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Approved 11/01/2017 3 flood. FIRMs are modified over time by the Flood Emergency Management Agency (FEMA) to reflect increases and 107 decreases in anticipated flood levels. Local communities like Orange County do not develop or maintain FIRMs; 108 these maps are maintained and modified by FEMA. While Orange County participates in the creation of these maps, 109 Staff does not do the studies, analyze data, create flood models, or make determinations with respect to what 110 property should and should not be included within a flood zone. Once communities are determined to be eligible to 111 participate in the National Flood Insurance Program, these communities are required to adopt FIRMs. Thus, if new 112 maps are not adopted, the County will no longer be eligible for participation in program, meaning flood insurance will 113 not be available to local residents. FEMA has finally approved new flood maps, a 3.5-4 year process that has 114 involved numerous revisions and modifications to the existing study. FEMA is also modifying its model floodplain 115 ordinances and established definitions and regulatory components. Orange County is obligated to adopt this in order 116 to insure consistency with FEMA policies and in order to preserve participation in the flood management program. 117 Staff is proposing to add new maps, enforceable once the BOCC acts on the proposed ordinance amendment. Staff 118 is also proposing to amend the Zoning Atlas to eliminate the Special Flood Hazard Overlay District. In 2007, the 119 County Planning Department was directed by the County Attorney (at the time) that flood regulation in and of itself 120 constituted a land use regulation tool, and as such, needed to be reflected on the Zoning Atlas, so the flood maps 121 were adopted and incorporated into the Zoning Atlas. However, as FIRMs change, Staff is obligated to continuously 122 update the Zoning Atlas. Now, in 2017, there is a new County Attorney who does not understand why Staff is 123 maintaining several different data sets in order to enforce FEMA flood map data, since the maps are the legally-124 binding documents that the County has to observe. So, based on this reasoning, the recommendation is to eliminate 125 the Special Flood Hazard Overlay District. Staff is also to proposing updates to the ordinance that eliminate 126 inconsistencies that have existed for several years. Specifically, there are provisions that the state has encouraged 127 local communities to include, which Orange County did adopt, that would allow local government leaders (BOCC) to 128 issue waivers for certain activities to be done in the flood zone. Such uses would include solid waste facilities, 129 salvage yards and chemical storage facilities. This does not make any sense to Staff, and since the County is not 130 obligated to have it, Staff is recommending the elimination of this mechanism. The elected body should be given a 131 methodology to practically issue permits to develop in these areas. Staff is also recommending changes to update 132 compliance issues for consistency with state law. Specifically, bona fide farms located within extra-territorial 133 jurisdictions (ETJs) that are located within a municipality, like Chapel Hill, Carrboro, Hillsborough, do not have to 134 comply with towns’ flood standards. By state law, they do have to comply with county flood standards. The effort is to 135 adopt the ordinance to be consistent with state law and to properly identify what the County does and not have 136 authority over. Staff is also updating existing definitions to be consistent with FEMA standards. There have been 137 some minor changes and tweaks to the definitions of design flood, Special Hazard Flood Area, and other related text 138 for FEMA’s satisfaction. What impacts will these changes have? There are some properties where there has been an 139 increase in identified floodplain, meaning the property will be regulated under existing floodplain management 140 standards. This does not mean that affected properties owners will have to secure permits the day after the maps are 141 adopted to make modifications to their property to bring it into compliance with the Ordinance. The adoption of new 142 flood map data does not automatically mandate property owners to address compliance immediately. If a structure 143 was built respective of regulations at the level, and level of development the time, it was legal, so the property owner 144 will not have to bring it up to compliance under the flood management ordinance, and will not create an automatic 145 zoning enforcement action. However, the structure may not be able to be expanded or modified. In response to many 146 calls from residents who are also in attendance at the meeting, Mr. Harvey said that the County – as a matter of law 147 or policy -- cannot compel, require, force or mandate that property owners get flood insurance. Mr. Harvey said that 148 lending agents have the ability to do this, especially with federally-backed mortgages. Mr. Harvey said that he does 149 think it is a good idea for property owners to consider getting flood insurance and there is plenty of information at the 150 Planning Department and on the County’s website about the many reasons. However, he wanted to make clear that 151 the County will not compel property owners to buy flood insurance. The biggest update is to eliminate references to 152 the Special Flood Hazard Area Overlay District from within the UDO and replace them with “Special Flood Hazard 153 Regulation.” Mr. Harvey addressed questions from residents about why they were notified about these said changes. 154 He said that Orange County’s UDO requires that any time the County initiates a Zoning Atlas amendment on a parcel 155 of property, that property owner has to be notified of the proposed change via certified mail. For this effort, Staff sent 156 our approximately 2,000 certified letters. 157 158 Lydia Wegman asked if the letters were sent out because the Special Flood Hazard Area Overlay is being eliminated. 159