COUNTY ORDINANCES & HOW THEY ARE CREATED AND ADMINISTERED
- The Planning Department assists the Planning Board to develop and write ordinances with regard to land use. The Transylvania County Commissioners can adopt ordinances submitted to them via the Planning Board into County law. Any citizen or group of citizens can approach the Planning Board with requests to develop ordinances.
- While there is no county-wide zoning in Transylvania County, the following land use ordinances apply to county properties outside of the planning/permitting jurisdictions of the Town of Rosman and the City of Brevard along with its Extra Territorial Jurisdiction (ETJ). Contact the City of Brevard Planning Department for properties inside the city limits or the ETJ.
- Use this GIS link to see the location and jurisdiction of your property. Make sure that you select layers for "Flood", "ETJ" and "Zoning". The zoning GIS layer includes the area covered by the Pisgah Forest Community Zoning Ordinance which is administered by the County Planning Department.
- Some ordinances have associated fees as shown on the Fee Schedule.
Flood Damage Prevention
Restrictions are placed on what type of development can be done in the 100-year flood plain and allows for no development in the floodway, protecting neighbors upstream from backed up waters and neighbors downstream from excess floodwaters and debris.
Historic Preservation Commission (JHPC)
The Joint Historic Preservation Commission (JHPC) consists of nine members (6 from the County, 2 from Brevard, and 1 from Rosman) who are appointed by the Board of Commissioners and are authorized to:
- inventory properties of historical, pre-historical, architectural and/or cultural significance
- recommend historical districts and landmarks
- review proposals for alterations of historical districts and landmarks
- conduct educational programs
Click here to see our showcase of the historic designations in Transylvania County.
Manufactured Home Park
The Manufactured Home Park Ordinance is in place to insure adequate facilities for transportation, fire safety, emergency access, parking, water, and sewage disposal are provided for park residents.
Mountain Ridge Protection
The Mountain Ridge Protection Ordinance regulates the construction of tall buildings or structures on mountain ridges defined as those whose elevation is at least 500 feet above the elevation of an adjacent valley floor and at least 3,000 feet in elevation. Transylvania GIS has a layer depicting parcels containing protected mountain ridges.
Pisgah Forest Community Zoning
To manage how this community grows, its citizens developed Pisgah Forest Community Zoning which is administered by the County Planning Department.
Planning & Development Charter
This Planning & Development Ordinance established the Transylvania County Planning Board which recommends principles and policies for guiding the development of the County. It is also the Planning Board's duty to complete the Comprehensive Plan for the physical development of the County.
The Scenic Corridor Designation Ordinance was created to establish areas which are particularly beautiful and offer the most outstanding views of the natural grandeur of our mountains as seen by the public while traveling on the roads and highways in Transylvania County. There is no allowance for off-premise outdoor advertising signs along Designated Scenic Corridors. A map of the Scenic Corridors can be found here.
While aware of and sensitive to the need for local businesses to adequately identify their products and services, this ordinance was developed with the intention to insure safety of motorists by reducing the distracting influence of uncontrolled signs throughout the county and with the purpose to preserve the scenic and aesthetic features and quality of life for residents and visitors.
A subdivision means all division of a tract or parcel of land into two or more parcels. As land is divided and sub-divided, this ordinance ensures (among other things):
- roads and turn-arounds are large enough for emergency vehicles and traffic
- drainage is sufficient to prevent erosion
- water supply and other utilities allow for harmonious growth
Transylvania County governs the placement, construction and modification of Telecommunications Towers to ensure the ready availability of reliable wireless services to the public, government agencies and first responders.
This ordinance disallows any activity, situation, structure or land use that poses a threat to water quality and public health, safety and welfare within the Designated Watershed (Cathey's Creek).
There are two other policies that are not ordinances, but give guidance:
Community Appearance Initiative
The Community Appearance Initiative is a guidance policy that was initially a project to clean up the County along major roadways by helping property owners with screening junkyards, removing large junk piles and disposing of dilapidated trailers.
The County does not have an ordinance regarding junk accumulation.
Transylvania County, Brevard & Rosman Joint Policy to Extend Water & Wastewater Services
This Joint Policy to Extend Water & Wastewater Services is designed to promote future economic development of the County and its municipalities.