PENDER COUNTY — Pender County Commissioners recently updated the county’s noise ordinance for the second time in the last seven months.
READ MORE: Pender County rewrites noise ordinance, adds fines
At their July 28 meeting, Pender commissioners voted 3-2 in favor of amending the noise ordinance after receiving complaints from residents over the past few months. Most decried the dirtbike noise coming from Salty Acres Adventure Park Airbnb property in Rocky Point.
Commissioners Randy Burton and Brad George were the only commissioners against the ordinance amendments.
“I’m in favor of the neighbors living in peace and I’m in favor of the business owner doing what he wants to do with his own property,” Chair Burton told Port City Daily. “While I supported people getting some relief, the way it was written, I think, was a little too broad.”
Changes to the noise ordinance include the addition of “dirtbikes” under vehicle definitions. Specifically, the ordinance now defines a violation for dirtbikes as noise plainly audible at 70 decibels or more from a neighbor’s property line at all times, introducing a measurable decibel level not previously present.
Commissioners last updated their noise ordinance in December of 2024 to address its previous vagueness and subjectivity. The December amendments introduced explicit definitions for terms like “muffler,” “affected person,” and “affected property,” and outlined more specific prohibitions for certain noises between 11 p.m. and 7 a.m. The goal was to provide clearer standards for both residents and law enforcement.
Julie Walker, owner of an equestrian business next to the Salty Acres property, has been coming before the county since 2023, when she testified at a board of adjustment hearing regarding the ongoing noise from the Airbnb prior owner, District Court Judge Chad Hogston.
In 2023, the Pender County Board of Adjustment unanimously ruled the track was an unauthorized commercial business operating in a residential district. However, since Pender County’s UDO at the time did not explicitly regulate short-term rentals like Airbnbs with such amenities as commercial businesses, the county’s hands were tied in stopping the dirtbike activity.
Chad Nichols purchased the property and moved his family from Colorado to Pender County about a year ago with the intention of starting Salty Acres.
Salty Acres Adventure Park, located off Carl Meeks Road in Rocky Point, is a 60-acre park and Airbnb rental. It offers guests a variety of outdoor activities, including three motocross tracks, a side-by-side track, and multiple trails for dirt bike riding and hiking. The park also features freshwater swimming ponds and provides access to the nearby Cape Fear River via a boat ramp.
Walker expressed to commissioners the noise coming from Salty Acres is “detrimental.” She previously recounted instances where horses on her property, startled by nearby dirtbikes, have caused riders to be bucked off.
“People invest a ton of their time and money into where they live and only to be subjected to who knows next door to you,” Walker said at Monday’s meeting. “There’s people that have farms, there’s people that have countryside homes, million dollar homes, and then next door to them is something that is detrimental.”
Another neighbor, Bill McCabe, said while he enjoys riding dirtbikes, the noise from the property is disruptive.
“I can sit in my house or lay on the couch 2,000 feet away from the edge of this property with the TV on, and hear a dirt bike, multiple dirt bikes,” McCabe stated. “I bought my property out there and retired from the military to just live the rest of my life in peace and quiet. I can’t do that anymore.”
Nichols urged commissioners to reconsider the ordinance amendments. The
Salty Acres owner explained he had received a letter from the county prior to his move that permitted the current use of the property as an Airbnb and dirtbike track.
“We feel like this noise ordinance would be a complete stop, would totally violate our rights, as far as property owners to not allow us to do what we’re doing out there anymore, and stop our small business, which would completely shut off our livelihood,” Nichols said.
Nichols’ attorney, Grady Richardson, also addressed the commissioners. Richardson, who serves as the town attorney for Wrightsville Beach, told commissioners the amendments were “unconstitutional” due to what he described as targeted enforcement against his clients’ business, a breach of a prior zoning determination confirming their activities were permitted.
He further argued the updated ordinance would violate his client’s due process rights, which could lead to an “unconstitutional inverse condemnation.” An inverse condemnation is when a property owner sues the government because their property was effectively taken or made unusable without being paid for.
“If you’re passing this ordinance, as I believe to be the case, targeting my client, you’re breaching your zoning determination,” Richardson said.
County attorney Trey Thurman advised commissioners that Richardson was conflating the zoning ordinance and the noise ordinance. He explained the noise ordinance is what’s called a police power ordinance, which can target specific activities, like noise-producing ones, for regulation.
“As with other police power ordinances, we’d say that simply isn’t the issue now. Any regulation by definition, is a diminution of property rights. You know, if I say you can’t operate a toxic waste dump on your property, that’s a diminution of your property rights, it’s accepted.”
Burton stated he wished Nichols had come before the county at an earlier date rather than the day they decided to vote on the amendments.
“So we could have these conversations and maybe sat down with a group of owners around him to try to come to an amicable resolution,” Burton said.
Commissioner Jimmy Tate said he was considering putting together a subcommittee of Pender County citizens to further discuss and review the ordinance for any potential changes.
During public comment, nine people spoke against the changes to the ordinance including resident Tim Williams.
“It’s a noise problem, not a dirt bike problem, and you tying it to all dirt bikes is just confusing,” Williams said. “Dirt bikes can be street legal. So does that mean if I’m riding out there with a plated dirt bike, it wouldn’t abide me?”
Burton made sure to clarify with interim county manager Meg Blue that the ordinance does not outlaw riding a dirtbike. Instead, the updated ordinance applies if operating that dirt bike creates noise that is plainly audible at 70 decibels or more from a neighbor’s property line at any time of the day.
Commissioner George referenced a similar but separate situation near his home where noise from motorbikes led to neighbor complaints.
“There was nothing we could do,” George explained. “It was private property, so we just dealt with it for years. And how they’re finally fixing it is, they’re building 120 houses on it.”
George said he could not support the amendment due to it “singling out a specific noise.”
“The main complaint that I get is not from motorbikes,” George stated. “The majority is from people who have continuously barking dogs.”
In response, Burton suggested the board could potentially approach Nichols about acquiring the property for a county park. Ultimately, the idea was not discussed further by the board.
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