HISTORIC FLOOD EVENT BLDG. CODE EXEMPTION.

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View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 266 (Public) Filed Tuesday, March 11, 2025
AN ACT TO ESTABLISH EXEMPTIONS FROM CERTAIN FLOODPLAIN REQUIREMENTS FOR THE REPLACEMENT OR RECONSTRUCTION OF STRUCTURES DAMAGED BY HISTORIC FLOOD EVENTS; AND EXEMPTIONS FROM SOLID WASTE COMPOSTING RULES, STATE-ONLY STORMWATER AND SEDIMENTATION CONTROL REQUIREMENTS, STATE-ONLY AIR QUALITY PERMITS, SOIL AMENDMENT OR COMPOST PRODUCT REGISTRATION, AND FIRE CODE LIMITATIONS ON MULCH PILE STORAGE, FOR THE PROCESSING OF TREE STUMPS AND OTHER VEGETATIVE DEBRIS INTO MULCH OR SOIL AMENDMENTS IN THE COUNTIES AFFECTED BY HELENE FOR A PERIOD OF TWENTY-FOUR MONTHS.
Intro. by Moffitt, Daniel, Britt.

Status: Re-ref Com On Commerce and Insurance (Senate action) (Apr 16 2025)

SOG comments (1):

Long title change

Previous title was AN ACT TO ESTABLISH EXEMPTIONS FROM CERTAIN FLOODPLAIN REQUIREMENTS FOR THE REPLACEMENT OR RECONSTRUCTION OF STRUCTURES DAMAGED BY HISTORIC FLOOD EVENTS.

S 266

Bill Summaries:

  • Summary date: Apr 16 2025 - View Summary

    Senate committee substitute to the 1st edition adds the following content.

    Requires the Department of Insurance (DOI), by August 1, 2025, to prepare and submit to FEMA for its approval, the proposed changes set out in the act. Changes the effective date of the changes to GS 143-138 and GS 143-215.54 so that they are now effective on the later of (1) October 1, 2025, or (2) the first day of the month that is 30 days after the Commissioner of Insurance certifies that FEMA has approved the proposed changes (requires the Commissioner to provide this notice and the act’s effective date on its website). Requires DOI to report to the specified NCGA commission on the status of their activities related to the above on a quarterly basis beginning September 1, 2025, until the changes to the statutes become law.

    Requires the Department of Environmental Quality, Department of Agriculture and Consumer Services, and a unit of local government (as applicable), to waive the following requirements, to the extent the requirements are State or local in origin and not otherwise required to meet federal law, as they apply to activities to process tree stumps and vegetative debris into mulch or soil amendments in the counties designated before, on, or after the act’s effective date under a major disaster declaration by the President as a result of Hurricane Helene: (1) solid waste composing rules for Type 1 facilities under the specified rule, (2) stormwater, sedimentation, and erosion control requirements; (3) air quality permit requirements for vegetative debris processing equipment under the specified rule, (4) soil amendment or compost product registration required by the Department of Agriculture and Consumer Services, and (5) State Fire Code limitations on mulch pile storage. Expires July 1, 2027.

    Makes conforming changes to the act's long title.


  • Summary date: Mar 11 2025 - View Summary

    Amends GS 143-138 by adding that the owner of a lawfully established building or structure that is damaged by a historic flood event may replace or reconstruct the building or structure within the base floodplain to the same or lesser extent or volume existing immediately before the historic flood event, without regard to changes in State or local regulations adopted after the building or structure was lawfully established, subject to the following limitations. Specifies that the replacement or reconstruction that increases the extent or volume of the building or structure within the base floodplain is not authorized unless hydrologic and hydraulic analyses demonstrate that the proposed replacement or reconstruction will not result in any increase in the base flood elevation. Defines 200-year flood as a flood having a 0.5% probability of being equaled or exceeded in any given year, resulting in floodwater elevations higher than the base flood elevation associated with a 100-year flood. Defines historic flood event as a flood event that meets or exceeds a 200-year flood. Makes conforming changes to GS 143-215.54.