History of Agreement

If your development project falls within the town limits of Fletcher North Carolina, the following regulations apply.  The Town of Fletcher Council and the Henderson County Board of Commissioners signed an agreement on August 9, 2010.  This agreement, which went into effect September 1, 2010, allows Henderson County Water Quality staff to enforce and administer the Municipality's stormwater regulations, which address post-construction runoff, within Municipality's boundaries including by not limited to: a) Enforcement, b) Administration, c) Inspection, d) Investigation of complaints and violations, and e) Review of plans and permit applications.

Henderson County shall enforce the Municipality's ordinances regarding stormwater that address post-construction runoff, hereinafter "stormwater regulations".  Where there is a conflict between municipal law and state or federal law, the County will follow the stricter of the regulations where legally possible.  The Municipality shall not determine which law to follow where there is conflict with other law and any questions shall be directed to the Henderson County Office of the County Attorney.

Appeals under the Municipal Ordinance shall be heard by the appropriate Municipal appellate board. Other than in the instance of appeal, the Municipal government shall not have authority to mandate enforcement, administration or other duties.

Any criminal or civil penalties or injunctive relief under the specified stormwater regulations will be requested by Henderson County on behalf of the municipality. The County has full discretion in determining any litigation, whether criminal, administrative, or civil, initiated by the County under the Municipal stormwater regulations.  The Municipality shall not make decisions regarding the litigation including but not limited to: initiation, type of case, penalties assessed, settlement or litigation strategy.