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Planning commission defers text amendments to allow shipping containers for agricultural use, directs staff to tighten rules
Summary
Beaufort County planning staff recommended allowing shipping containers for bona fide agricultural uses with proof requirements and screening; commissioners deferred the proposal and asked staff to clarify language excluding tractor trailers, prohibit hazardous waste storage, increase screening, and consider inspection language.
Beaufort County planning commissioners voted to defer consideration of proposed text amendments that would permit the use of shipping containers for bona fide agricultural purposes, saying staff should tighten definitions and safeguards before the proposal returns.
Staff planner Rob Merchant told the commission the draft language aims to balance support for agricultural operations with protections against visual and environmental impacts. The revisions remove a per-acre numeric cap on containers, add screening requirements near public rights-of-way and in residential areas, and limit acceptable proof of farm status to one of: Schedule F from a recent federal income tax return, an approved non-timberland agricultural tax exemption from the Beaufort County assessor, a USDA farm number or an SCATE card.
Commissioners raised enforcement and safety concerns. One commissioner asked how the county would detect misuse and said ‘‘what are you gonna do’’ when a violation occurs; Merchant replied that zoning violations are handled through the county’s code enforcement program and that proactive annual inspections would be an onerous change to current practice. Another commissioner urged clearer wording to ensure the proposed exemption applies to shipping containers and not tractor trailers or semi trailers.
A commissioner asked staff to explicitly prohibit storing hazardous waste, pesticides or large quantities of fuels in containers, citing the absence of impermeable secondary containment in typical shipping units and referring to 40 CFR part 112 for oil spill containment standards. Staff agreed to draft language clarifying prohibited materials.
Public commenter Mary Connor questioned whether the documentation proposed to prove bona fide agricultural use (including a ‘‘skate card’’ reference to tax exemptions) would reliably demonstrate farm activity and expressed worry about clusters of storage containers near neighbors. She said operators using reefer (refrigerated) containers for hydroponics or mushroom production generally use heavier, insulated units and noted those containers tend to be robust.
After deliberation, Commissioner Dennis moved to defer the case (CDPA 0000572025) so staff could revise the draft to do the following: clarify that exemptions apply to shipping containers and not semi/tractor trailers; explicitly prohibit hazardous waste and similar toxic storage; consider raising the screening distance from 100 to 200 feet from a public right-of-way; and address inspection language. The motion was seconded and carried with seven votes in favor and one opposed. The commission will consider the amended language at a future meeting.
