ASHEVILLE, N.C. (828newsNOW) — The Asheville City Council has approved amendments to the city’s flood protection ordinance, updating regulations aimed at improving resilience against flooding. These changes could include stricter building codes in flood-prone areas, enhanced stormwater management requirements or updated mapping of flood zones.

On Tuesday, Jan. 28, the council voted to adopt text amendments to Chapter 7 of the Asheville Code of Ordinances to clear up ambiguity in floodplain regulations within city limits and ensure compliance with state law and National Flood Insurance Program regulations. The changes also clarified development language to better support the permitting process and simplify the city code, a news release from the city said.

Interim Public Works Director Amy Deyton told council members neglecting to make the changes would jeopardize Asheville’s good standing with the NFIP and the Community Rating System. The CRS is a voluntary incentive program that provides discounted premium rates for all city residents requiring flood insurance.

“The longer the city’s ordinances are not clearly aligned with NFIP requirements, the more risk we place on flood insurance policyholders and their eligibility for flood assistance and flood insurance, as well as our eligibility for public assistance,” Deyton said.

SEE THE PRESENTATION HERE

A community that has withdrawn or been suspended from the NFIP faces the following sanctions:

  • No resident will be able to purchase federally backed flood insurance.
  • Existing flood insurance policies will not be renewed.
  • No federal grants or loans for development may be made in identified flood hazard areas under programs administered by federal agencies such as Housing and Urban Development, Environmental Protection Agency and Small Business Administration.
  • No federal disaster assistance may be provided to repair insurable buildings located in identified flood hazard areas for damage caused by a flood.
  • No federal mortgage insurance or loan guarantees may be provided in identified flood hazard areas. This includes policies written by Federal Housing Administration Veterans Affairs (VA) and others.

Summary of amendments

The adopted amendments clarify inconsistencies in Chapter 7, Sec. 7-12-1. Flood Damage Prevention, related to three main topics:

  • Elevation requirements for rebuilding: Clarifies a requirement to elevate structures 2 feet above base flood elevation, ensuring compliance with NC building code and the State’s building code and recommendations from FEMA and NC Floodplain Mapping Program. Supports the public and private sector ability to receive federal grants and assistance via the NFIP
  • Lookback period for calculating substantial damage:  Refers to the timeframe used to consider previous repairs or improvements made to a structure when determining if the cost of recent damage exceeds a certain percentage of its market value, thus classifying it as “substantial damage.” Clarifies that the lookback period for calculating substantial damage will remain as currently administered — one year.
  • Process for historic structures exemption:  Clarifies that properties with historic designation may be exempted from the elevation requirements by obtaining a variance through a quasi-judicial review process. Keeps the variance process as currently administered

Floodplain Assistance Support Team

The city of Asheville has assembled a Floodplain Assistance Support Team (FAST) to provide focused support for property owners in the coming weeks and months as they look to rebuild.

The FAST team can provide residents with personalized assistance if their property has been impacted by flooding. Staff will help people understand their options as they relate to regulations for rebuilding in the floodplain.

The FAST team will be reaching out to property owners who may have experienced substantial damage from Helene.

Contact the FAST team by email at fast@ashevillenc.gov.

Tropical Storm Helene damage, according to city documents:

  • There were 824 buildings surveyed in the regulated floodplain.
  • Of the buildings surveyed, 448 were commercial and 230 of them were substantially damaged or destroyed
  • Of the buildings surveyed, 376 were residential buildings and 45 of those were substantially damaged or destroyed

Watch a recording of the council meeting on the City of Asheville YouTube channel.