Nelson BZA to Hold Hearings on ACP Flood Plain Crossings


The Nelson County Board of Zoning Appeals will hold public hearings on the Atlantic Coast Pipeline’s request to obtain variances for 11 floodplain crossings in Nelson County totaling 4.5 miles of floodplain, 3.5 for pipeline and one mile for access roads. Variances are required because, under Nelson’s floodplain ordinance, pipelines qualify as critical facilities whose construction is not normally allowed in floodplain. State law mandates decisions on variance requests within 90 days of the January 16, 2018, application date.

The BZA has retained David Shreve, former Campbell county attorney who has a private practice in Altavista, as legal counsel for the review, and has requested technical assistance from Draper Aden Associates, an engineering, environmental services and surveying firm with offices across the commonwealth and in parts of North Carolina.

The BZA’s next regularly scheduled meeting will be February 5, during which they will meet in closed session with Shreve and Draper Aden to go over application details. The public hearings on the variance applications will be February 12, 2018, 7 p.m.

During their January 16 meeting, the BZA adopted procedures for the public hearing: speakers must sign up to speak during the hearings and will be limited to three minutes unless they are representing a group, in which case they have five minutes to speak. At Shreve’s suggestion, the BZA will take up and make decisions on the 11 floodplain crossing applications individually, thus providing a “clean record” for each application.

The February 12 meeting is currently planned for the General District Courtroom in the Nelson County Courthouse, but because of anticipated large turnout may be moved to a different site. Announcement of meeting site will be included in public notices posted in the Nelson County Times and on the county website. Additionally, the BZA left open the possibility of extending the public hearings a day if there is not adequate time to hear all public comments.

A listing of the requested variances is posted on the BZA portion of the Nelson County Website.