North Carolina’s Uniform Floodplain Management Policy for State Property

In January 2024, North Carolina updated its Uniform Floodplain Management Policy for State Property for the first time since 1990. The update was mandated through Executive Order 266 to account for rising risks of flooding and severe storms, which are being exacerbated by climate change and sea level rise. The policy governs design and building standards for state buildings to build resilience against flooding.

Per Article 4, the North Carolina Department of Administration’s (DOA) State Construction Office is tasked with the administration of the policy. The State Construction Office is responsible for both implementing the policy (which includes an extensive list of duties and responsibilities in Article 4, Section C) and ensuring that North Carolina is in compliance with the National Flood Insurance Program. Specific listed duties include reducing construction in the floodplain as much as possible, reviewing all proposed development and permits in flood hazard areas, and periodic inspections of flood hazard areas that intersect with state property.

The policy identifies building and design standards by levels of flood risk, distinguishing between the Special Flood Hazard Area (1% or greater chance of flooding in any given year), the Moderate Flood Hazard Area (between a 0.2 and 1% chance of flooding in any given year) and the Minimal Flood Hazard Area (land not included in the previous two categories), as established in cooperation with FEMA. For all three areas of risk, the policy mandates general standards for flood hazard reduction. These standards include flood resistant design and material requirements for all new construction or substantial improvements. Additionally, the policy requires that “all development…be constructed by methods and practices that minimize flood damage.” New utility systems, water supply systems, sewage systems, and on-site waste disposal systems must also be designed to minimize the impact of flooding on operation. The general provisions indicate that where structures are located in multiple flood hazard areas or base flood elevations, the stricter requirements apply.

In both the Special Flood Hazard Area (SFHA) and Moderate Flood Hazard Area (MFHA), consideration of nature-based infrastructure is required. In the SFHA, development must simply consider nature-based infrastructure, but in the MFHA “development activities shall incorporate nature-based infrastructure to reduce the risk posed by flooding and storm surge.” Nature-based infrastructure must be incorporated in development activities in the MFHA to the “maximum extent technically feasible.”

Following the general provisions, the policy provides flood-resistant design and building standards differentiated by flood hazard area, existence of Base Flood Elevation (BFE) data, and type of construction. These standards frequently reference the “Regulatory Flood Protection Elevation” which is determined by flood hazard area and involves the addition of different levels of freeboard to the BFE. More freeboard is required in coastal counties, especially in “sea level rise inundation areas,” which are areas projected to experience increased inundation or submergence because of sea level rise.

The Uniform Floodplain Management Policy for State Property was adopted by the NC Department of Administration in January 2024.

Publication Date: January 25, 2024

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