Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Floodplain Policy topic
No spam. Unsubscribe anytime.
Mills River adopts 180-day moratorium on non-residential development in special flood hazard areas
Summary
After a public hearing, the council approved a 180-day moratorium focused on permitting for non-residential development in special flood hazard areas (with agricultural uses exempt), directing staff to draft longer-term ordinance language and rely on the most recent FEMA maps.
The Mills River Town Council on voice vote adopted a 180-day moratorium that temporarily restricts permitting for non-residential development within areas mapped as special flood hazards.
Staff presented a draft moratorium focused on the town'9s permitting authority for zoning, watershed and special-use permits in mapped flood hazard areas. The draft clarifies that agricultural uses are exempt from the moratorium and that the town will rely on the most recent FEMA Flood Insurance Rate Maps for area delineation. The moratorium duration is up to 180 days; staff said the council may end it earlier or extend it after additional study.
Property owners and council members questioned the moratorium'9s interaction with properties that are elevated above the base flood elevation. Jeff Young, who owns Valley Egg Farm and other parcels, requested a provision allowing a landowner to submit an elevation certificate from a licensed surveyor to demonstrate that a parcel is above the base flood elevation and therefore not subject to the moratorium'9s permit restrictions. Staff acknowledged the concern and said language could be drafted for council consideration.
Council members discussed legal limits on local authority and whether the town can enact a moratorium that effectively prohibits fill or grading in all mapped floodplain areas; staff said the draft focuses on non-residential uses and watershed permitting authority and that additional legal review may be needed for broader controls. The town attorney reviewed the draft and advised staff during preparation, according to staff comments.
The council closed the public hearing and adopted the ordinance by voice vote. The adopted ordinance was described in the meeting as "Ordinance 2025-xx: establishing a moratorium on non-residential development in special flood hazard areas." Staff said they will return with refined draft ordinance language addressing survey/elevation certificate procedures and any other clarifications the council requests.
