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City proposes floodplain ordinance updates, recommends raising freeboard to 18 inches
Summary
City planning staff proposed Feb. 25 updates to Lynchburg's floodplain ordinance that align local rules with state and federal requirements, allow limited adaptive reuse in floodways and raise the freeboard standard from 12 to 18 inches for new and substantially improved structures.
City staff on Feb. 25 proposed updates to Lynchburg's floodplain management ordinance to align local code with state and federal minimums, allow certain adaptive reuses in the floodway, and raise the city's freeboard requirement from 12 inches to 18 inches for new construction and substantially improved buildings.
Planner Erin Hawkins said the city's floodplain mapping dates from the 1970s and FEMA is working on updated maps; staff nonetheless recommended ordinance updates now so the local code aligns with current terminology and minimum standards. The proposed change would allow underlying zoning uses in some existing floodway structures to be treated as allowable uses unless specifically prohibited by floodplain requirements; staff said that could permit adaptive reuse of some pre-existing buildings in the floodway where previously reuse options were limited.
Freeboard change and applicability: Hawkins said Lynchburg's long-standing practice of requiring 12 inches of freeboard (additional elevation above the mapped water-surface elevation) would be increased to 18 inches. The higher freeboard standard would apply to new construction and to "substantial improvement," generally defined in the draft as reconstruction, rehabilitation, addition or improvement where costs exceed 50% of the structure's pre-improvement market value. Hawkins said staff is not proposing retroactive application for non-substantial improvements.
Council concerns and clarifications requested: Council members raised questions about how the substantial-improvement threshold could affect owners of older or lower-assessed properties after a fire or other damage, and whether low-income homeowners could be unduly burdened. Hawkins said staff would research options and speak with state officials before the March 11 public hearing, and noted floodproofing (using flood-resistant materials and elevating utilities) can be an alternative to full elevation in many cases. Hawkins also said historical structures can sometimes receive specific variance or allowance to preserve historic character while meeting safety objectives.
Next steps: Staff will return the proposed ordinance (zoning text amendment) for council action on March 11 and said they will provide additional analysis on consequences for reconstruction after loss and any available flexibility for owners who suffer fire or other damage.
Ending: Hawkins told council the higher freeboard is increasingly common in other Virginia localities and is intended to provide greater protection for structures in mapped floodplains; the ordinance, as drafted, focuses on structures physically within the mapped floodplain rather than properties whose rear lots touch floodplain areas.
