Ashe County commissioners deny appeal of Riverview Trail floodplain violation; ask staff to notify state agencies

Ashe County commissioners voted to deny an appeal of a notice of violation for development in the floodway at 1228 Riverview Trail, ordering the property owner to comply with corrective actions and directing staff to notify other state and federal agencies that may have jurisdiction.

County staff said the complaint, investigated June 26 and documented July 3, found fill material and a concrete jetty that rerouted the natural flow of the North Fork. Planning staff presented the violation as a breach of Ashe County’s floodplain ordinance (151.44(a)): “no encroachment including fill, new construction, substantial improvements, and other developments shall be permitted in the floodway,” staff told the board.

The denial follows public testimony from neighbors who described observed work in the river. Richard Sullivan, who said his family owns property across the river from the site, warned the jetty has “adversely affected and ultimately destroyed riverbank stability and habitat on both sides of the river” and said the feature poses a safety hazard to floaters when water levels rise. Kathy Gordon, who filed the complaint and said an engineer estimated her repairs at $38,000, told the board she “did see…concrete being mixed and then poured” when work was done.

Planning staff also told the board the U.S. Army Corps of Engineers had issued a permit to the property owner but that federal permitting does not relieve the owner of local floodplain obligations. Matthew Lehi, identified in the meeting as the county’s floodplain administrator and planning director, explained that compliance with both authorities is required and that the county’s floodplain enforcement protects the community’s participation in the National Flood Insurance Program.

Commissioners discussed the potential for state involvement. One commissioner noted that because the waterway is state-owned in places, agencies such as the North Carolina Department of Environmental Quality and others may have jurisdiction; the board instructed staff to notify any other agencies with potential authority so they can take appropriate action. The board’s motion to deny the appeal included that direction and carried.

The denial of the appeal means the county will reissue the notice of violation and require corrective action under county code; staff said failure to comply could prompt further enforcement. Staff also indicated they will coordinate with other agencies to reduce the risk that local floodplain changes could jeopardize homeowners’ access to flood insurance.

County staff and nearby residents said the matter will require follow-up work, including coordination with state and federal regulators and monitoring for downstream property impacts and public-safety hazards to river users.