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Buncombe County, NC Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Height cap in overlay
35 feet
Overlay triggers
2,500 ft elevation, 35% slope
Min lot size in overlay
1.5 acres if >10% overlay area
Density cap
2 units/buildings per lot
Height measurement
averaged high/low foundation grade
Base district height (no overlay)
35-90 ft by district

Summary

Homes built inside Buncombe County's Steep Slope/High Elevation Overlay District, land above 2,500 feet with a natural slope of 35 percent or more, are capped at 35 feet of building height under Code Sec. 78-644(f)(3). Lots outside the overlay follow the county's base district height table instead.

These county ordinances apply to unincorporated areas of Buncombe County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(f)Development standards.(1)Lot size standards. Any new lot created with greater than ten percent of the area in the Steep Slope/High Elevation Overlay District after the effective date of this section shall be a minimum of 1.5 acres...(2)Density standards. No more than two dwelling units or two principal buildings or structures per lot of record shall be allowed in the Steep Slope/High Elevation Overlay District.(3)Height standards. The maximum building height in the Steep Slope/High Elevation Overlay District shall be 35 feet.(4)Disturbed and impervious standards.a.The maximum gross site area disturbance allowed in the Steep Slope/High Elevation Overlay District for any single lot, excluding disturbance for installation of individual septic systems, shall be: For lots less than 2.0 acres shall be 0.3 acres. For lots 2.0 acres and larger shall be 15 percent.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

Sec. 78-644 establishes the Steep Slope/High Elevation Overlay District to limit development intensity and protect the viewshed on Buncombe County's mountains and hillsides, applying wherever elevation reaches 2,500 feet above sea level and natural slope reaches 35 percent or more, as delineated on the official zoning map. 5 acres for any new lot with more than ten percent of its area inside the overlay, and a density cap of no more than two dwelling units or two principal buildings per lot of record. Building height itself is defined at Sec.

78-581: inside this overlay (and the neighboring Protected Ridge Overlay), height is measured as the average of the vertical distance from the highest ground level at the foundation to the roof's uppermost point and the vertical distance from the lowest ground level at the foundation to that same point, rather than the single highest-point measurement used elsewhere in the county. 0 acres (eight percent on larger lots), and requires downhill-facing walls to be screened with native trees at a ratio tied to the wall's surface area.

Development on slopes over 35 percent, or mapped as high or moderate hazard on the state's Slope Stability Index, additionally requires a geotechnical engineer's report and a global stability analysis before final approval.

Violations & Fines

Building above the 35-foot overlay cap, or disturbing more area than the lot's acreage allows, is a zoning violation under Sec. 78-582. The zoning administrator must serve a written notice of violation before any penalty attaches under Sec. 78-583(a), after which the county can assess a $100.00-per-day civil penalty under Sec. 78-583(d) until the structure or site is brought into compliance, waived if corrected within 30 days. The ruling can be appealed to the board of adjustment under Sec. 78-623.

Frequently Asked Questions

Does Buncombe County limit residential building height everywhere?
Yes, but only inside the Steep Slope/High Elevation Overlay District is height flat-capped at 35 feet. Outside that overlay, height is governed by the base zoning district table at Sec. 78-642, Table 2, which allows 35 feet in the residential districts, 50 feet in Commercial Service and Conference Center/Resort, and 90 feet in the Employment district.
How is building height measured on a steep-slope lot?
Height in the overlay is averaged rather than measured from the single highest point: it is the average of the vertical distance from the highest foundation grade to the roofline and the vertical distance from the lowest foundation grade to the roofline, under the Sec. 78-581 definition of building height for this overlay.
Is there a minimum lot size in the Steep Slope Overlay?
A minimum 1.5-acre lot size applies only when a new lot has more than ten percent of its area inside the Steep Slope/High Elevation Overlay District, under Sec. 78-644(f)(1); that minimum can be reduced through an approved alternative path hillside development or conservation development subdivision.
Are there any exceptions to the county's height limits?
Church spires are exempt from the article's height limitations under Sec. 78-699, and height maximums are further reduced near the Asheville Regional Airport to comply with Federal Aviation Administration regulations, regardless of the district or overlay a structure sits in.

Sources & Official References

Other rules in Buncombe County

All Buncombe County rules

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