Editor’s note: This is the second installment in a series investigating the spread of “smart growth” regulations across North Carolina and other states. Pushed by environmentalists, smart growth abrogates the rights of property owners and diminishes individual liberty, critics say. The first story, published in the June edition of Carolina Journal, reported on developments in Camden County, N.C.

RALEIGH — Travis Lewis traces his family’s roots deeper into Jackson County, N.C., than most of the wildlife and plant life on the land that proposed “smart growth” ordinances seek to protect. But the way Lewis and thousands of other landowners see it, their heritage and livelihoods appear to be of secondary consideration to most officials and environmentalists pushing revolutionary changes in the county.

The future of Lewis, his wife, and two daughters — whose ancestors settled in the county in the early 1800s — will be decided in meetings after county commissioners conduct a hearing June 11 and vote on proposed subdivision and steep-slope ordinances.

“I don’t see my girls staying here in the future because of unaffordable housing” stemming from a shortage of level land in the mountainous county and the ordinances, the father said. Only half of the county is considered developable. Lewis, who owns a carpet business, said in a telephone interview that the restrictions would squeeze housing and businesses off most of the available land.

If the ordinances pass, as earlier votes by the commissioners indicate they will, county Planning Director Linda Cable will gain considerable power to regulate development and, in turn, the standard of living of county residents.

Already, Lewis said, “She’s got the authority of God.” Down the road, “these ordinances would cultivate a seedbed of corruption more than anything I’ve seen.”

For example, Lewis said, the ordinances would allow Cable to enforce regulations that force property owners to:

 Paint houses with colors that blend in with the mountains;
 Clear 30 feet of land around houses to protect against fires;
 Submit reforestation reports to planners after any clearing;
 Conduct geologic surveys and compile hydrological reports;
 Obtain and pay for a multitude of environmental permits.

In a hearing Feb. 27, Cable said that problems existing in the county exist because of a lack of basic regulations for subdivision development. The purpose of the subdivision ordinance is not to stop growth, she said, but rather to direct and shape growth that will protect the environment and the county’s infrastructure and to maintain the county’s rural character.

Development promotes sprawl, traffic congestion, environmental pollution, and the loss of prime agricultural and forestland, she said.

“There are 467 subdivisions in the county and based on recording data in January 2005 the county had 13,000 recorded subdivision lots by January 2007, and this total increased to 15,369 within two years,” Cable said. “The five years prior to that there was an estimated 5,500 lots created. Of the 15,369-recorded lots, 7,145, or about 56 percent, have structures. The county is expected to grow another 17 percent between 2000 and 2010.”

At the same hearing, Jerry Lorenzen of Sylva, who works in development sales, said he did not want jobs and money to be lost because of rash decisions. He urged the officials to consider the long-term impact of new regulations.

Buddy Smith of Cashiers, a contractor, said that a moratorium creates fear and that it will cause the loss of jobs and have a devastating impact. “A subdivision ordinance can be drafted without jeopardizing jobs,” he said.

Michael McConnell of Cherokee, interim attorney general for Eastern Bank of Cherokee Indians, said he opposed the moratorium. The tribe is planning to build a golf course development on county lands. The tribe also is planning a $650 million expansion of a casino and to build a $130 million school, both on trust lands. There are 750 tribal government employees, 1,800 casino employees, and the casino expansion will add 1,000 jobs.

“Every month that the moratorium exists and construction cannot continue, the cost of construction materials increases,” McConnell said.

To challenge the county’s shift to smart-growth zoning, Lewis and others formed the Jackson County Property Owners Association. Still, he doesn’t see much hope for influencing the commissioners.

“I think our chances are slim,” Lewis said. “A couple of commissioners have made off-the-wall comments that they will pass tough ordinances.”

“Commissioner William Sheldon mentioned in the newspaper it didn’t matter whether he got re-elected, he was going to take a stand on the issue,” to approve the ordinances, Lewis said.

A lawsuit filed May 7 by Lewis and other contractors, developers, and real-estate agents didn’t pan out, either. Superior Court Judge Marlene Hyatt ruled May 24 at the Haywood Justice Center that while the plaintiffs could claim temporary financial losses caused by the moratorium, they could not prove the ban on new construction caused irreparable financial damage.

Boone lawyer Charles Clement represented the plaintiffs, who said in the lawsuit that the moratorium was enacted illegally by the Jackson County Board of Commissioners and that the ban was harming business in the county.

Hyatt, who usually gives cases careful consideration before making rulings, didn’t take long to rule in this case, Lewis said. “It took the judge 30 seconds to make a decision. I don’t even think the county attorney had a chance to sit down.”

Vice Chairman of the Board of Commissioners Joe Cowan, also in an interview with CJ, said the proposed ordinances, which would limit building on steep slopes, “will improve the quality of life, especially safety” during floods.

A public hearing conducted a few weeks ago attracted a record turnout of 1,300 people, Realtor Marty Jones and Lewis said. Seventy to 80 percent of the attendees opposed the proposed ordinances, they said.

“They’ve allowed public comment, but they haven’t answered any questions,” Lewis said. “I figured sooner or later they’d allow us to ask questions, but that hasn’t been so. It didn’t matter to the commissioners what we said.”

“We had three minutes to speak at the last meeting. We had to sign up, and they took us in random order, not first-come, first-served,” so that no continuity of opposition could be established, Lewis said.

Cowan, who said he has lived in the county for more than 40 years, dismisses the uproar as an “over-reaction.” He again stressed that a ban on construction on steep slopes is being considered “to provide safety.”

“We have the least amount of flat land of any county in the western part of the state,” Cowan said.

Quality of life also is an issue, Cowan said. “Have you ever been to San Francisco?” he asked. “If you go out into the harbor and look up into the city, you see layer after of layer of houses rising into the hillsides. People move to the mountains for peace and quiet, not for San Francisco.”

“I hope people understand there is a good environmental reason for doing what we want to do, to preserve peace and quiet, and to guard against stacking and mudslides,” Cowan said.

Asked whether growth will be directed to certain core “villages,” or towns, according to smart-growth planning, Cowan said, “We have identified where growth has occurred and we know the territory in those areas, and that’s a good indication where future growth will go. “It does have the tenor of smart growth.”

Jones said the restrictions being considered are too strict. “I’ve never seen anything like this in 34 years.” For instance, the ordinances would allow only one lot for every 10 acres of land, with a 40 percent slope, he said.

“Existing lots of record are exempt for five years. And we’ve had a moratorium ordinance in effect since March 8,” Jones said. “It’s unbelievable.” He estimates the brokerage community has lost at least $700,000 during the moratorium.

Lewis said he and others who have invested in land could lose millions of dollars if the ordinances are approved. “My partners and I have under a couple of hundred acres, worth $30,000 to $50,000 per lot. The new regulations would require us to set aside 50 acres as conservation space. There’s no way I could recoup my money. These ordinances will drive prices up and the lots will become unaffordable to most people.”

“Other landowners who invested $4 million to $5 million in 16 lots on a lake” in the county will see their investment become worthless if the ordinances are passed, Lewis said.

The moratorium will have a delayed effect on his carpet business, Lewis said, by diminishing his profits six to eight months down the road.

The proposed ordinances represent the initial steps toward implementation of a master plan for the county, Cowan said. “A master plan has been worked on by a committee for about five years,” he said. “It is an extensive plan.”

“We don’t have zoning,” he said. “Some people don’t want zoning, but some people would benefit from zoning, as well as some from not zoning.”

The county will build new infrastructure, such as sewerage and water systems, in only designated areas, Cowan said. “We are controlling infrastructure in certain areas to plan control. We are following growth, rather than controlling it.”

Lewis and other property owners aren’t convinced. “I don’t know what brought all this about,” he said. “We have a lot of conservation groups pushing hard.”

Change via the electoral process seems to be one remedy, Lewis said. But, “we’ll have to wait until the next election to replace commissioners.”

There could be another option, as well. “Depending upon the severity of the ordinances, we might file a takings lawsuit,” Lewis said. “I think we would have a good chance of winning that.”

Richard Wagner is editor of Carolina Journal.