§42-267.
Plan Appeals
A.
Except as provided in §42-267 (Plan Appeals) B of this subpart, the appeal of a disapproval or approval
with modifications of an Erosion and Sedimentation Control Plan shall governed by the following
provisions:
(1)
The disapproval or modification of any proposed Erosion and Sedimentation Control Plan by the
Soil Erosion and Sedimentation Control Administrator shall entitle the person submitting the
Erosion and Sedimentation Control Plan to a public hearing if such person submits written
demand for a hearing within 15 days after receipt of written notice of disapproval or
modifications.
(2)
A hearing held pursuant to this section shall be conducted by the Henderson County Zoning Board
of Adjustment (ZBA) within 60 days after the date of the appeal or request for a hearing.
(3)
The ZBA will render its final decision on any appeal within 45 days of the completion of the
hearing.
(4)
If the ZBA upholds the disapproval or modification of a proposed Erosion and Sedimentation
Control Plan following the hearing, the person submitting the Erosion and Sedimentation Control
Plan shall then be entitled to appeal the County’s decision to the Competent Court of Jurisdiction.
B.
In the event that an Erosion and Sedimentation Control Plan is disapproved pursuant to §42-256 (Erosion
and Sedimentation Control Plans) J of this subpart, the applicant may appeal the Board of Adjustment’s
disapproval of the Erosion and Sedimentation Control Plan directly to the North Carolina Sediment Control
Commission