While steep-slope ordinances have been introduced recently in North Carolina, the earliest known example of steep-slope regulations in the United States was in the early 1950s in Los Angeles, where grading regulations were first implemented.

Steep-slope ordinances have been widely used in many states and with many local governments from New Hampshire to California. Their stated purpose was to address and control engineering problems on hillside developments. The reality has been that steep-slope ordinances have been eroding personal property rights for more than 50 years.

In North Carolina, steep-slope and hillside regulations are mostly found at the local level as part of either a zoning ordinance or subdivision regulations, some more aggressive than others. One exception to this trend is the N.C. Mountain Ridge Protection Act of 1983 (NC G.S. 113A-205-214). The statewide act restricts development on mountain ridges that have elevations of 3,000 feet and higher. As the basis for enacting the law, the General Assembly found that:

“The construction of tall or major buildings and structures on the ridges and higher elevations of North Carolina’s mountains in an inappropriate or badly designed manner can cause unusual problems and hazards to the residents of and to visitors to the mountains. Supplying water to, and disposing of the sewage from, buildings at high elevations with significant numbers of residents may infringe on the ground water rights and endanger the health of those persons living at lower elevations. Providing fire protection may be difficult given the lack of water supply and pressure and the possibility that fire will be fanned by high winds. Extremes of weather can endanger buildings, structures, vehicles, and persons. Tall or major buildings and structures located on ridges are a hazard to air navigation and persons on the ground and detract from the natural beauty of the mountains.”

According to a report from the Land-of-Sky Regional Council in North Carolina, the law has been mostly effective in controlling development on mountain ridges. However, many mountain communities in the state are searching for ways to further control land use at lower elevations from development. The rights of property owners are eroded every time one of the ordinances is enacted.

Slope ordinances have already been enacted or proposed in Boone and Asheville, and in Buncombe, Haywood, and Jackson counties. The ordinances direct how many homes can be built on a lot, maximum impervious surfaces allowed, if and where trees can be cut down, retaining walls be built under the supervision of a professional engineer, and dictate what kind of plants can be planted and where.

A Buncombe County zoning ordinance goes so far as to require part of the property being developed “is required to remain in a natural state…. as defined as the condition prior to development or other human activity,” including privately owned land.

House Bill 1756, the Safe Artificial Slope Construction Act, was introduced in the Assembly in April 2007. The legislation would impose slope ordinances across North Carolina and greatly affect what private landowners could build on their land. The bill would require local governments to regulate planning, design, and construction of development on artificial slopes in mountainous areas and impose restrictive and expensive government regulation of development in any area that has a slope of 25 percent or greater.

The degree of slope doesn’t necessarily indicate a danger. Other factors that contribute to the stability of a slope include the type of soil, the depth of bedrock, the presence or absence of a spring, and the amount and type of vegetation. These factors may be different on every piece of property, so instead of letting property owners and their bankers figure out the risks, counties would be required to hire a geotechnical engineer to map and evaluate a property before any development would be allowed.

House Bill 1756 would also require sellers to disclose landslide hazards to purchasers based on the NCGS maps. Mapping for six counties is complete, but state geologists don’t expect to complete mapping the remaining 13 mountain counties until 2014.

A bill to provide $1.4 million to continue the mapping project was introduced in 2007 (House Bill 1406), but it was never heard. There is $341,305 in the 2008-09 budget allocated for three positions and operating expenses for the Landslide Hazard Mapping Program, the money that was taken out of the Hurricane Recovery Fund of 2005.

House Bill 1756 was not heard during the 2007-08 session. But that doesn’t mean restrictions are not being imposed. It also does not mean that similar or an even more restrictive bill will not be introduced when the Assembly convenes in 2009.

Local governments are enacting restrictive ordinances affecting local communities, while on a statewide level lawmakers have said they intend to push for more. They want sweeping restrictions on development on slopes and mountain ridges, even trying to regulate the views and vegetation along the mountainside.

This issue is not going away and will be addressed again with a similar or even more restrictive bill when the 2009 Assembly convenes in January. Meanwhile, local governments continue to pass restrictive ordinances.

Becki Gray is a contributing editor of Carolina Journal.