to decide applications for
appeals and variances shall not be reduced by any disqualification. The concurring vote of 4/5 of the
members of the board shall be necessary to reverse any decision or determination of the watershed
administrator. In all other matters, the vote of a majority of the members present and voting shall
decide issues before the board.
(Ord. No. 98-7-3, art. 600, § 608, 7-7-98)
Sec. 78-119. - Powers and duties of the 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 article.
(b) Variances. The watershed review board shall have the power to authorize, in specific cases, minor
variances from the terms of this article as will not be contrary to the public interests where, owing to
special conditions, a literal enforcement of this article will result in practical difficulties or unnecessary
hardship, so that the spirit of this article 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 at an appropriate scale, 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 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.
The watershed administrator shall notify in writing each local government having
jurisdiction in the watershed and the entity using the water supply for consumption. 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 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 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 ordinance. In order to determine that there are practical difficulties or
unnecessary hardships, the board must find that the five following conditions exist:
If he complies with the provisions of the ordinance, 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 the ordinance that will make possible the reasonable use of his property.
The hardship results from the application of the ordinance to the property rather than
from other factors such as deed restrictions or other hardship.
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 the ordinance, or who purchases the property after the effective
date of the ordinance, and then comes to the board for relief.
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 the ordinance and
preserves its spirit.
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 article. 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 finds that there have been no substantial changes in conditions or
circumstances bearing on the appeal or application.
(5) A variance issued in accordance with this section shall be considered a watershed protection
permit and shall expire if a building permit or watershed protection occupancy permit for such
use is not obtained by the applicant within 12 months from the date of the decision.
(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;
The evidence presented;
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.
The preliminary record shall be sent to the environmental management commission for its
review as follows:
If the commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure no reasonable return from, nor
make any practical use of the property unless the proposed variance is granted, and (2)
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.
If the commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure a reasonable return from or
make a practical use of the property without the variance or (2) 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. See division 3.
(d) Public health. See division 5.
(Ord. No. 98-7-3, art. 600, § 609, 7-7-98)
Sec. 78-120. - Appeals and variances.
(a) Procedure for filing applications for appeals and variances. No hearing shall be held by the board
unless notice thereof is filed within 30 days after the interested party or parties receive the decision
or determination by the watershed administrator or the aggrieved party or parties receive
constructive notice of the decision. All applications shall be submitted to the office of the watershed
administrator at least 15 days prior to the date the application is to be heard. Applications shall be
made upon the form specified for that purpose and all information required on the form shall be
complete before an application shall be considered as having been filed. Once applications have
been filed, the watershed administrator shall immediately notify the chairman of the board that such
applications have been received.
(b) Hearings.
(1) Time. After receipt of an application for an appeal or variance, the board chairman shall
schedule a time for a hearing which shall be at a regular or special meeting within 45 days from
the filing of such notice of the application.
(2) Notice of hearing. The watershed administrator shall notify by mail all local governments having
jurisdiction in the designated watershed at least 14 days in advance of the board's meeting at
which the application is to be heard. For all applications, the watershed administrator shall also
give public notice of the meeting in the newspaper having general circulation in the county
published at least five days prior to the hearing. Such notice shall state the location of the
building or lot, the general nature of the question involved and the time and place of the hearing.
(3) Conduct of hearing. The hearing shall be a quasi-judicial proceeding. Any party may appear in
person or by agent or by attorney at the hearing. The order of business for the hearing shall be
as follows: (a) The chairman, or such person as he shall direct, shall give a preliminary

statement of the case; (b) the applicant shall present the argument in support of the application;
(c) persons opposed to granting the application shall present their argument against the
application; (d) both sides will be permitted to present rebuttals to opposing testimony; (e) the
chairman shall summarize the evidence which has been presented, giving the parties
opportunity to make objections or corrections. Witnesses may be called and factual evidence
may be submitted, but the board shall not be limited to consideration of only such evidence as
would be admissible in a court of law. The board may view the premises before arriving at a
decision. All witnesses before the board may be placed under oath and the opposing party may
cross-examine them.
(c) Decisions.
(1) Time. A decision by the board shall be made within 35 days from the time of the hearing.
(2) Form. Written notice by certified or registered mail of the decision in a case shall be given to
the applicant or appellant by the secretary as soon as practical after the case is decided. Also,
written notice shall be given to owners of the subject property and to persons who have made a
written request for such notice. The final decision of the board shall be shown in the record of
the case as entered in the approved minutes. Such record shall show the reasons for the
determination, with a summary of the evidence introduced and the findings of fact made. Every
decision of the board shall be a public record and available for inspection at the office of the
watershed administrator.
(3) Decision. The decision on an application for an appeal may reverse or affirm, wholly or partly,
or modify the decision or determination of the watershed administrator.
(4) Approval. With an application for a major variance, the watershed review board shall provide a
recommendation to the North Carolina Environmental Management Commission. The North
Carolina Environmental Management Commission shall have the authority to approve or deny
the issuance of a variance. If the North Carolina Environmental Management Commission
approves the variance, the watershed review board may direct the watershed administrator to
issue a watershed protection permit.
(5) Expiration of permits. Unless otherwise specified, any order or decision of the board in granting
a watershed protection permit shall expire if a building permit or watershed protection
occupancy permit for such use is not obtained by the applicant within 12 months from the date
of the decision.
(Ord. No. 98-7-3, art. 600, § 610, 7-7-98)
Sec. 78-121. - Decisions and appeals from the watershed review board.
Every decision by the watershed review board shall be subject to review by superior court. All
appeals must be filed with the superior court within 30 days after the decision of the board is filed in the
office of the watershed administrator, or after a written copy thereof is delivered to the appellant by
personal service or registered mail or certified mail, return receipt requested, whichever is later. Decisions
by the superior court will be in the manner of certiorari.
(Ord. No. 98-7-3, art. 600, § 611, 7-7-98)
Secs. 78-122-78-155. - Reserved.