County imposes 30-day moratorium

on building permits in Hog Hammock

Just one day and 17 hours after McIntosh County voters repealed the county’s 2023 amendment to zoning in the historic Gullah-Geechee community of Hog Hammock, the McIntosh County Commission held a Special Called Meeting on Thursday, Jan. 22, to consider declaring a moratorium on building permits in that community.

Commission Chair Kate Karwacki opened the meeting with this statement: “As most everyone here in the room is aware, McIntosh County has been engaged in ongoing litigation stemming from a lawsuit filed in the response of the county’s actions taken in September of 2023 when amendments were adopted to the zoning codes and ordinances governing the Hog Hammock community on Sapelo Island, completing countywide zoning and zoning code and ordinance update countywide. As such, the county remains under pending litigation.

“It should not come as a surprise, but for those of you who may be new to the matter, the county’s position throughout the referendum litigation has been that a successful referendum would result in Hog Hammock being left without zoning. That position has been consistently stated by the county and was detailed at the county briefing before the Georgia Supreme Court.

“The referendum was voted this past Tuesday, January 20, and it was approved by the voters in order to ensure that this board continues to follow all required legal and procedural steps to protect Sapelo Island property owners, to ensure that votes are properly certified and to align the county’s codes and ordinances with the outcome of the referendum.

“We are meeting this morning to discuss and take action regarding the placement of a moratorium where applicable for the Hog Hammock Community,” Karwacki stated.

All County Commissioners were present at the meeting including Chris Jarriel, Roger Lotson, Henderson Hope and Davis Poole.

County Attorney Ad Poppell explained the proposed moratorium would be imposed on the issuance of building permits for the Hog Hammock community for 60 days, beginning immediately after the passing by the board.

Poppell explained, “The purpose as outlined in the proposed resolution is to protect the property owners on Sapelo for it is the private Council’s opinion that in its current form, McIntosh County’s district known as Hog Hammock is without zoning.”

Hope asked how long it would take for a new ordinance to be instated and what was the procedure.

Poppell said it would be a minimum of 60 to 90 days, so that public hearings could be held, and it could take 120 days. He said, “The reason that it’s limited to 60 is the courts have looked at moratoriums in the past and said the shorter the better. You can always extend them, but we’re dealing with people’s private property rights, and when you impose a moratorium, you’re literally clamping down on the rights. So you need to make them as short and as brief as possible.”

He said there would be a minimum of one public hearing and it would have to be advertised 15 days prior to the hearing and no more than 45 days.

Hope stated, “I know there’s three people on this board that [are] ready to put this bed. We’re ready to stop the bleed. This thing needs to be over with for the taxpayers. The county has spent an [exorbitant] amount of money to get through this, and I know that we’re sick of it. We’re tired of it. Put it to bed.”

Lotson added, “And with that being in mind, I would like for us to consider modifying the 60 days to 30 days. It does two things. Mr. Poppell stated that the longer it is, the more likely you run into legal matters. With 30 days, there’s no chance that someone can challenge the moratorium.

“So I recommend that we do 30 days. In all probability, we’re going to end up having to extend it, whether it’s 60 days…to make sure that we give everyone an opportunity to voice their concern and make sure that we do it right. So seeing if we in all probability have to extend it anyway, I recommend it in 30 days [so] that will ensure that we will not have any litigation based upon the number of days that we put a moratorium in place.

“And I want to pause for a second just to more fully explain the whole purpose behind the moratorium. The moratorium is a pause to allow the county to take the necessary steps to make sure that the rights of all the citizens of Sapelo are protected. If we do not put a pause in place, it is theoretically possible that someone will claim that there is no zoning in Sapelo. [They say,]’Therefore, here’s my permit for a 4,000 square foot house’, and that I know that most of the residents of Sapelo do not want, but with this pause in place, aka moratorium, that will prevent that from happening.

“So, it is for the benefit of the citizens of McIntosh and then aligns itself with the vote that was recently cast. However, again, 30 days, there is no possibility of litigation. Sixty days, we possibly can open ourselves up for litigation. And that also was one of the concerns of about private attorneys.”

Jarriel inquired if a motion could be made at the current meeting to start the process for zoning?

Poppell advised the commissioners needed to prepare their proposal before beginning the process. But the process needs to happen very quickly.

Hope said, “Well, I would love to see what the people of Sapelo are proposing. I think if we could get something like that out of them, that opens the door for us to negotiate this thing out.”

Jarriel said, “The public perception is it was supposed to go back to 1,400 square feet, exactly what that old ordinance is. Now we understand what we’ve been told by our legal team. My vote right now [is] we put it right back where it was, and we don’t have to go through the process. How do we as a board figure that out? We’ve talked to multiple people on the other side, and they can’t get it together either. So, I just say, put it right back like it was and be done with this and move on. Still have our meetings that we have to legally do 30 days and abide by.”

Poppell reminded that abiding by the previous zoning was difficult and it was the reason there was the change in the zoning in Hog Hammock in the first place.

Lotson said having the public’s input was critical. “We on the board will need input from the citizens of Sapelo, the ones who are impacted the most, whether or not they are talking about the 1,400 sq. ft. We’ll live with the fact that you cannot monitor and control what happens behind those closed doors at 1,400 square feet, or whether or not you want something else short of 3,000 [sq. ft.]. But without input from the public, primarily the residents of Sapelo, then we’ll be making decisions in the blind and we don’t want to do that.

“The public hearing will allow anyone and everyone an opportunity to speak directly to the Planning and Zoning Board and/or the County Commissioners as to your wishes. And, of course, you can call us individually, email us individually, and let us know as well.

“We need to make sure it’s done legally correct, so that we do not run into a legal issue once it’s done,” Lotson said.

Poppell advised the county’s orderly process in place now for the proposed zoning goes initially through the Planning and Zoning Commission for the public hearing and then it comes with a recommendation to the County Commission.

He said, “If you decide to submit to the Planning and Zoning Board to go back to the 1,400 square feet or whatever it is that you want to do, you submit that to the Planning and Zoning Board. It just makes sense to keep the process as simple as possible and go through the hoops.”

Lotson said, “I summit that based on what Commissioner Jarriel stated, that no later than our next board meeting we should be prepared to have something to discuss to stop this process, because the sooner the better.”

Jarriel said there has been much discussion for the Hog Hammock square footage concerning “under roof” as opposed to “heated.” And, it is difficult to know the square footage if it is not inspected. He suggested the county inspector should be allowed to go inside to make the determination. And, there is an appeal process if the homeowner does not agree.

Lotson said, “I don’t disagree with you. The only thing is I just want to make sure that is what they want. I don’t want to make a decision for them. So, they want to communicate…I need conformation from them as to what they want me do.”

Jarriel questioned what 80% or 75% of the Hog Hammock Gullah-Geechee descendants wanted. “We’re trying to stop this from happening again, so that’s why we’ve been having this conversation.”

Karwacki called for a motion. Hope made the motion to approve the adoption of a moratorium to be amended to be a 30 days instead of 60 days. It was seconded by Lotson and the vote was unanimous by the board.

The board also approved an engagement letter with Harris CPA firm for the preparation of the financial statements for the county. County Manager Shawn Jordan advised this as a stopgap measure as interviews continue to replace the financial director, Amy Hitt, who is going to take the position as Darien’s City Clerk.