Building Site Stability

How Slope of your land effects your mountain cabin

Over three quarters of the land in western North Carolina and North Georgia has a slope excess of 30 percent. The financial and environmental cost of building on such steep terrain are substantial and significant. Building site preparation and access are complicated by shallow bedrock, high erosion rates, soils that are subject to sliding, and the lack of adequate sites for septic systems. Conventional septic systems are difficult to construct on slopes greater than 30 percent and often function poorly in these situations.

Most of the steeply sloping land in the region is located at the higher elevations. Since snowfall is greater and snow melt slower at these elevations, access to the house during the winter may be difficult at best.

Many homes in western North Carolina and North Georgia are built on steep mountain slopes. Building on these slopes requires careful planning and construction to minimize unacceptable or undesirable changes in your land. One solution is to choose a multi-level house that follows the contours of the mountain. This type building can be constructed to lessen the need for land leveling. Building your house on pilings can also protect the natural contour of your land and help minimize the cost of site preparation.

In many cases, some amount of leveling is necessary to prepare the house site for construction and to build an access road. On steep slopes, leveling involves a process called "cut and Fill" whereby rock and soil are "cut" from higher slopes and used to "fill" in the land below. It is important to stabilize both the cut and the fill banks in order to control erosion and slippage of the site. Slopes of cuts and fills should ideally not exceed 30 percent, depending on the type of rock and soil that is present. In other words, the cut bank and fill bank should rise or fall no more than 30 vertical feet for every 100 feet of horizontal length.

The local Soil and Water Conservation District can assist you in evaluating your land for site stability and in developing plans to protect it. With regard to graded slopes and vegetation, the North Carolina Sedimentation Pollution Control Act of 1973 states the following: "The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion-control devices or structures. In any event, slopes left exposed will within 15 working days or 30 calendar days of completion of any phase of grading, whichever period is shorter, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion." Therefore, vegetation should be established on exposed land as soon as possible.

Another important aspect of the NC Sedimentation Pollution Control Act is that the person "financially responsible" for clearing the land is the person responsible for complying with the law. This means that if you are the homeowner paying a developer to clear your land, you, the homeowner, are responsible for complying with the law. this law pertains to any size development - even less than one acre. For more information on this law, contact the NC Division of Land resources at 828-251-6208. If possible please use a variety of native vegetation in landscaping your property.

Realtors,

Being a realtor myself, I know the legal obligations we have to adhere to every day. One misstep (or false accusation) can put us in the middle of litigation. Threatening our livelihood and family.

Are you protecting your assets? In this sue happy world you better be. Let a local representative help. Someone who will be there if you have a question and give you the service and protection you deserve. See below how you can have (protection, security, empowerment and) peace of mind for your business and your family. Then call Gary Ward 828-508-0803 or Susan Ward 828-508-0812 or sign up online at Pre Paid Legal Servces .

As a home buyer you should put as much thought into choosing your real estate agent as choosing your home. It is so easy to get caught up in the excitement of buying a new home especially if you are not aware of how the game is played.

Resourceful consumers know that they should interview agents to see how they will perform for them and to switch agents if they are disappointed in an agents performance. How your needs will be met should be based on the variety of services the agent offers, the different skill levels and training he or she has, and the company policies of the firm they work for. Be careful, however, as some realtors may sound good but only show you their listings, or not disclose known things about a piece of property.

You may end up with someone who hasn't had much experience, if you met the agent at an Open House or called the Listing Agent about a particular house. It is not uncommon for new agents or part-timers to conduct Open Houses and do "up-time" answering the phones at the real estate offices, not that an experienced agent does not do these things from time to time, but it is not enough to just take up with the first agent you meet without first seeing if they are knowledgeable of the area, the laws, and your interest. If they are the listing agent, unless specifically disclosed otherwise, they represent the seller in any transaction for the sale of a home. It is that Agent's fiduciary duty to protect the seller's position at all times. No matter what they tell you their loyalty will lie with their selling clients. Listing Agents are, not focusing on buyers' needs, you may end up with an agent who will do a better job selling your house when the time comes rather than serving your needs and wants now as a home buyer. A buyer's agent is a better choice.

If you have found a particular house but want a different agent you may have to deal with something called "procuring cause" which offers guidelines regarding who should get credit for the sale and consequently, payment. That is why we say an ounce of prevention is worth a pound of cure: Choose your real estate agent before you choose your house. It's not good to see a home with one broker and then bring another broker to the same house for the second showing a month later. Such practices could end up in a long bitter process between agents, slowing down your closing process and perhaps even chancing the lost of your dream home to another buyer.

Treat your agent with the same respect you expect from them, tell them up front if you have worked with another agent in the area, what homes they have shown you and why you choose to seek out a different agent. A good buyer's agent armed with your expectations will transcend into a great buying experience for you and your family and what a difference that will make in the enjoyment of your new mountain home!