Q&A: Hogg Hummock zoning explained

A three-year zoning battle could be nearing an end next week as McIntosh County officials consider a proposed ordinance that would limit house size on Sapelo Island to 1,550 square feet under roof with an additional 400-square-foot porch and a 32-foot height limit.

• Click to go directly to Q&A on ordinance details with Planning & Zoning
  Administrator Bryan Boone

The revised, updated zoning ordinance for Hogg Hummock — one of the last intact communities of the descendants of enslaved West Africans known as the Gullah Geechee – will go to the McIntosh County Zoning Board for a public hearing and recommendation at the Aug. 4, 2026, meeting. The McIntosh County Commission is scheduled to hold its hearing and vote on the matter two days later, on Aug. 6, 2026.

The newly proposed zoning is a far cry from the 2023 ordinance that sparked the long-running controversy. At that time, the commission approved the construction of 3,000-square-foot houses up to 37 feet tall. Longtime residents feared the resulting gentrification and the higher taxes that accompanied it would drive them out of their ancestral homes in favor of wealthy developers.

Since then the small, rural county has spent more than $500,000 on zoning-related litigation. In a January referendum, voters revoked the zoning that allowed 3,000 square foot homes. The county commission has struggled to come up with an acceptable replacement ever since. And as it contemplates that zoning, a moratorium prevents any new building. That moratorium is set to expire Aug. 10 and county officials say they are reluctant to extend it for fear of facing new litigation.

While the proposed zoning hews closely to size restrictions voiced at a series of community meetings, questions about possible loopholes in the wording of the ordinance have arisen in the weeks since the county commission advanced this latest iteration on July 10. To clarify the county’s position, The Current GA posed written questions about the zoning to Building & Zoning Administrator Bryan Boone, who responded via email.

Read the draft zoning here.

Q&A with Bryan Boone, planning & zoning administrator

1. Can we take a step back and outline what this new zoning aims to achieve in Hogg Hummock?

The primary objective of this updated zoning is to preserve the historic scale, character, and community fabric of Hogg Hummock while addressing the pressures of rising property values. The ordinance is designed to close “massing” loopholes that have historically created scenarios that had the potential to lead to oversized residential structures. By enforcing strict form-based constraints—such as capping maximum building height, mandating specific roof pitches, and instituting a non-transferable porch allotment— the ordinance better aligns with the district’s historic preservation mechanisms and protects the historic integrity of the district and prevents the exploitation of vertical volume for multi-story buildings.

2. Please explain how the zoning limits new residences to one story high. For folks who are not builders, can you help us understand what the first-floor top plate is and how attaching it directly to the principal framing matters?

In residential construction, a “top plate” is the horizontal beam that runs along the very top of a framed wall. It acts as the structural anchor point where the roof system (the rafters or trusses) connects to the walls.

The new zoning requires the roof to tie directly into this first-floor top plate and explicitly bans the use of “high-knee walls” (artificially extending the exterior walls higher than the ceiling to create more room upstairs). By legally mandating this direct attachment point, the roof must begin its slope immediately above the first floor. This mechanical constraint physically prevents a builder from raising the roofline to squeeze in a second floor.

3. Are you considering adding the one-story limit explicitly?

The structural requirements—specifically the top-plate attachment and the maximum 6:12 roof pitch—mechanically engineer a single-story home by eliminating the physical space needed for a second floor. Explicitly stating a “one-story limit” in the ordinance text may seem redundant, but more importantly, the goal of this ordinance is to be externally enforceable without requiring an inspection warrant to enter a home. If a loft area were somehow constructed, it would not meet the requirements to be considered habitable or taxable space, thereby preserving the intent to prevent land value inflation. A habitable space above the top plate requires at least 7 feet of ceiling height. Even without a cross-tie, standard trusses would only allow 5 feet of usable span, and the mandatory requirement for a code-compliant staircase makes this scenario practically unfeasible.

4. Under the newly proposed zoning, would it be possible to build a loft or interior balconies to gain more floor space? If not, what prevents that scenario?

No, it would not be possible. If it were attempted, it would require highly creative building strategies that are difficult to anticipate and likely non-compliant with standard building codes. Furthermore, any plans indicating this scenario submitted with an application would likely be denied a Certificate of Appropriateness by the Historic Preservation Commission.

The combination of tying the roof directly to the first-floor top plate and capping the roof pitch at a maximum of 6:12 geometrically restricts the vertical volume beneath the roof. Because the roof slope is shallow and starts immediately above the first floor, there physically is not enough ceiling height created within the attic space to legally or safely install a functional loft or interior balcony that meets minimum building code requirements for habitable space.

5. How does the ordinance control what happens in the elevated space under a house?

To comply with federal mandates, homes in this district must be elevated so that the lowest floor meets the FEMA Base Flood Elevation (BFE). The ordinance and federal National Flood Insurance Program (NFIP) regulations strictly control the enclosed area beneath this elevated living space. Any enclosed space below the BFE is legally restricted and can be used only for parking, building access, and storage. These areas must not be finished or converted into recreational or habitable space, and no mechanical, electrical, or plumbing equipment may be installed below the BFE. To protect the structure during a flood, enclosures must be equipped with flood openings that allow water to automatically enter and exit to equalize hydrostatic pressure, or be constructed with breakaway walls, open lattice, or insect screening that allow water to pass through freely. Converting this lower space into habitable living areas poses severe life-safety concerns and can lead to uninsured losses.

6. Does the ordinance limit usable areas above the roof, like a rooftop patio or a widow’s walk? If so, how?

No, the Zoning Ordinance is not primarily meant to regulate this directly. However, plans indicating this scenario submitted with an application would likely be denied a Certificate of Appropriateness by the Historic Preservation Commission due to historical incompatibility. Additionally, the strict 32-foot maximum height cap practically eliminates the vertical space required to install such features.

7. How does the proposed zoning limit the size and use of accessory buildings?

Accessory buildings are regulated by Impervious Surface regulations, which restrict the total amount of development on a lot. Furthermore, any accessory structure still requires a Certificate of Appropriateness from the Historic Preservation Commission to ensure it remains subordinate to the primary residence in both scale and use.

8. How do the Historic Preservation guidelines for Hogg Hummock interact with zoning to shape what can be built in the historic district? Why is there no reference to the Historic Preservation guidelines in the proposed zoning?

Zoning and Historic Preservation are parallel but distinct regulatory frameworks. Zoning dictates the strict mathematical form, use, and scale of a building — such as maximum heights, setbacks, roof pitches, and square footage limits. Historic Preservation guidelines, which are administered through separate administrative reviews, dictate the aesthetics, architectural appropriateness, and material authenticity. They operate independently so that a structure must first legally fit on the lot via zoning before its historical aesthetic is evaluated, ensuring neither code dilutes the enforcement authority of the other.

9. Please explain how the permitting system now in place (in which applications are made electronically) improves the process over paper-based applications. When was this process updated?

The transition to an electronic permitting system, currently being implemented in 2026, will drastically improve accountability and efficiency. Modern municipal software acts to create an immutable, timestamped public record for every document submitted, prevents physical paperwork from being lost, and streamlines concurrent interdepartmental reviews. For the applicant and the public, it provides total transparency regarding where a permit stands in the approval pipeline at any given moment.

10. How do FEMA base flood elevation requirements interact with the maximum height of 32 feet?

Because modern federal regulations require new structures to be elevated so that the top of the lowest floor meets or exceeds the designated Base Flood Elevation (BFE) plus the required one foot of freeboard, a significant portion of a building’s allowable height must be dedicated simply to getting the living space out of the flood zone. When stacking the necessary structural components on a typical lot with an average natural grade of 5 feet MSL in an AE11 zone, a code-compliant home requires a 28.75-foot stack to accommodate the open foundation, floor system, 11-foot walls, and sloped roof.

The 32-foot maximum acts as a strict but realistic ceiling, providing a deliberate, narrow buffer of approximately 3.25 feet. This specific buffer allows a homeowner to voluntarily over-elevate their lowest floor for flood insurance mitigation, accounts for minor topographic fluctuations, and provides clearance for roofing materials. It provides just enough flexibility for responsible floodplain construction, while remaining too low to allow for a secondary story.

11. Is there a checklist provided to all who inquire or apply to build anywhere in the county? Would it include specifics for the district including historic preservation and other considerations?

Yes, applicants receive a comprehensive permitting checklist. For projects specifically within the Hogg Hummock district, this packet would include the necessary administrative steps for Historic Preservation review prior to construction, ensuring all jurisdictional requirements are clear from the very beginning of the process.