Construction
New Floodplain Regulations Challenge Asheville's Rebuilding Efforts
2025-01-29

Asheville City Council has unanimously approved significant zoning changes aimed at aligning local floodplain regulations with federal standards. These new requirements will impact the rebuilding process for businesses affected by Hurricane Helene, particularly those located in designated floodplains. The updated rules mandate that most structures must be elevated at least two feet above the base flood level, a change from previous inconsistent guidelines. Additionally, pre-existing structures can no longer be grandfathered in when substantially rebuilt. While these measures are essential for maintaining eligibility for federal flood insurance and disaster assistance, they present considerable challenges for property owners, especially in areas like Biltmore Village and the River Arts District.

The decision to update floodplain regulations was driven by the need to comply with federal mandates. Last year, city leaders highlighted the importance of bringing local ordinances into alignment with federal regulations to avoid losing critical funding and jeopardizing property owners' access to federally-backed flood insurance. After delaying the vote twice, council members agreed on changes that would affect both new constructions and buildings being rebuilt after Helene. Under the revised rules, structures must now meet strict elevation requirements, which could mean raising buildings by as much as 10 to 12 feet in some cases. This poses a significant challenge for business owners in flood-prone areas.

City officials have expressed concerns about the practical implications of these new rules. Council member Bo Hess noted that while he supported the changes, the reality of implementing them is far more complex than it appears. For instance, in the River Arts District, many businesses may face the daunting task of elevating their structures significantly. However, there is a silver lining for historic buildings, as they may still qualify for exemptions from the new elevation requirements. The Board of Adjustments will oversee a special process for appeals and approvals, providing a pathway for historically significant structures to rebuild without meeting the stringent elevation standards.

Despite the challenges, the city remains committed to supporting recovery efforts. Property owners in floodplains often rely on the National Flood Insurance Program (NFIP) as their only viable option for coverage, given that many primary insurers do not offer or severely limit flood protection. In Buncombe County alone, over 1,100 active NFIP policies cover more than $345 million in property value. Without these modifications, Asheville could risk losing access to crucial federal disaster assistance programs, further complicating recovery efforts.

In addition to addressing floodplain regulations, the council also approved its Legislative Agenda for the upcoming session of the North Carolina General Assembly. The agenda prioritizes securing funding for Hurricane Helene recovery and supports amending or repealing a statute that restricts local municipalities from implementing certain zoning changes. Moreover, the city is exploring zoning reforms to promote affordable housing development, including reducing minimum parking requirements and streamlining approvals for small projects. These initiatives aim to facilitate the construction of residential units intended for low-income residents, an effort that has gained momentum despite delays caused by the hurricane.

The council's decision marks a pivotal moment in Asheville's recovery journey. By adopting these new floodplain regulations, the city aims to balance compliance with federal standards and support for affected businesses. While the path forward may be challenging, these measures are designed to ensure long-term resilience and protect property owners' access to vital resources. The changes reflect a commitment to building a safer and more sustainable future for all residents.

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