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Yancey County, North Carolina: no county zoning, but other rules still apply

The Yancey County Building Inspections permitting guidance says there is no zoning ordinance in the County's jurisdiction, while properties inside the Burnsville town limits are subject to the Town's ordinances. Septic and well permits, floodplain and watershed permits, an address and a building permit are still required. Each point below names its official source; confirm the details with the county before you rely on them.

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Zoning

The county's Building Inspections permitting guidance says: "Although there is no zoning ordinance in the County's jurisdiction, properties inside the Burnsville Town limits are subject to the Town's ordinances."

The same guidance says the first step is to work out whether a property is in Yancey County's jurisdiction or the Town of Burnsville's. If you are unsure, it points to the Town of Burnsville Public Works at (828) 682-2420 or the Yancey County Mapping office at (828) 682-2347. Confirm with the county and, for in-town land, with Burnsville.

Septic permit

The county permitting guidance says a project that needs a new well or septic system must apply for those permits with the Yancey County Health Department, whose Environmental Health staff give instructions for the process. Proof of septic system approval is required before a building permit is issued.

The Health Department's Environmental Health page lists separate applications for new septic systems (including expansions, relocations and change of use), septic repairs, existing system approval (reconnection or site changes) and well permits, plus a fee schedule.

The state On-Site Water Protection Branch of NC DHHS describes its program as a joint effort among the local health departments and the Branch, and lists the state on-site wastewater rules (15A NCAC 18E). Confirm current requirements and fees with Yancey County Environmental Health.

Floodplain permit

The county permitting guidance says that if a property is in a mapped Flood Hazard Area or the Yancey Watershed (or both), development permits are required before any work starts and before a building permit can be issued. It warns that starting work without them may bring fines and penalties under the county's Watershed and Flood Prevention Ordinances, and it sends applicants to Yancey County Emergency Management.

The Building Inspections page says the office administers the state-mandated National Flood Insurance Program regulations, and that Flood Insurance Rate Maps can be viewed on the state Flood Risk Information System website or at the Building Inspections office. Confirm whether a parcel is in a flood hazard area or the watershed with the county.

Building code and permits

The Building Inspections page says the office administers the North Carolina mandated building codes. It lists residential and commercial permits for new structures, additions, remodeling and changes to electrical, plumbing or heating and cooling systems, and floodplain permits for new structures, land-disturbing activities and remodeling. It names some exemptions, such as routine repairs and small residential storage buildings.

The county permitting guidance lists the order of steps: jurisdiction check, floodplain and watershed permits (if applicable), septic and well permits, a site address from the Addressing Department, then the building permit. Proof of septic approval, the address and any flood or watershed permits are required to obtain a building permit. Applications are on the county website or at the Inspections office, 202 Medical Campus Dr., Burnsville.

The same guidance says bridges and culverts must be able to support emergency vehicles and meet other N.C. Fire Code requirements, and points to the Fire Marshal's office for permits.

Installing a manufactured home

The Manufactured Building Division of the NC Office of State Fire Marshal licenses manufactured home set-up contractors: its licensing page lists an application, a written exam for the qualifier and a surety or cash bond. Its modular set-up page says a manufactured home set-up license does not by itself authorize setting up modular buildings, and that a person who is not a licensed general contractor must give the local code enforcement official proof of a $5,000 surety bond for each modular building before securing a permit to erect it.

The county posts the Division's memo "Guidelines for Tiny Homes in North Carolina" (February 15, 2019). It says tiny homes used as permanent single-family dwellings must be permitted by the local building official, that a unit built under the HUD manufactured housing program must have at least 320 square feet of floor area when erected, and that units certified by the Recreational Vehicle Industry Association are treated as recreational vehicles. Confirm current set-up and permit requirements with Yancey County Building Inspections.

Covenants and deed restrictions

No county zoning does not remove private restrictions. The county permitting guidance says deed and covenant restrictions are not enforced by Yancey County officials, and that it is the permit holder's responsibility to know of any such restrictions on a property. Recorded deed restrictions and HOA rules still apply.

For questions the guidance points to the Register of Deeds or the Tax Office. The Yancey County Register of Deeds website says the office has scanned documents back to 1833 and offers an online records search.

Who to ask

Building Inspections: 202 Medical Campus Drive, Burnsville, NC 28714, (828) 682-7833, Monday to Friday 8:00 AM to 4:30 PM. Health Department: 202 Medical Campus Dr., Burnsville, 828-682-6118 (the permitting guidance gives (828) 682-6118 for Environmental Health; the Environmental Health page also lists 828-682-1927).

Floodplain and watershed permits: Yancey County Emergency Management, (828) 682-1085 in the permitting guidance; the Emergency Services page prints 828-678-1085 (15 East Boulevard, Burnsville). Confirm the number when you call. Mapping office: (828) 682-2347. Town of Burnsville Public Works: (828) 682-2420.

Register of Deeds: Yancey County Courthouse, 110 Town Square, Room 4, Burnsville, NC 28714, 828-682-2174. Tax Office: (828) 682-2198. NC OSFM Manufactured Building Division: 919-647-0000.

Before you buy land here

LandCheck took these facts from the county sources listed under each heading. General information, not legal advice: the county, the health department and a licensed installer have the final word, so confirm anything that matters with them before you buy. LandCheck is free with no account; terms, privacy and refunds.