Buncombe County’s Board of Adjustment is a quasi-judicial body. Like a jury, board members base their decisions on sworn witness statements and evidence — such as photographs, presentations, posters and studies — presented during the meeting.
Members of the public who wish to speak must apply either to serve as a witness or to have standing. Witnesses are sworn in and can be cross-examined. Anyone can apply to be a witness.
Standing is reserved only for parties who possess evidence that a project will impact them in a negative way distinct from its impacts on the general public. Equivalent to the power of an attorney at trial, standing allows a person to cross-examine witnesses, object to evidence, provide contrary evidence and offer rebuttals.
Members of the public who miss the deadline to submit witness and standing applications can request to comment during the meeting. Any comments made in the live chat of the meeting livestream will not be visible to the public, considered by the board or entered into the case record. They are considered public record, however, and may be shared as a result of public record requests.
It is up to the discretion of the board who gets to serve as a witness, have standing or present a live comment.
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