The Henry County Board of Zoning Appeals (BZA) reversed its previous decision and will now allow Oak Level Raceway to open following a Sept. 10 special called meeting.
The approval came in a 5-0 vote.
During the special called meeting, Planning, Zoning & Inspections Director Lee Clark, A.I.C.P. said additional information was learned by his office that wasn’t known by the applicant, Carl “Bo” Miller, or staff at the time of the original Aug. 27 vote, where the special use permit was denied.
“First, the applicant Mr. Miller, who is not the land’s owner, discovered that a business license has been paid for and issued by Henry County’s Commissioner of Revenue Office for Fork Mountain Raceway each and every year since 2007, even though events and operation of the track ceased at about that time,” he said.
Clark said the stated intent of these renewals was to maintain the option to re-open the racetrack. He also reviewed and verified the county issued business licenses.
“Secondly, an examination of the files from 31.5 years ago revealed that a previous owner was issued a special use permit by this board, in the previous owner’s name, and a business name different from the current business license. This proceeding, from before modern computer systems, was indexed in a way it was not easily found and was unknown to the applicant and staff at the time of the hearing,” he said.
Clark noted the board was now in a position where it had taken two contradictory actions concerning the same matter 31 years apart.
After his staff met with Miller and after consulting with the County’s Attorney George Lyle, Clark said the recommendation is for the board to resolve the matter by issuing a special use permit with conditions to address some of the concerns raised at the Aug. 27 public hearing.
Conditions include race season running from March-October, with planned two races per month, but not to exceed 20 total; all engine noise, PA system, music, etc. to end by 11 p.m. on race days. No more than four exceptions for extenuating circumstances, but in all cases, shall cease by 12 a.m. The applicant is required to have trash/litter picked up along road and properties within one mile of track, following each event, and if necessary, the applicant will have the road washed of dirt/mud for up to one mile in each direction leaving track, after each event. The special use permit will expire in two years of issuance, if not exercised.
Miller said the Raceway will be open for business in March 2026.
“In the meantime, we have some pretty cool things coming up. We’re going to have an event announcement the week after next where we’re going to draw some money in for the Henry County Sheriff’s Department’s Benevolent Officer Fund,” he said.
If the facility’s ready, Miller said Oak Level will also try to host an event for a local therapeutic riding group that provides therapeutic riding to adults and children with intellectual and developmental disabilities in November.
Miller added he’s excited to have racing back at Oak Level and dirt track and short track racing back in Henry County.
“I know a lot of people are looking forward to it and so are we,” he said.
