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12/12/2006 TUE 16:43 FAX <br /> <br />Sli)re of N(will CilrOlilkl <br />trait' .t _eit.}E".FlT <br /> <br />September 14, 2005 . <br />Phil Letsinger <br />National Flood Insurance Program (NFIP) <br />X.C. Division.of Emergency Management <br />4713 Mail Service Center <br />Raleigh, North Carolina <br />Dear Phil: <br />REPLY TO: <br />Crime Control Section <br />(419) 716-6565 <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 of the National Flood Insurance Program (NFIP). I understand that the Federal <br />Emergency Management Agency (FJrMA) required North Carolina to develop a state model <br />floodplain management ordinance. FEMA noted that some states allow ordinances that <br />automatically adopt revisions, while other states require that each ordinance and revision thereto <br />must be formally adopted by the appropriate municipal governing body. The question regarding <br />the appropriate legal means to adopt and/or revise ordinances is significant as it relates to flood <br />insurance maps. As development occurs and conditions change, the maps change to reflect the <br />effects on Roodways and floodplain. There are actual maps that may be amended by a letter of <br />.amendment. Communities participating in the NFIP administer their program as part of a zoning <br />program. <br />Usually, 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 snaps 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 whether <br />under North Carolina law ;North Carolina's floodplain management model ordinance may <br />provide for the automatic adoption of revisions to such ordinance without any further legislative <br />action by the jurisdiction's governing body. FP-MA wants to know whether any necessary <br />ordinance revisions based upon new hazard.data provided by FEMA and incorporating any future <br />changes in NFIP floodplain management criteria may be made. Therefore; the issue is whether <br />North Carolina's model floodplain management ordinance may specify that maps "and any <br />revision thereto" or "as amended" are automatically adopted by the Ordinance without an <br />amendment of the ordinance. - It. appears that this is not permissible under the North Carolina <br />0012/021 <br />8