GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 regulations in the interest of floodplain management for the 



2 floodplain or the floodway." 



3 Section 2. Part 6 of Article 21 of Chapter 143 is 



4 amended by adding a new section to read: 



5 " § 143-215.62. Failure to implement; approval of variances. 



6 (a) A local government that has not adopted and implemented an 



7 ordinance consistent with the requirements of this Part shall not 



8 be eligible for State disaster assistance until the local 



9 government adopts and implements an ordinance consistent with the 



10 requirements of this Part. 



11 (b) Issuance by a local government of a variance from the 



12 minimum elevation requirement of a local ordinance that is 



13 consistent with the requirements of this Part shall make the 



14 structure's owner ineligible for State disaster assistance for 



15 loss or damage from flooding to the structure permitted pursuant 



16 to the variance. 



17 (c) The responsible local government shall give notice of the 



18 provisions of subsection (b) of this section to any petitioner 



19 for a variance from the minimum elevation requirements of a local 



20 ordinance that is consistent with the requirements of this Part 



21 prior to issuing a permit pursuant to the variance and shall 



22 obtain the petitioner's signature on a form that waives the 

 2 3 petitioner's claim to any State disaster assistance for loss or 

 24 damage from flooding to the structure permitted pursuant to the 

 2 5 variance. 



26 (d) A local government must demonstrate that it has adopted and 

 2 7 implemented an ordinance consistent with the requirements of this 



28 Part in order to be eligible for State grants and loans for 



29 infrastructure improvements, including the development or 



30 expansion of a wastewater treatment system, drinking water 



31 treatment system, or associated collection or distribution 



32 system. " 



33 Section 3. A structure or use existing in the 100-year 



34 floodplain prior to July 1, 2000 or for which a building permit 



35 was issued prior to July 1, 2000 is not in violation of G.S. 



36 143-215.54. On or after July 1, 2000, development in the base 



37 floodplain must at a minimum be consistent with the standards set 



38 out in G.S. 143-215.4. 



39 Section 4. Notwithstanding G.S. 150B-2 1 . 1 ( a ) ( 2 ) , the 



40 Department of Crime Control and Public Safety is authorized to 



41 adopt temporary rules to implement this Act. 



42 Section 5. factions 1, 3, 4 and 5 are effective when 



43 this Act becomes law. Section 2 is effective January 1, 2001. 



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