§42-350.
Floodplain Development Permits
A.
Purpose. A Floodplain Development Permit shall be required for any new development in a Special
Flood Hazard Area (SFHA), except for watercourse alteration and stream bank restoration where the same
is permitted by the United States Corps of Engineers and, if applicable, the State of North Carolina (for
watercourse alteration and stream bank restoration where a proper and appropriate permit from the United
States Corps of Engineers and, if applicable, the State of North Carolina, has been granted, no further
permit from Henderson County is required).
B.
Permit Issuance. The Floodplain Administrator shall issue Floodplain Development Permits.
C.
Application.
(1)
Application. Application for a Floodplain Development Permit shall be made to the Floodplain
Administrator prior to any development activities proposed to be located within an SFHA. The
following items/information shall be presented to the Floodplain Administrator to apply for a
Floodplain Development Permit:
a.
A plot plan drawn to scale which shall include, but shall not be limited to, the following
specific details of the proposed floodplain development:
1.
The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility systems,
proposed grading/pavement areas, fill materials, storage areas, drainage
facilities, and other proposed development;
2.
The boundary of the Special Flood Hazard Area as delineated on the FIRM or
other flood map as determined in §42-233.2 (Basis for Establishing the Special
Flood Hazard Areas), or a statement that the entire lot is within the Special
Flood Hazard Area;
3.
Flood zone(s) designation of the proposed development area as determined on
the FIRM or other flood map as determined in §42-233.2 (Basis for Establishing
the Special Flood Hazard Areas); or a statement that the entire lot is within the
Special Flood Hazard Area;
4.
The boundary of the flood fringe area, if any, as set out in the FIRM;
5.
The boundary of the floodway(s) or non-encroachment area(s) as determined in
§42-233.2 (Basis for Establishing the Special Flood Hazard Areas);
6.
The Base Flood Elevation (BFE), where provided, as set forth in §42-233.2
(Basis for Establishing the Special Flood Hazard Areas); §42-311 (Henderson
County Floodplain Administrator) A (Powers and Duties Pursuant to this
Chapter) (14), (17), and (18); §42-235.4 (Standards for Floodplains without
Established Base Flood Elevations); and/or §42-235.5 (Standards for Riverine
Floodplains with BFE Data but Without Established Floodways);
7.
The old and new location of any watercourse that will be altered or relocated as
a result of the proposed development; and
8.
Certification of the plot plan by, or under the direct supervision of, a registered
land surveyor or professional engineer.
b.
Proposed elevation, and method thereof, of all development within a Special Flood
Hazard Area including but not limited to:
1.
Elevation in relation to mean sea level of the proposed reference level (including
basement) of all structures;
2.
Elevation in relation to mean sea level to which any nonresidential structure in
Zone AE, A or AO will be flood proofed; and
3.
Elevation in relation to mean sea level to which any proposed utility systems
will be elevated or flood proofed;
c.
If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data,
an operational plan, and an inspection and maintenance plan that include, but are not
limited to, installation, exercise, and maintenance of floodproofing measures. Back-up
plans from a registered professional engineer or architect certifying that the
nonresidential flood proofed development will meet the floodproofing criteria in Article
VIII (Natural Resources) Subpart A (Flood Damage Prevention) are also required.
  
d.
A Foundation Plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of Article VIII (Natural Resources) Subpart A
(Flood Damage Prevention) are met. These details include but are not limited to:
1.
The proposed method of elevation, if applicable (i.e., fill, solid foundation
perimeter wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear walls); and
2.
Details of sufficient openings to facilitate automatic equalization of hydrostatic
flood forces on walls in accordance with §42-235.2 (Specific Standards) D
(Elevated Structures) (3) when solid foundation perimeter walls are used in
Zones A, AO, and AE.
e.
Usage details of any enclosed space below the lowest floor.
f.
Plans and/or details for the protection of public utilities and facilities such as sewer, gas,
electrical, and water systems to be located and constructed to minimize flood damage.
g.
Copies of all other Local, State and Federal permits required prior to Floodplain
Development Permit issuance (Wetlands, Endangered Species, , Riparian Buffers,
Mining, etc.).
h.
Documentation for placement of recreational vehicles and/or temporary structures to
ensure the provisions of §42-235.2 (Specific Standards) F (Recreational Vehicles) are
met.
i.
Where the base flood elevation data is not provided, the application for a development
permit must show construction of the lowest floor at least two (2) feet above the highest
adjacent grade.
j.
A description of proposed watercourse alteration or relocation when applicable,
including an engineering report on the effects of the proposed project on flood-carrying
capacity of the watercourse and the effects to properties located both upstream and d
downstream; and a map (if not shown on plot plan) showing the location of the proposed
watercourse alteration or relocation.
(2)
Certification Requirements.
a.
Elevation Certificates.
1.
An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start
of any new construction. It shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of the elevation of the reference level,
in relation to mean sea level. Elevation certification shall be prepared by, or
under the direct supervision of, a professional land surveyor or professional
engineer and certified by same. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall be
corrected by the permit holder prior to the beginning of construction. Failure to
submit the certification or failure to make required corrections shall be cause to
deny a Floodplain Development Permit.
2.
An Elevation Certificate (FEMA Form 81-31) is required after the reference
level is established. Within seven (7) calendar days of establishment of the
reference level elevation, it shall be the duty of the permit holder to submit to
the Floodplain Administrator a certification of the elevation of the reference
level, in relation to mean sea level. Elevation certification shall be prepared by
or under the direct supervision of, a professional land surveyor or professional
engineer and certified by same. Any work done within the seven (7) day
calendar period and prior to submission of the certification shall be at the permit
holder’s risk. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further work being permitted to proceed. Failure
to submit the certification or failure to make required corrections shall be cause
to issue a stop-work order for the project.
3.
A Final As-Built Elevation Certificate (FEMA Form 81-31) is required after
construction is completed and prior to Floodplain Development Certificate of
Compliance/Occupancy issuance. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of final as-built
  
construction of the elevation and all attendant utilities. Said elevation
certification shall be prepared by, or under the direct supervision of, a registered
land surveyor or professional engineer and certified by same. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies detected
by such review shall be corrected by the permit holder immediately and prior to
Floodplain Development Certificate of Compliance/Occupancy issuance. In
some instances, another certification may be required to certify corrected as-
built construction. Failure to submit the certification or failure to make said
corrections required shall be cause to withhold the issuance of a Floodplain
Development Certificate of Compliance/Occupancy.
b.
Floodproofing Certificates. If nonresidential floodproofing is used to meet the regulatory
flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65)
with supporting data, an operational plan, and an inspection and maintenance plan are
required prior to the actual start of any new construction. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of the flood proofed
design elevation of the reference level and all attendant utilities, in relation to mean sea
level. Said floodproofing certification shall be prepared by or under the direct supervision
of a professional engineer or architect and certified by same. The Floodplain
Administrator shall review the certificate data, the operational plan, and the inspection
and maintenance plan submitted. Deficiencies detected by such review shall be corrected
by the applicant prior to Floodplain Development Permit approval. Failure to submit the
certification or failure to make required corrections shall be cause to deny a Floodplain
Development Permit. Failure to construct in accordance with the certified design shall be
cause to withhold the issuance of a Floodplain Development Certificate of
Compliance/Occupancy.
c.
Engineered Foundation Certificates. If a manufactured/mobile home is placed within
Zone A, AO, or AE and the elevation of the chassis is above 36 inches in height, an
engineered foundation certification is required per §42-235.2 (Specific Standards) B
(Manufactured/Mobile Homes).
d.
Certification Exemptions. The following structures, if located within Zone A, AO, or AE
are exempt from the elevation/floodproofing certification requirements specified in item
C(1) and C(2) above:
1.
Recreational Vehicles meeting the requirements of §42-235.2 (Specific
Standards) F (Recreational Vehicles)
2.
Temporary structures meeting requirements of §42-235.2 (Specific Standards)
G (Temporary Nonresidential Structures); and
3.
Accessory structures less than 150 square feet meeting requirements of §42-
235.2 (Specific Standards) H (Accessory Structures).
(3)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
The Board of Commissioners shall establish a Schedule of Fees, charges and expenses, and a
collection procedure, for permits, plan review, inspections, and other matters pertaining to Article
VIII (Natural Resources) Subpart A (Flood Damage Prevention). No application for a permit or
certificate shall be processed unless or until such fees, as established, and all estimated expenses
have been paid in full, nor shall any action be taken on appeals before the Henderson County
Flood Damage Prevention Board unless and until any fees and estimated expenses have been paid
in full.
D.
Permit Issuance. The Floodplain Development Permit shall include, but not be limited to:
(1)
A description of the development to be permitted under the Floodplain Development Permit
issuance.
(2)
The Special Flood Hazard Area determination for the proposed development in accordance with
available data specified in §42-233.2 (Basis for Establishing the Special Flood Hazard Areas).
(3)
The Regulatory Flood Protection Elevation required for the reference level and all attendant
utilities.
(4)
The Regulatory Flood Protection Elevation required for the protection of all public utilities.
(5)
All certification submittal requirements with timelines.
  
(6)
A statement that no fill materials or other development shall encroach into the floodway, non-
encroachment area, or the flood fringe area of any watercourse, if applicable, except as permitted
in §42-235.1 (General Standards), or pursuant to a Special Fill Permit issued pursuant to §42-255
(Special Fill Permits).
(7)
The flood opening requirements, if in Zones A, AO, or AE.
(8)
A
statement of limitations of below BFE enclosure uses (if applicable), including but not limited
to parking, structure access and limited storage only.
E.
Permit Validity. A Floodplain Development Permit shall be construed as permission to proceed with
work and not as authority to violate, cancel, alter, or set aside any of the provisions of Article VIII (Natural
Resources) Subpart A (Flood Damage Prevention) or any regulations included by reference. Issuance of a
permit shall not prevent the Floodplain Administrator from thereafter requiring correction of errors in plans
or construction, or violations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention).
(1)
Permit Revocation. 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.