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Buncombe County Land Development and Subdivision Ordinance

The goal of the Buncombe County Land Development and Subdivision Ordinance is two-fold:

1. To “establish procedures and standards for the subdivision of land within the jurisdiction of the County, and to provide for orderly growth in a manner and under conditions that facilitate the adequate provision of streets, water, sewage disposal and other considerations essential to public health, safety, and the general welfare.”
2. To “provide the County Commissioners, Planning Board, Planning Department, and other local government agencies and officials with information regarding land development taking place in the County. This information will assist County officials in projecting the need for various public programs and facilities, in estimating population growth, and in projecting revenues and expenditures.”

There are four types of subdivisions regulated by the Buncombe County Ordinance:

1. Major Subdivisions (11 lots or more): preliminary plans and supporting documentation must be submitted to the Buncombe County Planning Department for Planning Department, Technical Review Committee, and Planning Board review. Complete plans must be submitted thirty (30) days prior to the Planning Board meeting date.
2. Minor Subdivisions (4-10 lots): preliminary plans and supporting documentation must be submitted to the Buncombe County Planning Department for review.
3. Special Subdivisions (3 or fewer lots): final plats for recordation can be reviewed same day. Please make sure to bring a signed copy for Planning Department records.
4. Exempt Subdivisions as defined by Section 70-5: final plats for recordation can be reviewed same day.*

* Subdivisions exempt from the Land Development and Subdivision Ordinance are not exempt from the Buncombe County Zoning Ordinance or other ordinances administered by the County or other governmental entities.

• Subdivision Ordinance
• Agendas and Deadlines
• Forms
• Fees
• Notes for Subdivision Submittals

Subdivision Ordinance

Subdivision Ordinance

Proposed Changes to the Buncombe County Land Development and Subdivision Ordinance

The proposed changes to the Land Development and Subdivision Ordinance were voted on by the Buncombe County Planning Board on April 7, 2008. These proposed changes were recommended by the Buncombe County Planning Board, but have not been heard by the Buncombe County Board of Commissioners.

The proposed changes have not yet been scheduled to go before the Buncombe County Board of Commissioners. The proposed changes are not valid until the Buncombe County Board of Commissioners has approved them.

Agendas & Deadlines

• Planning Board Agenda
  • Notice of Meeting
• Planning Board Submittal Deadlines
  • Subdivision

Forms

The following forms are required as a part of any Minor or Major Subdivisions submittal:

• Application for Subdivision Review
• Subdivision Plat Review Checklist
• E-911 Subdivision Road Name Request Form

Fees

• Major Subdivisions: $100 flat fee plus $10 per lot proposed
• Minor Subdivisions: $50 flat fee
• Special and Exempt Subdivisions: none

Notes for Subdivision Submittals

Please note, in addition to the regulations set forth in the Buncombe County Land Development and Subdivision Ordinance, the following:

• Multi-family or other such developments (i.e. mobile home parks, certain mixed-use developments, etc) that would require a Conditional Use Permit in addition to Subdivision review need also follow the application guidelines for a public hearing before the Board of Adjustment, set forth in the Buncombe County Zoning Ordinance.


• Preliminary floodplain maps are now available to the general public. These maps will eventually replace the existing 1996 issued FEMA maps, however during this time of transition; subdivisions submitted for approval will need to show both the 1996 FEMA map location of flood hazard areas as well as the preliminary study locations. These maps can be accessed at the Planning Department office or online by following the following instructions at ncfloodmaps.com.


• Land Disturbing Activities which plan to disturb an acre or more must first apply for Stormwater and Erosion Control approval**. No Land Disturbance can occur before approval of a preliminary subdivision plan by either the Planning Board or Planning Department, nor prior to approval by the Board of Adjustment if necessary. If plan approval is contingent on items relating to Land Disturbance, these items must be satisfied prior to the issuance of a Stormwater or Erosion Control permit.

**Land Disturbing Activity under an acre is also regulated in the Beaverdam Zoning District (BDM) as part of the Buncombe County Zoning Ordinance as well as in the Land Development and Subdivision Ordinance over certain percentages of slope.

• Subdivision submittals are also subject to the Buncombe County Fire Prevention Ordinance (Chapter 30 of the Buncombe County Code of Ordinances), and to the review of the Buncombe County Fire Marshal. Road designs not meeting with the approval of the Fire Marshal will not be approved for development.