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12/12/2006 TUE 16:47 FAX 0018/021 14. Page 7 of 8 The N.C. Flood Damage Prevention Ordinance provides for the automatic adoption of revisions to such ordinance without any further legislative action by the appropriate city council. and the board of county commissioners. It incorporates future changes in NFIP floodplain management criteria. It specifies that maps "as aibended" "and any revision thereto" are automatically adopted by the Ordinance without an amendment of the ordinance. Adoption of new FEMA maps may impact hazards mapping and zones. Property maybe "rezoned" if the local government adopts or amends an ordinance that limits or prohibits land uses that previously were allowed, in the affected zone. An ordinance that proposes to rezone property requires certain notice to the affected landowners. A zoning ordinance that incorporates by reference all future amendments or modifications of flood insurance maps and subsequent revisions is an unlawful delegation of legislative authority. - To incorporate future changes to an ordinance will unlawfully delegate to another body, person or entity such as FEMA the power to change the. ordinance, which is a power thaf should be reserved to the city council or the board of county commissioners. State law at N.C.G.S. §143-215:56(g) provides that once FEMA approves the floodplain map for the NFIP, then, eachIocal government affected by the floodplain must incorporate the revised map into its floodplain ordinance. State law at N.C.G.S. § 153A-47 and N.C.G.S. §160A- 76(b) provide that a city or county may adopt in an ordinance regulations promulgated.by a public agency. These statutes, N.C.G.S. §153A-47 and §160A-76(b), seem to permit a county or city to adopt the federal regulations promulgated by a public agency, FEMA. Specifically, these statutes, N.C.G.S. § 153A-47 and § 160A-76(b), seem to permit a county or city to adopt FEMA's rules; including but may not be limited to, 44 C.F.R. Parts 59 and 65, for the mapping of special flood hazard areas. * These statutes seem to suggest that the city or county may adopt in its ordinance FEMA's regulations for mapping special flood hazard. areas. It is unclear whether these statutes; N.C.G.S. §153A-47 and §160A-76(b), permit a city or county to incorporate FEMA's.future rules or future amendments for mapping special flood hazard areas.. State law at N.C.G.S. §160A-384, §153A-343 and §153A-344 outline specific procedures for amending zoning ordinances for cities, towns and counties, respectively, including but may not be limited to, providing notice to certain landowners and a public hearing. Adoption of amendments to the Flood Insurance Study or the Flood Insurance Maps for an area under the local jurisdiction must be done in accordance with the statutory procedures at N.C.G.S. § 160A- 384, § 153A-343 and § 153A-344. "While N.C.G.S. §§ 153A-4 and 160A-4 mandate that grants of authority to local governments be broadly interpreted, zoning authority cannot be exercised in a manner contrary to the express provisions of the zoning enabling authority." In County of Lancaster v. Mecklenburg County, 334 N.C. 496, 434 S.E.2d 604 (1993). It is settled law in North Carolina any zoning ordinance must be amended in accordance with state law. "(A] zoning ordinance or an amendment thereto which is not adopted in accordance with the enabling statutes is invalid and ineffective." Sellers v. City of Asheville,. 33 N.C. APP. 544, 236 9.E.2d 283 (1977). It has been held that in addition to complying with the state statutory requirement, local zoning authority must comply with all requirements of its own local zoning ordinance before