GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 (2) ©y — febe The danger that the obstruction will be 



2 swept downstream to the injury of oth e rs; »«4 



3 others . 



4 (3) gy — febo The injury or damage at the site of the 



5 obstruction itself. 



6 ¥-&¥^ — this — purpos e — thoy — m*y — tak e into — account — anticipat e d 



7 d e v e lopment — La — febe — f orocoGabl e — futur e — which — way — be — advorcoly 



8 affoctod by the obstruction, — as w e ll — ae — e xisting dovolopmont . 



9 (al) Prior to issuing a permit for a structure in a floodplain, 



10 a local government shall ensure that the lowest habitable floor 



1 1 of the structure is elevated at least two feet above the 100-year 



12 floodplain. 



13 (a2) A local government shall not permit the establishment of a 



14 salvage operation, chemical storage facility, or other use 



15 involving potentially large quantities of hazardous materials or 



16 solid waste disposal within the 100-year floodplain. 



17 (b) In prescribing standards and requirements for the issuance 



18 of permits under this Part, and in issuing such permits, 



19 responsible local governments shall proceed as in the case of an 



20 ordinance for the better government of the county or 



21 municipality, as the case may be. A municipality may exercise the 



22 powers granted in this Part not only within its corporate 



23 boundaries but also within the area of its extraterritorial 



24 zoning jurisdiction. A county may exercise the powers granted in 



25 this Part at any place within the county outside the zoning 



26 jurisdiction of any municipalities in the county. The county may 



27 regulate territory within the zoning jurisdiction of any 



28 municipality whose governing body, by resolution, agrees to such 



29 regulation; provided, however, that any such municipal governing 



30 body may, upon one year's written notice, withdraw its approval 



31 of the county regulations, and those regulations shall have no 



32 further effect within the municipality's jurisdiction. 



33 (c) The local governing body is hereby empowered to adopt such 



34 regulations as it may deem necessary concerning the form, time, 



35 and manner of submission of applications for permits under this 



36 Part. Such regulations may provide for the issuance of permits 



37 under this Part by the local governing body or by such agency as 



38 may be designated by said body, as prescribed by the governing 



39 body. Every final decision granting or denying a permit under 



40 this Part shall be subject to review by the superior court of the 

 4 1 county, with the right of jury trial at the election of the party 



42 seeking review. The time and manner of election of a jury trial 



43 shall be governed by G.S. lA-1, Rule 38(b) of the Rules of Civil 



44 Procedure. Pending the final disposition of any such appeal, no 



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