Hensley v. North Carolina Department of Environment & Natural Resources

*287NEWBY, Justice.

The question before the Court in this case is whether respondent North Carolina Division of Land Resources (“DLR”) properly issued to respondent-intervenor Mountain Air Development Corporation (“Mountain Air”) a variance from the trout waters buffer requirements of N.C.G.S. § 113A-57(1). Because we hold that the variance complied with the statutory restrictions, the decision of the Court of Appeals is reversed.

Mountain Air is the developer and owner of Mountain Air Country Club, a residential community in Burnsville, North Carolina. As part of this development, Mountain Air has…