Buncombe County’s government is taking a comprehensive look at the local laws that regulate development.
Buncombe’s planning and development director, Nathan Pennington, told the Board of Commissioners in a presentation Thursday that the county is particularly interested in regulations regarding “recovery and life safety” in the aftermath of Hurricane Helene.
The first item that needs updating is the county flood ordinance, which hasn’t been revised since 2009. “You absolutely want to make sure that you have essentially nothing in the floodway, or very, very limited uses,” Pennington said. Changes to those rules are slated to go before the county’s Planning Board Monday, March 16, followed by a public hearing Tuesday, April 21.
Next up are a slate of what Pennington termed “outdated and old-fashioned” ordinances covering issues like watershed protection and emergency addressing standards. He also hopes to resolve Buncombe’s so-called “donut holes,” small parts of the county that have never received a zoning designation.
However, Pennington said, the county is holding off many desired changes due to a legal uncertainty recently created by the N.C. General Assembly. A state law passed in late 2024 prohibits local governments from the practice of “downzoning.”
While downzoning generally refers to reducing the currently permitted uses of a given property, Pennington said North Carolina’s law was unclear in its definition. County staff are concerned that practices like parking maximums or incentives for dense housing, for example, might be challenged under the legislation.
“I think a lot of this is about risk tolerance,” County Attorney Curt Euler told commissioners. “And changes that you make are going to be scrutinized a lot more as opposed to how our changes have been scrutinized in the past.”
Commissioner Parker Sloan responded that the legal ambiguity shouldn’t stop Buncombe from working on its development priorities.
“We’re a local government just trying to do local government 101 stuff, like have lighting standards and parking standards,” Sloan said. “And I just would discourage us from running away from the table, so to speak, because we think this weird, obscure law prohibits us from having basic discussions around basic ordinances.”
Gillian Phillips, the Buncombe’s long-range planning division manager, assured Sloan that her staff was currently working on a whole list of regulatory changes. Once the law’s repercussions are settled, she said, the county will be ready to revise draft language appropriately and move forward.
Board of Equalization and Review shares annual report
The county body that hears appeals of property values presented an update to the commissioners. Randall Barnett, chair of the Board of Equalization and Review, said he and his colleagues were prepared for a busy year given Buncombe’s recent property reappraisal.
The deadline to file an appeal is Tuesday, May 5. “Then it’ll — I don’t want to say hit the fan, but we’re going to have a lot of appeals probably after that,” Barnett said, noting that the board would meet at least twice a month to handle taxpayers’ cases.
This year also marks the first revaluation cycle in which Barnett and his colleagues will hear taxpayer appeals. The entirety of the board’s previous membership resigned in 2024 to protest the county’s firing of previous assessor Keith Miller over an alleged conflict of interest.
Notices of new property values started going out two weeks ago. At the time, County Assessor Eric Cregger told commissioners that Buncombe’s overall property value would likely increase by 50% to 70% compared to the last valuation in 2021. Any change to property taxes will be based on the new tax rate to be set by the Board of Commissioners later this year.
Other tidbits
- Commissioners approved a number of changes to how Buncombe County handles its internal audits. At the suggestion of the Audit Committee, the board contracted with an outside firm, Raleigh-based Cherry Bekaert, to regularly evaluate the county’s governance and risk management. The board also adopted the “Green Book” standards, as used by federal agencies, for Buncombe’s internal controls. The county has struggled with staffing its internal audit office and has been without an internal audit director since September.
- Melissa Moore, Buncombe’s finance director, updated the board about plans to issue up to $145 million in new debt. These limited obligation bonds will cover previously approved capital projects for county government and local school systems; they do not require a taxpayer referendum for approval. A public hearing on the bond issue will take place at the board’s meeting Tuesday, March 17.
- Vannoy Construction received a nearly $6.5 million contract for renovations at Hall Fletcher Elementary School in West Asheville. Work will include replacements for the school’s windows and air conditioning, installation of a new elevator, and cafeteria improvements. Construction is expected to begin in June and wrap up by October 2027.
- Buncombe declared March 1-7 as “Severe Weather Preparedness Week.” Commissioner Sloan read a proclamation that noted the unprecedented damage Helene had caused across Western North Carolina and urged residents to get ready for future emergencies through planning and stockpiling supplies. The county’s disaster preparedness website is BuncombeReady.org.
Every first and third Tuesday, the Buncombe County Board of Commissioners meets at 200 College St., Room 326, in downtown Asheville, beginning at 5 p.m. The next meeting will take place Tuesday, March. 17. See the full recording and agenda of the March 5 meeting.
