Commissioners recommend rezoning at 245 Bridal Willis Road despite assessor/legal disagreement on conservation breach

The Madison County Planning and Zoning Committee recommended approval of a request to rezone a 6.32-acre portion of a 31.92-acre parcel at 245 Bridal Willis Road in Carlton, but discussed an unresolved dispute between county staff about whether the parcel is in breach of a conservation covenant.

Terry (Pierce) Golden explained he purchased 25 acres and later acquired 6.32 acres adjacent to his backyard; because of a survey issue he faces a potential $3,000 penalty that he sought to avoid by separating the 6.32 acres from the conservation parcel. Golden said the 6.32 acres had been treated as separate since the neighbor’s surveyor used a dotted line that combined properties unintentionally.

During deliberations a committee member said the county attorney advised the commission the situation should not be considered a breach, while the tax assessor’s office had issued a breach finding. That disagreement made some commissioners uneasy about rezoning the parcel only to address a possible assessor enforcement action later. One commissioner urged Golden to seek legal counsel and noted an appeal process exists for breach notices issued by the assessor.

Despite those reservations, commissioners moved to approve the rezoning and forward the recommendation to the Board of Commissioners. The committee recorded concerns about the conflicting positions between the county attorney and the assessor but decided the planning action should proceed; the Board of Commissioners will receive the recommendation at the advertised hearing.