GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2025

S                                                                                                                                                     1

SENATE BILL 266

Short Title:      Historic Flood Event Bldg. Code Exemption.		(Public)
Sponsors:	Senators Moffitt, Daniel, and Britt (Primary Sponsors).
Referred to:	Rules and Operations of the Senate

March 12, 2025

A BILL TO BE ENTITLED

AN ACT TO Establish Exemptions from Certain FloodPlain requirements for the replacement or reconstruction of structures damaged by historic flood events.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 143‑138 is amended by adding a new subsection to read:

"(e1) Exemption for Historic Flood Event. – Notwithstanding any provision of law to the contrary, including subsection (e) of this section, the North Carolina State Building Code, any floodplain regulation established under Part 6 of Article 21 of Chapter 143 of the General Statutes, a development regulation established pursuant to authority in Chapter 160D of the General Statutes, or any other local ordinance, the following shall apply:

(1) Replacement or reconstruction. – The owner of a lawfully established building or structure damaged by a historic flood event may replace or reconstruct the building or structure within the base floodplain, as defined in G.S. 143‑215.52(1b), to the same or lesser extent or volume existing immediately before the historic flood event, without regard to changes in State or local regulations adopted after the building or structure was lawfully established, subject to the limitation of subdivision (2) of this subsection.

(2) Limitation. – Replacement or reconstruction that increases the extent or volume of the building or structure within the base floodplain shall not be authorized unless hydrologic and hydraulic analyses, prepared in accordance with standard engineering practice by a registered design professional, demonstrate that the proposed replacement or reconstruction will not result in any increase in the base flood elevation.

(3) Definitions. – For purposes of this subsection, the following definitions apply:

a. 200‑year flood. – A flood having a one‑half of one percent (0.5%) probability of being equaled or exceeded in any given year, resulting in floodwater elevations higher than the base flood elevation associated with a 100‑year flood.

b. Historic flood event. – A flood event that meets or exceeds a 200‑year flood."

SECTION 1.(b)  G.S. 143‑215.54(a) reads as rewritten:

"(a)      A Subject to G.S. 143‑138(e1) and G.S. 160D‑108, a local government may adopt ordinances to regulate uses in flood hazard areas and grant permits for the use of flood hazard areas that are consistent with the requirements of this Part."

SECTION 2.  This act is effective when it becomes law.