Mud bogging business approved for Banks County

The BOC approved a rezoning request Tuesday, June 24, that will allow Sloppy Joe’s Mud Bogging to open in the county. The first day of business will be Saturday.

Michael and Linda Cline filed a request for a conditional use permit to operate a recreational mud track on their 38-acre tract on Browns Bridge Road. The property is currently zoned CAD.

BOC chairman Gene Hart recused himself from the vote on this issue. Commissioners Rickey Cain and Joe Barefoot voted in favor of the request.

Cline spoke to the commissioners during the public hearing and said he would continue to keep livestock on the property and operate the mud bogging facility as well. Cline said the vehicles would be cleaned before they leave the facility. This is done to help keep the mud out of the road.

Cline said the personal vehicles that attend the events would not be near the bogging site.

Police, fire and EMTs will be on hand for the events at the site, Cline said.

The plan for the facility is to be open only on Saturdays and Sundays with no events starting prior to noon on Sundays.

Several residents of the area spoke in opposition to the request during the public hearing portion of the meeting.
Joe Peyton, Beaver Creek Drive, said he lives in a blind curve and he is concerned with the narrow two-lane road. Peyton was also concerned with the noise and the issue of people being on the premises consuming alcohol. Peyton said Madison County currently has one of these facilities that draws 500 people per day in attendance.

Peyton said, “Kline has already come in and dammed up the creek. He goes by the old adage, it is better to ask for forgiveness than to ask permission.”

Winship Reece, Hwy. 326, said, “It has the potential to be a nuisance.”

Reece said he had lived on land adjacent to a bogging hole in the past and that it was really loud.

“Mr. Cline bought this land in 2001 and he knew the land was zoned CAD,” Reece said. “A bogging hole nor anything close to it is listed as a conditional use.”

John Bryan, Beaver Creek Drive, said his property was trespassed on when Cline was building a dam across the creek.

“I asked Mr. Cline to remove the dam and he agreed to do this,” Bryan said. “I say that dam is illegal because he was trespassing on my land.”

Bryan said he is also concerned with alcohol being consumed on the property and with people driving on the roads while under the influence.

“It is hard to see when you are entering Brown Bridge Road and people could get hit pulling out into the road.” Bryan said, “I don’t think any of ya’ll want this in your backyard and we sure don’t.”

Sid Major, Sheila Mullins and James Mitchell, all residents of Beaver Creek Drive, voiced their opposition to the facility as well.

Rick Bennett, Beaver Creek Drive, asked the commissioners to “please don’t take away my dream house.” Bennett said he could sit at his house and see wildlife going through his yard on any given day. Bennett said this was his dream house, however, he is concerned with having to sell the house due to his job location in Gainesville.

Banks County Planning Officer Keith Covington said he has been out to the property and he contacted the RCS about the dam and was told there were no problems with the dam because Cline was letting the water run back into the creek when the pond fills up.

“A conditional use permit is not a conditional use,” Covington said. “This does have a review period and it has different requirements. This is not a rezoning. This is a conditional use permit and this is a rarity in Banks County.”

Banks County Administrative Assistant Angela Sheppard presented the staffs recommendation on the application. Sheppard said the conditions that needed to be added are: 1) all vehicles on the site will be rinsed off prior to entering the roadway; 2) all vehicles that participate in the mud bogging event will be pressure washed prior to entering the roadway; 3) the water from the mud bogging operation should be controlled so no water runs off into the roadway, onto adjacent property or into the creek; 4) hours of operation should be 9 a.m. to 8 p.m.; 5) a 25-foot buffer should be placed along the creek; 6) a 150-foot buffer should be placed along the road; and 7) the water will be provided by private wells.

Commissioner Rickey Cain made the motion to approve the conditional use with the above conditions and commissioner Joe Barefoot said, “I will reluctantly second this motion.”