Planning Commission votes 4-1 to forward floodplain ordinance update to City Council

Planning Commission members voted 4-1 on Feb. 12 to forward a staff-initiated update to Lynchburg's floodplain ordinance to City Council for further consideration and a March public hearing.

Erin Hawkins, Lynchburg's floodplain manager with the Department of Water Resources, told the commission the update was prepared with the Departments of Community Development, Water Resources, Economic Development and the City Attorney's Office and reviewed by outside counsel and state and federal agencies. "As Rachel mentioned, this is a city initiated, STISI staff initiated update to the ordinance, and it was done, in conjunction with, the Departments of Community Development, Water Resources, Economic Development, and the City Attorney's Office as well," Hawkins said.

Why it matters: staff said the draft aligns the city ordinance with the Federal Emergency Management Agency's (FEMA) model ordinance and the National Flood Insurance Program (NFIP) minimum requirements, and therefore preserves Lynchburg's NFIP compliance. The revisions also contain two substantive proposals staff highlighted: (1) allow the underlying zoning uses to continue for certain preexisting structures located within the floodway to permit adaptive reuse (but not expansion or new construction); and (2) raise the residential freeboard requirement from 12 inches to 18 inches above the base flood elevation for new or substantially improved structures.

Hawkins said there are no mapping changes attached to the ordinance before the commission. She noted FEMA has signaled it will update floodplain maps in many communities, including Lynchburg, and that separate public outreach and an additional mapping process will follow later in 2025. "There is no mapping change, so we are not changing any physical boundary of any of the flood plain mapping at the city," Hawkins said.

Scope and technical changes: staff described most edits as administrative to match the model ordinance. On adaptive reuse, Hawkins said the change "allows the underlying zoning uses to occur for that structure" where a preexisting building lies within a designated floodway, but it "doesn't allow the structure to be expanded and it doesn't allow any new construction to be added to the parcel." On freeboard, Hawkins said staff recommends increasing the minimum finished floor elevation for new or substantially improved residential structures from 12 inches to 18 inches above the water-surface elevation, and that the change is consistent with DCR and FEMA recommendations.

Public comment: two surveyors and residents spoke during the hearing. Amy Seipp of AccuPoint Surveying and Design thanked staff for draft language that she said would help downtown redevelopment while retaining FEMA protections. Retired land surveyor Doyle Allen said he supported the ordinance generally but opposed raising freeboard above the federal minimum, saying surveyors and applicants typically reference the federal standard when preparing Letters of Map Amendment (LOMAs).

Next steps and timing: staff said the ordinance will go to a City Council work session on Feb. 25 and is scheduled for a Council public hearing on March 11. The commission's vote was to forward the ordinance; the formal adoption decision will be made by City Council.

Votes at a glance: The Planning Commission voted to forward the ordinance to City Council; the motion passed 4 to 1.

Ending: Staff emphasized the update was intended primarily to maintain NFIP compliance and that the city will return with more information once FEMA publishes public notice of upcoming mapping changes.