North Carolina
From the Blue Ridge Mountains to the unique sandhills to the wide open shoreline dotted with wild horses, North Carolina is a timeless treasure. It’s no surprise that this state has some of the fastest growing cities and counties in the country. We must keep speaking up to protect North Carolina’s wild places.
Environmental Protections
Are you a North Carolina resident with concerns about a green property in your community?
Multiple laws exist to protect clean water, clean air, and threatened species. Policies are also in place to protect the properties of neighboring communities from dangers such as flooding. However, due to lack of knowledge or corruption, these laws are sometimes ignored.
Here are some environmental protections to be aware of so you can double check your community:
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A state agency called the North Carolina Department of Environmental Quality (DEQ) oversees the state’s Water Supply Watershed Program which is essentially designed to keep North Carolina’s drinking water clean. Watersheds are the network of above ground (creeks, streams) and below ground (groundwater, aquifers) waterways that flow and drain into major water sources. Construction, waste and population growth around a watershed can severely pollute the water source, harming the environment as well as human health.
Land naturally absorbs, holds and filters water. When we turn land into impervious structures (i.e. concrete and asphalt) this system is disrupted. To protect the water supply located within watersheds, landowners and developers may not develop impervious structures or ground coverings beyond a certain density. As far as what percentage density is acceptable, that varies- watersheds are classified differently, and mitigations (or loop holes) exist for developers.
You have a right and a duty to look closely at any development within a watershed and ensure proper rules and procedures are followed.
-Contact your local government (town, county, etc.) to ask about watersheds and regulation in your area. Some municipalities may differ from the state in their approach
- Check this map to see which properties are within watersheds. If you’re not sure, contact NC DEQ.
If you suspect any Clean Water Act (CWA) violations, contact the US Environmental Protection Agency
-Contact your municipal water management district. Perhaps they’re interested in purchasing certain parcels of land to turn into stormwater retention and nature park, as was done with Exploration Green in Houston, Texas.
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Both the State of North Carolina and the United States have designated some species as Threatened or Endangered. Such species have special conservation protections for themselves and their habitats. Policies like the Endangered Species Act (ESA) and the Migratory Bird Treaty Act (MBTA) help ensure that any land that is home to protected species should also be excluded from development.
-North Carolina State Protected Species
-US Federally Protected Species
Additionally, North Carolina has a Plant Protection and Conservation Act. The protections are fairly week and mostly targeted at the illegal trade of these species, but it’s still worth checking. Download a list of NC Protected Plants here.
Threatened and endangered species can be difficult to spot. With a land owner’s permission, you can host a bioblitz! Get a group of outdoors enthusiasts and and spend a day out there, using freely available apps (iNaturalist, Seek, Merlin) and resources to identify as many species as possible. If you find a protected species on a property, tell the land owner* and contact the North Carolina Wildlife Resources Division- let’s get that habitat protected.
Still not sure who to contact? Reach out.
*There are known cases of landowners intentionally killing or displacing protected species rom their property in order to more easily sell it for development. This is abhorrent and illegal. If you suspect this has happened, document all that you can and contact NCDWR and your local law enforcement.
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Cultural and Archaeological Resources
Cultural resources include manmade features (i.e. earthen mounds, walls, marked or unmarked burial sites), natural features (i.e. culturally significant plants such as river cane), and historic artifacts (i.e. tools and artwork). Although artifacts found on NC property belong to the land owner, there can be additional protections for these places. The North Carolina Department of Natural Resources (DNR) has a State Office of Archaeology that seeks and identifies cultural resources.
Find the state employed archaeologist for your county and contact them if you believe archaeological resources may be present on a property
If you believe a burial site has been disturbed, contact the Sheriff’s Office. Keep in mind that some burial sites may be unmarked, especially when belonging to enslaved peoples.
Read more about identifying NC cultural resources
Learn the laws surrounding NC archaeological resources
Native Tribal Communities
Of course, all of North Carolina’s land was forcibly stolen from Native peoples. Fortunately, there is a growing movement to help Native communities regain their land. When property is available for sale, some Tribes may wish to re-gain that land and protect and steward it. The US Department of Agriculture’s Forest Service has a Community Forest and Open Space Conservation Program that provides funding for organizations including Tribes to purchase land. First Nations uses this resource amongst others to assist Tribes.
If you’re located in an area nearby Tribes, you could reach out and offer to help them re-gain land that would otherwise be sold for even more corporate profit.
Historical Value
If a property has been home to a long-standing community fixture, or perhaps was the site of a notable event or film production, this signifies historical value that a municipality should be interested to preserve.
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Storms and Flooding
As a coastal state with a history of hurricanes, especially as climate change rapidly intensifies, North Carolina communities are vulnerable to flooding. 100-year-flood events are now happening much more frequently. When large developments cover porous, water-holding soil and plants with impervious buildings/concrete/asphalt, nearby homes and properties can become much more vulnerable to flooding. This is both an environmental and safety risk. Coastal developments are at risk of flooding and sea level rise- you can check the Sea Level Rise map here and the Coastal Flood Exposure Mapper here.
Heat
Additionally, concentrated areas of sidewalks and roads without vegetation can lead to heat islands. Rising temperatures are increasingly dangerously. Poorly planned, rapid development can create extreme localized heat effects.
Evacuation
A high influx of residents can cause an increase in traffic. If the neighborhood’s roads and infrastructure weren’t built for this, the increased congestion could block your escape route in case of emergency. The NC Department of Transportation can wind up with the responsibility of improving traffic flows to support the increased population, but this can mean more greenery destructed to widen roads.
If the community has historically been low-density, there may be a limited number of firefighters and emergency responders for the area. This is worth asking and speaking up about.
You have a right to protect your own land and community. If you believe a proposed development could cause an increased environmental safety risk for your neighborhood, contact your local representatives voting on the development and present the facts.
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The state of North Carolina passed the Coastal Area Management Act (CAMA) in 1974. This act restricts development activity within 75 feet landward of coastal estuaries, sounds/marshes, bays, and tidal areas. Learn more here. Without a CAMA permit, the following activities (among others) are not allowed:
-Clearing of a site for the purpose of construction
-Removal of tree root balls, which hold the land in place
-Disturbing and altering the land
Additionally, dredging or filling of protected coastal waters requires a CAMA Major Permit, which involves a much longer process with the U.S. Army Core of Engineers.
We have witnessed developers conducting the above activities without having even applied for a CAMA permit, let alone receiving one. By keeping an eye out and documenting any violations, you can contact your local CAMA officer with the NC DEQ and they may be able to issue a Stop Work Order until a permit is reviewed and granted.
Check here for your local CAMA officers and field reps to report any violations to. If a serious wetland violation (such as filling or dredging) is observed and you suspect a CAMA permit is not in place, contact the appropriate field representative of the US EPA in Wetlands Violations.
Civic Engagement
Often times, elected officials in your community have to give the OK on major developments. This usually happens via a political process called Zoning. Here are some ways to organize your community and engage decision makers:
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Communities across the country are rapidly becoming developed. Here are some ways you can remain informed and engaged with the community so you’re prepared to speak up when commercial developments are proposed in green spaces.
1) Get to know your local representatives. These folks are responsible for voting on rezoning for commercial development. What mattes to them? Do they have kids who love to play outside in fields around the neighborhood? Do they enjoy bird watching? How do they envision bettering your community?
These people are elected to represent the desires of their constituents who call their municipality home, not those of private for-profit interests. They are your team mates. Show them that you appreciate and support their efforts.
Attend Town/Council Meetings and any public events they host when possible. This is an excellent way to express your thoughts as a concerned stakeholder and get on a first-name basis with decision makers. These events should be advertised online and at the physical Town/City Hall.
Get Involved in Local Elections. Advocate for green-minded, non-corporate-backed candidates, or consider running yourself. Think global, act local- this is where you can make a real difference for our nation.
2) Get familiar with your city/town/county’s Comprehensive Plan or Land Use Code.
This should be openly available online on the town’s website. The Plan likely sets apart certain parcels of land for recreational use or open space, while others are set aside for residential and commercial purposes.
3) Grow community.
Get to know your neighbors and the collective network you have. Perhaps you can organize a book club, potluck dinners, game nights etc. You can all keep an eye out together and become comfortable communicating with each other.
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Land Use and Zoning
Parcels of land are all “zoned” for particular uses such as recreational, agricultural, residential and commercial. When bare land is purchased for commercial use, be it multiple residences or stores or a parking garage, this usually means that the parcel of land has to be rezoned.The legally-defined zoning process in North Carolina occurs within local governments- i.e. the county, town or city. A developer petitions the local government to rezone a piece of land. This process may begin before the developer has officially purchased the land. You can read more about this zoning process in the Town of Raleigh here.
If a parcel/property is being considered for rezoning, this is public information. Neighbors in close proximity to the proposed development will likely receive notice in the mail. Others can check the city/town website and newsletter to remain informed.
A developer may begin the re-zoning process of a property before their company has officially bought the property from the independent land owner.
Dedicated engagement in this process from start to finish is your best chance to speak up and protect nature- and earlier is ALWAYS better. Major development companies often have many projects working at a time. They don’t want to waste time on unwelcoming communities or risk being sued. If community opposition is strong enough, and the developer has not yet officially purchased the land, they will be more inclined to walk away. This does happen in communities that stand together and speak up!
The zoning process can take anywhere from weeks to years, depending on the project. It is supposed to be clear and welcoming for public input. However, often times the public is left unaware and/or confused on how to participate. Here is a starter guide on what to expect and how to engage:1) Talk with the Land Owner
A developer may begin the re-zoning process of a property before their company has officially bought the property from the independent land owner. North Carolina property ownership is public record. If you have received notice of a zoning process near you, check your county’s website or visit the Register of Deeds to determine the current owner of the property/parcel. More information on how to access this information can be found on the Secretary of State’s page.
Property owners have a right to sell their property to whomever they wish. However, as a friendly and concerned neighbor, you can try talking to neighboring land owners and ask if they’ve considered other options. Local governments may be interested in purchasing particular properties to designate and maintain it as a public park, thereby enhancing community aesthetics and access to the outdoors. Land conservancies/trusts may also be interested in purchasing properties at market value if they have a certain conservation value.If the land owner chooses to move forward with their sale, you will have to accept their choice and take the conversation to your local government.
2) Ask Questions and Engage your Neighbors
There is power in numbers. If you’re upset about a proposed development, chances are that your neighbors feel the same. Use emails, social media, and door-to-door communication to communicate your concerns with your neighbors, and ask them to speak up with you. Together, you can:
Contact your local planning office. Ask what plans have been submitted for development of the property, how you can view the plan and zoning application, what the next steps are, and when there are opportunities for public input.
If you have questions about the development, your Council Members probably do, too. By raising these specific questions to the Council Members, they will be able to contact the developer and ask for more clarity.
Know the rules and regulations. Check out the environmental protections for North Carolina in the section above.
Additionally, familiarize yourself with your municipality’s Comprehensive Plan and/or Land Use Code. These plans are public and provide a roadmap for growth and development in the community. They may show specific areas of the town as planned for recreation, open space, conservation, commercial or residential.
Local ordinances will also outline parameters that all large developments should follow. This may include certain amounts of usable and open green space in the community (hint: tennis courts and storm water ponds don’t count), amount of tree buffers to be retained, etc. Additionally, there may be planning requirements for flooding events.
If you find that any policies are being violated or that the re-zoning falls outside of the Comprehensive Plan, document that and speak up right away.
Spread the word. Talk to neighbors, elected officials, and local interest groups (i.e. your Home Owner’s Association, local chapters of environmental and/or historical organizations). Share information via social media. Contact your local newspapers and radio shows to see if they’d be interested- for instance, Raleigh’s News & Observer usually shares information about proposed developments in beloved locations like this. Circulate a petition. Consider making yard signs if allowed.
Remember to stick to the facts!
Elected officials are used to frequent complaints, especially around development. You want to share why this particular development is a threat to the greater good of the community. Speak about environmental protections, impacts to clean water and safety, environmental justice, cultural and historical values, school and road capacities, and the Comprehensive Plan. Highlight beneficial alternatives, such as parks.
Attend public meetings.
During the zoning process, most municipalities require the developer to host “Neighborhood Meeting” events for local residents to learn more and ask questions. Eventually, there will be a Public Hearing for the public to officially express concerns and opposition, and then your local council members will vote on whether to approve the rezoning.
Check your mail and your local government’s webpage frequently for Public Hearing and Zoning notices and sign up for alerts.Always attend these meetings, and galvanize as many neighbors as possible to show up with you. If you can, have a neighborhood meeting before hand and prepare your statements. Ask the board/council if you can be added to the agenda or share a presentation. Remember- your tax dollars fund your municipality, and you have a right to ask questions and be involved.
Ask questions, share concerns, and be vocal for those animals, trees and people who cannot speak for themselves. Speak up even if your voice shakes!
Pay attention throughout the entire process. Delays may happen, and particularly contentious zoning applications may try to slide under the radar. It is tedious work to pay attention, but make sure someone is remaining informed at all times.
3) Recruit outside help. In particularly complicated cases, you may wish to enroll legal professionals (see our recommendations below). Additionally, local land trusts and/or governments may be interested in purchasing the property to preserve it for conservation value.
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Below is a non-exhaustive list of land trusts in NC:
- Triangle Land Conservancy (Triangle Area)
- Three Rivers Land Trust (Central NC)
- Blue Ridge Conservancy (Northwest NC)
- Catawba Lands Conservancy (Southern Piedmont)
- Foothills Conservancy (Western NC)
- Eno River Association (Durham and Orange Counties)
- Mainspring Conservation Trust (Southern Blue Ridge)
- Piedmont Land Conservancy (Piedmont Region)
-Tar River Land Conservancy (Tar River Basin)
- NC Coastal Land Trust (Coastal Region)Additionally, you can search for land trusts nearest you using Land Trust Alliance’s search function.
Litigation
As of April 2023, North Carolina is one of only 18 remaining US states that does NOT have anti-SLAPP (Strategic Lawsuits Against Public Participation) Laws. This means that it’s easier for developers/corporations to file meritless lawsuits against concerned citizens for speaking up on public matters. Because of this, it is highly recommended to work with a lawyer for your opposition if you have the means.
If you believe that a proposed development is unlawful and has the potential to cause harm, to the environment and/or local community, you have a right to challenge it. Here are some lawyers who specialize in this kind of work:
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Coming Soon
**The above are suggestions based on the kind of law the firm practices. This should not be taken as an endorsement or guarantee.
For anti-SLAPPsuit guidance, check out the Public Participation Project and the Institute for Free Speech.
If your firm is not listed and you believe it should be, please contact us.
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Poor and marginalized communities often do not have the means to oppose changes in their communities, even when those changes can cause harm. If there is a proposed or underway development that will negatively impact marginalized communities, law and advocacy organizations may be able to help at little to no cost.
Southern Coalition for Social Justice
**The above are suggestions based upon public information. This should not be taken as an endorsement or guarantee.
If your firm is not listed and you believe it should be, please contact us.