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Board asks county attorney and manager to review legal options before referring group-home siting questions to planning board

McDowell County Board of Commissioners · April 15, 2026
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Summary

Commissioners agreed to have staff and the county attorney examine legal constraints on regulating nonresidential group or inpatient-treatment facilities, then refer a narrowly scoped request to the planning board for recommendations on location and siting.

During citizen comments and a petition discussion on April 13, commissioners agreed to send a letter—accompanying a citizen petition—to the state permitting authority and to ask the county attorney and county manager to research what the county may lawfully require concerning the siting of nonresidential group or inpatient-treatment facilities.

Board members expressed concerns about scope and potential discrimination implications if the county tried to broadly restrict certain types of facilities. The motion approved by the board directed county staff to first determine legal constraints and then, where appropriate, present a revised and narrow charge to the planning board for recommendations on future locations.

Provenance: Citizen comments and motions SEG 2033–2156.