Planning board backs removing five-year cumulative improvement rule from floodplain ordinance to comply with SB 180

County staff (Mingle) told the Planning and Development Board on Nov. 12 that changes to the floodplain management ordinance are required to comply with Senate Bill 180 (effective June 26, 2025). The principal change recommended is deleting the local five-year cumulative substantial-improvement period, a rolling tally staff described as aggregating permits or repairs that reach a 50% market-value threshold within a five-year window and which could force property owners to bring structures into full compliance.

Mingle explained how the five-year cumulative provision worked in practice, using a hypothetical house that accumulates multiple repairs or improvements over time until the cumulative total reaches 50% of market value, at which point the work would be treated as a substantial improvement. He said the state legislature’s change removes that local cumulative period and that the county ordinance must be amended to remain in statutory compliance.

Public comment included Raymond Royer, who described his experience being classified nonconforming by a cumulative-improvement tally and urged careful consideration. ‘‘I had a 6 and a half foot setback, and then you just put a 10 foot setback on me… So I would consider, not disfavoring this SB 180 bill,’’ Royer said, adding that the county should proceed cautiously.

After public comment a board member moved to recommend approval of the ordinance change to the Board of County Commissioners; the motion was seconded and passed unanimously. Staff said first reading before the BOCC is scheduled for Nov. 17, with a second-reading/adoption opportunity Dec. 1 if the BOCC proceeds.