LELAND — Several development allowances could soon be curbed in Leland in an effort to reduce flood damage and threats to public safety.
READ MORE: Prohibiting new residences in flood zones? Leland addresses potential ordinance changes
ALSO: New bill casts doubt on local governments’ ability to implement flood ordinance changes
At its agenda review meeting Monday, Leland council instructed staff to begin drafting several amendments that would expand the applicability of its current flood plane development ordinance, increase what’s called the “freeboard requirement,” limit density in flood hazard areas and prohibit the use of fill.
“I don’t think we can continue with kicking the can, especially in an area that is growing so rapidly with…14,000 [units] currently in the pipeline,” council member Bill McHugh said. “I don’t want to wait a year to start making a difference in what we’re doing.”
Council member Veronica Carter asked if the changes would run afoul of a new state law prohibiting municipalities from “downzoning” a property without property owner consent. A downzoning occurs when a parcel’s permitted uses are reduced due to a change in zoning district; Senaste Bill 382 expanded the definition to include making ordinances that would create nonconforming structures.
Planning director Ben Andrea said muncipalities across the state were trying to answer Carter’s question.
Nonetheless, Leland is moving forward with a draft of its changes.
Council’s decision follows a September storm — now considered a 1,000-year rain event — that brought upward of 20 inches of rain in 24 hours to parts of Brunswick and New Hanover counties.
Two months after the storm, staff provided council with different options — the draft ordinances represent four out of five — to reduce flooding risks, most of which would apply to residential building in floodplains.
After hearing more information from staff in a follow-up presentation Monday, Leland officials were ready to move forward with changes, but didn’t think it realistic to go as far as an outright ban.
“It sounds nice to say we’re going to prohibit new residential structures in flood hazard areas, but I hear what our attorney and others are saying about our liability,” Carter said. “But I do agree with [McHugh] that we have to do something.“
McHugh suggested the town do a phased approach by implementing some changes now and coming back later with a ban. There was concern for development projects in the meantime, as they would be allowed now with the understanding of being nonconforming eventually..
Instead, the drafts will include the requirement that a homebuilder construct a home 4 feet above the freeboard, which is the additional elevation required beyond the base flood elevation established by FEMA. It applies to habitable spaces — accessory structures not being lived in and non-residential structures would not have to comply.
Staff said the insurance cost benefits max out at a freeboard of 4 feet.
Leland’s current freeboard requirement is 2 feet, which can be reached, if necessary, by filling the gap with sediment. However, this practice would also be barred in the draft ordinances.
“I’m real big on the no fill because I think the fill creates a separate several sets of obstacles,” Carter said. “You know, it’s one thing that when you fill in your property to create no longer a flood zone — that water doesn’t disappear, it goes to your neighbors.”
If a property owner needs to reach the base flood elevation, open foundations — columns, piers or piles for example — or crawlspaces could be used to maintain the 4 feet above bad elevation.
However, the town has no recertification of the freeboard requirement outside an insurance company’s request for updated elevation. Council indicated it would like to see this provision changed.
Council didn’t offer a specific number for the density limitations it would like to see in floodplains.
“We trust you,” several council members said, prompting staff bring back official language.
On top of the other changes, these regulations will apply to more areas of the town per an expansion of the ordinance to cover construction in a 500-year floodplain. The current ordinance only applies to 100-year flood zones.
The town has around 150 homes that reside in an A or AE flood zone, which FEMA designates as high flood risk with a 1% annual chance of flooding — in other words, a 100-year flood zone. Those properties also have a 26% chance of flooding over 30 years.
If expanded, lots in FEMA’s B/X flood hazard areas would come under the thumb of the flood ordinance, though only new construction would be affected. This includes any developments that are in various stages of approval at the town, which Andrea counted to be 450 lots. Council would need to vote on whether to require their compliance to the new ordinances.
Carter said, though the information was available through FEMA’s website, the town could have an issue with some property owners not knowing they were in a floodplain.
A large part of Monday’s discussion involved explanations of the town’s ordinance on rebuilding homes that may be destroyed by a storm or fire. Town ordinance requires that any home that may be out of compliance with zoning or other regulations — due to being older than the newest updates — to rebuild to the current standards if 50% or more of the property is damaged. This is also required if homes suffer 25% damage in average across a 10-year period due to multiple storm or disaster events.
This means any home halfway damaged by a flood — as determined by a comparison of the home’s market value with estimated costs of repair — would have to rebuild to the new ordinances, if passed.
Mayor Pro Tem Bob Campbell asked if the cost of repair was influenced by inflationary pressures driving up price points. Staff explained the cost estimate remains at the determination made on the initial assessment, meaning if a property owner takes six months to make the repair, they will still need to abide by the initial assessment regardless of price increases or decreases. Property owners have one year to bring their properties up to code after a disaster.
Reach journalist Brenna Flanagan at brenna@localdailymedia.com.
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