Article 9 - Flood Damage Prevention_Updated_05-03-2021Unified Development Ordinance | New Hanover County, NC 9-1
Article 9: Flood Damage Prevention
Section 9.1. Statutory Authorization
The Legislature of the state of North Carolina has in Part 6, Article 21 of Chapter 143; Article 6
of Chapter 153A; Article 8 of Chapter 160A; and Articles 7, 9, and 11 of Chapter 160D,
N.C.G.S., delegated to local governmental units the authority to adopt regulations designed to
promote the public health, safety, and general welfare. Therefore, the Board of Commissioners
of New Hanover County, North Carolina, does ordain as follows: [05-03-2021]
Section 9.2. Findings of Fact
9.2.1. The flood prone areas within the unincorporated County are subject to periodic
inundation which results in loss of life, property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures of flood
protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare.
9.2.2. These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities and by the occupancy in flood prone
areas of uses vulnerable to floods or other hazards.
Section 9.3. Purpose
It is the purpose of this article to promote public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions within flood prone areas by provisions
designed to:
9.3.1. Restrict or prohibit uses that are dangerous to health, safety, and property due to water
or erosion hazards, or that result in damaging increases in erosion, flood heights, or
velocities;
9.3.2. Require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
9.3.3. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
9.3.4. Control filling, grading, dredging, and all other development that may increase erosion or
flood damage; and
9.3.5. Prevent or regulate the construction of flood barriers that will unnaturally divert flood
waters or which may increase flood hazards to other lands.
9-2 New Hanover County, NC | Unified Development Ordinance
Section 9.4. Objectives
The objectives of this article are to:
9.4.1. Protect human life, safety, and health;
9.4.2. Minimize expenditure of public money for costly flood control projects;
9.4.3. Minimize the need for rescue and relief efforts associated with flooding that are generally
undertaken at the expense of the general public;
9.4.4. Minimize prolonged business losses and interruptions;
9.4.5. Minimize damage to public facilities and utilities (i.e. water and gas mains, electric,
telephone, cable and sewer lines, streets, and bridges) that are located in flood
prone areas;
9.4.6. Minimize damage to private and public property due to flooding;
9.4.7. Make flood insurance available to the community through the National Flood Insurance
Program;
9.4.8. Maintain the natural and beneficial functions of floodplains;
9.4.9. Help maintain a stable tax base by providing for the sound use and development of flood
prone areas; and
9.4.10. Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
Section 9.5. Definitions
Unless specifically defined below, words or phrases used in this article shall be interpreted so
as to give them the meaning they have in common usage and to give this article it’s most
reasonable application.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE)
A structure located on the same parcel of property as the principal structure and the use of
which is incidental to the use of the principal structure. Garages, carports and storage sheds
are common accessory structures. Pole barns, hay sheds and the like qualify as accessory
structures on farms, and may or may not be located on the same parcel as the farm dwelling or
shop building.
ADDITION (TO AN EXISTING BUILDING)
An extension or increase in the floor area or height of a building or structure.
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel alignment, channelization, or
change in cross-sectional area of the channel or the channel capacity, or any other form of
modification which may alter, impede, retard or change the direction and/or velocity of the
riverine flow of water during conditions of the base flood.
APPEAL
A request for a review of the Floodplain Administrator's interpretation of any provision of this
article.
Unified Development Ordinance | New Hanover County, NC 9-3
AREA OF SHALLOW FLOODING
A designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with base
flood depths determined to be from one to three feet. These areas are located where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD.
See “Special Flood Hazard Area (SFHA)”.
BASE FLOOD
The flood having a one percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
A determination of the water surface elevations of the base flood as published in the Flood
Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may
be obtained from engineering studies available from a federal, state, or other source using
FEMA approved engineering methodologies. This elevation, when combined with the
Freeboard, establishes the Regulatory Flood Protection Elevation.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment charged with the responsibility of hearing and
deciding appeals and requests for variance from the requirements of this article.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design
and construction to collapse under specific lateral loading forces without causing damage to the
elevated portion of the building of the supporting foundation system.
BUILDING
See “Structure”.
CHEMICAL STORAGE FACILITY
A building, portion of a building, or exterior area adjacent to a building used for the storage of
any chemical or chemically reactive products.
COASTAL AREA MANAGEMENT ACT (CAMA)
North Carolina’s Coastal Area Management Act. This act, along with the Dredge and Fill Law
and the Federal Coastal Zone Management Act, is managed through the North Carolina
Department of Environmental Quality’s (NCDEQ’s) Division of Coastal Management (DCM).
COASTAL A ZONE (CAZ)
An area within a special flood hazard area, landward of a V zone or landward of an open coast
without mapped V zones; in a Coastal A Zone, the principal source of flooding must be
astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base
flood conditions, the potential for wave heights shall be greater than or equal to 1.5 feet. Coastal
A Zones are not normally designated on FIRMs. (see Limit of Moderate Wave Action (LiMWA))
COASTAL BARRIER RESOURCES SYSTEM (CBRS)
The undeveloped portions of coastal barrier islands and adjoining areas established by the
Coastal Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of
1990, and subsequent revisions, and includes areas owned by federal or state governments or
private conservation organizations identified as Otherwise Protected Areas (OPA).
9-4 New Hanover County, NC | Unified Development Ordinance
COASTAL HIGH HAZARD AREA
A Special Flood Hazard Area extending from offshore to the inland limit of a primary frontal
dune along an open coast and any other area subject to high velocity wave action from storms
or seismic sources. The area is designated on a FIRM, or other adopted flood map as
determined in this article, as Zone VE.
COUNTY
New Hanover County, North Carolina, a political subdivision of the state of North Carolina.
DESIGN FLOOD:
See “Regulatory Flood Protection Elevation.”
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
DEVELOPMENT ACTIVITY
Any activity defined as development which will necessitate a floodplain development permit.
This includes buildings, structures, and non-structural items, including (but not limited to) fill,
bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The digital official map of a community, issued by the Federal Emergency Management Agency
(FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable
to the community are delineated.
DISPOSAL
As defined in Section 130A-290(a)(6), N.C.G.S., the discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste
or any constituent part of the solid waste may enter the environment or be emitted into the air or
discharged into any waters, including groundwaters.
ELEVATED BUILDING
A non-basement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT
The advance or infringement of uses, fill, excavation, buildings, structures or development into a
special flood hazard area, which may impede or alter the flow capacity of a floodplain.
EXISTING BUILDING AND EXISTING STRUCTURE
Any building and/or structure for which the “start of construction” commenced before April 3,
1978.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the initial effective date of the floodplain management
regulations adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
The preparation of additional sites by the construction of facilities for serving the lot on which the
manufactured homes are to be affixed (including the installation of utilities, either final site
grading or pouring of concrete pads, or the construction of streets).
Unified Development Ordinance | New Hanover County, NC 9-5
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas
from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas
and the floodways are delineated. This official map is a supplement to and shall be used in
conjunction with the Flood Insurance Rate Map (FIRM).
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the FEMA, where the boundaries of the Special Flood
Hazard Areas have been defined as Zone A.
FLOOD INSURANCE
The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, issued by the FEMA, on which both the Special Flood Hazard
Areas and the risk premium zones applicable to the community are delineated. (see also
DFIRM)
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation, and determination of flood hazards, corresponding water surface
elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued
by the FEMA. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs)
and Flood Boundary and Floodway Maps (FBFMs), if published.
FLOOD PRONE AREA
See “Floodplain”
FLOOD ZONE
A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map
that reflects the severity or type of flooding in the area.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source.
FLOODPLAIN ADMINISTRATOR
The individual appointed to administer and enforce this article. The Floodplain Administrator is
Planning Director.
FLOODPLAIN DEVELOPMENT PERMIT
Any type of permit that is required by this article, prior to the commencement of any
development activity.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural resources in the floodplain,
including, but not limited to, emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
9-6 New Hanover County, NC | Unified Development Ordinance
FLOODPLAIN MANAGEMENT REGULATIONS
This article, this LDC, building codes, health regulations, special purpose ordinances, and other
applications of police power. This term describes federal, state, or local regulations, in any
combination, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water and
sanitation facilities, structures, and their contents.
FLOOD-RESISTANT MATERIAL
Any building product [material, component or system] capable of withstanding direct and
prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires
more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to
alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant.
Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials.
Sheet-type flooring coverings that restrict evaporation from below and materials that are
impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water
excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2,
Flood Damage-Resistant Materials Requirements, available from the FEMA. Class 4 and 5
materials, referenced therein, are acceptable flood-resistant materials.
FLOODWAY
The channel of a river or other watercourse, including the area above a bridge or culvert when
applicable, and the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than one foot.
FLOODWAY ENCROACHMENT ANALYSIS
An engineering analysis of the impact that a proposed encroachment into a floodway or non-
encroachment area is expected to have on the floodway boundaries and flood levels during the
occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North
Carolina licensed engineer using standard engineering methods and models.
FREEBOARD
The height added to the BFE to account for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, blockage of bridge or culvert openings, and the hydrological
effect of urbanization of the watershed. The BFE plus the freeboard establishes the “Regulatory
Flood Protection Elevation”.
FUNCTIONALLY DEPENDENT FACILITY
A facility which cannot be used for its intended purpose unless it is located in close proximity to
water, limited to a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, or ship repair. The term does not include long-term storage,
manufacture, sales, or service facilities.
HAZARDOUS WASTE MANAGEMENT FACILITY
As defined in Section 30A, Article 9, N.C.G.S., a facility for the collection, storage, processing,
treatment, recycling, recovery, or disposal of hazardous waste.
HIGHEST ADJACENT GRADE (HAG)
The highest natural elevation of the ground surface, prior to construction, immediately next to
the proposed walls of the structure.
Unified Development Ordinance | New Hanover County, NC 9-7
HISTORIC STRUCTURE
Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the US Department of Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual listing on the National
Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a
“Certified Local Government (CLG) Program”; or
(d) Certified as contributing to the historical significance of a historic district
designated by a community with a “Certified Local Government (CLG) Program.”
Certified Local Government (CLG) Programs are approved by the US Department of the Interior
in cooperation with the North Carolina Department of Cultural Resources through the state
Historic Preservation Officer as having met the requirements of the National Historic
Preservation Act of 1966 as amended.
LETTER OF MAP CHANGE (LOMC)
An official determination issued by FEMA that amends or revises an effective Flood Insurance
Rate Map or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an
effective National Flood Insurance Program Map. A LOMA is based on technical
data showing that a property had been inadvertently mapped as being in the
floodplain, but is actually on natural high ground above the base flood elevation.
A LOMA amends the current effective Flood Insurance Rate Map and establishes
that a specific property, portion of a property, or structure is not located in a
special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may
show changes to flood zones, flood elevations, special flood hazard area
boundaries and floodway delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a
structure or parcel of land has been elevated by fill above the BFE and is,
therefore, no longer located within the special flood hazard area. In order to
qualify for this determination, the fill must have been permitted and placed in
accordance with the community’s floodplain management regulations.
(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment
as to whether a proposed project complies with the minimum NFIP requirements
for such projects with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built
documentation, a Letter of Map Revision may be issued by FEMA to revise the
effective FIRM.
9-8 New Hanover County, NC | Unified Development Ordinance
LIGHT DUTY TRUCK
Any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a
vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45
square feet or less as defined in 40 CFR 86.082-2 and is:
(a)Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
(b)Designed primarily for transportation of persons and has a capacity of more than
12 persons; or
(c)Available with special features enabling off-street or off-highway operation and
use.
LIMIT OF MODERATE WAVE ACTION (LIMWA)
The boundary line given by FEMA on coastal map studies marking the extents of Coastal A
Zones (CAZ).
LOWEST ADJACENT GRADE (LAG)
The lowest elevation of the ground, sidewalk, or patio slab immediately next to the building, or
deck support, after completion of the building.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in
an area other than a basement area is not considered a building's lowest floor, provided that
such an enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirements of this article.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required
utilities. The term “manufactured home” does not include a “recreational vehicle”.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for
rent or sale.
MARKET VALUE
The building value, not including the land value and that of any accessory structures or other
improvements on the lot. Market value may be established by independent certified appraisal;
replacement cost depreciated for age of building and quality of construction (Actual Cash
Value); or adjusted tax assessed values.
NEW CONSTRUCTION
Structures for which the “start of construction” commenced on or after the effective date of the
initial floodplain management regulations and includes any subsequent improvements to such
structures.
NON-ENCROACHMENT AREA (NEA)
The channel of a river or other watercourse, including the area above a bridge or culvert when
applicable, and the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than one foot as
designated in the Flood Insurance Study report.
Unified Development Ordinance | New Hanover County, NC 9-9
OTHERWISE PROTECTED AREA (OPA).
See “Coastal Barrier Resources System (CBRS)”.
POST-FIRM
Construction or other development for which the “start of construction” occurred on or after July
17, 1978, the effective date of the initial Flood Insurance Rate Map.
PRE-FIRM
Construction or other development for which the “start of construction” occurred before July 17,
1978, the effective date of the initial Flood Insurance Rate Map.
PRIMARY FRONTAL DUNE (PFD)
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and
landward slopes immediately landward and adjacent to the beach and subject to erosion and
overtopping from high tides and waves during major coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct change from a relatively steep
slope to a relatively mild slope.
PRINCIPALLY ABOVE GROUND
At least 51 percent of the actual cash value of the structure is above ground.
PUBLIC SAFETY AND/OR NUISANCE
Anything which is injurious to the safety or health of an entire community or neighborhood, or
any considerable number of persons, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE (RV)
A vehicle, which is:
(a)Built on a single chassis;
(b)400 square feet or less when measured at the largest horizontal projection;
(c)Designed to be self-propelled or permanently towable by a light duty truck;
(d)Designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use, and
(e)Is fully licensed and ready for highway use.
REFERENCE LEVEL
The top of the lowest floor for structures within Special Flood Hazard Areas designated as
Zones A, AE, AH, AO, A99. The reference level is the bottom of the lowest horizontal structural
member of the lowest floor for structures within Special Flood Hazard Areas designated as Zone
VE.
REGULATORY FLOOD PROTECTION ELEVATION
The “Base Flood Elevation” plus the “Freeboard”. In Special Flood Hazard Areas where Base
Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of
freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation
shall be at least two feet above the highest adjacent grade.
9-10 New Hanover County, NC | Unified Development Ordinance
REMEDY A VIOLATION
To bring the structure or other development into compliance with state and community
floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of this
article or otherwise deterring future similar violations, or reducing federal financial exposure with
regard to the structure or other development.
RIVERINE
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SALVAGE YARD
Any non-residential property used for the storage, collection, and/or recycling of any type of
equipment, and including but not limited to vehicles, appliances and related machinery.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SHEAR WALL
Walls used for structural support but not structurally joined or enclosed at the end (except by
breakaway walls). Shear walls are parallel or nearly parallel to the flow of the water.
SOLID WASTE DISPOSAL FACILITY
Any facility involved in the disposal of solid waste, as defined in Section130A-290(a) (35),
N.C.G.S.
SOLID WASTE DISPOSAL SITE
As defined in Section 130A-290(a) (36), N.C.G.S., any place at which solid wastes are disposed
of by incineration, sanitary landfill, or any other method.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain subject to a one percent or greater chance of being flooded in any
given year, as determined by this article.
START OF CONSTRUCTION
Includes substantial improvement, and means the date the building permit was issued provided
the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations, or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of the building,
whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage
tank that is principally above ground.
Unified Development Ordinance | New Hanover County, NC 9-11
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure during any five-year period whereby the cost of
restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. See definition of “substantial
improvement.”
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a
structure, taking place during any five-year period for which the cost equals or exceeds 50
percent of the market value of the structure before the “start of construction” of the
improvement. This term includes structures which have incurred “substantial damage”,
regardless of the actual repair work performed. The term does not, however, include either:
(a)Any correction of existing violations of state or community health, sanitary, or
safety code specifications which have been identified by the community code
enforcement official and which are the minimum necessary to assure safe living
conditions; or
(b)Any alteration of a historic structure, provided that the alteration will not preclude
the structure's continued designation as a historic structure and the alteration is
approved by variance issued pursuant to Section 9.7.5, Variance Procedures.
TEMPERATURE CONTROLLED
Having the temperature regulated by a heating and/or cooling system, built-in or appliance.
VARIANCE
A grant of relief from the requirements of this article.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in Section 9.7,
Administration, and Section 9.8, Provisions for Flood Hazard Reduction, is presumed to be in
violation until such time as that documentation of compliance is provided.
WATER SURFACE ELEVATION (WSE)
The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
WATERCOURSE
A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters
flow at least periodically. Watercourse includes specifically designated areas in which
substantial flood damage may occur.
Section 9.6. General Provisions
9.6.1. APPLICABILITY AND BASIS FOR SPECIAL FLOOD HAZARD AREAS
A.This article applies to all land and development in the Special Flood Hazard Areas
within unincorporated New Hanover County, as identified under the Cooperating
Technical state (CTS) agreement between the state of North Carolina and FEMA in
its FIS dated December 6, 2019 for New Hanover County and associated DFIRM
panels, including any digital data developed as part of the FIS, which are adopted
by reference and declared a part of this Ordinance, and all revisions hereto. [05-03-
2021]
9-12 New Hanover County, NC | Unified Development Ordinance
9.6.2. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required prior to the commencement of
any development activities prior to development within a Special Flood Hazard
Area, to ensure any proposed development activities are in conformance with the
provisions of this article, and other applicable regulations of this Ordinance and the
County Code of Ordinances
9.6.3. COMPLIANCE
No structure or land shall be located, extended, converted, altered, or developed in
any way without full compliance with the terms of this article, this Ordinance, and all
other applicable regulations.
9.6.4. ABROGATION AND GREATER RESTRICTIONS
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another article or
other ordinance conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
9.6.5. INTERPRETATION
In the interpretation and application of this article, all provisions shall be:
A.Considered as minimum requirements;
B.Liberally construed in favor of the County; and
C.Deemed neither to limit nor repeal any other powers granted under state statutes.
9.6.6. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this article is considered reasonable for
regulatory purposes, and is based on scientific and engineering consideration.
Larger floods can and will occur. Actual flood heights may be increased by man-
made or natural causes. This article does not imply that land outside the Special
Flood Hazard Areas or uses permitted within such areas will be free from flooding
or flood damages. This article shall not create liability on the part of New Hanover
County or by any officer or employee of the County for any flood damages that
result from reliance on this article or any administrative decision lawfully made in
accordance with this article.
9.6.7. PENALTIES FOR VIOLATIONS
Violation of the provisions of this article or failure to comply with any of its
requirements, including violation of conditions and safeguards established in
connection with grants of variance or special exceptions, shall constitute a Class 1
misdemeanor pursuant to Section 143-215.58, N.C.G.S. Any person who violates
this article or fails to comply with any of its requirements shall, upon conviction, be
fined not more than $100.00 or imprisoned for not more than 30 days, or both.
Each day such violation continues shall be considered a separate offense. Nothing
herein contained shall prevent New Hanover County from taking such other lawful
action as is necessary to prevent or remedy any violation.
Unified Development Ordinance | New Hanover County, NC 9-13
Section 9.7. Administration
9.7.1. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Planning Director hereinafter referred to as the “Floodplain Administrator”, is
hereby appointed to administer and implement the provisions of this article. In
instances where the Floodplain Administrator receives assistance from others to
complete tasks to administer and implement this article, the Floodplain
Administrator shall be responsible for the coordination and community’s overall
compliance with the National Flood Insurance Program and the provisions of this
article.
9.7.2. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION
A. Application Requirements
Application for a floodplain development permit shall be made to the Floodplain
Administrator prior to any development activities located within Special Flood
Hazard Areas. The following items shall be presented to the Floodplain
Administrator to apply for a floodplain development permit:
1. A plot plan drawn to scale which shall include, but shall not be limited to,
the following specific details of the proposed floodplain development:
a. The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility
systems, grading/pavement areas, fill materials, storage areas,
drainage facilities, and other development;
b. The boundary of the Special Flood Hazard Area as delineated on the
FIRM or other flood map, or a statement that the entire lot is within the
Special Flood Hazard Area;
c. Flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map;
d. The boundary of the floodway(s) or non-encroachment area(s);
e. The Base Flood Elevation (BFE);
f. The old and new location of any watercourse that will be altered or
relocated as a result of proposed development; and
g. The boundary and designation date of the Coastal Barrier Resource
System (CBRS) area or Otherwise Protected Areas (OPA), if
applicable; and
h. The certification of the plot plan by a registered land surveyor or
professional engineer.
2. Proposed elevation, and method thereof, of all development within a
Special Flood Hazard Area including but not limited to:
a. Elevation in relation to NAVD 1988 of the proposed reference level
(including basement) of all structures;
b. Elevation in relation to NAVD 1988 to which any non-residential
structure in Zones A, AE, AH, AO, A99 will be floodproofed; and
9-14 New Hanover County, NC | Unified Development Ordinance
c. Elevation in relation to NAVD 1988 to which any proposed utility
systems will be elevated or floodproofed.
3. If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34) with
supporting data, an operational plan, and an inspection and maintenance
plan that include, but are not limited to, installation, exercise, and
maintenance of floodproofing measures.
4. A Foundation Plan, drawn to scale, which includes details of the proposed
foundation system to ensure all provisions of this article are met. These
details include but are not limited to:
a. The proposed method of elevation, if applicable (i.e., fill, solid
foundation perimeter wall, solid backfilled foundation, open foundation
on columns/posts/piers/piles/shear walls); and
b. Openings to facilitate automatic equalization of hydrostatic flood
forces on walls in accordance with Section 9.8.2.D.4.d, when solid
foundation perimeter walls are used in Zones A, AE, AH, AO, A99.
c. The following, in Coastal High Hazard Areas, in accordance with the
provisions of Section 9.8.2.D.4.e, and Section 9.8.6, Coastal High
Hazard Area (Zone VE). and Section 9.8.7, Standards for Coastal A
Zones (Zone CAZ) LiMWA, if applicable:
1. V-Zone Certification with accompanying plans and specifications
verifying the engineered structure and any breakaway wall
designs;
2. Plans for open wood, plastic, or other latticework or insect
screening, if applicable; and
3. Plans for non-structural fill, if applicable. If non-structural fill is
proposed, it must be demonstrated through coastal engineering
analysis that the proposed fill would not result in any increase in
the BFE or otherwise cause adverse impacts by wave ramping
and deflection on to the subject structure or adjacent properties.
5. Usage details of any enclosed areas below the lowest floor.
6. Plans and/or details for the protection of public utilities and facilities such
as sewer, gas, electrical, and water systems to be located and
constructed to minimize flood damage.
7. Certification that all other local, state and federal permits required prior to
floodplain development permit issuance have been received.
8. Documentation for placement of recreational vehicles and/or temporary
structures, when applicable, to ensure that the provisions of Sections
9.8.2.F, Additions/Improvements. and 9.8.2.G, Recreational Vehicles, are
met.
9. A description of proposed watercourse alteration or relocation, when
applicable, including an engineering report on the effects of the proposed
project on the flood-carrying capacity of the watercourse and the effects
to properties located both upstream and downstream; and a map (if not
shown on the plot plan) showing the location of the proposed watercourse
alteration or relocation.
Unified Development Ordinance | New Hanover County, NC 9-15
B.Permit Requirements
The floodplain development permit shall include, but not be limited to:
1.A complete description of all the development to be permitted under the
floodplain development permit (e.g. house, garage, pool, septic,
bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials,
etc.).
2.The Special Flood Hazard Area determination for the proposed
development in accordance with available data specified in Section 9.6.1,
Applicability and Basis for Special Flood Hazard Areas.
3.The Regulatory Flood Protection Elevation required for the reference level
and all attendant utilities.
4.The Regulatory Flood Protection Elevation required for the protection of
all public utilities.
5.All certification submittal requirements with timelines.
6.A statement that no fill material or other development shall encroach into
the floodway or non-encroachment area of any watercourse unless the
requirements of Section 9.8.5, Floodways and Non-Encroachment Areas,
have been met.
7.The flood openings requirements, if in Zones A, AE, AH, AO, A99.
8.Limitations of below BFE enclosure uses (if applicable). (i.e., parking,
building access and limited storage only).
9.A statement, if in Zone VE, that there shall be no alteration of sand dunes
which would increase potential flood damage.
10.A statement, if in Zone VE, that there shall be no fill used for structural
support.
11.A statement, that all materials below BFE/RFPE must be flood resistant
materials.
C.Certification Requirements
1.Elevation Certificates
a.An Elevation Certificate (FEMA Form 086-0-33) is required after the
reference level is established. Within seven calendar days of
establishment of the reference level elevation, it shall be the duty of
the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the reference level, in relation to NAVD
1988. Any work done within the seven day calendar period and prior
to submission of the certification shall be at the permit holder’s risk.
The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by
the permit holder immediately and prior to further work being
permitted to proceed. Failure to submit the certification or failure to
make required corrections shall be cause to issue a stop-work order
for the project.
9-16 New Hanover County, NC | Unified Development Ordinance
b.A final Finished Construction Elevation Certificate (FEMA Form 086-0-
33) is required after construction is completed and prior to Certificate
of Compliance/Occupancy issuance. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of final
as-built construction of the elevation of the reference level and all
attendant utilities. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to Certificate
of Compliance/Occupancy issuance. In some instances, another
certification may be required to certify corrected as-built construction.
Failure to submit the certification or failure to make required
corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy. The Finished Construction Elevation
Certificate certifier shall provide at least two photographs showing the
front and rear of the building taken within 90 days from the date of
certification. The photographs must be taken with views confirming
the building description and diagram number provided in Section
9.7.2.A, Application Requirements. To the extent possible, these
photographs should show the entire building including foundation. If
the building has split-level or multi-level areas, provide at least two
additional photographs showing side views of the building. In addition,
when applicable, provide a photograph of the foundation showing a
representative example of the flood openings or vents. All
photographs must be in color and measure at least 3" × 3". Digital
photographs are acceptable.
2.Floodproofing Certificate
a.If non-residential floodproofing is used to meet the Regulatory Flood
Protection Elevation requirements, a Floodproofing Certificate (FEMA
Form 086-0-34), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the actual start
of any new construction. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the
floodproofed design elevation of the reference level and all attendant
utilities, in relation to NAVD 1988. Floodproofing certification shall be
prepared by or under the direct supervision of a professional engineer
or architect and certified by same. The Floodplain Administrator shall
review the certificate data, the operational plan, and the inspection
and maintenance plan. Deficiencies detected by such review shall be
corrected by the applicant prior to permit approval. Failure to submit
the certification or failure to make required corrections shall be cause
to deny a floodplain development permit. Failure to construct in
accordance with the certified design shall be cause to withhold the
issuance of a Certificate of Compliance/Occupancy.
b.A final Finished Construction Floodproofing Certificate (FEMA Form
086-0-34), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the issuance of
a Certificate of Compliance/Occupancy. It shall be the duty of the
permit holder to submit to the Floodplain Administrator a certification
of the floodproofed design elevation of the reference level and all
Unified Development Ordinance | New Hanover County, NC 9-17
attendant utilities, in relation to NAVD 1988. Floodproofing certificate
shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. The Floodplain
Administrator shall review the certificate data, the operational plan,
and the inspection and maintenance plan. Deficiencies detected by
such review shall be corrected by the applicant prior to Certificate of
Occupancy. Failure to submit the certification or failure to make
required corrections shall be cause to deny a Floodplain Development
Permit. Failure to construct in accordance with the certified design
shall be cause to deny a Certificate of Compliance/Occupancy.
3. If a manufactured home is placed within Zones A, AE, AH, AO, A99 and
the elevation of the chassis is more than 36 inches in height above grade,
an engineered foundation certification is required in accordance with the
provisions of Section 9.8.2.C.2.
4. If a watercourse is to be altered or relocated, a description of the extent of
watercourse alteration or relocation; a professional engineer’s certified
report on the effects of the proposed project on the flood-carrying
capacity of the watercourse and the effects to properties located both
upstream and downstream; and a map showing the location of the
proposed watercourse alteration or relocation shall all be submitted by the
permit applicant prior to issuance of a floodplain development permit.
5. Certification Exemptions. The following structures, if located within Zones
A, AE, AH, AO, A99, are exempt from the elevation/floodproofing
certification requirements specified in subsections 1 and 2 above:
a. Recreational vehicles meeting requirements of Section 9.8.2.G.1;
b. Temporary structures meeting requirements of Section 9.8.2.H,
Temporary Non-Residential Structures; and
c. Accessory structures that are 150 square feet or less or $3,000 or
less and meeting requirements of Section 9.8.2.I, Accessory
Structures.
6. A V-Zone Certification with accompanying design plans and specifications
is required prior to issuance of a floodplain development permit within
Coastal High Hazard Areas. It shall be the duty of the permit applicant to
submit to the Floodplain Administrator said certification to ensure the
design standards of this article are met. A registered professional
engineer or architect shall develop or review the structural design, plans,
and specifications for construction and certify that the design and
methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of this article. This
certification is not a substitute for an Elevation Certificate.
D. Determinations for Existing Buildings and Structures
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of
substantial damage, and any other improvement of or work on such buildings and
9-18 New Hanover County, NC | Unified Development Ordinance
structures, the Floodplain Administrator, in coordination with the Building Official,
shall:
1.Estimate the market value, or require the applicant to obtain an appraisal
of the market value prepared by a qualified independent appraiser, of the
building or structure before the start of construction of the proposed work;
in the case of repair, the market value of the building or structure shall be
the market value before the damage occurred and before any repairs are
made;
2.Compare the cost to perform the improvement, the cost to repair a
damaged building to its pre-damaged condition, or the combined costs of
improvements and repairs, if applicable, to the market value of the
building or structure;
3.Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
4.Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with
the flood resistant construction requirements of the North Carolina
Building Code and this article is required.
9.7.3. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator shall perform, but not be limited to, the following
duties:
A.Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of
this article have been satisfied.
B.Review all proposed development within Special Flood Hazard Areas to assure that
all necessary local, state and federal permits have been received, including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334.
C.Notify adjacent communities and the North Carolina Department of Public Safety,
Division of Emergency Management, State Coordinator for the National Flood
Insurance Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management
Agency (FEMA).
D.Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is maintained.
E.Prevent encroachments into floodways and non-encroachment areas unless the
certification and flood hazard reduction provisions of Section 9.8.5, Floodways and
Non-Encroachment Areas, are met.
F.Obtain actual elevation (in relation to NAVD 1988) of the reference level (including
basement) and all attendant utilities of all new and substantially improved
structures, in accordance with the provisions of Section 9.7.2.C, Certification
Requirements.
Unified Development Ordinance | New Hanover County, NC 9-19
G.Obtain actual elevation (in relation to NAVD 1988) to which all new and
substantially improved structures and utilities have been floodproofed, in
accordance with the provisions of Section 9.7.2.C, Certification Requirements.
H.Obtain actual elevation (in relation to NAVD 1988) of all public utilities in
accordance with the provisions of Section 9.7.2.C, Certification Requirements.
I.When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with the provisions
Section 9.7.2.C, Certification Requirements, and Section 9.7.2.B.3 and Section
9.8.2.B.
J.Where interpretation is needed as to the exact location of boundaries of the Special
Flood Hazard Areas, floodways, or non-encroachment areas (for example, where
there appears to be a conflict between a mapped boundary and actual field
conditions), make the necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in this article.
K.When BFE data has not been provided in accordance with the provisions of Section
9.6.1, Applicability and Basis for Special Flood Hazard Areas, obtain, review, and
reasonably utilize any BFE data, along with floodway data or non-encroachment
area data available from a federal, state, or other source, including data developed
pursuant to Section 9.8.3.B.3, in order to administer the provisions of this article.
L.When BFE data is provided but no floodway or non-encroachment area data has
been provided in accordance with the provisions of Section 9.6.1, Applicability and
Basis for Special Flood Hazard Areas, obtain, review, and reasonably utilize any
floodway data or non-encroachment area data available from a federal, state, or
other source in order to administer the provisions of this article.
M.When the lowest floor and the lowest adjacent grade of a structure or the lowest
ground elevation of a parcel in a Special Flood Hazard Area is above the BFE,
advise the property owner of the option to apply for a Letter of Map Amendment
(LOMA) from FEMA. However, if the property is to be removed from the V Zone it
must not be located seaward of the landward toe of the primary frontal dune.
Maintain a copy of the LOMA issued by FEMA in the floodplain development permit
file.
N.Permanently maintain all records that pertain to the administration of this article and
make these records available for public inspection, recognizing that such
information may be subject to the Privacy Act of 1974, as amended.
O.Make on-site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of this article and the terms of the permit. In exercising
this power, the Floodplain Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the community at any
reasonable hour for the purposes of inspection or other enforcement action.
P.Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this article, the
Floodplain Administrator may order the work to be immediately stopped. The stop-
work order shall be in writing and directed to the person doing or in charge of the
9-20 New Hanover County, NC | Unified Development Ordinance
work. The stop-work order shall state the specific work to be stopped, the specific
reason(s) for the stoppage, and the condition(s) under which the work may be
resumed. Violation of a stop-work order constitutes a misdemeanor.
Q.Revoke floodplain development permits as required. The Floodplain Administrator
may revoke and require the return of the floodplain development permit by notifying
the permit holder in writing stating the reason(s) for the revocation. Permits shall
be revoked for any substantial departure from the approved application, plans, and
specifications; for refusal or failure to comply with the requirements of state or local
laws; or for false statements or misrepresentations made in securing the permit.
Any floodplain development permit mistakenly issued in violation of an applicable
state or local law may also be revoked.
R.Make periodic inspections throughout the Special Flood Hazard Areas within the
unincorporated County. The Floodplain Administrator and each member of the
inspections department shall have a right, upon presentation of proper credentials,
to enter on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
S.Follow through with the corrective procedures of Section 9.7.4, Corrective
Procedures.
T.Review, provide input, and make recommendations for variance requests.
U.Maintain a current map repository to include, but not limited to, historical and
effective FIS Report, historical and effective FIRM and other official flood maps and
studies adopted in accordance with the provisions of Section 9.6.1, Applicability
and Basis for Special Flood Hazard Areas, including any revisions thereto including
Letters of Map Change, issued by FEMA. Notify state and FEMA of mapping
needs.
V.Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision
Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
9.7.4. CORRECTIVE PROCEDURES
A.Violations to be Corrected
When the Floodplain Administrator finds violations of applicable state and local
laws; it shall be the Administrator’s duty to notify the owner or occupant of the
building of the violation. The owner or occupant shall immediately remedy each of
the violations of law cited in such notification.
B.Actions in Event of Failure to Take Corrective Action
If the owner of a building or property shall fail to take prompt corrective action, the
Floodplain Administrator shall give the owner written notice, by certified or
registered mail to the owner’s last known address or by personal service, stating:
1.That the building or property is in violation of the floodplain management
regulations;
2.That a hearing will be held before the Floodplain Administrator at a
designated place and time, not later than ten days after the date of the
notice, at which time the owner shall be entitled to be heard in person or
by counsel, and to present arguments and evidence pertaining to the
matter; and
Unified Development Ordinance | New Hanover County, NC 9-21
3.That following the hearing, the Floodplain Administrator may issue an
order to alter, vacate, or demolish the building; or to remove fill as
applicable.
C.Order to Take Corrective Action
If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator finds that the building or development is in violation of this article, the
Administrator shall issue an order in writing to the owner, requiring the owner to
remedy the violation within a specified time period, not less than 60 calendar days,
nor more than 180 calendar days. Where the Floodplain Administrator finds that
there is imminent danger to life or other property, the Administrator may order that
corrective action be taken in such lesser period as may be feasible.
D.Appeal
1.Any owner who has received an order to take corrective action may
appeal the order to the Board of Adjustment by giving notice of appeal in
writing to the Floodplain Administrator within 30 days following the written
notice. In the absence of an appeal, the order of the Floodplain
Administrator shall be final. The Board of Adjustment shall hear an
appeal within a reasonable time and may affirm, modify, and affirm, or
revoke the order.
2.Any person aggrieved by the decision of the Board of Adjustment may
appeal such decision to the superior court within 30 days of the signing of
the order of the Board. Such appeal shall be in the nature of certiorari.
E.Failure to Comply with Order
If the owner of a building or property fails to comply with an order to take corrective
action for which no appeal has been made or fails to comply with an order of the
governing body following an appeal, the owner shall be guilty of a Class 1
misdemeanor pursuant to Section 143-215.58, N.C.G.S., and shall be punished at
the discretion of the court.
9.7.5. VARIANCE PROCEDURES
A.The Board of Adjustment shall hear and decide requests for variances from the
requirements of this article.
B.Any person aggrieved by the decision of the Board of Adjustment may appeal such
decision to the Court, as provided in Chapter 7A, N.C.G.S.
C.Variances may be issued for:
1.The repair or rehabilitation of historic structures upon the determination
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and that the variance is the
minimum necessary to preserve the historic character and design of the
structure;
2.Functionally dependent facilities, if determined to meet the definition as
stated in the County’s Stormwater Management Ordinance, provided
subsections 2, 3, and 5 of Section 9.7.5.I, Conditions for Variances, are
satisfied, and such facilities are protected by methods that minimize flood
9-22 New Hanover County, NC | Unified Development Ordinance
damages during the base flood and create no additional threats to public
safety; or
3.Any other type of development provided it meets the requirements of this
section.
D.In passing upon variances, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this
article, and:
1.The danger that materials may be swept onto other lands to the injury of
others;
2.The danger to life and property due to flooding or erosion damage;
3.The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
4.The importance of the services provided by the proposed facility to the
community;
5.The necessity to the facility of a waterfront location as defined in the
County’s Stormwater Management Ordinance, as a functionally
dependent facility, where applicable;
6.The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
7.The compatibility of the proposed use with existing and anticipated
development;
8.The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for that area;
9.The safety of access to the property in times of flood for ordinary and
emergency vehicles;
10.The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
11.The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems, and streets and
bridges.
E.A written report addressing each of the above factors shall be submitted with the
application for a variance.
F.Upon consideration of the factors listed above and the purposes of this article, the
Board of Adjustment may attach such conditions to the granting of variances as it
deems necessary to further the purposes and objectives of this article.
G.Any applicant to whom a variance is granted shall be given written notice specifying
the difference between the BFE and the elevation to which the structure is to be
built and that such construction below the BFE increases risks to life and property.
Such notification shall be maintained with a record of all variance actions, including
justification for their issuance.
Unified Development Ordinance | New Hanover County, NC 9-23
H.The Floodplain Administrator shall maintain the records of all appeal actions and
report any variances to the FEMA and the State of North Carolina upon request.
I.Conditions for Variances
1.Variances shall not be issued when the variance will make the structure in
violation of other federal, state, or local laws, regulations, or ordinances.
2.Variances shall not be issued within any designated floodway or non-
encroachment area if the variance would result in any increase in flood
levels during the base flood discharge.
3.Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
4.Variances shall only be issued prior to floodplain development permit
approval.
5.Variances shall only be issued upon:
a.A showing of good and sufficient cause;
b.A determination that failure to grant the variance would result in
exceptional hardship; and
c.A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
6.A variance may be issued for solid waste disposal facilities or sites,
hazardous waste management facilities, salvage yards, and chemical
storage facilities that are located in Special Flood Hazard Areas provided
that all of the following conditions are met.
a.The use serves a critical need in the community.
b.No feasible location exists for the use outside the Special Flood
Hazard Area.
c.The reference level of any structure is elevated or floodproofed to at
least the Regulatory Flood Protection Elevation.
d.The use complies with all other applicable federal, state and local
laws.
e.New Hanover County has notified the Secretary of the North Carolina
Department of Public Safety of its intention to grant a variance at least
30 calendar days prior to granting the variance.
Section 9.8. Provisions for Flood Hazard Reduction
9.8.1. GENERAL STANDARDS
Development in all Special Flood Hazard Areas shall comply with the following:
9-24 New Hanover County, NC | Unified Development Ordinance
A. All new construction and substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse, and lateral movement of the
structure.
B. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage in accordance with the
most current version of FEMA Technical Bulletin 2, Flood Damage-Resistant
Materials Requirements, which is incorporated herein by reference.
C. All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damages.
D. All new electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service equipment shall be located at or above the Regulatory Flood
Protection Elevation (RFPE), or designed and installed to prevent water from
entering or accumulating within the components during the occurrence of the base
flood. These include, but are not limited to, HVAC equipment, water softener units,
bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes,
water heaters, and electric outlets/switches.
E. Replacements part of a substantial improvement, electrical, heating, ventilation,
plumbing, air conditioning equipment, and other service equipment shall also meet
the above provisions.
F. Replacements that are for maintenance and not part of a substantial improvement,
may be installed at the original location, provided the addition and/or improvements
only comply with the standards for new construction consistent with the code and
requirements for the original structure.
G. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
H. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into flood waters.
I. On-site waste disposal systems shall be located and constructed to avoid
impairment to them, or contamination from them, during flooding.
J. Nothing in this article shall prevent the repair, reconstruction, or replacement of a
building or structure existing on the effective date of this ordinance and located
totally or partially within the floodway, non-encroachment area, or stream setback,
provided there is no additional encroachment below the Regulatory Flood
Protection Elevation in the floodway, non-encroachment area, or stream setback,
and provided that such repair, reconstruction, or replacement meets all of the other
requirements of this article.
K. New solid waste disposal facilities and sites, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted,
except by variance in accordance with subsection 6 of Section 9.7.5.I, Conditions
for Variances. A structure or tank for chemical or fuel storage incidental to an
allowed use, or to the operation of a water treatment plant or wastewater treatment
facility, may be located in a Special Flood Hazard Area only if the structure or tank
is either elevated or floodproofed to at least the Regulatory Flood Protection
Elevation (RFPE), and certified in accordance with the provisions of Section
9.7.2.C, Certification Requirements.
Unified Development Ordinance | New Hanover County, NC 9-25
L.All subdivision proposals and other development proposals shall be consistent with
the need to minimize flood damage.
M.All subdivision proposals and other development proposals shall have public
utilities and facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage.
N.All subdivision proposals and other development proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
O.All subdivision proposals and other development proposals shall have received all
necessary permits from those governmental agencies for which approval is
required by federal or state law, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
P.When a structure is partially located in a Special Flood Hazard Area, the entire
structure shall meet the requirements for new construction and substantial
improvements.
Q.When a structure is located in multiple flood hazard zones or in a flood hazard risk
zone with multiple base flood elevations, the provisions for the more restrictive flood
hazard risk zone and the highest Base Flood Elevation (BFE) shall apply.
9.8.2. SPECIFIC STANDARDS
In all Special Flood Hazard Areas where BFE data has been provided, the following
provisions, in addition to the provisions of Section 9.8.1, General Standards, are
required:
A.Residential Construction
New construction and substantial improvement of any residential structure
(including manufactured homes) shall have the reference level, including
basement, elevated no lower than the Regulatory Flood Protection Elevation
(RFPE).
B.Non-Residential Construction
New construction and substantial improvement of any commercial, industrial, or
other non-residential structure shall have the reference level, including basement,
elevated no lower than the Regulatory Flood Protection Elevation (RFPE).
Structures located in Zones A, AE, AH, AO, or A99 may be floodproofed to the
Regulatory Flood Protection Elevation in-lieu of elevation, provided that all areas of
the structure, together with attendant utility and sanitary facilities, below the
Regulatory Flood Protection Elevation, are watertight with walls substantially
impermeable to the passage of water, using structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with
9.8.8, Standards for Areas of Shallow Flooding (Zone AO). A registered
professional engineer or architect shall certify that the floodproofing standards of
this subsection are satisfied. Such certification shall be provided to the Floodplain
Administrator, along with the operational plan and the inspection and maintenance
plan.
9-26 New Hanover County, NC | Unified Development Ordinance
C. Manufactured Homes
1. New and replacement manufactured homes shall be elevated so that the
reference level of the manufactured home is no lower than the Regulatory
Flood Protection Elevation (RFPE).
2. Manufactured homes shall be securely anchored to an adequately
anchored foundation to resist flotation, collapse, and lateral movement,
either by a certified engineered foundation system, or in accordance with
the most current edition of the State of North Carolina Regulations for
Manufactured Homes adopted by the Commissioner of Insurance in
accordance with N.C.G.S. § 143-143.15. Additionally, when the elevation
would be met by an elevation of the chassis 36 inches or less above the
grade at the site, the chassis shall be supported by reinforced piers or
engineered foundation. When the elevation of the chassis is above 36
inches in height, an engineering certification is required.
3. All enclosures or skirting below the lowest floor shall meet the
requirements of Section 9.8.2.D, Elevated Buildings.
4. An evacuation plan must be developed for evacuation of all residents of
all new, substantially improved or substantially damaged manufactured
home parks or subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Floodplain Administrator and the
local Emergency Management Coordinator.
D. Elevated Buildings
The fully enclosed area of new construction and substantially improved structures,
which is below the lowest floor or below the lowest horizontal structural member in
VE zones:
1. Shall not be designed or used for human habitation, but shall only be
used for parking of vehicles, building access, or limited storage of
maintenance equipment used in connection with the premises. Access to
the enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment
(standard exterior door), or entry to the living area (stairway or elevator).
The interior portion of such enclosed area shall not be finished or
partitioned into separate rooms, except to enclose storage areas;
2. Shall not be temperature-controlled or conditioned with equipment below
the Regulatory Flood Protection Elevation.
3. Shall be constructed entirely of flood resistant materials, at least to the
Regulatory Flood Protection Elevation; and
4. Shall include, in Zones A, AE, AH, AO, and A99, flood openings to
automatically equalize hydrostatic flood forces on walls by allowing for the
entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect, or meet or
exceed the following minimum design criteria:
a. A minimum of two flood openings on different sides of each enclosed
area subject to flooding;
Unified Development Ordinance | New Hanover County, NC 9-27
b.The total net area of all flood openings must be at least one square
inch for each square foot of enclosed area subject to flooding;
c.If a building has more than one enclosed area, each enclosed area
must have flood openings to allow floodwaters to automatically enter
and exit;
d.The bottom of all required flood openings shall be no higher than one
foot above the higher of the interior or exterior adjacent grade;
e.Flood openings may be equipped with screens, louvers, or other
coverings or devices, provided they permit the automatic flow of
floodwaters in both directions; and
f.Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings.
Masonry or wood underpinning, regardless of structural status, is
considered an enclosure and requires flood openings as outlined
above.
5.Shall, in Coastal High Hazard Areas (Zone VE), either be free of
obstruction or constructed with breakaway walls, open wood, plastic or
other latticework or insect screening, provided they are not part of the
structural support of the building and are designed so as to breakaway,
under abnormally high tides or wave action without causing damage to
the elevated portion of the building or supporting foundation system or
otherwise jeopardizing the structural integrity of the building. The
following design specifications shall be met:
a.Material shall consist of open wood, plastic, or other latticework or
insect screening; or
b.Breakaway walls shall meet the following design specifications:
1.Breakaway walls may have flood openings that allow for the
automatic entry and exit of floodwaters to minimize damage
caused by hydrostatic loads, in accordance with subsections a
through f of Section 9.8.2.D.4 above; and
2.Design safe loading resistance shall be not less than 10 nor more
than 20 pounds per square foot; or
3.Breakaway walls that exceed a design safe loading resistance of
20 pounds per square foot (either by design or when so required
by state or local codes) shall be certified by a registered
professional engineer or architect that the breakaway wall will
collapse from a water load less than that which would occur during
the base flood event, and the elevated portion of the building and
supporting foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of
wind and water loads acting simultaneously on all building
components (structural and non-structural). The water loading
values used shall be those associated with the base flood. The
wind loading values used shall be those required by the North
Carolina State Building Code.
9-28 New Hanover County, NC | Unified Development Ordinance
c.For concrete pads, including patios, decks, parking pads, walkways,
driveways, pool decks, etc. the following is required:
1.Shall be structurally independent of the primary structural
foundation system of the structure and shall not adversely affect
structures through redirection of floodwaters or debris; and
2.Shall be constructed to breakaway cleanly during design flood
conditions, shall be frangible, and shall not produce debris
capable of causing damage to any structure. (The installation of
concrete in small segments (approximately four feet x four feet)
that will easily break up during the base flood event, or score
concrete in four feet x four feet maximum segments is acceptable
to meet this standard).
3.Reinforcing, including welded wire fabric, shall not be used in
order to minimize the potential for concreted pads being a source
of debris; and
i.Pad thickness shall not exceed four inches; or
ii.Provide a Design Professional’s certification stating the
design and method of construction to be used meet the
applicable criteria of this section.
4.The provisions above shall not apply to non-residential or multi-
family construction that is designed by a professional engineer
and constructed with self-supporting structural slabs capable of
remaining intact and functional under base flood conditions,
including expected erosion.
E.Fill/Grading
In zones A, AE, AH, AO, and A99 the following provisions shall apply: [05-03-2021]
1.Minor grading and the placement of minor quantities of fill may be
permitted for landscaping and for drainage purposes under and around
buildings and for support of parking slabs, pool decks, patios, and
walkways.
2.The fill material must be similar and consistent with the natural soils in the
area.
3.The placement of site-compatible fill under or around an elevated building
is limited to two feet. Fill greater than two feet must include an analysis
prepared by a qualified registered design professional demonstrating no
harmful diversion of floodwaters or wave run-up, and wave reflection that
would increase damage to adjacent elevated buildings and structures.
4.Fill with finished slopes that are steeper than five units horizontal to one
unit vertical shall be permitted only if an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of
floodwaters or wave runup and wave reflection that would increase
damage to adjacent elevated buildings and structures.
Unified Development Ordinance | New Hanover County, NC 9-29
F. Additions/Improvements.
1. Additions and/or improvements to pre-Flood Insurance Rate Map (FIRM)
structures when the addition and/or improvements in combination with
any interior modifications to the existing structure are:
a. Not a substantial improvement, the addition and/or improvements
must be designed to minimize flood damages and must not be any
more nonconforming than the existing structure.
b. A substantial improvement, with
modifications/rehabilitations/improvements to the existing structure or
the common wall is structurally modified more than installing a
doorway, both the existing structure and the addition must comply
with the standards for new construction.
2. Additions to pre-FIRM or post-FIRM structures that are a substantial
improvement with no modifications/rehabilitations/improvements to the
existing structure other than a standard door in the common wall, shall
require only the addition to comply with the standards for new
construction.
3. Additions and/or improvements to post-FIRM structures when the addition
and/or improvements in combination with any interior modifications to the
existing structure are:
a. Not a substantial improvement, the addition and/or improvements only
must comply with the standards for new construction consistent with
the code and requirements for the original structure.
b. A substantial improvement, both the existing structure and the
addition and/or improvements must comply with the standards for new
construction.
4. Any combination of repair, reconstruction, rehabilitation, addition or
improvement of a building or structure taking place during a five year
period, the cumulative cost of which equals or exceeds 50 percent of the
market value of the structure before the improvement or repair is started,
must comply with the standards for new construction. For each building
or structure, the five year period begins on the date of the first
improvement or repair of that building or structure. Substantial damage
also means flood-related damage sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs
at the time of each such flood event, on the average, equals or exceeds
25 percent of the market value of the structure before the damage
occurred. If the structure has sustained substantial damage, any repairs
are considered substantial improvement regardless of the actual repair
work performed. The requirement does not, however, include either:
a. Any project for improvement of a building required to correct existing
health, sanitary, or safety code violations identified by the Building
Official and that are the minimum necessary to assume safe living
conditions.
9-30 New Hanover County, NC | Unified Development Ordinance
b.Any alteration of a historic structure, provided that the alteration will
not preclude the structure’s continued designation as a historic
structure.
G.Recreational Vehicles
Recreational vehicles shall comply with either the standards for temporary
placement or the standards for permanent placement as follows:
1.Temporary Placement
a.Be on site for fewer than 180 consecutive days; or
b.Be fully licensed and ready for highway use. (A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities, and has no
permanently attached additions.)
2.Permanent Placement
Recreational vehicles that do not meet the limitations of Temporary
Placement shall meet all the requirements for new construction.
H.Temporary Non-Residential Structures
Prior to the issuance of a Floodplain Development Permit for a temporary structure,
the applicant must submit to the Floodplain Administrator a plan for the removal of
such structure(s) in the event of a hurricane, flash flood, or other type of flood
warning notification. The following information shall be submitted in writing to the
Floodplain Administrator for review and written approval:
1.A specified time period for which the temporary use will be permitted.
Time specified may not exceed three months, renewable up to one year;
2.The name, address, and phone number of the individual responsible for
the removal of the temporary structure;
3.The time frame prior to the event at which a structure will be removed
(i.e., minimum of 72 hours before landfall of a hurricane or immediately
upon flood warning notification);
4.A copy of the contract or other suitable instrument with the entity
responsible for physical removal of the structure; and
5.Designation, accompanied by documentation, of a location outside the
Special Flood Hazard Area, to which the temporary structure will be
moved.
I.Accessory Structures
1.When accessory structures (sheds, detached garages, etc.) are to be
placed within a Special Flood Hazard Area, the following criteria shall be
met:
a.Accessory structures shall not be used for human habitation (including
working, sleeping, living, cooking, or restroom areas);
b.Accessory structures shall not be temperature-controlled;
Unified Development Ordinance | New Hanover County, NC 9-31
c. Accessory structures shall be designed to have low flood damage
potential;
d. Accessory structures shall be constructed and placed on the building
site so as to offer the minimum resistance to the flow of floodwaters;
e. Accessory structures shall be firmly anchored in accordance with the
provisions of Section 9.8.1.A;
f. All service facilities such as electrical shall be installed in accordance
with the provisions of Section 9.8.1.D; and
g. Flood openings to facilitate automatic equalization of hydrostatic flood
forces shall be provided below Regulatory Flood Protection Elevation
in conformance with the provisions of Section 9.8.2.D.4.
2. An accessory structure with a footprint less than 150 square feet or that is
a minimal investment of $3,000 or less and satisfies the criteria outlined
above is not required to meet the elevation or flood-proofing standards of
Section 9.8.2.D.2. Elevation or floodproofing certifications are required
for all other accessory structures in accordance with Section 9.7.2.C,
Certification Requirements.
J. Tanks
When gas and liquid storage tanks are to be placed within a Special Flood Hazard
Area, the following criteria shall be met:
1. Underground tanks. Underground tanks in flood hazard areas shall be
anchored to prevent flotation, collapse, or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty;
2. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas
shall be elevated to or above the Regulatory Flood Protection Elevation
on a supporting structure that is designed to prevent flotation, collapse, or
lateral movement during conditions of the design flood. Tank-supporting
structures shall meet the foundation requirements of the applicable flood
hazard area;
3. Above-ground tanks, not elevated. Above-ground tanks that do not meet
the elevation requirements of Section 9.8.2.D.2 shall be permitted in flood
hazard areas provided the tanks are designed, constructed, installed, and
anchored to resist all flood-related and other loads, including the effects
of buoyancy, during conditions of the design flood and without release of
contents in the floodwaters or infiltration by floodwaters into the tanks.
Tanks shall be designed, constructed, installed, and anchored to resist
the potential buoyant and other flood forces acting on an empty tank
during design flood conditions.
4. Tank inlets and vents. Tank inlets, fill openings, outlets, and vents shall
be:
a. At or above the Regulatory Flood Protection Elevation, or fitted with
covers designed to prevent the inflow of floodwater or outflow of the
contents of the tanks during conditions of the design flood; and
9-32 New Hanover County, NC | Unified Development Ordinance
b.Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during
conditions of the design flood.
K.Other Development
1.Fences in regulated floodways and Non-Encroachment Areas (NEAs) that
have the potential to block the passage of floodwaters, such as stockade
fences and wire mesh fences, shall meet the limitations of Section 9.8.5,
Floodways and Non-Encroachment Areas.
2.Retaining walls, sidewalks, and driveways in regulated floodways and
NEAs. Retaining walls and sidewalks and driveways that involve the
placement of fill in regulated floodways shall meet the limitations of
Section 9.8.5, Floodways and Non-Encroachment Areas.
3.Roads and watercourse crossings in regulated floodways and NEAs.
Roads and watercourse crossings, including roads, bridges, culverts, low-
water crossings, and similar means for vehicles or pedestrians to travel
from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 9.8.5, Floodways
and Non-Encroachment Areas.
9.8.3. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS
Within the Special Flood Hazard Areas designated as Approximate Zone A and
established in Section 9.6.1, Applicability and Basis for Special Flood Hazard
Areas, where no BFE data has been provided by FEMA, the following provisions,
in addition to the provisions of Section 9.8.2.D, Elevated Buildings, shall apply:
A.No encroachments, including fill, new construction, substantial improvements, or
new development shall be permitted within a distance of 20 feet each side from top
of bank or five times the width of the stream, whichever is greater, unless
certification with supporting technical data by a registered professional engineer is
provided demonstrating that such encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
B.The BFE used in determining the Regulatory Flood Protection Elevation shall be
determined based on the following criteria:
1.When BFE data is available from other sources, all new construction and
substantial improvements within such areas shall also comply with all
applicable provisions of this article, and shall be elevated or floodproofed
in accordance with standards in Sections 9.8.1, General Standards, and
9.8.2, Specific Standards.
2.When floodway or non-encroachment data is available from a Federal,
state, or other source, all new construction and substantial improvements
within floodway and non-encroachment areas shall also comply with the
requirements of Section 9.8.2, Specific Standards, and Section 9.8.5,
Floodways and Non-Encroachment Areas.
3.All subdivision, manufactured home park, and other development
proposals shall provide BFE data if development is greater than five acres
or has more than 50 lots/manufactured home sites. Such BFE data shall
Unified Development Ordinance | New Hanover County, NC 9-33
be adopted by reference in accordance with Section 9.8.2, Specific
Standards, and utilized in implementing this article.
4. When BFE data is not available from a Federal, state, or other source as
outlined above, the reference level shall be elevated or floodproofed
(nonresidential) to or above the Regulatory Flood Protection Elevation. All
other applicable provisions of Section 9.8.2, Specific Standards, shall also
apply.
9.8.4. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS
BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT
AREAS
Along rivers and streams where BFE data is provided by FEMA or is available from
another source, but neither floodway nor non-encroachment areas are identified for
a Special Flood Hazard Area on the FIRM or in the FIS report, the following
requirements shall apply to all development within such areas:
A. Compliance with the standards in Sections 9.8.1, General Standards, and 9.8.2,
Specific Standards; and
B. Until a regulatory floodway or non-encroachment area is designated, no
encroachments, including fill, new construction, substantial improvements, or other
development, shall be permitted unless certification with supporting technical data
by a registered professional engineer is provided demonstrating that the cumulative
effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base
flood more than one foot at any point within the community.
9.8.5. FLOODWAYS AND NON-ENCROACHMENT AREAS
Areas designated as floodways or non-encroachment areas are located within the
Special Flood Hazard Areas. The floodways and non-encroachment areas are
extremely hazardous areas due to the velocity of floodwaters that have erosion
potential and carry debris and potential projectiles. The following provisions, in
addition to standards outlined in Sections 9.8.1, General Standards, and 9.8.2,
Specific Standards, shall apply to all development within such areas:
A. No encroachments, including fill, new construction, substantial improvements, and
other developments, shall be permitted unless:
1. It is demonstrated that the proposed encroachment would not result in
any increase in the flood levels during the occurrence of the base flood
discharge, based on hydrologic and hydraulic analyses performed in
accordance with standard engineering practice and presented to the
Floodplain Administrator prior to issuance of a Floodplain Development
Permit; or
2. A Conditional Letter of Map Revision (CLOMR) has been approved by
FEMA. A Letter of Map Revision (LOMR) must also be obtained within
six months of completion of the proposed encroachment.
B. If subsection A above, is satisfied, all development shall comply with all applicable
flood hazard reduction provisions of this article.
C. Manufactured homes may be permitted provided the following provisions are met:
9-34 New Hanover County, NC | Unified Development Ordinance
1.The manufactured home complies with the anchoring and the elevation
standards of Section 9.8.2.C, Manufactured Homes; and
2.The encroachment standards of subsection A above.
9.8.6. COASTAL HIGH HAZARD AREA (ZONE VE).
Coastal High Hazard Areas are Special Flood Hazard Areas and designated as
Zones VE. These areas have special flood hazards associated with high velocity
waters from storm surges or seismic activity and, therefore, all new construction
and substantial improvements shall meet the following provisions in addition to the
provisions of Sections 9.8.1, General Standards, and 9.8.2, Specific Standards:
A.All new construction and substantial improvements shall:
1.Be located landward of the reach of mean high tide;
2.Comply with all applicable Coastal Area Management Act (CAMA)
setback requirements.
B.All new construction and substantial improvements shall be elevated so that the
bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in Coastal High Hazard Areas
to satisfy the regulatory flood protection elevation requirements.
C.All new construction and substantial improvements shall have the space below the
bottom of the lowest horizontal structural member of the lowest floor free of
obstruction, so as not to impede the flow of flood waters, with the following
exceptions:
1.Open wood, plastic, or other latticework or insect screening may be
permitted below the lowest floor for aesthetic purposes only, and must be
designed to wash away in the event of wave impact and in accordance
with the provisions of Section 9.8.2.D.5.a. Design plans shall be
submitted in accordance with the provisions of Section 9.7.2.A.4.c.2; or
2.Breakaway walls may be permitted provided they meet the criteria set
forth in Section 9.8.2.D.1,2,3, and 9.8.2.D.5.b. Design plans shall be
submitted in accordance with the provisions of Section 9.7.2.A.4.c.1.
D.All new construction and substantial improvements shall be securely anchored to
pile or column foundations. All pilings and columns and the structure attached
thereto shall be anchored to resist flotation, collapse, and lateral movement due to
the effect of wind and water loads acting simultaneously on all building
components.
1.Water loading values used shall be those associated with the base flood.
2.Wind loading values used shall be those required by the current edition of
the North Carolina State Building Code.
E.For concrete pads, including patios, decks, parking pads, walkways, driveways,
pool decks, etc. the following is required:
1.They shall be structurally independent of the primary structural foundation
system of the structure and shall not adversely affect structures through
redirection of floodwaters or debris; and
Unified Development Ordinance | New Hanover County, NC 9-35
2.Shall be constructed to breakaway cleanly during design flood conditions,
shall be frangible, and shall not produce debris capable of causing
damage to any structure. (The installation of concrete in small segments
(approximately four feet x four feet) that will easily break up during the
base flood event, or score concrete in four feet x four feet maximum
segments is acceptable to meet this standard); and
3.Reinforcing, including welded wire fabric, shall not be used in order to
minimize the potential for concreted pads being a source of debris; and
4.Pad thickness shall not exceed four inches; or
5.Provide a design professional’s certification stating the design and
method of construction to be used meet the applicable criteria of this
section.
6.The provisions above shall not apply to non-residential or multi-family
construction that is designed by a professional engineer and constructed
with self-supporting structural slabs capable of remaining intact and
functional under base flood conditions, including expected erosion.
F.Swimming pools and spas shall comply with the following:
1.Be designed to withstand all flood-related loads and load combinations.
2.Be elevated so that the lowest horizontal structural member is elevated
above the Regulatory Floodplain Elevation (RFPE); or
3.Be designed and constructed to break away during design flood
conditions without producing debris capable of causing damage to any
structure; or
4.Be sited to remain in the ground during design flood conditions without
obstructing flow that results in damage to any structure.
5.Registered design professionals must certify to the Floodplain
Administrator that a pool or spa beneath or near a VE Zone building will
not be subject to flotation or displacement that will damage building
foundations or elevated portions of the building or any nearby buildings
during a coastal flood.
6.Pool equipment shall be located above the RFPE whenever practicable.
Pool equipment shall not be located beneath an elevated structure.
G.All elevators, vertical platform lifts, chair lifts, etc., shall comply with the following:
1.Elevator enclosures must be designed to resist hydrodynamic and
hydrostatic forces, as well as erosion, scour, and waves.
2.Utility equipment in Coastal High Hazard Areas (VE Zones) must not be
mounted on, pass through, or be located along breakaway walls.
3.The cab, machine/equipment room, hydraulic pump, hydraulic reservoir,
counter weight and roller guides, hoist cable, limit switches, electric hoist
motor, electrical junction box, circuit panel, and electrical control panel
are all required to be above RFPE. When this equipment cannot be
located above the RFPE, it must be constructed using flood damage-
resistant components.
9-36 New Hanover County, NC | Unified Development Ordinance
4.Elevator shafts/enclosures that extend below the RFPE shall be
constructed of reinforced masonry block or reinforced concrete walls to
provide increased protection from flood damage. Drainage must be
provided for the elevator pit.
5.Flood damage-resistant materials can also be used inside and outside the
elevator cab to reduce flood damage. Only stainless steel doors and door
frames shall be used below the BFE. Grouting in of door frames and sills
is recommended.
6.If an elevator is designed to provide access to areas below the BFE, it
shall be equipped with a float switch system that will activate during a
flood and send the elevator cab to a floor above the RFPE.
H.A registered professional engineer or architect shall certify that the design,
specifications, and plans for construction are in compliance with the provisions of
Section 9.8.2, Specific Standards, and Section 9.8.6.C. and D on the current
version of the North Carolina V-Zone Certification form or equivalent local version.
I.Fill/Grading
1.Minor grading and the placement of minor quantities of nonstructural fill
may be permitted for landscaping and for drainage purposes under and
around buildings and for support of parking slabs, pool decks, patios, and
walkways.
2.The fill material must be similar and consistent with the natural soils in the
area.
3.The placement of site-compatible, non-structural fill under or around an
elevated building is limited to two feet. Fill greater than two feet must
include an analysis prepared by a qualified registered design professional
demonstrating no harmful diversion of floodwaters or wave run-up and
wave reflection that would increase damage to adjacent elevated
buildings and structures.
4.Nonstructural fill with finished slopes that are steeper than five units
horizontal to one unit vertical shall be permitted only if an analysis
prepared by a qualified registered design professional demonstrates no
harmful diversion of floodwaters or wave runup and wave reflection that
would increase damage to adjacent elevated buildings and structures.
J.There shall be no alteration of sand dunes or mangrove stands which would
increase potential flood damage.
K.No manufactured homes shall be permitted except in an existing manufactured
home park or subdivision. A replacement manufactured home may be placed on a
lot in an existing manufactured home park or subdivision, provided the anchoring
and elevation standards of this section have been satisfied.
L.Recreational vehicles may be permitted in Coastal High Hazard Areas provided that
they meet the recreational vehicle criteria of Section 9.8.2.G.1.
M.A deck that is structurally attached to a building or structure shall have the bottom
of the lowest horizontal structural member at or above the Regulatory Flood
Protection Elevation and any supporting members that extend below the Regulatory
Flood Protection Elevation shall comply with the foundation requirements that apply
Unified Development Ordinance | New Hanover County, NC 9-37
to the building or structure, which shall be designed to accommodate any increased
loads resulting from the attached deck. The increased loads must be considered in
the design of the primary structure and included in the V-Zone Certification required
under Section 9.7.2.C.6.
N.A deck or patio that is located below the Regulatory Flood Protection Elevation
shall be structurally independent from buildings or structures and their foundation
systems, and shall be designed and constructed either to remain intact and in place
during design flood conditions or to break apart into small pieces to minimize debris
during flooding that is capable of causing structural damage to the building or
structure or to adjacent buildings and structures.
O.In Coastal High Hazard Areas, development activities other than buildings and
structures shall be permitted only if they are also authorized by the appropriate
state or local authority; if located outside the footprint of, and not structurally
attached to, buildings and structures; and if analyses prepared by qualified
registered design professionals demonstrate no harmful diversion of floodwaters or
wave runup and wave reflection that would increase damage to adjacent buildings
and structures. Such other development activities include but are not limited to:
1.Bulkheads, seawalls, retaining walls, revetments, and similar erosion
control structures;
2.Solid fences and privacy walls, and fences prone to trapping debris,
unless designed and constructed to fail under flood conditions less than
the design flood, or otherwise function to avoid obstruction of floodwaters.
9.8.7. STANDARDS FOR COASTAL A ZONES (ZONE CAZ) LIMWA
Structures in Coastal A Zones (CAZs) shall be designed and constructed to meet V
Zone requirements, including requirements for breakaway walls. However, the
National Flood Insurance Program (NFIP) regulations also require flood openings in
walls surrounding enclosures below elevated buildings in CAZs (see Technical
Bulletin 1, Openings in Foundation Walls and Walls of Enclosures). Breakaway
walls used in CAZs must have flood openings that allow for the automatic entry and
exit of floodwaters to minimize damage caused by hydrostatic loads. Openings also
function during smaller storms, or if anticipated wave loading does not occur, with
the base flood.
A.All new construction and substantial improvements shall be elevated so that the
bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in CAZs to satisfy the
regulatory flood protection elevation requirements.
B.All new construction and substantial improvements shall have the space below the
lowest horizontal structural member free of obstruction so as not to impede the flow
of flood waters, with the following exceptions:
1.Open wood, plastic or other latticework or insect screening may be
permitted below the lowest floor for aesthetic purposes only, and must be
designed to wash away in the event of wave impact and in accordance
with the provisions of Section 9.8.2.D.5.a. Design plans shall be
submitted in accordance with the provisions of Section 9.7.2.A.4.c.2; or
9-38 New Hanover County, NC | Unified Development Ordinance
2. Breakaway walls may be permitted provided they meet the criteria set
forth in Section 9.8.2.D.5.b. Design plans shall be submitted in
accordance with the provisions of Section 9.7.2.A.4.c.2.
C. All new construction and substantial improvements shall include, in CAZs, flood
openings to automatically equalize hydrostatic flood forces on walls by allowing for
the entry and exit of floodwaters. To meet this requirement, the openings must
either be certified by a professional engineer or architect or meet or exceed the
design criteria in Section 9.8.2.D.4.
D. Concrete pads, including patios, decks, parking pads, walkways, driveways, etc.
must meet the provisions of Section 9.8.6.E.
E. All new construction and substantial improvements shall meet the provisions of
Section 9.8.6.C.
F. A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions of
Section 9.7.2, Floodplain Development Application, Permit and Certification, and
Section 9.8.6.C and D, on the current version of the North Carolina V-Zone
Certification form or a locally developed V-Zone Certification form.
G. Recreational vehicles may be permitted in Coastal A Zones provided that they meet
the Recreational Vehicle criteria of Section 9.8.2.G.1.
H. Fill/Grading must meet the provisions of Section 9.8.2.K.
I. Decks and patios must meet the provisions of Section 9.8.6.M and N.
J. In Coastal High Hazard Areas, development activities other than buildings and
structures must meet the provisions of Section 9.8.6.O.
9.8.8. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO)
Located within the Special Flood Hazard Areas, are areas designated as shallow
flooding areas. These areas have special flood hazards associated with base flood
depths of one to three feet where a clearly defined channel does not exist, and
where the path of flooding is unpredictable and indeterminate. In addition to
Sections 9.8.1, General Standards, and 9.8.2, Specific Standards, all new
construction and substantial improvements shall meet the following requirements:
A. The reference level shall be elevated at least as high as the depth number specified
on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of two feet,
above the highest adjacent grade; or at least two feet above the highest adjacent
grade if no depth number is specified.
B. Non-residential structures may, in-lieu of elevation, be floodproofed to the same
level as required in subsection A of this section, so that the structure, together with
attendant utility and sanitary facilities, below that level shall be watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. Certification is required in accordance with Section 9.7.2.B, Permit
Requirements, and Section 9.8.2.B, Non-Residential Construction.
C. Adequate drainage paths shall be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
Unified Development Ordinance | New Hanover County, NC 9-39
9.8.9. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE
PREVENTION ORDINANCE
This ordinance in part comes forward by re-enactment of some of the provisions of
the Flood Damage Prevention Ordinance enacted April 3, 1978 as amended, and it
is not the intention to repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and liabilities that have
accrued thereunder are reserved and may be enforced. The enactment of this
ordinance shall not affect any action, suit or proceeding instituted or pending. All
provisions of the Flood Damage Prevention Ordinance of New Hanover County
enacted on April 3, 1978, as amended, which are not reenacted herein are
repealed. The date of the initial Flood Damage Prevention Ordinance for each
municipal jurisdiction within New Hanover County is as follows: City of Wilmington:
April 4, 1978; Town of Carolina Beach: May 12, 1987; Town of Kure Beach:
January 6, 1982; Town of Wrightsville Beach: November 21, 1974.
9.8.10. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS
Nothing herein contained shall require any change in the plans, construction, size,
or designated use of any development or any part thereof for which a Floodplain
Development Permit has been granted by the Floodplain Administrator or a
professional-level designee, before the passage of this ordinance; provided,
however, that when construction is not begun under such outstanding permit within
a period of six months subsequent to the date of issuance of the permit,
construction or use shall be in conformity with the provisions of this article.