§42-311.
Henderson County Floodplain Administrator
A.
Powers and Duties Pursuant to This Chapter. The Floodplain Administrator shall have the following duties
with respect to this Chapter, to be carried out in accordance with the terms of this Chapter:
(1)
Administer. To administer and implement the provisions of Article VIII (Natural Resources)
Subpart A (Flood Damage Prevention).
(2)
Interpretation. To interpret the terms and provisions of this Article VIII (Natural Resources)
Subpart A (Flood Damage Prevention). 
(3)
Enforcement. To enforce the provisions of this Article VIII (Natural Resources) Subpart A (Flood
Damage Prevention)including properly investigating complaints from persons who allege that
violations of this Chapter have occurred and initiating appropriate action as necessary to prevent,
enjoin, abate or remove any violations found. The Floodplain Administrator, or his/her duly
authorized representative, may enter any building, structure or premises, as provided by law, to
perform any duty imposed upon him/her by this Chapter.
(4)
Staff Support. To provide staff support to the Flood Damage Prevention Board.
(5)
Maintenance of Maps, LOMAs and Records.
a.
Maintain a current map repository to include, but not limited to, the FIS Report, FIRM
and/or other official flood maps/studies adopted in accordance with Article VIII (Natural
Resources) Subpart A (Flood Damage Prevention), including any revisions thereto
including Letters of Map Amendment (LOMA), issued by State and/or FEMA. Notify
State and FEMA of mapping needs.
b.
Maintain, in the Floodplain Development Permit file, a copy of all Letters of Map
Amendment (LOMAs) issued from FEMA.
c.
Maintain, permanently, all records that pertain to the administration of Article VIII
(Natural Resources) Subpart A (Flood Damage Prevention) and make these records
available for public inspection, recognizing that such information may be subject to the
Privacy Act of 1974, as amended.
(6)
Coordinate Revisions to FIS Reports and FIRMs. Coordinate revisions to FIS reports and FIRMs,
including Letters of Map Revision on Fill (LOMR-F) and Letters of Map Revision (LOMR).
(7)
Alteration/Relocation of Watercourses.
a.
Notify adjacent communities and the North Carolina Department of Crime Control and
Public Safety, Division of Emergency Management, State Coordinator for the National
Flood Insurance Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to FEMA.
b.
Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is maintained.
(8)
Interpret Boundaries. Interpret, as needed, the exact location of boundaries of the Special Flood
Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided by §42-379 (Appeals).
(9)
Inspections of the Special Flood Hazard Area. Make periodic inspections throughout the Special
Flood Hazard Areas within the jurisdiction of Henderson County. In exercising this power, the
Floodplain Administrator (or his/her designee) has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of Henderson County at any
reasonable hour for the purposes of inspection or other enforcement action.
(10)
Prevent Encroachments. Prevent encroachments within floodways and non-encroachment areas
unless the certification and flood hazard reduction provisions of §42-235.6 (Floodways or Non-
Encroachment Areas) are met.
(11)
Consider Effects of Proposed Artificial Obstructions. Consider the effects of a proposed
artificial obstruction in a floodplain in creating danger to life and property, prior to the issuance of
any permit, by: (1) water which may be backed up or diverted by such obstruction; (2) the danger
that the obstruction will be swept downstream to the injury of others; and (3) the injury or damage
to the site of the obstruction itself. For this purpose, the Floodplain Administrator may take into
account anticipated development in the foreseeable future which may be adversely affected by the
obstruction, as well as existing development.
  
(12)
Review Applications and Issue Permits. Review all floodplain development applications and
issue permits (floodplain development and special fill permits) for all proposed development
within Special Flood Hazard Areas to assure that the requirements of Article VIII (Natural
Resources) Subpart A (Flood Damage Prevention) have been satisfied.
(13)
Advise of Other Permits. Advise permittee that additional Federal or State permits (i.e.,
Wetlands, Endangered Species, Riparian Buffers, Mining, etc.) may be required, and if specific
Federal or State permits are known, require that copies of such permits be provided and
maintained on file with the Floodplain Development Permit (see §42-350 (Floodplain
Development Permits)).
(14)
Advise of LOMA Option. Advise the property owner of the option to apply for a Letter of Map
Amendment (LOMA) from FEMA, when the lowest floor and the lowest adjacent grade of a
structure or the lowest ground elevation of a parcel in the Special Flood Hazard Area are above
the Base Flood Elevation (BFE).
(15)
Obtain Actual Elevations. In accordance with the provisions of §42-350 (Floodplain
Development Permits) C (2) (Certification Requirements), obtain actual elevation (in relation to
mean sea level):
a.
Of the reference level (including basement) and all attendant utilities of all new or
substantially improved structures;
b.
To which all new and substantially improved structures and all utilities have been flood
proofed; and
c.
Of all new public utilities (also in accordance with the provisions §42-235.2 (Specific
Standards) B (Nonresidential Construction)).
(16)
Obtain Certifications. Obtain certifications from a registered professional engineer or architect
in accordance with the provisions of §42-350 (Floodplain Development Permits) C (2)
(Certification Requirements) and §42-235.2 (Specific Standards) B (Nonresidential Construction),
when floodproofing is utilized for a particular structure.
(17)
Obtain, Review and Utilize BFE Data. Obtain, review, and reasonably utilize any Base Flood
Elevation (BFE) data, along with floodway data and/or non-encroachment area data available
from a Federal, State, or other source, including data developed pursuant to Article VIII (Natural
Resources) Subpart A (Flood Damage Prevention), when BFE data have not been provided in
accordance with §42-233.2 (Basis for Establishing the Special Flood Hazard Areas), in order to
administer the provisions of Article VIII (Natural Resources) Subpart A (Flood Damage
Prevention).
(18)
Obtain, Review and Utilize Floodway/Non-Encroachment Area Data. Obtain, review and
reasonably utilize any floodway data, or non-encroachment area data available from a Federal,
State, or other source, when Base Flood Elevation (BFE) data are provided but no floodway nor
non-encroachment area data have been provided, in accordance with §42-233.2 (Basis for
Establishing the Special Flood Hazard Areas) in order to administer the provisions of Article VIII
(Natural Resources) Subpart A (Flood Damage Prevention).
(19)
Inspection of Work In-Progress. Make on-site inspections of work in progress, or of any
location for which a permit under this Subpart A has been either been applied or granted. As the
work pursuant to a Floodplain Development Permit progresses, the Floodplain Administrator shall
make as many inspections of the work as necessary to ensure that the work is being done
according to provisions of Subpart A and the terms of the permit. In exercising this power, the
Floodplain Administrator (or his/her designee) has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of Henderson County at any
reasonable hour for the purposes of inspection or other enforcement action.
(20)
Stop-Work Orders. Whenever a structure or part thereof is being constructed, reconstructed,
altered, or repaired in violation of Article VIII (Natural Resources) Subpart A (Flood Damage
Prevention), the Floodplain Administrator may order the work to be immediately stopped. The
stop-work order shall be in writing and directed to the person doing or in charge of the work. The
stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage,
and the condition(s) under which the work may be resumed. Violation of a stop-work order
constitutes a misdemeanor.
(21)
Revoke Floodplain Development Permits. The Floodplain Administrator may revoke and
require the return of the Floodplain Development Permit by notifying the permit holder in writing
  
stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure
from the approved application, plans, and specifications; for refusal or failure to comply with the
requirements of State or local laws; or for false statements or misrepresentations made in securing
the permit. Any Floodplain Development Permit mistakenly issued in violation of an applicable
State or local law may also be revoked.
(22)
Certificates of Compliance. Issue certificates of compliance for permitted projects once as-built
certifications have been received and approved and once final inspections have been completed.
(23)
Variances. Review flood damage prevention variance requests and make recommendations to
the Flood Damage Prevention Board for final action thereon and to report any flood damage
prevention variances to FEMA and the State of North Carolina upon request.
(24)
Corrective Procedures. Follow through with corrective procedures of §42-378 (Violations of
Article VIII (Natural Resources) Subpart A (Flood Damage Prevention)).
(25)
Require Statements, Certificates, and Certifications. Require written statements, certificates and
certifications or the filing of reports under oath, with respect to pertinent questions relating to
complaints or alleged violations of Article VIII (Natural Resources) Subpart A (Flood Damage
Prevention).
(26)
Records of Appeals. To maintain records of all appeal actions.
(27)
Additional Powers and Duties. Perform such additional powers and duties as may be set forth for
the Floodplain Administrator elsewhere in this Chapter and in other laws and regulations.