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12/12/2006 TU8 16:43 FAR <br />~.~~' ti <br />2... <br />~. <br />Statf~ c~t~ ~c~rtl~ G~~rc)linit <br />fsYaS' .f-r it.Jf'IEI~ <br />a?'pfgtnt ~ +.~".~lcal <br />L1t'(3i~IFl;licllk.hN ,tti~#n-+° <br />1 '' t r t~aaX E;j_! <br />I~,~i~IC-at <br />September 14, X005 . <br />Phi) Letsinger <br />National Flood Insurance Program (NF1P) <br />1ti.C. Division.of Emergency Management <br />47131~1ai1 Service Center <br />Raleigh, North Carolina <br />Dcar Phil: <br />REPLY TO: <br />Crime Control Sectlan <br />(419)716-65b5 <br />You requested information concerning the proper way to amend municipal flood <br />ordinances under North Carolina law. The Division of Emergency Management serves as state <br />coordinator o€the National Flood Insurance Program (NFIP). I understand that the Federal <br />Emergency Management Agency (F1:.~lA) required North Carolina to develop a state model <br />tloodplain management ordinance. FEV1A noted that some states allow ordinances that <br />automatically adopt revisions, while other states require that each ordinariee and revision thereto <br />must be formally adapted by the appropriate municipal governing body. The question regarding <br />the appropriate legal means to adopt andlor revise ordinances is signiFrcarrt as it relates to flood <br />insurance maps. As development occurs and conditions change, the maps change to reflect the <br />effects on floodways and floodplains. There are actual maps that may be amended by a letter of <br />amendment. Communities participating in the NFII' administer their program as part of a zoning <br />Pro~m• <br />lisualty, state law requires that zoning ordinances and maps are adopted and "revised by <br />specific state law procedures. FEMA has requested an opinion regarding whether North Carolina <br />law requires-that zoning~ordinances and maps are adopted and revised using specific state law <br />procedures. Further, FEMA has requested an opinion regarding whether incorporation by <br />reference of future amendments to another statute, rule or regulation constitutes an unlawful <br />delegation of legislative power. Specifically, FEMA has requested an opinion regarding vr~hether <br />under North Carolina law Vorth Carolina's fIoodplain management model ordinance may ~ . <br />provide for the automatic adoption of revisions to such ardirrarrce without any further legislative <br />action by the jurisdiction's governing body. FEMA wants to know whether any necessary <br />ordinance re~lsions based upon new hazard.data provided by FEMA and incorporating any future <br />changes in I~~1P fioodplain management criteria may be made. Therefore; the issue is whether <br />North Carolina's model floodpiain management ordinance may specify that maps "aird any <br />revision thereto" or "as amended" are automatically adopted by the Ordinance without an <br />amendment of the ordinance. ~ lt, appears that this is not permissible under the North Carolina <br />~o12/ozl <br />8. <br />