GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 266
Regulatory Reform Committee Substitute Adopted 4/16/25
Short Title: Historic Flood Event Bldg. Code Exemption. (Public)
Sponsors:
Referred to:
March 12, 2025
*S266 -v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ESTABLISH EXEMPTIONS FROM CERT AIN FLOODPLAIN 2
REQUIREMENTS FOR THE REPLACEMENT OR RECO NSTRUCTION OF 3
STRUCTURES DAMAGED B Y HISTORIC FLOOD EVE NTS; AND EXEMPTIONS 4
FROM SOLID WASTE COM POSTING RULES, STATE-ONLY STORMWATER AND 5
SEDIMENTATION CONTRO L REQUIREMENTS, STAT E-ONLY AIR QUALITY 6
PERMITS, SOIL AMENDM ENT OR COMPOST PRODU CT REGISTRATION, AND 7
FIRE CODE LIMITATIONS ON MULCH PILE STORAGE, FOR THE PROCESSING OF 8
TREE STUMPS AND OTHE R VEGETATIVE DEBRIS INTO MULCH OR SOIL 9
AMENDMENTS IN THE COUNTIES AFFECTED BY HELENE FOR A PERIOD OF 10
TWENTY-FOUR MONTHS. 11
The General Assembly of North Carolina enacts: 12
SECTION 1.(a) G.S. 143-138 is amended by adding a new subsection to read: 13
"(e1) Exemption for Historic Flood Event. – Notwithstanding any provision of law to the 14
contrary, including subsection (e) of this section, the North Carolina State Building Code, any 15
floodplain regulation established under Part 6 of Article 21 of this Chapter, a development 16
regulation established pursuant to authority in Chapter 160D of the General Statutes, or any other 17
local ordinance, the following shall apply: 18
(1) Replacement or reconstruction. – The owner of a lawfully established building 19
or structure damaged by a historic flood event may replace or reconstruct the 20
building or structure within the base floodplain, as defined in 21
G.S. 143-215.52(a)(1b), to the same or lesser extent or volume existing 22
immediately before the historic flood event, without regard to changes in State 23
or local regulations adopted after the building or structure was lawfully 24
established, subject to the limitation of subdivision (2) of this subsection. 25
(2) Limitation. – Replacement or reconstruction that increases the extent or 26
volume of the building or structure within the base floodplain shall not be 27
authorized unless hydrologic and hydraulic analyses, prepared in accordance 28
with standard engineering practice by a registered design professional, 29
demonstrate that the proposed replacement or reconstruction will not result in 30
any increase in the base flood elevation. 31
(3) Definitions. – For purposes of this subsection, the following definitions apply: 32
a. 200-year flood. – A flood having a one-half of one percent (0.5%) 33
probability of being equaled or exceeded in any given year, resulting 34
in floodwater elevations higher than the base flood elevation 35
associated with a 100-year flood. 36 General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 266-Second Edition
b. Historic flood event. – A flood event that meets or exceeds a 200-year 1
flood." 2
SECTION 1.(b) G.S. 143-215.54(a) reads as rewritten: 3
"(a) A Subject to G.S. 143-138(e1) and G.S. 160D-108, a local government may adopt 4
ordinances to regulate uses in flood hazard areas and grant permits for the use of flood hazard 5
areas that are consistent with the requirements of this Part." 6
SECTION 1.(c) No later than August 1, 2025, the Department of Insurance shall 7
prepare and submit to the Federal Emergency Management Agency (FEMA) for approval by that 8
agency the proposed changes set forth in subsections (a) and (b) of this section. 9
SECTION 1.(d) Subsections (a) and (b) of this section become effective on the later 10
of the following dates: 11
(1) October 1, 2025. 12
(2) The first day of a month that is 30 days after the Commissioner of Insurance 13
certifies to the Revisor of Statutes that FEMA has approved the proposed 14
changes set forth in subsections (a) and (b) of this section, as required by 15
subsection (c) of this section. The Commissioner shall provide this notice 16
along with the effective date of this act on its website. 17
SECTION 1.(e) The Department of Insurance shall report to the Joint Legislative 18
Commission on Governmental Operations on the status of their activities pursuant to subsection 19
(d) of this section quarterly, beginning September 1, 2025, until subsections (a) and (b) of this 20
section become law. 21
SECTION 2.(a) The Department of Environmental Quality, the Department of 22
Agriculture and Consumer Services, and a unit of local government, as applicable, shall waive 23
all of the following requirements, to the extent the requirements are State or local in origin and 24
not otherwise required to satisfy federal law, as they may apply to activities to process tree stumps 25
and other vegetative debris into mulch or soil amendments in the counties designated before, on, 26
or after the effective date of this act under a major disaster declaration by the President of the 27
United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Helene: 28
(1) Solid waste composting rules for Type 1 facilities under 15A NCAC 13B 29
.1400. 30
(2) Stormwater and sedimentation and erosion control requirements. 31
(3) Air quality permit requirements for vegetative debris processing equipment 32
under 15A NCAC 02D. 33
(4) Notwithstanding Article 2A of Chapter 106 of the General Statutes, and rules 34
adopted thereunder, soil amendment or compost product registration required 35
by the Department of Agriculture and Consumer Services. 36
(5) State Fire Code limitations on mulch pile storage. 37
SECTION 2.(b) This section is effective when it becomes law and expires July 1, 38
2027. 39
SECTION 3. Except as otherwise provided, this act is effective when it becomes 40
law. 41