Buncombe County Reviews Development Laws Amid Legal Challenges

Buncombe outlines plans to change development rules; braces for property value appeals

Buncombe County is embarking on a thorough review of its development regulations to address gaps and outdated policies. With an eye on enhancing safety and recovery measures post-Hurricane Helene, county officials are prioritizing changes to existing laws.

In a recent presentation, Nathan Pennington, Buncombe’s planning and development director, highlighted the need to update the county’s flood ordinance, which has remained unchanged since 2009. Pennington emphasized the importance of limiting development in flood-prone areas, noting, “You absolutely want to make sure that you have essentially nothing in the floodway, or very, very limited uses.” Proposed revisions are set for discussion by the county’s Planning Board on March 16, with a public hearing planned for April 21.

Beyond flood regulations, Pennington flagged several “outdated and old-fashioned” ordinances, including those on watershed protection and emergency addressing. He also aims to address the county’s “donut holes,” areas lacking zoning designations. However, potential legal challenges from a new state law prohibiting “downzoning” have caused the county to delay some updates. The law’s vague language creates uncertainty around practices like parking maximums and dense housing incentives.

County Attorney Curt Euler expressed caution, stating, “I think a lot of this is about risk tolerance.” Despite this, Commissioner Parker Sloan urged the county to proceed with essential local governance tasks, stating, “We’re a local government just trying to do local government 101 stuff, like have lighting standards and parking standards.”

Gillian Phillips, manager of the long-range planning division, assured officials that her team is actively drafting regulatory changes, ready to adapt once legal clarifications are made.

Board of Equalization and Review Reports on Property Appeals

The Board of Equalization and Review updated commissioners on its operations, as Buncombe braces for a surge in property value appeals following a recent reappraisal. Board Chair Randall Barnett anticipated a busy year, noting a deadline of May 5 for filing appeals.

This cycle marks the first time the current board will hear appeals, following the 2024 resignation of the previous members over the firing of former assessor Keith Miller. County Assessor Eric Cregger informed commissioners that property values are projected to rise by 50% to 70% compared to 2021. The new tax rate, to be set later this year, will determine any changes in property taxes.

Additional Updates

  • The board has approved revisions to its internal audit processes, including contracting with Cherry Bekaert for regular evaluations. They also adopted “Green Book” standards for internal controls.
  • Buncombe’s finance director, Melissa Moore, shared plans to issue up to $145 million in debt to fund capital projects without a taxpayer referendum. A public hearing will occur on March 17.
  • Vannoy Construction received a $6.5 million contract for renovations at Hall Fletcher Elementary School, with construction starting in June and expected to finish by October 2027.
  • Buncombe has declared March 1-7 as “Severe Weather Preparedness Week.” Residents are encouraged to visit BuncombeReady.org for disaster preparedness tips.

The Buncombe County Board of Commissioners convenes every first and third Tuesday at 200 College St., Room 326, Asheville, at 5 p.m. The next session is on March 17. View the meeting recording and agenda for March 5.

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