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- Minimize the extent of floods by preventing obstructions that inhibit water <br />flow and increase flood height and damage. <br />- Prevent and minimize loss of life, injuries, property damage, and other losses <br />in flood hazard areas. <br />- Promote the public health, safety, and welfare of citizens of North Carolina <br />in flood hazard areas. <br />2. The new statute authorizes local governments to adopt a flood hazard prevention <br />ordinance to regulate uses in flood hazard areas and to grant permits for the use of flood <br />hazard areas that are consistent with the requirements of the statute. The statute provides <br />for certain uses within flood hazard areas without a permit consistent with local land <br />use ordinances (NCGS 143- 215.54). <br />3. The statute establishes minimum standards for local ordinances and provides for <br />variances for prohibited uses as follows: <br />(a) A flood hazard prevention ordinance adopted by a county or city pursuant to this <br />Part shall, at a minimum: <br />- Meet the requirements for participation in the National Flood Insurance <br />Program and of this section. <br />- Prohibit new solid waste disposal facilities, hazardous waste management <br />facilities; salvage yards, and chemical storage facilities in the 100 -year <br />floodplain except as noted in section (b) below. <br />- Provide that a structure or tank for chemical or fuel storage incidental to a <br />use that is allowed under this section or to the operation of a water treatment <br />plant or wastewater treatment facility may be located in a 100 -year floodplain <br />only if the structure or tank is either elevated above base flood elevation or <br />designed to be watertight with walls substantially impermeable to the passage <br />of water and with structural components capable of resisting hydrostatic and <br />hydrodynamic loads and the effects of buoyancy. <br />(b) A flood hazard prevention ordinance may include a procedure for granting <br />variances for uses prohibited under G.S. 143- 215.54(c). A county or city shall notify <br />the Secretary (of Crime Control and Public Safety) of its intention to grant a variance <br />at least 30 days prior to granting the variance. A county or city may grant a variance <br />upon finding that all of the following apply: <br />- The use serves a critical need in the community. <br />- No feasible location exists for the location of the use outside the 100 -year <br />floodplain. <br />- The lowest floor of any structure is elevated above the base flood elevation <br />or is designed to be watertight with walls substantially impermeable to the <br />passage of water and with structural components capable of resisting <br />hydrostatic and hydrodynamic loads and the effects of buoyancy. <br />Annex C County Capability Assessment C -4 December 2009 <br />Attachment number 11 <br />F -6 Page 140 <br />