Court reviews draft updates to Anderson County subdivision rules; water and tiny-home provisions draw scrutiny

Anderson County Commissioners spent a substantial portion of the meeting reviewing a draft update to the county's subdivision rules and regulations, with county legal counsel highlighting several changes and commissioners asking detailed questions about water, on-site sewage, road standards and tiny-home rules.

Bob Bass, counsel with Lisonbee Bass & McGee, told the court the draft is a starting point that incorporates recent statutory changes and local priorities. "This document needs to be what this court wants for this county as much as you can within the bounds of the law," Bass said, adding the legislature frequently changes governing statutes and the draft will be revised as needed.

Bass identified specific items for commissioners' attention. The draft would require utilities operating in Anderson County to be provided a copy of the regulation; it would explicitly subject subdivisions intended for rental or short-term rental use — including recreational vehicle sites, tiny homes and campgrounds — to subdivision rules. Bass cautioned there is "scant law at this point in time to really give us guidance on regulating that broadly," and said that provision "could be challenged."

Commissioners and counsel spent extended time on water availability and on-site sewage (OSSF) issues. Bass said OSSF rules are set by state statute and recommended the county require certificate review by the county's designated representative. On rainfall harvesting, Bass said the draft can include provisions allowing rainwater capture as long as installations meet applicable rules and are certified; he noted the county should require a primary source of water or state certification before approving a plat. "If water is not available reasonably, then this body should not approve a subdivision plat," Bass said.

The draft also addresses roads and culverts. Counsel asked the court whether to adopt a minimum culvert diameter of 15 inches, which prompted caution from a county road official who said 15-inch culverts "just clog up too quick" and recommended larger sizes. Bass described options for county acceptance of subdivision streets and noted cases where courts have litigated whether large-acreage plats are exempt from local subdivision oversight. He recommended not assuming automatic county maintenance of every subdivision street unless the county later formally accepts it.

Bass recommended keeping statutory requirements such as a digital map submission for each approved subdivision (with a statutory exception where a surveyor cannot produce a digital map). He also proposed plat notations to clarify the county's nonresponsibility for road maintenance, sewage feasibility and potable water availability unless state approvals and county acceptance are secured.

Commissioners asked to circulate the draft to utilities, emergency management and the county surveyor for additional input; Bass said he will harmonize the draft with the county's existing rules and the applicable groundwater conservation district rules. Bass also said he will provide copies of marked-up language to commissioners for further review.

No ordinance was adopted at the meeting; the draft will return for additional review, edits and formal action at a later date.