By Jack Lewis, Guest Columnist
Sitting on the front porch, I listen to the restful tone of the trout stream that borders my property. The harmony of the water flowing over the rocks is soothing to my soul. I’m in my happy place. I feel a nap fast approaching.
Suddenly, my nap is interrupted by an official county car, zooming up my driveway into my splendor. It appears the gushing trout stream I find so relaxing is an issue with my neighbor, and he has measured the “noise” and found that it exceeds the 50 dB level per Cherokee County code. He has filed a civil complaint that could become criminal.
After testing, consultants and lawyers, I tell the judge that I live in nature. He tells me if I don’t bring the stream into compliance with the ordinance, I’ll be living in the jail.
So my $200,000 dream home has cost me $350,000 due to testing and legal fees. I can’t sell my house since no lending institution will enter into a mortgage on a property not in compliance with code or possible code. I can’t give it away because no one else wants to go to jail because the beautiful stream is over the 50 dB limit. I can’t alter the stream, or I go to jail for violating regulations. My dream home is a nightmare.
After much investigation I learned that, according to N.C, Real Estate Commission rules, agents are required to Discover & Disclose Material Facts. Included in this is the fact a 50 dB ordinance “passed” by the commission, but may not have been passed, is required to be disclosed. That a Land Use Proposed Committee discussed by Commissioner Jan Griggs at a meeting, and noting that her and Commissioner Cal Stiles would present a proposal at the next meeting, is required to be disclosed. By not telling me that the property exceeds the 50 dB rating and that there was discussion of a Land Use Ordinance, I have a claim. I may have found my get out of jail free card.
Streams and rivers and waterfalls easily exceed the 50 dB limit set by the commissioners. Generally, the property line that references a stream or river is based at the center of these. The ordnance notes: “At the property line.” Thus, the measurement is made in the middle of the stream
or river, its highest noise area.
Griggs and Stiles have created a disruptive environment for buying or selling land and homes in Cherokee County. Their actions may create a level of uncertainty and issues that could require years to overcome. Prices may fall, tax collections may drop and people may be unemployed just for their political gains.
The writer is a Cherokee County resident who has operated local plants for decades.