Advisory board adopts ordinance edits to add monitoring and public hearings for farmland rezonings

BUNCOMBE COUNTY — The advisory board voted Feb. 17 to adopt changes to the countytimeline-preservation ordinance that add required monitoring of EVAD properties and a public-hearing procedure when farmland protections intersect proposed rezonings or condemnation.

Staff presented edits based on a state model ordinance and highlighted the changes required by recent state legislation. "We left the required changes that the bill made in red so you could see what those were," a staff member said. The proposed additions include a requirement to maintain detailed records on EVAD properties and a process for holding public hearings if a rezoning or condemnation request affects land in a VAT/EVAD.

Board members debated the statute's language and whether the requirement is permissive ('may') or mandatory ('shall'). "I thought we were required to if there's rezonings," one board member said, summarizing initial reactions after reading the state statute. Staff read the ordinance language as using 'may' in some sections but noted that if the county receives a request to hold a hearing, it must schedule notice and a public hearing within specified timeframes (public notice within 10 business days and a hearing within 30 days of a request, as stated in the draft language).

Board members asked staff to consult with Evan Davis at the state to better understand legislative intent and implementation practices; staff agreed to follow up and present a refined process at the March meeting. After discussion, the board moved to adopt the ordinance updates; the motion passed.

What happens next: staff will get a redline for the commissioners' agenda, plan a presentation (potentially March 17, Ag Awareness Day), and return with clearer procedures and any recommended notice templates after consulting the state contact.