Unified Development Ordinance, 25th Supplement, December 2022

Article 9.3. ​F​ loodprone Area Regulations | CHAPTER 9. ​NATURAL RESOURCE PROTECTION

c. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, greenways, bikeways, hiking or horseback-riding trails, botanical gardens, open space and other similar private and public recreational activities. d. Any other activity not employing a structure and not subject to floating away during a flood. e. Any activity employing a structure, provided all portions of any structure, including foundation and supports, shall be located outside the floodway area and that any structure which overhangs the floodway is elevated above the depth of the 500-year flood. 4. Legally permitted structures existing and lying within a FEMA floodway or FEMA non- encroachment area may be repaired, improved, strengthened and enlarged; provided that no construction is permitted which will: a. Enlarge the foundation area of the structure within the floodway or non encroachment area; b. Increase the bulk of the building or structure within the floodway below the base flood or future conditions flood level; or c. Enlarge the surface area perpendicular to the direction of flow of the watercourse to which the floodway relates. B. FEMA Floodway Fringe and FEMA Future Conditions Flood Hazard Area Standards Areas designated as FEMA floodway fringe or FEMA future conditions flood hazard areas are located within SFHAs. The following provisions shall apply to such areas: 1. New development applications received after July 19, 2022 proposing development within FEMA floodway fringe areas and FEMA future conditions flood hazard areas are subject to the FEMA Floodway and FEMA Non-Encroachment Area Standards in Sec. 9.3.6.A., unless they qualify for exempt status under Sec. 9.3.6.B.1.a. a. New development within the FEMA floodway fringe or FEMA future conditions flood hazard areas are exempt from Sec. 9.3.6.B.1. if one of the following applies: i. Any lot 0.5 acre or less in size which was recorded prior to July 19, 2022.

i. At or above the RFPE or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and ii. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Sec. 9.3.6. FEMA Designated SFHA Standards A. FEMA Floodway and FEMA Non-Encroachment Area Standards Areas designated as FEMA floodways or FEMA non-encroachment areas are located within SFHAs. These floodways and non-encroachment areas are extremely hazardous areas due to the velocity of flood waters which carry debris 1. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless: a. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator and/or his or her designee prior to issuance of flood permit; or b. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) also must be obtained within six (6) months of completion of the proposed encroachment. 2. If Sec. 9.3.6.A.1. is satisfied, all proposed development within FEMA floodways and FEMA non-encroachment areas shall comply with Sec. 11.4.6. and all applicable flood hazard reduction standards in Sec. 9.3.5. 3. Provided they are not otherwise restricted activities per Sec. 9.3.6.A.1., the following structures and activities are allowed within FEMA floodway and FEMA non- encroachment areas. a. General farming, pasture, outdoor plant or nurseries, horticulture, forestry, wildlife sanctuary, game preserves and other similar agricultural wildlife and related activities. b. Lawns, yards, gardens, parking areas, play areas and other similar uses. and potential projectiles and have erosion potential. The following provisions shall apply within such areas:

9 – 35 Pub l i s hed De c embe r 2022

Pa r t 10 : Un i f i ed Deve l opmen t Or d i nanc e C i t y o f Ra l e i gh , No r t h Ca r o l i na

Supp. No. 25