42-237.5 Lands to Which This Subpart B Applies

This Subpart B shall apply to all land-disturbing activity, development and redevelopment including, but not limited to, site plan applications, subdivision applications, and grading applications) within the unincorporated areas of Henderson County and its municipalities as allowed by agreement between local governments, other appropriate legal instrument or law. Water supply watershed regulations shall apply within any unincorporated areas and also to incorporated areas specifically requesting enforcement by Henderson County upon the consent of the Commissioners, and which are designated as a public water supply watershed by NCEMC and delineated on the map titled "Henderson County Water Supply Watershed Protection Map," herein referred to as the "Watershed Map," as amended. (In making such a request, the city or town must comply with the requirements of NCGS §160D-926.) The Watershed Map and all explanatory matter contained thereon accompany and are hereby made a part of this Chapter. This Chapter shall be permanently kept, along with subsequent amendments thereto, on file in the office of the Clerk to the Board of Commissioners.

In cases where a municipality extends its extraterritorial jurisdiction into a watershed herein defined, the restrictions applicable to development in that watershed shall remain in effect until they are amended or repealed or until the County and such municipality, by mutual consent, transfer authority to administer and enforce watershed regulations not inconsistent with state rules.

Stormwater management regulations shall apply within any unincorporated and also to any incorporated areas specifically requesting enforcement by Henderson County upon the consent of the Commissioners, provided that areas designated as a public water supply watershed by NCEMC and delineated on the Watershed Map are specifically excluded. A map shall be maintained by the Stormwater Administrator indicating the geographic location of all structural best management practices permitted under this Subpart B.