News

State senate advances bill killing city's annexation-for-sewer policy

By Bill Moss, Published: May 8, 2025

The N.C. Senate on Wednesday approved a bill that the city calls an “unnecessary and troubling overreach” to “circumvent local control” of Hendersonville city utilities, the latest salvo in the long-running conflict between the Henderson County Board of Commissioners and the City Council over growth on the city’s borders.

“This is not the first attempt by the Board (of Commissioners) to assert control over municipal utility systems through legislative means, and it is deeply concerning that they now seek to do so without negotiating in good faith,” the city said in a letter it sent on May 2 to the Senate committee that took up the bill.

The bill (SB69) is sponsored by state Sen. Tim Moffitt at the request of county commissioners, who adopted an resolution endorsing the change in law last month.

Mayor Barbara Volk and City Manager John Volk appeared before the Senate State and Local Government Committee on Tuesday to speak against the bill. Moffitt praised both city representatives as “very professional and understanding, although they oppose this.”

“On the other hand, there was a unanimous resolution to support the bill” from commissioners, he added.

City Council members and Connet have expressed concern that the Moffitt bill comes as negotiations are ongoing. The senator said he wants those talks to continue and said if the two sides reach an agreement “I’ll go ahead and codify it into law.”

At issue is whether the city can continue to require developments — usually higher density residential or commercial uses — to petition for annexation if they want city sewer service. The city has required annexation for development permits on South Allen Road, Upward Road, Chimney Rock Road and other areas.

City council members were alarmed at the bill’s sprint this week through a key policy panel, the Senate Rules Committee and the full chamber.

“They’re concerned the bill moving may disincentivize (the county) from even negotiating,” Moffitt said. “We’re going to encourage the city and county to work hard” to reach a compromise.

Moffitt also defended the bill’s aim intent to prevent the city from requiring annexation from developers outside the city limits that need public sewer.

“There’s plenty of room for Hendersonville to grow within itself,” he said. “Ever since we repealed involuntary annexation 14 years ago, cities have been able to adjust and grow within their own borders that have been fixed for 14 years.”

In the letter he sent to the State and Local Government Committee, Connet pointed out that the city had made repeated efforts to address concerns raised by the county, including creating a countywide utility advisory committee, adopting a 10-year equalization schedule of inside and outside water rates, offering to create a joint regional utility commission, proposing a “growth boundary” for city expansion and compensating rural fire departments when annexations remove property from the fire district.