Just the Facts

Floodplain actions likely delayed through 2025

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Amy Kirkpatrick

Local floodplain ordinances under review by Macon County and the Town of Franklin are likely to be shelved for the duration of 2025, due to ongoing studies and updated mapping projects being undertaken by the State of North Carolina and the Federal Emergency Management Agency (FEMA). Changes in the state model would likely pre-empt any other changes that have been proposed by local officials during 2024.

Brian Haines, senior external affairs specialist with the North Carolina Department of Public Safety Division of Emergency Management, confirmed that state authorities are in the process of updating North Carolina’s Model Flood Damage Prevention Ordinance (FDPO).

Haines explained in a written statement that, “The Model Flood Damage Prevention Ordinance is provided as a guide or template for local governments to adopt in meeting/exceeding the National Flood Insurance Program [NFIP] regulations and requirements. Communities are not required to adopt or use the State model and can adopt ordinances that meet or exceed the NFIP minimum standards.”

North Carolina Emergency Management (NCEM) “is not required to provide the Model Ordinance to the General Assembly,” elaborated Haines, “as the model ordinance is not intended to modify existing laws.” He said that the model ordinance is provided directly to communities and [NCEM] will post it to https://flood.nc.gov/ncflood/” when completed. 

Asked if the update was prompted by the effects of Hurricane Helene or other recent natural disasters, Haines wrote, “No. The update process started well before Helene.” 

The North Carolina Floodplain Mapping Program has been working on new flood studies for several counties across the state since October 2024. Preliminary maps for Alleghany, Ashe, Cherokee, Clay, Cleveland, Graham, Jackson, Macon, Polk, Rutherford, Swain, and Watauga counties were issued on Oct. 31. Further data collection will continue in early 2025.

The Hazard Mitigation Section of the NCEM is serving as the lead entity in this process. 

KENNETH McCASKILL with
N.C. Farm Bureau spoke the meeting.

Haines added, “Updates to the model ordinance may reflect feedback/requests received from local jurisdictions or other stakeholders and changes to NFIP policies or guidance. Draft model ordinances must be reviewed and accepted by FEMA Region 4 and NCEM Legal Counsel” before they are finalized and issued.

No timeline for completion has been set as it is unknown how long it will take for the drafters to review comments and add revisions to the ordinance language.

Discussion on ordinance at January planning meeting

Word of the mapping project and ordinance rewrite was already in the air when the Macon County Planning Board met on Jan. 2. The board wound up voting 5-2 to shoot down a revised version of the FDPO in its current formulation, but not before board members embarked on a tense discussion about procedural issues. 

Background

Macon County Board of Commissioner Josh Young proposed making revisions to the Macon County FDPO in March 2024. The revisions would have updated the FDPO on existing state and federal laws, regulations, and forms; but they also would have relaxed the county’s minimal guidelines and allowed property owners to add up to 25% of fill dirt if doing so did not pose an adverse effect on neighboring properties or riverine health. 

Consequently, a large segment of the public vociferously opposed this proposal at planning board and commissioner meetings during the course of 2024. At the urging of then-chairman Gary Shields, a citizen-led Water Quality Advisory Committee (WQAC) formed to lend local expertise to examine the impact that these changes to the FDPO and other ordinances would have on the Little Tennessee River, the local watershed, and public safety. 

At the Jan. 2 meeting, Planning Board member Marty Kimsey raised concern – through a Point of Order (formal objection over a procedure violation) – pertaining to Shields sending the FDPO back for review in September 2024. Kimsey pointed out that it was not completed following proper procedure. 

Board liaison Josh Young, now chair of the Macon County Board of Commissioners, was not present at the Jan. 2 meeting and could not respond to Kimsey’s Point of Order, leaving the decision to Chair Jean Owen. 

CALLIE MOORE with Mountain True spoke at a recent planning board meeting.

Owen explained that the request for review had been sent from the commissioners and that she had carefully rewatched commissioner meetings to verify that the Planning Board should take up this issue, along with the review of Watershed Ordinance, in October 2024. After much debate, Kimsey removed his Point of Order. While Planning Board member Michael Mathis argued that basic changes to update forms and legal references could still be made, the board decided to take an “up or down” vote on the full text of the FDPO. 

Similar to most meetings in 2024, public comments were strongly against making any changes to the FDPO. Dr. Bill McLarney, chair of the WQAC, spoke out against making changes based on the upcoming state variations to the model ordinance. He also reiterated the WQAC’s concerns that had been relayed for the past few months. McLarney and others specifically raised concerns that changes to the FDPO could harm Macon County’s already shrinking farmland and agricultural fields. In the end, MCPB agreed changes should not be made at this time.

Following the meeting, McLarney, speaking for the advisory committee said, “The vote taken by the Planning Board and their recommendation to reject the proposed changes to the existing ordinance are absolutely correct.” 

While the Watershed Ordinance and FDPO were not placed on the commissioners’ meeting agenda for Jan. 14, McLarney suggested a way forward if these issues were to be raised again: “Ideally, Water Quality Advisory Committee, the Watershed Council (which has not met in recent months) the Planning Board, commissioners, and the public could all contribute to watershed management in the future.”

While the public awaits decisions by commissioners and the Town of Franklin on these issues, more in-depth background on floodplain information can be found in a document prepared last November by Adam Lovelady, professor, UNC School of Government, and Steve Garrett, National Flood Insurance Program coordinator for the North Carolina Division of Emergency Management. The clear, concise, 10-page “Frequently Asked Questions about Local Floodplain Regulations in North Carolina” offers explanations of basic authorities, how regulations are set on floodplain development, what to do after a flood, and additional resources for property owners. The downloadable document can be found online by clicking here.

Amy Kirkpatrick is a member of the Macon County Beekeepers Association.