ASHEVILLE - As locals decry the impending closure of French Broad Outfitters riverside tubing, boating and bar operation at Hominy Creek, the result of a recently rediscovered 2006 conservation easement, Buncombe County says, legally, its hands are tied.
"I know this is really sad news about French Broad Outfitters. The long and short of it is that as this conservation easement stipulates, commercial and civic-cultural use are not allowed," county spokesperson Lillian Govus told the Citizen Times July 17. "The conservation easement is legally binding, so there's not wiggle room to make adjustments or negotiations."
About half a dozen people spoke at the July 16 Buncombe County Commission meeting to oppose the closure of FBO's Hominy Creek location — calling it a "paradise," a "cherished hub" and a greenway "destination." Since July 1, a Change.org petition urging the spot be saved has garnered over 2,000 signatures.
What's in the easement?
The easement was intended to protect the river from uses that might pollute it or deter public access on 12 acres. But it also forbids French Broad Outfitters' 8-year-old operation, which takes up part of that area in question. Signed by the county, which owns the land, and RiverLink, a nonprofit holder of the easement, the agreement bans "commercial activities," except a now-closed sand dredging operation that predates the easement.
The easement apparently went unnoticed for years, said FBO co-owner Brennan Splain. After he was notified, Splain said he appealed to everyone he could think of to find a solution. Oct. 15 is anticipated to be their last day.
“I’ve gotten word over and over from the county and RiverLink that there’s nothing that can be done,” he told the Citizen Times July 18.
RiverLink's monitoring report discovered the violation and brought it to the county's attention, Govus said. "We worked with the RiverLink and FBO to get it back in compliance, and as you can see in the agreement, compliance equates to no commercial use."
The Hominy Creek riverside bar area, licensed from the county, occupies about an acre on the small peninsula, at the sandy confluence of Hominy Creek and the French Broad River. FBO has its main shop site to the north at 704 Riverside Drive, across the river from Richmond Hill.
The Hominy site is the put-in or take-out for almost all FBO float and paddle trips. In 2023, Splain said they had about 12,000 launches during their six-month season. It's a favorite spot for music, picnics, dog hang-outs and drinks at the recycled shipping container bar.
As the Citizen Times has reported previously, per the easement, the "commercial activities" clause does not forbid commercial rafting and tubing companies from using the public parking area or river put-in that is part of the county's Hominy Creek River Park next to the FBO property. Govus confirmed the "positive news" is that the easement area "will still be used for the public good as a park."
The parking area and put-in at the park are often jammed with residents launching boats, paddle boards and tubes, as well as businesses dropping off groups of tourists.
Splain said though the beloved bar would be prohibited, they will continue to use the put-in, meaning bigger crowds and pressure for the county to make adjustments to the park.
Now what?
Though the message from the county and RiverLink has not changed, Splain said, "I’m still hopeful that something could happen, that the county would react to the voices of citizens and find a solution in some way.”
He's been advised to contact the Land Trust Alliance, and he and others have tried to pursue legal solutions, but Splain said, "Ultimately, in my opinion, the county would … have to first want to make the change, and thus far, they’ve indicated that there’s no desire on their part to pursue it."
He does have a backup location in mind, and anticipates the boat business will "continue to be able to operate pretty efficiently, but as far as a bar location, I'm not sure that would continue at the potential new spot."
He declined to talk about where a new location might be.
Buncombe County Commission Chair Brownie Neman told the Citizen Times July 18 that he is sympathetic to frustrations about the closure, but the challenge of the easement language remains.
“At this time, I don’t see a way around that legal prohibition. I’ve expressed that concern to some of the citizens who have showed up in support of French Broad Outfitters to see if they may have ideas for how some kind of activity like this can continue in the context of this legal requirement that prohibits commercial activities," Newman said.
“I haven’t heard a really compelling answer to that yet, but maybe someone has some ideas they could bring forward.”
The original easement fell under a prior administration, Govus said.
"Of course we were interested in trying to find ways to accommodate French Broad Outfitters, but ultimately there was no legal pathway since this easement stands in perpetuity," she said.
Sarah Honosky is the city government reporter for the Asheville Citizen Times, part of the USA TODAY Network. News Tips? Email shonosky@citizentimes.com or message on X, formerly Twitter, at @slhonosky. Please support local, daily journalism with a subscription to the Citizen Times.
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