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Stay on the pulse of the decisions being made at meetings for Asheville City Council and Buncombe County Commission, with reports from BPR’s Laura Hackett.

Last night at Council: Asheville adopts new floodplain construction rules

A worker cleans heavy equipment near shuttered businesses in Biltmore Village on Friday, Nov. 1, 2024.
Felicia Sonmez
A worker cleans heavy equipment near shuttered businesses in Biltmore Village on Friday, Nov. 1, 2024.

For Asheville businesses rebuilding after Helene, the city will require most structures in designated floodplains to follow new elevation requirements.

On Tuesday, City Council members unanimously approved floodplain zoning changes, including one that removes allowing for pre-existing structures to be grandfathered in when being substantially rebuilt.

Last year, Asheville leaders first presented the council with recommended changes saying the city must bring local ordinances in line with federal regulations or risk losing critical funding and jeopardizing property owners' access to federally-backed flood insurance coverage.

After delaying the vote twice, Asheville City Council changed some zoning requirements in floodplains, which will impact new buildings and could impose new rules for those rebuilding Helene-damaged structures.

Under the updated rules, structures not exempt must be elevated at least two feet above the base flood level. Previously, that requirement was inconsistent and unclear, according to city attorney Brad Branham. Elected leaders also removed a clause that would have allowed “non-conforming” buildings in cases of pre-existing uses. The changes are reflected in Chapter 7 of the city’s Unified Development Ordinance.

A report by city staff presented earlier this month warned that failing to make the modifications could jeopardize Asheville property owners’ eligibility for the National Flood Insurance Program (NFIP) and other federal disaster assistance programs.

For property owners in floodplains, an NFIP policy is often the only viable option as many primary insurers don’t offer or significantly limit flood coverage. In Buncombe County, there are more than 1,100 active NFIP policies, covering more than $345 million in property, according to the Asheville Citizen-Times.

Council member Bo Hess expressed concern over stricter building requirements but ultimately voted to support the zoning changes. He said the zoning change may affect people who have to rebuild in flood-damaged areas like Biltmore Village and the River Arts District.

“The reality of this requirement is far more challenging than it appears,” he said. “For many of our businesses in flood-prone areas like the River Arts District, complying with this mandate could mean raising buildings by as much as 10 to 12 feet.”

There is one caveat to the new rules: owners of historic buildings still have the chance to rebuild without meeting the new floodplain elevation requirements. The Board of Adjustments will manage a special process for appeals and approvals.

According to a preliminary assessment by city leaders, there are 21 buildings in the River Arts District – eight of which are substantially damaged – that may meet historic structure eligibility. In Biltmore Village, 35 of 40 buildings that may be eligible for a historic building exemption were substantially damaged.

Other tidbits

  • Council members approved their Legislative Agenda for the N.C. General Assembly’s upcoming long session. The agenda focuses almost exclusively on securing funding for Hurricane Helene recovery. It also supports the amendment or repeal of a new statute that forbids local municipalities from “downzoning” measures
  • After hearing updates on the city’s affordable housing plan, elected leaders are considering zoning changes to promote more residential development intended for low-income residents. Implementation of the plan has been delayed by Hurricane Helene, but leaders may vote on three proposed zoning changes at the council’s Feb. 11 meeting. Possible changes include a reduction in minimum parking requirements, streamlining approvals for small developments, and zoning amendments related to housing construction in commercial or mixed-use areas.  

Every second and fourth Tuesday, Asheville City Council meets at the Council Chamber on the 2nd Floor of City Hall, 70 Court Plaza, beginning at 5 p.m. See the full recording of the Jan. 28 meeting and the agenda.

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Laura Hackett joined Blue Ridge Public Radio in June 2023. Originally from Florida, she moved to Asheville more than six years ago and in that time has worked as a writer, journalist, and content creator for organizations like AVLtoday, Mountain Xpress, and the Asheville Area Chamber of Commerce. She has a degree in creative writing from Florida Southern College, and in 2023, she completed the Craig Newmark Graduate School of Journalism at CUNY's Product Immersion for Small Newsrooms program. In her free time, she loves exploring the city by bike, testing out new restaurants, and hanging out with her dog Iroh at French Broad River Park.
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