State Delays Regulation Over Hazardous Mountain Slopes

In January 2007 a public safety bill was drafted in the North Carolina General Assembly to address dangerous building practices.

House Bill 1756, Short Title, Safe Artificial Slope Construction Act was intended to:

(1) require local governments to adopt ordinances to regulate site planning, design, and construction of artificial slopes in mountainous areas to promote safe and stable slopes for development and to reduce the likelihood of slope failures on developed or disturbed land, in order to protect human safety and property; (2) direct the Sedimentation Control Commission to assist local governments in development and implementation of safe slope construction programs; and (3) provide for disclosure of landslide hazards to purchasers of properties located in areas vulnerable to landslides as indicated on maps prepared by the North Carolina Geological Survey.

After months of deliberation, Representatives Phil Haire, Ray Rapp, and Susan Fisher were advised in June that their bill was being referred to the Environment and Natural Resources Committee for further study.

When Representative Haire was told that the bill would not be presented he said:

We've got statewide laws dealing with erosion, dealing with how to build a house, and we've got standards that deal with the safety of water. We're talking about safety, we're talking about the environment, we're talking about water quality. Article 5 of the state constitution charges us with conserving and protecting the land and water for the benefit of citizens. If we know we can do this we have to do this. If we permit development to go up those slopes without advising those people that they need to take additional measures, and that person loses their property or their life, we're not doing our job. 20 years ago we didn't have to do this, but now we do.

Please see “Opposition kills steep slope rules” Asheville Citizen-Times June 27, 2007.
(This article has been withdrawn but a reprint is available on Environment North Carolina.)

While North Carolina legislators delay controlling the actions of local governments, construction continues on landslide prone slopes. There are a few Western North Carolina municipalities that have strengthened their slope regulations but even these do not meet acceptable engineering and site planning requirements for hazardous land.

When a slope fails it is often considered a natural event but current technology and probability maps provide a clear picture of where not to build. While the state studies these predictable regional hazards, local governments in Western North Carolina are allowing homes, roads, and resorts to be built on old landslide deposits, debris flows, and erodible soils. For additional information please read Dwight Otwell’s article, “Steep slope bill a hot topic” Cherokee Scout April 8, 2008

Mountain settings give the impression of stability but in reality they are high risk building sites with no insurance protection.