Black Mountain amendments establish penalties for feeding and attracting bears
Town council adds language to address cohabitation between residents and wildlife
Fred McCormick
The Valley Echo
October 20, 2026
Amendments to the Town of Black Mountain Code of Ordinances, adopted Oct. 12 by the town council, establish penalties for feeding or attracting bears. Photo by Fred McCormick
Amended language in Chapter 6 of the Town of Black Mountain Code of Ordinances, unanimously adopted, Oct. 12, by the town council, classifies the feeding or attraction of wild animals, including bears, as a public nuisance, while declaring the “attracting of animals which threaten the public health, safety and welfare” as a level III violation, punishable by fines, up to $500.
The amendments, which include text drafted by a local BearWise advocacy and advisory group, follow the euthanization, last spring, of five black bears in the town.
Black Mountain Mayor Michael Sobol hosted a public meeting last May, after experiencing unusual bear activity at his home and reports of a nearby incident in which one of the animals entered a residence. The town council reviewed ordinances from nearby municipalities and directed staff to compose similar language for use in the local code. Five members of the BearWise Advisory group, in collaboration with N.C. Wildlife Resource Commission biologist Ashley Hobbs, presented recommendations to the town council in September.
BearWise, a national education program that partners with state biologists to promote responsible cohabitation between humans and bears, provides resources and information to homeowners, businesses, neighborhoods and municipalities. The local advisory group, which worked with planning staff in the town, suggested implementing ordinances in two phases.
The first phase, addressing nuisance feeding through a structured system of fines, was the subject of a public hearing in the October meeting. Town staff presented revisions in two sections of Chapter 6, which regulates interactions with domestic animals and wildlife.
An amendment to section 6-6 of the code, which addresses public nuisance, states: “the keeping, possession, harboring, feeding, or attracting of animals, wild, feral or domesticated, which threaten the public health, safety and welfare of the community in a manner including, but not limited to, attracting the presence of bears or wild animals that creates a danger to humans, wildlife or domestic animals, or causes damage to other properties; provided that nothing herein will be construed to prohibit keeping or maintaining a bird feeder, or from feeding birds, unless said activity constitutes an attractant and unless its cessation is ordered by the animal control officer or a law enforcement officer, pursuant to this chapter.”
The text includes language similar to what is used by the City of Asheville and Buncombe County, according to town planner and zoning administrator Russell Cate. While birdfeeders are explicitly allowed in the ordinance, the activity is not to be conducted in a way that attracts bears, senior administrative assistant Jennifer Tipton told the town council.
Feeding birds in a manner that attracts bears is considered a level I violation.
“So, that would just be if a bear comes, it’s attracted to your bird feeder and law enforcement or animal control says you need to remove the feeder, that’s where this comes in,” Tipton said.
Civil penalties, outlined in section 6-19 of the town code, reflect those enforced by Buncombe County, Tipton added.
Level I violations, according to the Buncombe County Code of Ordinances, are subject to a $50 fine for the first violation; $75 for the second and $100 for the third and subsequent offenses. Level III violations begin with a fine of $100, with a $250 penalty for a second offense and $500 for three or more offenses.
“We would not be the ones actually issuing any violations or fines, that would come from animal control,” Tipton said.
Sobol advocated for more stringent penalties.
“It’s certainly a start, but you certainly can’t win a marathon by crawling,” he said. “I’m not saying you have to fine somebody heavily for the first offense, but you have to have some way to change behavior. We’re not going to change behavior with this.”
Councilmember Ryan Stone called the amendments “a good start.”
“I appreciate the committee and you all looking at this as a nuisance with civil penalties attached to it, because I do think that is a more appropriate resolution, as opposed to a criminal action,” he said.
Charlotte McRaine, a member of the BearWise advisory group, urged the town council to adopt the amended ordinances.
“What we’re asking you to do tonight is to put in place some regulations that affect Black Mountain that do not currently exist,” she said. “The issue is something or nothing.”
Kiersten Hall, who began advocating for BearWise recommendations in 2019, expressed support for the amended language.
“We’ve got to start getting something on our books,” she said.
Councilmember Larry Harris introduced a motion to approve the ordinance, as presented. The town council, with Archie Pertiller, Jr. absent, voted 4-0 in favor of adopting the amendments.