Asheville staff preview UDO floodplain amendments, note pushback on 2-foot freeboard

City staff told the Asheville City Council Jan. 23 that proposed amendments to the Unified Development Ordinance (UDO) intended to align city rules with FEMA and state NFIP requirements remain under review and have prompted targeted community outreach and questions about a proposed 2‑foot freeboard for substantially damaged properties.

Assistant City Manager Ben Woody said staff held multiple outreach meetings (with the CBO, RAD roundtable and Biltmore Village Merchants Association) and an open house to explain technical requirements and available support. He said one consistent point of concern in public meetings has been the proposed 2‑foot freeboard requirement for structures deemed substantially damaged, and that staff expects some opposition at the Jan. 28 council meeting.

Why this matters: Freeboard is an elevation above base flood elevation used by insurance and building-code programs. Staff explained that the freeboard requirement is tied to regulatory base flood maps and that elevation is risk‑based: "the more you elevate, the lower your risk is, and therefore, the lower your insurance premiums will be," Ben Woody said. Amy from the state floodplain mapping program told council draft updated flood maps were expected in early–late winter 2025, followed by a public-review period.

Council members pressed staff for detail about historic structures. Jay Dundas and City Attorney Brad Branham explained that designated historic structures may pursue a variance from flood requirements through the Board of Adjustment; staff said they were working to streamline that process and to estimate how many substantially damaged buildings overlap with historic-designation status.

Staff emphasized the role of the Flood Assistance Support Team (FAST) as a central resource for property owners navigating rebuilding decisions, insurance and mitigation options. FAST staff had already scheduled several meetings in the first week and are working to help property owners pursue variance or designation where appropriate.

Staff presented two policy options that may come before council: (a) retain the staff recommendation requiring 2 feet above freeboard when substantial-damage thresholds apply, or (b) codify the rebuild trigger at freeboard (no additional 2-foot requirement). Brad Branham said staff had adjusted proposed amendments with the new state statute in mind and expressed his opinion that the proposed flood-protection amendments would not violate the recent downzoning law (Session Law 2024-57), though he recommended continued caution.

Staff said they expected to provide council additional data before the Jan. 28 meeting, including an approximation of how many substantially damaged structures may be designated historic or located in business districts such as Biltmore Village. Council and staff agreed public engagement and expedited variance support for historic properties will be important to reduce opposition and expedite rebuilds.