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County adopts geohazard code clarifications, defining 'average slope' and standardizing 25% buildability threshold

Morgan County Commission · June 17, 2026
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Summary

Morgan County updated its geohazard ordinance to define how 'average slope' is calculated, to make the 25% maximum buildable slope consistent across code, and to remove a conditional‑use allowance up to 30%; engineers said the change improves legal defensibility.

Morgan County commissioners unanimously approved a text amendment to the county’s geohazard ordinance that clarifies how slope is calculated and standardizes the 25% maximum for buildable areas.

Planning staff explained the change is primarily definitional: the code previously used inconsistent phrasing about slope (some sections said "less than 25%" while others used different thresholds and conditional exceptions). County‑hired engineer Mark Miller explained that adding an industry standard formula for "average slope" makes the ordinance defensible against legal challenge and reduces interpretive ambiguity on whether a lot qualifies as "buildable." Miller said: "The whole nature of this proposal was just, let's give it, make it so we don't get sued over this vague language of 25% or less."

The amendment also removed language in the conditional‑use section that had previously allowed development up to 30% slope in some circumstances. Planning staff told the commission the change is not intended to open new building sites; rather, it clarifies how staff and consultants will measure slope on the building envelope and driveway/access area that must be assessed before any permit work begins.

Commissioners asked how the rule applies when earthmoving changes natural grades; staff said the ordinance tests slope in the lot's natural state for the purpose of initial determination and that engineered mitigation or geotechnical reports can be required to establish safe conditions prior to construction. The commission approved the ordinance and directed staff to finalize language for incorporation into the county code.

What happens next: staff will publish the clarified code language and the county will require slope calculations for habitable structures in buildable envelopes; enforcement staff said geohazard reports and inspections will be used to ensure compliance.