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W <br />period for orange County actually expires on February 2, 2007, instead of February 7 as <br />indicated in W. Blantons letter. <br />I am unclear as to why, Mc. -BlantDrt'S letter triggers .the need f or the County to <br />amend its existing FDPO and what type of amendment is required_ First, the letter states <br />that 'the revised FMMs that Staff wishes to incorporate into the FDPO are for Caswell <br />and Person Counties, not Orange County. The letter also states that,'"Although your <br />community is unaffected by the updated flood hazard information presented in the FIS <br />reports and FMMS, your community does lie on one or more of the revised map panels:' <br />This statement leads me to: the concIpsion that the revised maps and associated reports do <br />not contain any changes to current Rood hizard data or maps for Orange County. I <br />assume you have taken the appropriate steps to determine why Orange County is required <br />to adopt the revised FIRM in its FDPO even though the FIRM does not affect Orange <br />County.. <br />Secondly, Mr, BlantoWs letter states in two places that the revised map panels <br />-that Staff wishes, to incorporate into the existing FDPO by amendment do not become <br />effective until June 4, 2007. Th6 September 14, 2005 letter from the assistant attorney <br />makes the point that North <br />general to the N.C. Division of ElfiergencY Management. b6dies to incorporate by <br />Carolina law does not constitutionally permit local governing - <br />reference - future revisions in flood insurance maps without first following the statutory <br />r <br />requirements for zoning magi amendments. We- agree with this following 'Therefore, it <br />appears that the County is constitutionWly precluded,ftom taking action in January of <br />.2007 to adapt.a map revision that does not become effective -until Sum 4, 2007. We do <br />not recommend making revisions tc) the FDPO that incorporate a future FIRM that is not <br />effective* on the date the FDPO amendment is enacted. <br />e <br />, recommend that you immediately obtain clarity on from these issues f the <br />office of the N.C. Division of Emergency Management and the North Carolina Attorney <br />General. <br />. . When Staff is prepared to proceed with the AmOndinell"o. the. FDPQ we <br />recommend the following Process.. The otange County FDPO is freestanding. It has not <br />the <br />been incorporated info . County% Zoning Ordinance. -However, it is our view that 0110 <br />or Moro, North Carolina Supreme Court decisions .(see for example, C—rqig V_-_Q_;0_Un!Y of <br />356 9-C. 40 (2002)) teaches that'- FDPO amendments' comply 'with the <br />procedures for amending the County's Zoning Ordinance and its official Zoning Atlas as <br />Ordinance. set forth in Article 20 of the Zoning Or ,e. This view is supported by the attached <br />memorandum from-Assistant NC-Attorney General Cheryl'A. Perry addressed to Phil <br />i4tsinge procedures for properly <br />r of the -NM and dated September 14, 2005. * The and the new Map (FIRM) <br />amending the FDPO to incorporate the now proposed-language <br />are set forth: below. Furthermore, the safest way to insure FEMA coverage in Orange <br />County is for the county to readopt the FDPO as amended and with the new maps as <br />amendments to the County's Zoning Ordinance. <br />