HB 1870 Artificial Slope Construction Act was heard today in the Environment and Natural Resource Committee on the House side.
The bill would require local governments to adopt ordinances to regulate site planning, design, and construction of artificial slopes in mountainous area of the state. The bill is being proposed in an effort to promote safe stable slopes and to reduce the likelihood of slope failure. While safety may be the stated purpose, this bill is eroding away personal property rights as Becki Gray has mentioned in a previous article.
This is the second time the ENR committee has met to hear this bill and debate today focused on Representative Harrison?s proposed amendment, which would require disclosure of landslide hazards from the homeowners to potential buyers. A representative from the North Carolina Associations of Realtors informed everyone that typically a realtor discloses this information; however in a transaction where there is no realtor this amendment would push that burden off on the seller. The bill?s sponsor, Rep. Goforth, opposed the amendment and raised some concern to putting this kind of burden on sellers since sometimes they are not well informed of slope construction limitations. Rep. Underhill also pointed out that the ?research? that sellers would be expected to go out and gather about their property is supposed to be based on the NCGS maps which will not be completed for several counties for another 7 or so years.
Rep. Floyd reiterated this point- that the owner would have to know about potential landslides to disclose but they wouldn?t necessarily know about the landslides until the mapping is complete. The amendment passed 9 to 7.
A representative from Environment North Carolina encouraged passage of the bill, arguing that slope erosion is polluting mountain streams.
The North Carolina Homebuilders also had a representative speak at the end who discouraged sending a favorable report of this bill due to the fact that local governments are able to make the best decisions on their own for their citizens safety. She listed how several local entities have already passed ordinances that comply with the artificial slope construction act and this bill is not addressing any real problems. The representative argued this bill is forcing local cities to follow what Raleigh dictates to them.
The bill?s sponsor Rep. Goforth concluded that we?ve got to protect the counties who are not choosing to do something.
The committee passed a favorable report on a vote of 8 to 6.
