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12/12/2006 TUE 16:47 Fax <br />Page 8 of 8 <br />adoption of amandmetil of a zoning ordinance. - Frizzelle v. Harnett County. 106 N.C. App 234, <br />416 S.E.2d 421(1992). "... [O]nly the legislative body of a municipality is authorized to adopt <br />and amend zoning ordinances. Only a law making body can adopt and amend a zoning <br />ordinance. Lee v. Board of Adjustment. Z26 N.C. 107, 37 S.E.2d 128 (1946); Bryan v. Wilson. <br />259 N.C.107, 130 S.E,2d 68 {1963); Application of Rca Constr. Co_, 272 N.C. 715,158 S.e.2d <br />887 (1968). <br />Thus, North Carolina law does not constitutionally permit local governing bodies to <br />incorporate by references revisions in flood insurance maps without also following the <br />statutory provisions for amending the floodplain management ordittance under N.C.G.S. §160A- <br />384, § 153A-343 and § 153A-344. In accordance with N.C.G.S. § 153A~47 and § 160A-76(b), the <br />city council or •the board of commissioners may incorporate by reference present maps that have <br />been approved by the city council or board of county commissioners in accordance with <br />N:C.G.S. §160A-384, §153A-343 and §153A-344. However, if they incorporate future changes <br />or future revisions of the maps, this would coastitute.an unlawful delegation of legislative <br />authority or power. <br />As you know, other states such as South Carolina, Mississippi, and Oregon also <br />coirclucled that the incorporation of future changes or revisions of the maps constituted an <br />unlawful delegation of legislative authority or power and thus, were unconstitutional under their <br />state constitutions. <br />This memorandum is not an Advisory Letter and has not been reviewed and approved in <br />accordance with procedures for issuing an Attorney General's opinion: <br />Sincerely, <br />~~' , <br />Cheryl Perry <br />Assistant Attorney al <br />4t~loorSiDATA;N'PSCrimewaNrol`PERRYIl1HLS7I7~nfipmappioynemawpd <br />c: ~ Doug Hoell,.Director, N.C. Division of Emergency Management <br />J. Cluis Crew, Hazard Mitigation Section Chien N.G. Division of EM <br />. Li1Ge Peebles, Agency Legal Specialist, N.C. Division of EM <br />15 <br />