North Carolina, Hendersonville Flooding From Hurricane Helene; Strategic Housing Plan Steering Committee

The Hendersonville Strategic Housing Plan Steering Committee held a meeting to discuss housing shortage and zoning permits but one was denied due to the FEMA floodplain rules.

On November 18, 2024, after a long video presentation on the housing shortage in Hendersonville, North Carolinia, the Strategic Housing Plan Steering Committee voted down a new senior living apartment build based on the new FEMA 100-year; 500-year floodplain rules.

This article will first explain the new FEMA floodplain rules, federal matching grant programs, and the Environmental Justice EPA “Thriving Communities” program and how it has already impacted one new housing proposal in Hendersonville, North Carolina even when the housing shortage is dire. In January 2021, President Biden issued Executive Order 14008, creating an Executive Office of the President, a White House Environmental Justice Interagency Council (Interagency Council). The Chair of the Council on Environmental Quality (CEQ) shall serve as Chair of the Interagency Council. The Justice40 Initiative is a whole-of-government effort to ensure that federal agencies work with states and communities to solidify President Biden’s promise to deliver at least “40 percent of the overall benefits” from relevant federal investments to disadvantaged communities. According to the White House’s interim guidance, the initiative aims to direct investment benefits to disadvantaged communities from agency programs that fall into one or more of the following seven Justice40 investment areas:

• Climate change

• Disaster Recovery

• Clean energy and energy efficiency

• Clean transportation

• Affordable and sustainable housing

• Training and workforce development for Justice40

• Remediation and reduction of legacy pollution

Critical clean water and wastewater infrastructure Executive Order 14008 spearheaded the "Justice40 Initiative" whole-of-government approach and involves all federal agencies including Housing and Urban Development (HUD), Department of Energy (DOE), Office of Management and Budget (OMB), Department of Interior (DOI), and the Federal Emergency Management Agency (FEMA) and so much more.

September 2024 New Floodplain Rules

Last September. FEMA implemented new floodplain mapping rules which expanded the number of floodplain areas and regulatory rule changes to supplement the federal response to natural disasters. The Federal Flood Risk Management Standard (FFRMS) was established to encourage federal agencies to consider and manage current and future flood risks in order to build a more resilient nation. The standard was revoked by President Trump but then reinstated by President Biden through Executive Order 14030, Climate-Related Financial Risk, clarifying that the FFRMS as well as the guidelines for floodplain management under Executive Order 11988 should remain in effect. What does this mean to community funding after a disaster? I'll explain below. It requires agencies to prepare for and protect federally funded buildings and projects from flood risks. More specifically, it requires agencies to determine specific federal building or project dimensions – that is, how high and how wide and how expansive a building or project should be – in order to manage and mitigate any current or potential flood risks. The FFRMS requires agencies to select one of the three approaches for establishing the flood elevation (“how high”) and corresponding flood hazard area (“how wide”) used for project siting, design and construction:

Freeboard Value Approach (FVA): The elevation and flood hazard area that result from adding an additional 2 feet to the base flood elevation for non-critical actions and by adding an additional 3 feet to the base flood elevation for critical actions; or 500-year floodplain: The area subject to flooding by the 0.2% -annual-chance flood. The above FFRMS rules expands across all agencies that provide funding for housing, public community services, farming and agriculture, health services and so more.

In 2023, EPA and the Federal Emergency Management Agency (FEMA) updated a Memorandum of Agreement that makes it easier for the two agencies to work together to help communities become safer, healthier, and more resilient. The agencies collaborate to help communities hit by disasters rebuild in ways that protect the environment, create long-term economic prosperity and enhance neighborhoods. FEMA and EPA also help communities incorporate strategies that improve quality of life and direct development away from vulnerable areas into their hazard mitigation plans. EPA and FEMA are using the lessons they learn from working together under this agreement and with other federal agencies to better coordinate assistance to communities on hazard mitigation planning and post-disaster recovery. The Memorandum of Agreement also helps the agencies work together on climate change adaptation.

Disaster Resilience Projects

Community Change Equitable Resilience Technical Assistance (2023-2024) In November 2023, EPA launched the Community Change Equitable Resilience Technical Assistance program. Offered in conjunction with the Community Change Grant Notice of Funding Opportunity (NOFO), this technical assistance provided design and project development assistance, community engagement and partnership development workshops that support climate resilience and environmental justice activities in disaster-prone areas. EPA provides many grant programs including to help communities plan for an increase in electric vehicles and develop strategies to fund and implement clean transportation, including EV-charging infrastructure, EPA is partnering with a range of federal and community-based organizations. Other funding programs focus on the "Cool & Connected" concept providing planning assistance to help community members develop strategies and an action plan for using broadband to create walkable, connected, economically vibrant main streets and small-town neighborhoods. EPA offered this technical assistance to up to 50 recipients nationwide.

The EPA’s FY2022-FY2026 strategic plan outlines the agency’s most recent approach to implementing E.O.s, including E.O. 12898, E.O. 14008, and E.O. 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” In the strategic plan, the agency sets a goal to “take decisive action to advance environmental justice and civil rights” and outlines three related objectives: (1) promoting environmental justice at the federal, tribal, state, and local levels; (2) embedding environmental justice into EPA’s programs, policies, and activities; and (3) strengthening civil rights enforcement in communities with environmental justice concerns. All federal matching grant funding to NGOs must meet the minimum ceiling of 40% to the vulnerable and disadvantaged communities. Some NGOs have set a goal of allocating 100% of the funds to only chosen disadvantaged groups.

Back to Hendersonville, NC

Back to Hendersonville, NC At the Steering Committee on November 18th, Travis Fowler, the owner and CEO of First Victory Inc., presented a proposal to the advisory board to build a four-story 185-unit apartment building on a nine-acre site that was under several feet of water during Hurricane Helene flooding.

While acknowledging the severe flooding from the epic storm on Sept. 27, Fowler asserted that there was a way to keep the land above the flood. “What’s different about this site than any other site? Well, about a month ago, we had a historic flood in the area,” he said. “I’ve heard 1,500 years, I’ve heard medieval. So we went out, we evaluated that elevation, then we took a look at our site plan, and guess what’s new? Our site, because we’re raising the elevation (by 3 to 5 feet), won’t flood anymore.” Report provided by Henderson Lighting

“What’s different about this site than any other site? Well, about a month ago, we had a historic flood in the area,” he said. “I’ve heard 1,500 years, I’ve heard medieval. So we went out, we evaluated that elevation, then we took a look at our site plan, and guess what’s new? Our site, because we’re raising the elevation (by 3 to 5 feet), won’t flood anymore.” Only 1,536 square feet of the nine-acre proposed site is in the floodplain, and it backs up to a floodway — an even more flood-prone area closer to Mud Creek. The city-owned property at the rear is posted with a Flood Zone! sign warning. Travis Fowler stated “The tenants will be able to walk right down the road and hop on the Ecusta trail. They’ll be able to walk to town,” he added. “They’ll be able to go to any of the four grocery stores that are right in the area. We’re redeveloping a piece of property that was already developed.”

The rezoning request recommendation went to the City Council failing on a 3-3 vote, with a no recommendation. The below video is from the Hendersonville City Strategic Housing Plan Steering Committee. The meeting explains the areas that were flooded, the FEMA floodplain areas, and the lack of affordable housing units.

To meet current and future demand, Hendersonville will need approximately 10,000 housing units overall, with 2,000 for low-to-moderate income families.

Federal, State and Local Federal Funding; Grants and Cooperative Agreements

The EPA issues grants and cooperative agreements to support and stimulate a public purpose. These assistance relationships are established if EPA's principal purpose is to transfer funding, property, services, or anything of value to a recipient to accomplish a public purpose or to stimulate a particular area of interest authorized by law.

Grants are used when:

1. No substantial programmatic involvement is anticipated between the EPA and the recipient during performance of the financially assisted activities, thus allowing the recipient significant freedom of action in carrying out the assistance project; and there is no expectation on the part of the EPA of a specified service or end product for use by the EPA. Grants are the funding mechanism for the Justice40 Initiative whereby the NGO enters into a Community Benefit Program with local municipalities to implement their goals and initiatives. Per the Emerald City Justice40 playbook Community Benefit Plans share foundational language with community benefit contractual agreements and community workforce agreements, but go a step further in centering community voices and leadership.

Community Benefit Agreement Pillars:

a). community-driven and developed;

b). rooted in equity principles and values;

c). focused on the needs and priorities of under-resourced communities; and a process or tool to build or deepen a multi-stakeholder table that includes community, labor, businesses, and government officials. community-driven and developed; and

d). rooted in equity principles and values; rooted in equity principles and values;

Cooperative agreements are used when:

2. The applicant is responding to a specific EPA announcement for cooperative agreements and must tailor the proposal to the announcement's requirements; and substantial programmatic involvement is anticipated between the EPA and the recipient during the performance of the activities. RTI International is one large NGO secured funding in 2023 under the EPA cooperative agreement arrangement. RTI International, a nonprofit research institute, has been awarded a $100 million cooperative agreement under the Environmental Protection Agency’s (EPA’s) Environmental Justice Thriving Communities Grantmaking program (EJ TCGM). RTI, with its community partners, will serve as the Region 4 Grantmaker, as well as a one of the three National Grantmakers to provide support to the central U.S. (EPA Regions 4-7).

In partnership with North Carolina Central University (CARES Center), the Southern Environmental Law Center, the University of Kentucky, and the National Center for Healthy Housing, RTI will continue to serve EPA’s Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and six Tribal Nations) through a participatory governing model. The program will build capacity through assessment, planning, and project development in the distribution of grant funding to disadvantaged communities.

North Carolina, Strategic Buyout Program

The Rebuild NC Strategic Buyout Program will provide funding for purchasing eligible properties at current Fair Market Value and will provide incentives to eligible participants. Program participants may also be eligible for up to two program incentives in addition to the purchase price. Once purchased, the property will be owned by the local municipality or county and the program will demolish the purchased structure and clear the debris. Land will be held in perpetuity for passive space such as a park, flood storage or overflow area and may not be redeveloped.

A restrictive covenant referenced in the deed shall ensure that the properties purchased under the Strategic Buyout Program will never be redeveloped and will be maintained as greenspace in perpetuity. As part of the closing process, the deed with restrictive covenants will be recorded in the Register of Deed’s office in the county where the property is located. HUD regulations state that buyout programs that provide monetary incentives may also meet the national objectives. The Strategic Buyout Program plans to meet national objective requirements under the following activities and national objective codes:

1. Low/Moderate Income (LMI) - Activities which benefit low- and moderate-income individuals, such as providing an area benefit to an LMI area, establishing benefits to limited clientele, or housing LMI individuals and households.

2. Low/Mod Housing (LMH) - by providing funds for the purchase of eligible properties from LMI households that will result in a new permanent residential housing situation (see Section 6.1 for a listing of potential funding that may be provided under a Strategic Buyout Program purchase).

3. Urgent Need Mitigation (UNM) - to provide funding for the purchase of eligible properties at the current Fair Market Value from owners whose household income exceeds the 80% threshold for LMI. This code will also be used for the Matching Down Payment incentive when provided to eligible program participants with household incomes from 80% to 120%. Utilizing this national objective for the use of CDBG-MIT funds in the Strategic Buyout Program addresses current and future flood and storm risks in MID areas by allowing property owners to relocate from areas identified as being high risk.

   

IMPORTANT NOTICE NORTH CAROLINA:

Now is your opportunity to provide comments regarding Rebuild North Carolina recovery funding and potential suggestions to rule changes in light of the devastation has damaged or destroyed homes. Deadline is December 14, 2024.

The N.C. Office of Recovery and Resiliency (NCORR) is seeking public comments through Dec. 14 on a proposed amendment to the action plan for administering HUD Community Development Block Grant-Mitigation funds. The proposed action plan amendment is intended to address homeowner mitigation needs, including establishing the Residential Property Elevation Fund, which will be used to rehabilitate, reconstruct or replace properties located in a floodplain or at risk of future flooding.

The new fund will help protect properties against future flood damage through structural elevations and related activities. This fund is separate from the Community Development Block Grant-Disaster Recovery-funded ReBuild NC Homeowner Recovery Program which primarily serves properties that do not need home elevation. Proposed changes include allocations to the Affordable Housing Development Fund, Public Housing Restoration Fund, Infrastructure Recovery Program and Strategic Buyout Program, among other updates. A draft of the new Substantial Action Plan Amendment 6 for Mitigation funding is available for review online.

The public is strongly encouraged to submit comments by email to ncorr.publiccomments@ncdps.gov or by U.S. Postal Service mail to: NCORR Public Comments, P.O. Box 110465, Durham, NC 27709. Public comments on the new draft action plan must be submitted no later than 5 p.m. on Saturday, Dec. 14, 2024. In addition to mitigation initiatives, NCORR administers programs that include long-term disaster recovery, resiliency, community development, affordable housing, strategic buyout and local infrastructure. Learn more about NCORR programs

State and local municipalities leaders need to understand fully the non-profit organizations and the type of agreement before entering a contract. Is it a cooperative agreement with the EPA or the Justice40 Initiative Community Benefit Plan that has full authority to write the by laws and rule requirements of how the funds will be appropriate. Now is the time for North Carolina elected officials, lawyers, and local authorities to provide comment with suggestions on changes to the above information for your state. This is the Biden 30x30 Conservation Plan and residents are at real risk of losing their private property.

On a personal note, I experienced both hurricane Helene and Milton; although my policy background is focused on Employment Law and Organizational Policy, my background allowed me to study the complicated world of federal disaster recovery regulations with hopes to educate and encourage elected officials to change policy for the benefit of the people. The hundreds of hours of research time spent on this project is all completely voluntary. If you can’t afford a yearly subscription to my Substack, I also have a Buy Me A Coffee account. A one time contribution in any amount is greatly appreciated.

God Bless You All.