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- Prevent and minimize loss of life, injuries, property damage, and other losses in flood <br />hazard areas. <br /> - Promote the public health, safety, and welfare of citizens of North Carolina in flood <br />hazard areas. <br /> <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 hazard <br />areas that are consistent with the requirements of the statute. The statute provides for certain uses <br />within flood hazard areas without a permit consistent with local land <br />use ordinances (NCGS 143-215.54).' <br /> <br /> 3. The statute establishes minimum standards for local ordinances and provides for <br />variances for prohibited uses as follows: <br /> <br /> (a) A flood hazard prevention ordinance adopted by a county or city pursuant to this <br />Part shall, at a minimum: <br /> <br /> - Meet the requirements for participation in the National Flood Insurance Program and of <br />this section. <br /> - Prohibit new solid waste disposal facilities, hazardous waste management facilities, <br />salvage yards, and chemical storage facilities in the 100-year floodplain except as noted in <br />section (b) below. <br /> - Provide that a structure or tank for chemical or fuel storage incidental to a use that is <br />allowed under this section or to the operation of a water treatment plant or wastewater treatment <br />facility may be located in a 100-year floodplain only if the structure or tank is either elevated <br />above base flood elevation or designed to be watertight with walls substantially impermeable to <br />the passage of water and with structural components capable of resisting hydrostatic and <br />hydrodynamic loads and the effects of buoyancy. <br /> <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 the <br />Secretary (of Crime Control and Public Safety) of its intention to grant a variance at least 30 <br />days. prior to granting the variance. A county or city may grant a variance upon finding that all <br />of the following apply: <br /> <br /> The use serves a critical need in the community. <br /> - No feasible location exists for the location of the use outside <br />the 100-year floodplain. <br /> - The lowest floor of any structure is elevated above the base flood elevation or is <br />designed to be watertight with walls substantially impermeable to the passage of water and with <br />structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of <br />buoyancy. <br /> - The use complies with all other applicable laws and regulations. The statute authorizes <br />priority ratings for local government applications for revolving loans or grants based on adoption <br />of a local comprehensive land use plan, a zoning ordinance, or other measure that significantly <br />contributes to the implementation of the comprehensive land use plan and a flood hazard <br />ordinance. <br /> <br />Draft Annex C v.3 C-3 1 June 2002 <br /> <br /> <br />