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Home / Courts / Environmental – Administrative – Real Property – Variance – Land-Disturbing Activity – Sedimentation Pollution Control Act (access required)

Environmental – Administrative – Real Property – Variance – Land-Disturbing Activity – Sedimentation Pollution Control Act (access required)

Hensley v. North Carolina Department of Environment & Natural Resources. Both the respondent-developer's proposal and the respondent-agency's variance conditions ensured that erosion and sedimentation were minimal during the period of golf course construction along Banks Creek. Our Court of Appeals held that the project was not "temporary" because of the developer's presumed need to conduct periodic maintenance activity in the creek's buffer zone; however, this reading contradicts the stated purpose of the Sedimentation Pollution Control Act: to encourage continued development.

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