What does the adoption of the steep slope regulations mean for the average property owner in the Town of Boone and the ETJ?  As a lot of misinformation was circulated about the adopted Steep Slope regulations, the following information was prepared in response to frequently asked questions:

There are two primary reasons for the adoption of the Steep Slope Regulations:

1. Safety or the identification of land areas subject to possible slope failure
2. The protection of the scenic beauty and natural environment of Boone’s hillside areas vital to preservation of the character of our community and continued economic development

Development is neither prohibited nor discouraged by the Steep Slope / Viewshed regulations.

The regulations support single family residential development.

For existing homes and grandfathered situations, the regulations may actually expand what people can do.  For example, homes already too big when brought into zoning, can still be increased in size by 10%.

There is a provision in the UDO that if an existing home is destroyed, it can be rebuilt to its original footprint, even if it exceeds current regulations.

A 2002 real estate industry report and reviews of the literature on the effects of land use regulations documents how land-use regulations raise rather than lower property values in most situations.

The regulations encourage higher density development including multi-family and mixed use development at lower elevations and less dense development in our Viewshed, which includes our steeper slopes.

A geologic hazard map was not adopted. There are now two steep slope categories: Steep Slopes at 30%-50% and Very Steep Slopes above 50%.  By comparison, the maximum grade for DOT roads is 18%.

Most people will not notice any difference with the adoption of these regulations unless they plan to build or add an addition that actually disturbs a Steep Slope, a Very Steep Slope or where a geologic hazard exits.  If there is land disturbance on a Very Steep Slope, a geologic analysis is required to determine slope stability and whether remedial measures to maintain slope stability are needed.  In the case of land disturbance on steep slopes or where a geologic hazard indicator exits, a geologic analysis may be required, as determined by Development Services, but is not automatic.

The Viewshed only includes development that can actually be seen 100 feet and above major corridors (221, 321, 421, 105, 194).  Though the Viewshed map depicts all property within the Town and ETJ 100 feet above a major corridor, the Viewshed regulations will only apply to development that can be seen from a major corridor.  The map is never the final word whether a particular building project is part of the Viewshed since whether something can be seen depends on the location of the building, the contour of the land, the vegetation which is preserved, and the specific way the building is designed.  In fact, many properties as developed both in the Town and the ETJ that are 100 feet and above major corridors cannot be seen, so they are not in the Viewshed.

For properties in the Viewshed zoned RA (Rural Agriculture), intensity regulations remain the same (10% Maximum Floor Area Ratio) and for all other properties in the Viewshed including single family, multi-family and commercial the existing R-1 (single family) intensity regulations apply (16% Maximum Floor Area Ratio), but the Maximum Floor Area Ratio exemption for single family homes does not apply in the Viewshed. Land disturbance of properties below the Viewshed is unchanged.

A 35 foot riparian zone is only required for streams on Very Steep Slopes and Steep Slopes.

Property up to two acres in size in the Viewshed is limited to 3/4 of an acre of land disturbance. There is no limit on land disturbance for lots up to 3/4 of an acre.

The maximum allowable land disturbance for property in the Viewshed which is larger than two acres is limited to 3/4 of an acre for the first two acres, plus thirty percent of the additional property.

The actual amount of land which must be disturbed in order to install a septic system is not included in the calculation of the total land disturbance.

Persons developing in the Viewshed are encouraged, rather than required

• to reasonably site any structure to minimize its visual impact.
• to reasonably preserve and protect foliage and trees.
• to design development along ridgelines in an effort to reasonably minimize the visual impact.

An appeal process is built into the regulations.

For specific questions regarding a property in the Town of Boone or the ETJ, please contact Development Services at 262-4540.