In Western North Carolina slope ordinances are either nonexistent, or if enacted, are as irregular and fractured as our mountains. It is difficult if not impossible for local governments to legislate safe slope regulations. Property owners and developers protest every attempt by elected officials to regulate slope construction. When my second commentary was published in September I focused on the commissioned Boone Steep Slope and Multi-Family Task Force and their efforts to establish guidelines for safe slope development for the Town of Boone. On October 2, the Boone Town Council passed a compromise steep slope bill after contentious public debate over many of the recommendations made by the Task Force.

The most significant change in the recommendations proposed by the Task Force was the elimination of the regulatory color coded hazard map that identified high, medium, and low risk development areas. New amendments to the Unified Development Ordinance in Boone now specify use of a geologic hazard overlay zoning district for future slope development permits. The hazard overlay zoning district is less transparent than the clearly defined hazard map proposed by the Task Force. In addition, the Boone Town Council adopted new steep and very steep slope protection regulations. The ordinance which was effective on October 12 defines and provides regulation for steep and very steep slopes. Steep slopes are indentified as those between 30 and 50 percent. Proposed development sites with a 30 to 50 percent grade may require a site specific stability analysis. Very steep slopes are classified as those greater than 50 percent and permits for these slopes will require site specific stability analysis. The original Task Force recommendations called for regulations over all slope grades if there was evidence that disturbances of the slope would precipitate landslides.

On the same day that the Boone Town Council passed its new slope ordinance, a state geology group issued a report that identified Watauga County as the most likely county in the western part of the state to suffer hazardous landslides. Boone is located in Watauga County.

When municipalities, like the Town of Boone, report that they have passed new slope protection regulations it does not necessarily mean that the new rules were drafted solely to provide for public safety. For example, in Boone, land owners and developers were instrumental in persuading the commissioners to remove the color coded graphic hazard map from the new slope regulations. It is understandable that property owners and developers do not want their marketable land to be designated as potentially hazardous. Property owners and developers were also successful with their petition to the Council to have development on slope grades under 30 percent removed from the slope regulations.

The counties of Western North Carolina are on a precipice literally and figuratively and will soon suffer more landslide disasters. Since the state of North Carolina has not mandated standards for safe slope construction the responsibility falls to local municipalities.

When the mountains fracture and move, causing homes and roads to slide off slopes, the injured parties will look to those responsible. Will state and local government officials be able to tell the residents of Western North Carolina that they did their best to ensure their safety?