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71 <br />Samantha Cabe: What is considered fill material? If you have someone with an existing gravel road on their property <br />and that road needs to be maintained, do they need a permit every time they put gravel on their road? Do they need a <br />base elevation study every time? <br />Glenn Bowles: We could work with the particular situation. <br />Samantha Cabe: For purposes of what we do tonight, I would ask that any approval that we do exclude the <br />requirements that exceed the minimum requirement from FEMA until those are flushed out because of the cost. <br />Brian Crawford: That comment carries all the way through this entire application so anything the county is proposing <br />exceeding federal guidelines, we would hold that out. <br />Glenn Bowles: We have an excellent flood plane program now and some of those standards that need to be there <br />particularly the iwo foot free board. <br />Judith Wegner: These are existing in the County Ordinance, it seems that allowing transfer into the zoning ordinance <br />but to target certain things for further review would be a cleaner way. <br />Brian Crawford: A point of procedure. We are having this discussion and asking specific questions but in reality we <br />don't have any motion on the floor. We need to have someone on the board suggest a motion to pass or deny it. If <br />she wants something to be excluded, there is no motion to be excluded from. <br />Mary Bobbitt-Cooke: Can we still discuss his report? <br />Jeffrey Schmitt: Yes. <br />Brian Crawford: In that discussion, we are making specific suggestions. <br />Mary Bobbitt-Cooke: I wanted to talk about making bonafide farming operations subject to the speaal flood hazard <br />area overlay. Commissioner Yuhasz raised the question about a North Carolina state law about farms not being <br />subject to specific zoning. Dces the state have preemption over what we do in Orange County? <br />Glenn Bowles: You have a point. How can Orange County exempt a bonafide farm operation from their zoning <br />ordinance when the State Zoning allows the exemption? I can't answer that question because it would need to be <br />referred to our attorney. <br />Michael Harvey: The wording we have provided in Section 1.5 of the revision was language crafted by the attomey's <br />office. <br />Mary Bobbitt-Cooke: Our attomey? <br />Michael Harvey: Yes. North Carolina General Statute speafically prohibits counties from regulating farming activities. <br />We have e~asting provision in our zoning ordinance that essentially stipulates we cannot regulate farming activities. <br />The language proposed by the attorney's office is an attempt to address the concern you are expressing and what you <br />are expressing for the last six months. <br />Jeffrey Schmitt: This in on page 22, number 2, they should not be subject to flood hazard? <br />Michael Harvey: The existing flood regulations in the Flood Damage Provision Ordinance, does not recognize any <br />exclusion of any land use activity. As we are participants in the National Flood Insurance Program, we are obligated to <br />regulate all land uses for compliance with flood regulations consistent with those requirements to be eligible for the <br />membership. <br />Mary Bobbitt-Cooke: The question arises when you try to put the flood plain map inside the zoning ordinance. If you <br />keep it the way it has been, it would make sense. <br />