Stormwater board to convene executive committee on Plantation Road permit appeal; county attorney flags jurisdictional limits

The Beaufort County Stormwater Utility Board agreed on April 16, 2025, to convene an executive-committee meeting by video and prepare a written recommendation within 15 days on an appeal of a stormwater permit for the Plantation Road parcel at issue.

The decision follows repeated public comments from residents calling on the board to review whether the permit and related approvals meet the county's stormwater standards. Sam Connor, a nearby resident, told the board the appeal concerns a project for 68 County Plantation Road and said the stormwater permit "will discharge polluted wastewater and runoff into the Coles River." Connor asked the board to take action so his family could "move forward resolution."

Deputy County Attorney Dylan Kidd cautioned the board about legal constraints, saying, "I do believe the concurrent proceedings issue presents a problem and that we don't want to be issuing a ruling on something that the asserted court is currently entertaining." Kidd told the board the stormwater ordinance and the community development code do not currently create the appeal review procedure some residents seek and urged care about jurisdiction and standing.

Chairman Mark Feinberg said the board would meet by executive committee and prepare a formal, written opinion for the record. Feinberg said the draft opinion would be "sealed" and only presented if and when a court asked for it; Deputy County Attorney Kidd said sealing the document was within the board's discretion but that he could not categorically advise it must be sealed.

Board members pressed the attorney's office for clearer, definitive guidance before the committee meets. Kidd said he would provide the board parameters and counsel on parliamentary process and the legal limits of the board's authority before the executive-committee meeting.

Public commenters who addressed the Plantation Road permit argued the zoning board's earlier ruling did not resolve the stormwater technical issues and that the Stormwater Utility Board has grounds to review compliance with the stormwater design manual and ordinance. Board staff and legal counsel discussed options for how a written opinion could be prepared and whether publication should await court action.

The board did not make a final merits ruling on the permit at the April 16 meeting; members instead set a procedure to produce a written recommendation and requested legal parameters from the county attorney's office ahead of the executive-committee session.

The board indicated it would follow normal open-meeting and executive-session publication requirements when scheduling the committee meeting and returning to the full board with findings as required by law.