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On a 4-2 vote, the Manteo Board of Commissioners turned down a text amendment to add craft brewery as a special use in the B-2 General Business District.

Voting against the text amendment were commissioners Hannah Forslund, Betty Selby, Ruth Stetson and Eddie Mann. Voting for the text amendment were commissioners Tod Clissold and Michael Basnight.

On Dec. 11, 2024, Garick Kalna filed an application for text amendment to add “craft brewery” to Manteo’s B-2 General Business District, which is the largest zoning district in the incorporated town. Kalna opened 1718 Brewing Ocracoke in 2017. The 1718 board says “Creating a broad spectrum of constantly evolving, extraordinary beer, using the finest ingredients. Keep’n it simple yet spectacular.”

Kalna wants to bring his brewing operation to the Town of Manteo, specifically on the now-vacant Weeping Radish property along U.S. 64/264. The property has historical significance. It is the original Weeping Radish home, which was North Carolina’s first microbrewery that served customers directly. The property has 1.91 acres bordering the highway and 2.73 acres of marsh.

At the Board of Commissioners meeting Feb. 12, 2025, the agenda called for public comment before the board considered the text amendment. Five people spoke in favor of the brewery amendment. No one spoke against it.

The formal hearing on the text amendment opened with Manteo town manager Melissa Dickerson providing background information.

As required, the text amendment application was reviewed by the town’s Planning and Zoning Committee. That group recommended approval of the application and noted that the town should pursue a pretreatment program if the board approved the application, said Dickerson.

Dickerson said a special use permit would apply to the craft brewery. She said and staff wrote in its report that the “use of the brewery is directly related to the Town’s Wastewater Treatment Plant Permit.”

She said a brewery is classified as industrial use because of the likelihood pollutants will be discharged.

She said the town does not have a pretreatment program, and to put one together would require hiring an engineer to create the program.

The conclusion of the staff report says “staff recommended denial of the zoning text amendment due to the absence of an approved pretreatment program. Further, this text amendment does not support the land use plan policy that states, ‘regulate growth so that public services capacities are not exceeded.’”

Kill Devil Hills attorney Crouse Gray, representing applicant Kalna, stood at the podium and said this is the beginning of the process. The first step is asking for the text amendment. If approved, the second step would be asking for the special use permit, which sets restrictions.

Kalna began his presentation by introducing 1718 Brewing and his family’s desire to move to Manteo.

He cited the recommendation from staff not to approve the text amendment and listed four points to rebut that recommendation:

– Manteo will not be required to follow an Environment Protection Agency rule to set up a publicly owned pretreatment plant and will not have a need to hire additional staff. The rule cited in the staff report applies to wastewater treatment plants with the capacity of 5 million gallons per day. Manteo’s plant produces 600,000 gallons.

– The brewery’s wastewater is not toxic or dangerous. Kalna called this a misconception.

– The scale of 1718 will have a minimum impact on Manteo’s wastewater plant.

– Limits can be set using a simple study.

As to the pretreatment, Kalna told the commissioners that for seven years, 1718 staff have “operated our own pretreatment plant. It’s no big deal. We’ve been doing it.”

The operation does “side streaming” of solid waste made from yeast, hops, sugar water and grain. It does not “go down the drain,” said Kalna.

What does go down the drain are biochemical and biological oxygen demand (BOD), some total suspended solids and varying PH.

The design capacity of Manteo’s wastewater treatment plant for BOD is 1,500 pounds. In July of the second year of operation, Kalna estimates the brewery will generate 24 pounds. As for total suspended solids, the brewery is expected to generate three pounds.

Kalna said that in the second year of operation in July, the brewery will generate 1.6% of design capacity or 2% of the remaining capacity. Kalna’s projections indicate that he will be producing 3,500 barrels by year five.

Questions were asked. The hearing was closed. Brief discussion ensued.

Clissold made the motion and Basnight seconded to “allow craft brewery in the B-2 district under a special use permit.”

After that vote, another vote was taken. The second motion added to the original motion that the proposal was “inconsistent with the Land Use Plan.” The vote was flipped with those opposed voting in the affirmative.

Stetson signaled her position in discussion. “If we are shown to be bad stewards, the Local Government Commission can come and take us over.”

Stetson was also concerned about outstanding uses that are or may be coming on board: the Dare County Early College and teacher housing.

The state’s Division of Water Resources has an 80/90 rule. “When the average flow of any calendar year is above 80 % of the permitted hydraulic capacity of the treatment system, the permittee must complete ‘an approvable engineering evaluation of its treatment needs.’ This report must address either the expansion of the treatment system, the elimination of extraneous flow or reduction of flow by water conservation. Prior to exceeding 90% the permittee must obtain all permits needed for expansion of the treatment system and submit plans and specifications for the expansion.”

Manteo is currently using between 54% and 56% of its wastewater treatment plant.

Eddie Mann explained his vote this way: “it’s a scary time because of the state legislature.” Legislation enacted last session prohibits downzoning.

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