Allen Cook
Mitchell County’s subdivision ordinance, which went into effect this past September, has recently generated a buzz on social media among area residents concerned about how it affects them.
Conversation threads on Facebook about the ordinance have yielded hundreds of comments, many of which are fueled by concern over what many citizens feel is government overreach.
But County Manager Allen Cook said the ordinance is designed to be “very lightweight” and geared toward land developers dividing land to sell for profit. The ordinance does not apply to land someone already owns, but rather applies if one decides to subdivide it into six or more lots and sell the land on the open market.
The ordinance does not apply to “heritage land” that is divided among family members. It also does not apply if the landowner or developer subdivides the land into lots larger than 5 acres each.
The Mitchell County Board of Commissioners held a public hearing about the ordinance during its regular meeting on Aug. 1, 2022. No opponents of the ordinance spoke and there was one supporter.
The vote was tabled to allow more input and voted on and approved during a meeting on Aug. 16 and went into effect on Sept. 15. The public hearing notice was published by local media and was available on the county website for two weeks.
“Since 2020, Mitchell County has experienced record real estate sales,” Cook said. “There is a need to provide for public safety, orderly growth and development in our county.”
Cook said the ordinance aims to ensure emergency vehicles (fire trucks) can access residences in emergencies, make buyers aware of potential building and site issues when purchasing property, protect neighboring landowners from erosion and sedimentation due to “poorly planned developments,” protect the environment from pollution resulting from “improper” development of mountainous land and allow for the allocation of enough property to meet health department requirements for installation of septic fields and wells.
The ordinance is aimed mainly at investors who purchase mountain property and are concerned about maximizing profit, Cook said while citing the Village of Penland as an example. Subdivided properties in that development have proved difficult to sell because of the small subdivided properties that don’t often meet state well and septic code regulations, he added.
The ordinance states that all horizontal curves must have a minimum radius of 45 feet while vertical curves shall have sufficient transition to “accommodate the largest emergency apparatus owned by any of the Mitchell County emergency departments at the time of road construction.”
“There are developments currently in Mitchell County which fire trucks and emergency vehicles are unable to access,” Cook said. “If you spend much time in Mitchell County, you have likely driven on an unusually steep and winding road into a local mountain development.
“Imagine attempting to respond to a house fire with a family in danger and getting stuck due to poor road design. Providing for the safety of present and future residents is addressed in the ordinance.”
Cook reiterated that the ordinance is aimed at investors and owners planning a subdivision.
“This applies to property and takes into account surrounding property owners’ rights, public safety and environmental concerns,” he said.
Some land developers have voiced opposition to the ordinance because of its effect on the sale of more remote tracts of land. Cook called the opposition “limited.” Others in opposition say they don’t want the government telling them what they can do with their property but Cook said it’s all about balance.
“Mitchell County strongly supports and respects landowner rights,” Cook said. “Please know that there are local landowners but also outside developers who are influenced by investors. Each has different motives. The Mitchell County subdivision ordinance was set up to balance the rights and needs of landowners, consumers and developers.”
Cook invited any developer, citizen or real estate professional with concerns over the ordinance to email him at manager@mitchellcountync.gov.
“There are many exceptions in the ordinance that make it not applicable to most Mitchell County landowners,” Cook said. “The board gave extensive thought to the ordinance and received input from local citizens, fire departments, public safety, inspections, environmental health officials, real estate professionals and legal consultants.”