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Land-of-Sky Regional Council
Lending Our Support to the Region’s Communities
Serving Buncombe, Henderson, Madison, & Transylvania Counties
339 New Leicester Highway, Suite 140, Asheville  NC 28806
Phone: (828) 251- 6622 • Fax: (828) 251- 6353 • Email: info@landofsky.org

Mountain Ridge and Steep Slope Protection Initiative


 

Final Report Available!
Project Background
Overarching Issues
Findings and Strategies
            Economic Impacts of Development and Preservation
            Public Safety
            Public Health
            Water Quality, Quantity and Impacts
            Loss of Natural Areas, Forests and Wildlife and the Role of Conservation
            Preferred Development Processes and Best Management Practices

Next Steps and Contact Information 

Final Report Available! 

 Mountain Ridge and Steep Slope Committee issues Recommendations

On July 16, 2008, the Mountain Ridge and Steep Slope Protection Advisory Committee released its final report documenting findings and strategies related to ridge and steep slope development and protection.  This report is the result of a year and a half of research, developing strategies and recommendations and drafting and finalizing the report.  It was a collaborative effort involving many individuals and agencies.  The Advisory Committee has no regulatory authority.  Its recommendations are offered to government, non-profit and private sector organizations with hopes that they will incorporate them into their practices and take actions to implement them.

Project Background


 Homes developing on slopes in Maggie Valley (photo taken by Carla Norwood)]

The mountainous area of western North Carolina (WNC) is experiencing rapid growth and increasingly more development is moving onto steeper slopes and mountain ridges.  Community leaders and long-time residents have been expressing concerns about losing the resources and viewsheds that give this region its unique sense of place.  Local governments are looking for ways to encourage and/or require safer and more responsible development on steep slopes.  In response, the Land-of-Sky Regional Council secured funding from the Z. Smith Reynolds Foundation and established a diverse Mountain Ridge and Steep Slope Protection Advisory Committee to study this issue and develop strategies to promote safer, more responsible and sustainable development.

The goal of the project was to conduct a comprehensive examination of the various issues related to this type of development and to develop a set of regulatory and non-regulatory strategies to address these issues.   This comprehensive study looked at a variety of issues and impacts related to these development activities, yielding various and sometimes conflicting recommendations.  Specific issues addressed in the study include:

  • Public safety, including landslides and emergency response/access;
  • Public health, including water supply and wastewater treatment;
  • Water quality and quantity effects due to accelerated soil erosion and increased stormwater runoff and the resulting impacts on fish and other aquatic organisms;
  • The loss of forestland, natural areas and wildlife habitat and the role of land conservation;
  • The positive and negative economic impacts of both development and protection programs; and
  • Best management practices and improvements to the development process.

The Advisory Committee and staff welcomed public input and involvement throughout the process. Ten separate community input sessions were held in five different WNC counties in May and June, 2007 and approximately 150 citizens and officials attended these.  Key groups, including local government managers and planners, developers, realtors, county sanitarians and others were consulted in separate meetings.  The Advisory Committee’s monthly meetings were open meetings and meeting notices and notes were sent to anyone who requested them.

Overarching Issues

It is helpful to acknowledge a couple overarching issues and recommendations before getting into the detailed findings and strategies:

·       Policies need to be based on the best available scientific data (e.g., geotechnical analyses and landslide hazard maps).

·       Governments across the mountain region need to work together to ensure policy consistency.

·       Many of these issues are inter-related and decision-makers need to acknowledge that tradeoffs exist among various policy recommendations, and tradeoffs will occur as a result of a particular recommendation.

Findings and Strategies

A few key findings and strategies for each issue area are noted below.  Please refer to the full report for more details and for a comprehensive discussion of all the issue areas, including a longer list of findings and strategies.

Economic Impacts of Development and Preservation:

o      There are benefits and costs associated with both development and preservation of steep slopes and mountain ridges; and the results sometimes affect individuals and sometimes a larger community.

o      Local and state governments should implement incentives to reward developers who protect viewsheds, habitats and water quality and to reward land owners who commit to conserve their lands through conservation easements. (Strategies EC-2, EC-5)

Public Safety:

o      Landslides are a legitimate concern in western North Carolina and they pose threats to human life and public safety.  A damaging landslide occurs nearly every year in the region and major landslide events occur about every nine years somewhere in the region.

 
Peeks Creek landslide, September, 2004; five people were killed and 15 homes were destroyed (photo taken by Rick Wooten)

o      Homeowners’ insurance in North Carolina does not cover structural damage due to landslides.  There is no current notification system that tells someone they are buying property, building or living in a landslide hazard zone.

o      Geotechnical analysis should be required for proposed developments on slopes greater than 40 percent or in landslide hazard areas as a minimum standard. 

§       When measuring slope for a parcel, the focus should be on the area that will be disturbed, rather than the average slope across the entire parcel. (PS-5)

o      Advocate for appropriations from the Legislature for approximately $580,000 per year to accelerate the Landslide Hazard Mapping program and to complete mapping for all 24 WNC counties by 2016. (PS-6)

o      Roads need to be designed for adequate emergency access.  At least two points of access should be provided to all areas of a development and road widths should be carefully considered, weighing public safety issues with environmental issues. (PS-10, PS-13 and PS-14) 

Public Health:

o      Groundwater is a critically important natural resource in WNC and steep slope developments rely heavily on it for potable water supply.  About half of WNC residents rely on groundwater and this percentage is much higher in steep slope areas.

o      There are unique ground water quality, usage, and sustainability issues on steep slopes, particularly in the fractured rock terrain of Western North Carolina – groundwater storage is limited due to thin soils, increased run-off and limited groundwater recharge.  Prior to development it is recommended that a site-specific evaluation be made to determine whether adequate high quality groundwater supplies are present and can be sustained. (PH-3)

o      Standard state setbacks between private wells and septic tank systems may be inadequate to prevent well contamination in steep slope developments.  The hydraulic connection between septic fields and wells is different in different terrains and current laws and ordinances tend to employ a “one size fits all” rule which does not reflect these complexities.  The State should undertake research to better understand these issues and develop new septic to well setback guidelines based on slope and other factors. (PH-8) 

Water Quality, Quantity and Impacts:

o      Land-disturbing activities can greatly change the overall health of a stream watershed, from removing streamside vegetation to increasing stormwater runoff, water temperature, sedimentation, and erosion.  Given the importance of our headwater streams and the important economic and ecological roles that riparian vegetation plays in protecting those streams, we must ensure appropriate development designs and the use of best management practices to provide necessary protection.

 
Loss of forest cover and increased impervious surfaces create water quantity and quality problems (photo taken by Gabriel Cummings)

 o      In steep slope areas, impervious surfaces within the development tract should be limited to no more than 10 percent of the total project area and designers should avoid placing impervious areas on steep portions of the tract (WQ-1). 

o      At least 50 percent of the entire steep slope development tract should be preserved as forestland; areas within individual parcels and streamside protection areas can be included in this percentage (WQ-2).

o      In steep slope areas, Streamside Protection Areas should be established on all perennial streams, intermittent streams and wetlands. Protection Area width should be based on the slope of the adjacent land (WQ-4). 

o      The State should provide additional resources to the NC Land Quality Section for additional staff in the Asheville Regional Office to increase inspections of land disturbing sites under the state’s jurisdiction (WQ-10).  Local governments should consider adopting their own local erosion and sedimentation control programs (WQ-11).

o      State and local governments should require all steep slope developments to submit comprehensive storm water management plans (WQ-16)

 Loss of Natural Areas, Forests, Wildlife and the Role of Land Conservation:

o      Development activities on steep slopes and along mountain ridges have increased substantially in both numbers and size during recent years in the mountains of western North Carolina.

§       A recently published report indicates that developed land in the mountains has increased by 44 percent over the last 20 years and estimates that the mountain region will lose an additional 22 percent of open space during the next 20 years.

o      Privately-owned working forests are being converted to development in western North Carolina. This phenomenon is contributing to a reduction of the economic viability of the timber industry and a loss of jobs associated with timber management and harvesting.

o      Increasing pressure from suburbanization of remote areas will create a variety of problems for wildlife and their habitat.  Human encounters with animals (especially bears) also will become more frequent as the landscape becomes less “wild.”

o      Each county should establish a Land Conservation Fund to create a funding source for state/federal grant match money to protect highly valued natural resources/open space and to provide recreational opportunities for their residents and visitors (LC-3).  Buncombe County has a Land Conservation Advisory Committee and has provided approximately $3.8 million in funding for land conservation projects in the last two years.


Land that Buncombe County helped conserve in the Sandy Mush area (photo provided by Debbie Truempy)

o      The General Assembly should appoint a study committee to conduct research and review of changes to property tax law in order to provide relief to landowners interested in conserving their land (LC-6).

o      Encourage adequate on-going state funding for the NC Clean Water Management Trust Fund, the NC Parks & Recreation Trust Fund, the Agricultural Development and Farmland Protection Trust Fund and the NC Natural Heritage Trust Fund (LC-7).

o      Local governments should adopt land use policies that incorporate environmental protections and conservation design principles while giving incentives to developers whose plans are outstanding examples of environmental sensitivity (LC-8).

 

Preferred Development Processes and Best Management Practices:

o      There is a critical need to define a preferred development review process and create best management practices for steep slope development.  A Preferred Development Process needs to include due diligence, design, approval, permitting and implementation and should be utilized for all projects that are to be built in the mountain region.  One goal of these efforts is to create a greater dialogue, sooner in the process, among local governments and designers and project specialists.

o      Encourage conservation-based development plans, through regulations and incentives. Conservation-based design practices strive to conserve/preserve a site’s natural resources and features while designing the development on the site.  Incentives may include a faster permitting process, allowances for increased density, reduced fees, and others. (PDP-3)

o      Develop some sort of regional Sensitive Developer Certification Program that would include having knowledge/expertise on multiple related topics pertaining to developing in the mountains. The Asheville Homebuilders Association and Asheville Board of Realtors are partnering with Asheville, Buncombe County and the Land-of-Sky Regional Council to develop and offer this type of program. (PDP-5)

 

Next Steps

The Land-of-Sky Regional Council has secured additional funding from the Z. Smith Reynolds Foundation to take the next steps.  Council staff and the Advisory Committee are conveying this study’s findings and strategies to key groups across the mountain region including local and state officials, the building and real estate industry, and other interested groups. The Advisory Committee has agreed to continue meeting to assist in implementing the strategies in this report. Many other organizations will need to get involved and play a role in taking positive action to ensure safer and more sustainable development on mountain ridges and steep slopes. Your assistance is welcome!  

Contact Bill Eaker or Linda Giltz to discuss or get involved in the project. 

 For more information or a hard copy of the final report ($10), contact Land-of-Sky Regional Council at

828-251-6622 or view/download a free electronic copy of the report here.

 
     

 

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