Executive summary 8 I. Introduction 26 II. State government capability 28



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CAPABILITY ASSESSMENT





EXECUTIVE SUMMARY 8

I. INTRODUCTION 26

II. STATE GOVERNMENT CAPABILITY 28

NORTH CAROLINA STATE GOVERNMENT STRUCTURE 31



The Judicial Branch 31

The Legislative Branch 31

The Executive Branch 33

NORTH CAROLINA OFFICE OF THE GOVERNOR 34

Governor’s Policy Office 34

NC Commission on Volunteerism and Community Service 34

Governor’s Legislative Office 34

Governor’s Office for Intergovernmental Relations 35

Governor’s Communication Office 35

Citizen and Community Service Office 35



The Office of State Budget and Management 35

Capital Improvement Planning Act 35

NORTH CAROLINA OFFICE OF THE LIEUTENANT GOVERNOR 36

NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY 36



NC National Guard 37

State Highway Patrol 37

NC Civil Air Patrol 37

State Emergency Response Commission (SERC) 39

State Emergency Response Team (SERT) 39

Emergency Management Division 40

Organization of the Division 40

NCDEM Branch and Area Offices 41

NCDEM Responsibilities 41

The Stafford Act/Disaster Mitigation Act of 2000 41

Mitigation Planning Under DMA 2000 and SB 300 43

The State Hazard Mitigation Advisory Group (SHMAG): Developing the State Hazard Mitigation Plan 43

Natural Hazards Advisory Panel 44

NC Statewide Mutual Aid Agreement 45

Working with Local Governments 46

Promoting Hazards Awareness and Research 46

State and Federal Support for the Division of Emergency Management 47



NC Division of Emergency Management, Hazard Mitigation Branch 47

The Hazard Mitigation Planning Initiative 49

Coordination of Local Hazard Mitigation Planning Programs 51

Local Plan Review 51

North Carolina Division of Emergency Management, Geospatial and Technology Management Section, Floodplain Mapping Program 52

Community Rating System 54



North Carolina Division of Emergency Management, Homeland Security Planning Section 54

Homeland Security Planning Section NC State Homeland Security Strategy 54

Homeland Security Planning Section NC Emergency Operations Plan 55

Local Emergency Operations Plans 56

Homeland Security Planning Section NC Hazardous Materials Program 56

NC Division of Emergency Management, Operations Section 57

NORTH CAROLINA DEPARTMENT OF INSURANCE 57

DOI Support for the NFIP 58

Office of the State Fire Marshal 58

Office of the State Fire Marshal, Engineering Division 59

North Carolina State Building Code 59

Building Code Administration at the Local Level 60

Office of the State Fire Marshal, Manufactured Building Division 61

Office of the State Fire Marshal, Fire and Rescue Commission Division 61

Office of the State Fire Marshal, Program Development, Prevention and Grants Division 62

Office of the State Fire Marshal, Fire and Rescue Training and Inspection Division 62

NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 62

Environmental Management Commission 63

Division of Water Quality 63

Division of Water Quality, NC Wetlands Restoration Program 63

Local Watershed Planning Initiative 64

NC Ecosystem Enhancement Program (EEP) 64

Division of Water Quality, Water Quality Section 65

Water Quality Section, Stormwater Unit 65

Division of Water Quality, Groundwater Section 66

Division of Water Quality, Basinwide Water Quality Planning 67



Division of Water Resources 67

North Carolina Drought Management Advisory Council 67

Division of Water Resources River Basin Water Supply Planning 68

Division of Water Resources, Water Allocation Section 68

Division of Water Resources, Water Supply Planning Section 69

Division of Water Resources, Public Water Supply Section 70

Division of Water Resources, On-Site Wastewater Section 71

Division of Waste Management 71

Division of Waste Management, Solid Waste Section 71

Division of Waste Management, Underground Storage Tank Section 71

Division of Waste Management, Hazardous Waste Section 72

Division of Waste Management, Superfund Section 72

Division of Parks and Recreation 72

State Parks Land Acquisition Program 73

Natural and Scenic Rivers System 73

Division of Coastal Management 73

Coastal Resources Commission/Coastal Resources Advisory Committee 74

Coastal Area Management Act (CAMA) 74

CAMA Coastal Counties 75

CAMA Land-Use Planning 75

Areas of Environmental Concern 76

CAMA Permits 77

Shoreline Erosion Rates 78

Oceanfront Erosion Response 79

Post-Storm Reconstruction 79

Maps and Data 80

Wetlands Protection 80



Division of Energy, Mineral, and Land Resources 81

Division of Energy, Mineral, and Land Resources Land Quality Section 81

Dam Safety Program 82

Erosion and Sedimentation Program 84

Sedimentation Control Commission 84

Mining Program 84

Division of Energy, Mineral, and Land Resources NC Geological Survey 84

NC Natural Heritage Trust Fund 85

Clean Water Management Trust Fund 86

Swine Operation Grant 87

Stormwater Management Grants 87

Riparian Buffer, Floodplain and Wetlands Grants 88

Barrier Island Grants 88

Wildlife Grants 88

Stream Restoration 88

CWMTF: Water Quality and Flood Mitigation 89



Million Acre Initiative 89

NC Conservation Tax Credit Program 90

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 90



NCDOT Office of the Secretary 91

NCDOT Public Information Office 91

NCDOT Planning and Environmental Division 92

Planning and Environmental Division, Project Development and Analysis Branch 92

Project Development Unit 92

Office of Natural Environment 93

Office of Human Environment 93

Planning and Environmental Division, Program Development Branch 95

Transportation Improvement Plan Unit 95

Enhancement Unit 96

Planning and Environmental Division, Transportation Planning Branch 96

GIS Unit 96

Traffic Survey Unit 97

Transportation Planning Unit 97



NCDOT Division of Highways 97

Traffic Evacuation Management Plan for Interstate 40 98

Highway NC 12 98

NCDOT Division of Highways, Construction and Materials Branch, Roadside Environmental Unit 100

NCDOT Division of Highways, Highway Design Branch, Hydraulics Unit 100

NCDOT Division of Highways, Highway Design Branch, Geotechnical Engineering Unit 101

NCDOT Division of Highways, Highway Operations, State Road Maintenance Unit 101

North Carolina Correction Enterprises 102

Permanent Housing Initiative 102

NORTH CAROLINA DEPARTMENT OF COMMERCE 103



State Infrastructure Council 103

State Economic Development Board 104

NC Board of Science and Technology 104

The Oregon Inlet Project 104

Public Staff of the Utilities Commission 105

Rural Electrification Authority 105

State Ports Authority 106

Business and Industry Division 106

Division of Tourism, Film and Sports Development 106

Tourism Grant Programs 107

Hurricane Evacuation of Coastal Counties 107

Policy, Research and Strategic Planning Office 107

Division of Community Assistance 108

Division of Community Assistance Main Street Program 108

Division of Community Assistance Community Planning Program 108

Division of Community Assistance CDBG Program 109

Division of Community Assistance State Development Zones Program 110

NORTH CAROLINA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES 111



Division of Public Health 111

Division of Public Health Epidemiology Branch 111

Division of Public Health Office of Public Health Preparedness and Response 111

Division of Public Health Communicable Disease Control Branch 113



Division of Mental Health, Developmental Disabilities and Substance Abuse Services 113

Disaster Preparedness Program 113

Hope After Program 113

NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 114



Emergency Programs Division 115

Public Affairs Division 116

Standards Division 116

Aquaculture and Natural Resources Division 116

Agronomic Services Division 117

Veterinary Division 117

North Carolina State Animal Response Team 117

NORTH CAROLINA DEPARTMENT OF ADMINISTRATION 118



NC State Environmental Review Clearinghouse 118

Office of State Property 119

State Building Commission 119

State Construction Office 120

Executive Order 123, the “Uniform Floodplain Management Policy” 121

NORTH CAROLINA HOUSING FINANCE AGENCY 122

NORTH CAROLINA UTILITIES COMMISSION 122

STATE CLIMATE OFFICE OF NORTH CAROLINA 124

NC ECONet 125

NORTH CAROLINA COMMUNITY COLLEGE SYSTEM 126

THE UNIVERSITY OF NORTH CAROLINA 127



The Institute of Government 127

The University of North Carolina at Chapel Hill 128

The University of North Carolina at Wilmington 128

UNCW Center for Marine Science 128



North Carolina State University 129

State Climate Office 129

Water Resources Research Institute of UNC 129

Western Carolina University 129

East Carolina University 130

North Carolina Sea Grant 130

North Carolina Cooperative Extension 131

NORTH CAROLINA REAL ESTATE COMMISSION 132

NC Residential Property Disclosure Law 132

III. LOCAL GOVERNMENT CAPABILITY 134

INTRODUCTION 134



Each Community Is Unique 137

Fiscal Capability 138

Technical and Technological Capability 141

Technical Capability 141

Technological Capability 141

Local Government Structure 144

North Carolina Municipalities 144

How Municipalities Are Created 144

Governing Cities and Towns 145

The City Manager 145

North Carolina Counties 147

Diverse North Carolina Counties 147

New Residents, New Jobs 148

Needs of Counties That Have Not Grown 148

Governing North Carolina Counties 149

The County Manager 149

STATE SUPPORT FOR LOCAL PLAN DEVELOPMENT AND IMPLEMENTATION 150



NC Floodplain Mapping Program 150

Hazard Data Made Available to Local Governments 152



Prioritizing Local Assistance 152

LOCAL GOVERNMENT POWERS 152



Regulatory Powers 153

General Police Power 153

Annexation 154

Building Code Enforcement and Building Inspection 154

Land Use Regulations 156

Zoning 157

Flood Hazard Regulation 157

Subdivision Regulation 158

Stormwater Management 159

Acquisition 160

Taxation and Other Revenue Generation 163

Taxation 164

Property Tax 164

Land Transfer Tax 165

Occupancy Taxes 166

Gas Tax (Powell Bill) 166

User Fees 166

Special Assessments 167

Impact Fees 167

Spending and Services 168

Local Government Services 168

Public Schools 170

Emergency Management Services 171

Capital Improvement Programming 173

Economic Development 173



Planning 174

Types of Local Plans 175

Land Use/Comprehensive Plans 175

Hazard Mitigation Plans 176

Planning Workshops and Guidances 176

The Planning Process 177

Planning Criteria 177

The National Flood Insurance Program (NFIP) 178

Community Rating System (CRS) 179

ORGANIZATIONS PROVIDING LOCAL GOVERNMENT SUPPORT 180



North Carolina Association of County Commissioners 180

North Carolina League of Municipalities 182

North Carolina Emergency Management Association 185

North Carolina Chapter of the American Planning Association 185

Regional Councils of Government (COGs) 186

IV. NON-PROFIT ORGANIZATION CAPABILITY 188

THE BLUE SKY FOUNDATION 188

Executive Order No. 25: North Carolina Showcase State Partnership for Natural Disaster Resistance and Resilience 189

AMERICAN RED CROSS 191

AMERICORPS NATIONAL PREPAREDNESS AND RESPONSE CORPS (NPRC) 192

HABITAT FOR HUMANITY 193

NORTH CAROLINA ASSOCIATION OF FLOODPLAIN MANAGERS 193

NORTH CAROLINA SMART GROWTH ALLIANCE 194

NORTH CAROLINA VOLUNTEER ORGANIZATIONS ACTIVE IN DISASTER (NC VOAD) 194

INSTITUTE FOR BUSINESS AND HOME SAFETY (IBHS) 196

“Fortified…for safer Living” 197

Showcase States 197

NORTH CAROLINA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION (NCAPA) 197

NORTH CAROLINA RURAL ECONOMIC DEVELOPMENT CENTER 198

Agricultural Advancement Consortium 198

Water and Sewer Initiative 199

e-NC (Rural Internet Access Authority) 200

NON-PROFIT LAND TRUSTS, CONSERVANCIES, AND PRESERVATION ORGANIZATIONS 201



The Nature Conservancy 201

Conservation Trust of North Carolina 202

Land Trust Alliance 202

V. BUSINESS AND INDUSTRY CAPABILITY 203

STATE INITIATIVES TO ENHANCE BUSINESS AND INDUSTRY RESILIENCY 203



Sustainable Business 203

Small Business Initiative 204

Sustainable Agri-Business 204

THE CONTINGENCY PLANNING ASSOCIATION OF THE CAROLINAS (CPAC) 205

NORTH CAROLINA RATE BUREAU 205

NC INSURANCE UNDERWRITING ASSOCIATION: THE NC BEACH PLAN 206

CAROLINA CONCRETE MASONRY ASSOCIATION 206

HOME IMPROVEMENT WAREHOUSE HURRICANE AWARENESS FAIRS 206

NC MANUFACTURED HOUSING INSTITUTE 207

NC HOME BUILDERS ASSOCIATION 208



VI. FEDERAL GOVERNMENT CAPABILITY 209

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 210



Robert T. Stafford Act 210

Hazard Mitigation Grant Program (HMGP) 210

Please note that HMGP 7% set-asides can fund single, multi-jurisdictional, or regional hazard mitigationplans. 213

Public Assistance Program 213

Individual and Family Grant Program (IFG) 214

Disaster Mitigation Act of 2000 214

Section 322 215



National Flood Insurance Program (NFIP) 215

Community Rating System (CRS) 217

US Fire Administration 219

SMALL BUSINESS ADMINISTRATION 220



Small Business Administration Disaster Assistance Program 220

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 221

U.S. ARMY CORPS OF ENGINEERS 221

Floodplain Management Services Program 222

Beach Nourishment Programs 222

U.S. DEPARTMENT OF AGRICULTURE 223



United States Forest Service 223

Fire Management Program 224

Forest Health Protection Unit 224

Natural Resources Conservation Service 224

Water Resources: River Basin Program 225

Watershed Surveys and Planning 225

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) 225



Clean Water Act 226

National Environmental Policy Act (NEPA) 227

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 228



National Weather Service 228

Coastal Services Center 228

U.S. FISH AND WILDLIFE SERVICE 229



Coastal Barrier Resources Act 229

VII. FUNDING SOURCES FOR MITIGATION 231

A WEALTH OF FUNDING POSSIBILITIES 231

RESOURCES FOR EXPLORING MITIGATION FUNDING 231

FEDERAL SOURCES OF MITIGATION FUNDS 232

232

Funding Available from FEMA 232

The Flood Mitigation Assistance Program (FMA) 233

(Current Funding Source still valid as of June 2013 ) 233

The Pre-Disaster Mitigation (PDM) Program 234

The Hazard Mitigation Grant Program (HMGP) 235

The Public Assistance Program 239

The Repetitive Flood Claims Program 240

The Severe Repetitive Loss (SRL) Program 240

Earthquake Consortium Grant 241

Funding Available from the Environmental Protection Agency (Potential) 242

Clean Water Act Section 319 Grants 242

Clean Water State Revolving Funds 242

Drinking Water State Revolving Funds 242

Wetlands Protection - Development Grants 242

Funding Available from the U.S. Army Corps of Engineers (Potential) 243

Aquatic Ecosystem Restoration 243

Beneficial Uses of Dredged Material 243

Floodplain Management Services 243

Nonstructural Alternatives to Structural Rehabilitation of Damaged Flood Control Works 244

Planning Assistance to States 245

Beach Erosion Control Projects 245

Funding Available from the Natural Resources Conservation Service (Potential) 245

Emergency Watershed Protection Program (EWP) 246

Watershed Protection and Flood Prevention Program 246

Funding Available from the US Farm Service Agency (Potential) 247

Emergency Loans for Farming Operations 247

Emergency Haying and Grazing Assistance/ Livestock Feed Programs 247

Emergency Conservation Program 247

Farm Operating Loans/Farm Ownership Loans 247

Crop Insurance: Catastrophic Risk Protection Coverage 248

Non-insured Crop Disaster Assistance Programs 248

Soil and Water Loans 248



Funding Available from the Department of Housing and Urban Development (Potential) 248

Community Development Block Grant (CDBG) Entitlement Communities Program 248

Community Development Block Grant (CDBG) State Administered Program 249

HOME Investment Partnership Program 250

Public Housing Modernization Reserve for Disasters and Emergencies 251

Section 108 Loan Guarantee Program 251

Single Family Home Mortgage Insurance for Disaster Victims Section 203(h) 252

STATE SOURCES OF MITIGATION FUNDS 252



NC Natural Heritage Trust Fund (Potential) 252

Clean Water Management Trust Fund (Potential) 253

North Carolina Parks and Recreation Trust Fund (Potential) 255

LOCAL SOURCES OF MITIGATION FUNDS 255

Local sources of funding are distinct for each jurisdiction within the state. While some local jurisdictions have money set aside specifically for mitigation activities, others never utilize local funds for mitigation. Currently, most jurisdictions rely almost entirely on state and federal dollars, but potentially, local jurisdictions could use taxes or bonds to raise funds for mitigation. 255

PRIVATE SOURCES OF MITIGATION FUNDS 255



VIII. LEGAL AUTHORITY FOR HAZARD MITIGATION 256

FEDERAL AUTHORITIES 256



Statutes 256

Executive Orders 256

Federal Emergency Management Agency Regulations, 44 CFR 256

STATE AUTHORITIES 257



North Carolina General Statutes 257

Executive Orders 260





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