42-266. Plan Appeals
A. Except as provided in §42-266 (Plan Appeals) B of this subpart, the appeal of a disapproval or approval with modifications of a Plan shall governed by the following provisions:
- The disapproval or modification of any proposed Plan by the Henderson County Soil Erosion and Sedimentation Control Administrator shall entitle the Person submitting the Plan to a public hearing if such Person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications.
- A hearing held pursuant to this section shall be conducted by the Henderson County Zoning Board of Adjustment (ZBA) within 60 days after the date of the appeal or request for a hearing.
- The ZBA will render its final decision on any appeal within 45 days of the completion of the hearing.
- If the ZBA upholds the disapproval or modification of a proposed Plan following the hearing, the Person submitting the Plan shall then be entitled to appeal the County’s decision to the Commission as provided in G.S. 113A-61(c) and 15A NCAC 4B .0118 (d).
B. In the event that a Plan is disapproved pursuant to §42-255 (Erosion and Sedimentation Control Plans) J of this subpart, the applicant may appeal the Henderson County Board of Adjustment’s disapproval of the Plan directly to the Commission
