AG 2002 08 19 (Regular) - Laserfiche WebLink

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4. The Floodplain Act also instructed the Environmental Review Commission to study and reports its findings to the 2002 General Assembly on the need to: - Increase the minimum elevation requirements - Increase the authority of the Secretary of Crime Control and Public Safety to enforce the new statute - Increase protection against the potential recurrence of damage to public and private property that resulted from the hurricanes of 1999, and other measures to reduce the likelihood that public assistance will be needed in response to future hurricanes and other storm events. F. Planning. In order to exercise the regulatory powers conferred by the General Statutes, local governments in North Carolina are required to create or designate a planning agency (NCGS 160A-3 87). The planning agency may perform a number of duties, including: make studies of the area; determine objectives; prepare and adopt plans for achieving those objectives; develop and recommend policies, ordinances, and administrative means to implement plans; and perform other related duties (NCGS 160A-361). The importance of the planning powers of local governments is emphasized in NCGS 160A-383, which requires that zoning regulations be made in accordance with a comprehensive plan. While the ordinance itself may provide evidence that zoning is being conducted "in accordance with a plan", the existence of a separate planning document ensures that the government is developing regulations and ordinances that are consistent with the overall goals of the community. G. Subdivision Regulation 1. Subdivision regulations control the division of land into parcels for the purpose of building development or sale. Flood-related subdivision controls typically require that subdividers install adequate drainage facilities, and design water and sewer systems to minimize flood damage and contamination. They prohibit the subdivision of land subject to flooding unless flood hazards are overcome through' filling or other measures and prohibit filling of floodway areas. They require that subdivision plans be approved prior to the sale of land. Subdivision regulations are a more limited tool than zoning and only indirectly affect the type of use made of land or minimum specifications for structures. 2. Broad subdivision control enabling authority for municipalities is granted in NCGS 160-371, and in 153-330 for counties outside of municipalities and municipal extraterritorial areas. Subdivision is defined as all divisions of a tract or parcel of land into two or more lots and all divisions involving a new street. (NCGS 160A-376). The definition of subdivision does not include the division of land into parcels greater than 10 acres where no street right-of-way dedication is invOlved (NCGS 160A-376(2)). 3. The community thus possesses great power (in theory, anyway) to prevent unsuitable development in hazard-prone areas. (NCGS 160A, Art. 8. (Delegation and Exercise of the General Police Powers to Cities and Towns); Art. 19 (Planning); Part 3 (Zoning); and 153A. Art. 6 (Delegation and Exercise of the General Police Power to Counties; Art. 18 (Planning and Regulation of Development); Part 2 (Subdivision Regulation); Part 3 (Zoning). Draft Annex C v.3 C-4 1 June 2002