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County attorney advises waivers of solid‑waste availability fee are not permitted; board denies fire-debris waiver
Summary
Alleghany County's attorney told commissioners that state guidance and prior School of Government advice indicate the county cannot legally waive the solid‑waste availability fee; the board unanimously denied a request from Bottomly Evergreens and Farms to waive a fire‑debris disposal fee and instructed staff to include a clear policy in the upcoming budget ordinance.
County Attorney Heather Cline told the Alleghany County Board of Commissioners that prior legal guidance from the School of Government indicates the county is not permitted to waive the solid‑waste (transfer) availability fee and recommended against considering ad‑hoc waivers.
Cline noted the county has waived fees previously, but she said the practice was inconsistent with legal guidance. She told the board that staff are preparing a budget‑ordinance amendment and policy language that will explicitly prohibit waiver votes of that fee going forward. After discussion, a commissioner moved to deny a fee‑waiver request from Bottomly Evergreens and Farms for fire‑debris disposal; the board voted to deny the waiver by voice vote, 4‑0.
Why it matters: the decision clarifies county policy and limits the board's ability to individually grant transfer-fee waivers, affecting residents and businesses seeking post-disaster debris assistance and shaping how future requests will be handled.
The board did not adopt a new ordinance that night but was told the policy language will be part of the budget ordinance in the near term.
