§42-238.5
Lands to Which This Subpart B Applies.
This Subpart B shall apply to all land-disturbing activity, development and redevelopment  including, but not limited
to, site plan applications, subdivision applications, and grading applications) within the unincorporated areas of
Henderson County and its municipalities as allowed by agreement between local governments, other appropriate
legal instrument or law. 
Water supply watershed regulations shall apply within any unincorporated areas and also to incorporated areas
specifically requesting enforcement by Henderson County upon the consent of the Commissioners, and which are
designated as a public water supply watershed by NCEMC and delineated on the map titled "Henderson County
Water Supply Watershed Protection Map," herein referred to as the "Watershed Map," as amended. (In making such
a request, the city or town must comply with the requirements of NCGS §153A-122.) The Watershed Map and all
explanatory matter contained thereon accompany and are hereby made a part of this Chapter. This Chapter shall be
permanently kept, along with subsequent amendments thereto, on file in the office of the Clerk to the Board of
Commissioners.
In cases where a municipality extends its extraterritorial jurisdiction into a watershed herein defined, the restrictions
applicable to development in that watershed shall remain in effect until they are amended or repealed or until the
County and such municipality, by mutual consent, transfer authority to administer and enforce watershed regulations
not inconsistent with state rules.
Stormwater management regulations shall apply within any unincorporated and also to any incorporated areas
specifically requesting enforcement by Henderson County upon the consent of the Commissioners, provided that
areas designated as a public water supply watershed by NCEMC and delineated on the Watershed Map are
specifically excluded. A map shall be maintained by the Stormwater Administrator indicating the geographic
location of all structural best management practices permitted under this Subpart B.