Asheville City Council Adopt Text Amendments to Asheville Flood Protection Ordinances

In her most recent presentation to the City Council, Interim Public Works Directory Amy Deyton shared that neglecting to make these changes would jeopardize Asheville’s good standing with the NFIP and the Community Rating System (CRS). 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,” remarked Deyton. A community that has withdrawn or is suspended from the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 (HUD), Environmental Protection Agency (EPA), and Small Business Administration (SBA);
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 (FHA), Veterans Affairs (VA), and others.
Summary of text 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: 1 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 with the variance process as currently administered 
Floodplain Assistance Support Team 

 

The City of Asheville is committed to supporting our community as we recover from Helene. We understand that navigating the aftermath of a disaster can be stressful and confusing. That’s why we’ve assembled the 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 is here to provide you with personalized assistance if your property has been impacted by flooding. Our staff will work closely with you to understand your situation and help you understand your 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. We will start by reviewing properties that have already submitted permits on hold.

 

The FAST team began their community and building owner communication the week of January 21. Please contact the team by email at fast@ashevillenc.gov.