Orange County NC Website
Browse       Search
12/12/2006 TUE 16:47 FAX <br />Page 8 of 8 <br />adoption or amendment 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, 226 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 Rea 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 reference re revisions in flood insurance maps without also following the <br />statutory provisions for amending the floodplain management ordinance 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 constitute.an unlawful delegation of legislative <br />authority or power. <br />As you know, other states such as South Carolina, Mississippi, and Oregon also <br />concluded 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 />Cheryl 4. Perry <br />Assistant Attorney tGral <br />S:+loorSiDATn;RTtCrim-nim]'PERR1^1i AZ-t4T'•afipmappingmemawpd <br />c: Doug Hoell,.Director, N.C. Division of Emergency Management <br />3. Chris Crew, Hazard Mitigation Section Chief, N.C. Division of EM <br />Lillie Peebles, Agency Legal Specialist, N.C. Division of EM <br />15