Asheville City Council Set to Hear Stream Buffer Proposals

During tonight's meeting, the Asheville City Council is set to hear rulings being proposed that could change the size of the buffer bordering the city's streams. The affected area could amount to as much as 8% of the city's land when the approximately 200 miles of streams in Asheville are multiplied by the 50 foot buffers being proposed. The proposal would bar most new construction and development within the buffers.

A recent North Carolina law has mandated that municipalities of a certain size must create buffers along side streams that are at least 30 feet wide. The belief is that the buffers will fight erosion and combat the threats posed by flash flooding. The proposal that Asheville-based proponents have assembled has added an additional 20 feet in the belief that a 50 foot buffer would meet the sediment and erosion problems more common to this area of the state. Quite possibly the more reduced the amount of dredging and widening of stream beds, the less susceptible areas are to flooding.

The debate will put environmentalists on one side and some land- and home-owners on the other. Conservationists and environmentalists believe that the buffers, by reducing sediment, will thereby reduce a major cause of pollution. They also see the buffers as a type of natural strainer that could help filter out pollutants before they can reach the city's waterways. Among those taking this position are members of Clean Water for North Carolina. Since 1984, they have been tackling local environmental problems and issues and their impact on the public. Gracia O'Neil, assistant director of the organization, has said that, "Water is a public resource and people don't have a right to degrade that resource for the sake of their own pocketbook." These concerns are based on evidence that some developers and home owners are responsible for dumping pollutants into the streams from their properties.

Opposing that stance are certain property owners who feel their rights are being violated. If a person chooses to build on their property, opponents to the environmental position see this as their right. If a structure presently exists and a homeowner wants to add an addition, they shouldn't be barred from doing so, say those questioning the buffers. The proposals the City Council will be hearing allows for certain exemptions, however. If a homeowner's expansion or construction plans are being severely curtailed, they can present their appeal to the city's Board of Adjustment who can sanction a 10% encroachment.

There already are buffers in place throughout areas of Asheville. Sections already determined to be flood areas, or flood ways, have been subject to some preliminary buffer rulings. Pulling back to the buffer line may already have helped some structures avoid damage. Environmentalists are also asking whether the buffers presently in place have truly affected any businesses negatively and see the existing buffers as proof that the new rulings would not threaten the city's economic health. Those who oppose that position argue for evidence that the buffers will actually prevent the flooding that some are claiming they will.

Environmentalists also oppose anyone's right to send sediment downstream. While landowners feel their rights might be violated, environmentalists offer a rebuttal. Hartwell Carson, with RiverLink, said, "People keep saying this is a property rights issue and I absolutely agree. I don't think anyone should have the right to dump sediment on people's property or the river." RiverLink is a regional non-profit organization that began in 1987. It is dedicated to the revitalization of the French Broad River, and the maintenance of the public's access to the river for recreation and enjoyment. The French Broad River has been determined to be one of the oldest rivers in the country.

These are not the only voices expected to be heard at tonight's meeting. There are Asheville residents who believe the rules are being railroad through the City Council before sufficient discussion and argument has taken place. There are others who think the matter should be decided on a case-by-case basis, rather than by a citywide ruling.

In any event, tonight's City Council promises to be another display of strong sentiments presented by a wide cross section of area residents. The meeting will be held at 5pm in the Council Chambers located on the second floor of the Asheville City Hall.