History of Agreement

If your non-residential (new or redevelopment) 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 Erosion Control staff to enforce and administer the  regulations, 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 Town of Fletcher's Stormwater Quantity Regulations. Where there is a conflict between county 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 County Ordinance shall be heard by the appropriate County 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.