Salem Chapel Road LCID Landfill Special Use Permit (F-1671)

At a glance

  • What: a request for a special use permit for a land clearing and inert debris (LCID) landfill of over two acres on about 102 acres in agricultural zoning on the west side of Salem Chapel Road, south of West Road, north of Walkertown (case F-1671). The plan showed two fill cells on about 41 acres, a borrow area, a recycling area and screening along the road.
  • Where it stands: denied 4-3 on 2026-08-27 after a quasi-judicial hearing. Per the official minutes, G. Gray Wilson's motion to approve failed 3-4, then Dan Besse's motion that the findings were not proved (narrow lanes unsuitable for large trucks, conflicting testimony on property values, no protection of agricultural land from incompatible development) passed 4-3. The written order finds public health and safety, property values and harmony with the area and Forward 2045 not met.
  • Why it matters: the state ended small notified LCID sites on Jan 1, 2026, and the applicant said the county has only one other permitted LCID (an expansion approved the month before). Neighbors cited narrow tar-and-gravel roads, well water and fire risk.

Log

  • 2026-08-27 - Board of County Commissioners - Hearing under oath. Staff said the planning board found the site plan met the ordinance on June 11. The applicant's engineer, wetlands consultant and appraiser testified (the appraiser's paired-sales study found a median 0% effect on adjoining values); a county attorney briefing set out the four findings. Opponents, including neighbors and a local pastor, testified on road safety, wells, fire and values. A motion to approve failed 3-4; a second motion to deny on findings one, three and four passed 4-3 (from auto-captions).
  • 2026-08-27 - Board of County Commissioners (minutes) - Official record: Kirk Ericson presented for staff (site plan found compliant by the Planning Board on June 11; area plan map shows single family; AG zoning allows LCID by special use permit) and Gordon Watkins explained the four findings and the shifting burden of proof. The petitioner's side (a representative, an engineer and a certified appraiser) said the site is 102 acres; the appraiser said there are 19 LCID sites of 9 to 276 acres, averaging 85. Eleven opponents spoke under oath on traffic and narrow roads, wells without public water, fire suppression, property values and rural character; staff said 20 owners had to be notified and some neighbors said they received nothing. Vote on approval: for Wilson, Gloria D. Whisenhunt, Malishai Woodbury; against Besse, Richard V. Linville, Tonya D. McDaniel, Chris Parker. Vote on the denial findings: the reverse, 4-3, with Besse moving and Linville seconding. The written order describes a 102.6-acre lot with a 31.6-acre primary site, a 9.5-acre secondary site and a 3-acre recycling site, and cites a realtor's testimony of a 30 percent value loss.
  • 2026-08-24 - Board of County Commissioners Briefing - Pre-hearing briefing: Gordon Watkins outlined the quasi-judicial process for Thursday's hearing (from auto-captions).
  • 2026-08-10 - Board of County Commissioners Briefing - Gordon Watkins explained the August 27 hearing is quasi-judicial, will not be pre-briefed, and that commissioners should not discuss landfill matters outside it (from auto-captions).

Sources