Senate amendment to the 4th edition makes the following changes.

Replaces the entirety of Section 7 (amending GS 143-138) with the following.

Authorizes the owners of a lawfully established building or structure damaged by the Helene flood event (historic flood event meeting or exceeding a 200-year flood) to replace or reconstruct the building or structure within the base floodplain to the same or lesser extent or volume as existed immediately before the flood event so long as the land is in the counties of Western NC designated in FEMA’s disaster declaration and there is a memorandum of agreement (MOA) in place between the State and FEMA. Requires the reconstruction to comply with the MOA and not preclude compliance with FEMA’s minimum floodplain management standards in all other parts of the State.  Only takes effect upon the execution of the MOA. Describes required terms in MOA. Expires three years from the effective date of the MOA, unless extended by mutual agreement or terminated earlier in accordance with the MOA.

Makes a local government’s ability to adopt ordinances regulating uses in flood hazard areas and to grant use permits in those areas under GS 143-215.54 subject to the conditions set forth in GS 160D-108 (permit choice and vested rights).

Requires all communities in the State to continue to enforce FEMA’s minimum floodplain management standards for all substantially improved structures, including those damaged by a historic flood event, to maintain eligibility for the National Flood Insurance Program, except as provided above and subject to the terms of the MOA.

Clarifies that no provision of the act should be construed to waive or modify any State or local regulations necessary to comply with FEMA’s minimum floodplain management requirements.