Questions surrounding floodplain administration, building permits, and the rebuilding of the Downtown Motel took center stage during a meeting of the Cave Spring City Commission last week. One of the major issues discussed involved the ongoing rebuilding of the Downtown Motel AKA Story Book Inn. The city had previously issued a building permit for the project, with the permit fee reportedly exceeding $17,000. However, approximately an hour after a city council meeting, the permit was placed “in review,” reportedly because of questions involving the flood zone and related requirements.

The discussion took an unexpected turn during the public-comment portion the meeting when Chris Sartin, owner of the Story Book Inn, addressed the commission. Sartin questioned city officials about who had been appointed as the city’s flood administrator. During roughly seven minutes of questions, he also stated that his flood calculations had been reviewed and approved by engineering.

Questions about who was responsible for administering the city’s floodplain requirements did not receive a clear answer from those at the meeting. The city attorney then asked Sartin a direct question: “Mr. Sartin, do you have a building permit?” “Yes sir, I do,” Sartin replied. “Then go build,” the city attorney responded.

Sartin then turned to City Manager Stephen Walker and asked whether he was ready to see progress on the Story Book Inn. Walker replied, “Yes.”

The exchange appeared to clear the way for the Story Book Inn project to continue, and as of Saturday, the property is under construction.

As CVN has continued examining how building permits and floodplain requirements are handled in the City of Cave Spring, additional information involving state and federal requirements has raised questions about the city’s responsibilities.

Cave Spring adopted its flood ordinance on Dec. 17, 2007.

Under the federal National Flood Insurance Program, participating communities are required to adopt and enforce floodplain-management regulations. Federal requirements contained in 44 C.F.R. Part 60 include provisions requiring permits for development in flood-prone areas, reviews of proposed development, consideration of required federal and state permits, and measures intended to ensure development is reasonably safe from flooding.

The regulations also address elevation requirements, substantial improvements, floodproofing, utilities and construction standards where base-flood elevations have been established.

Another provision addresses development and encroachments within a regulatory floodway, requiring engineering analysis where applicable to demonstrate that development will not increase flood levels during the base flood.

The federal requirements also call for communities to use FEMA-provided flood data when administering their floodplain regulations.

The important question, according to the information reviewed by CVN, is who within the participating community is responsible for carrying out those duties.

A lack of staffing or an unfilled flood-administrator position does not eliminate the community’s responsibility to administer its floodplain program.

Failure to properly administer and enforce a community’s floodplain-management program can have consequences beyond an individual building permit.

Federal and state guidance indicates that deficiencies in floodplain administration can result in corrective action involving the community’s participation in the National Flood Insurance Program. More serious consequences can potentially affect flood-insurance availability and access to certain federal programs, including loans, grants and disaster assistance.

For individual property owners, the issue can also become a matter of procedure.

A property owner seeking approval for development should be able to determine which city official has authority over the matter, what standards apply, what flood data is being used and what decision the city has made. Where a decision is adverse, applicable appeal procedures should also be available.

A staffing vacancy, by itself, should not become an indefinite permitting hold.

The questions raised at last week’s meeting highlight the importance of clear communication between the city, property owners, engineers and officials responsible for floodplain administration.

For the Downtown Motel, questions remain regarding the permit’s “in review” status and the city’s handling of the flood-zone issues surrounding the project.

For the Story Book Inn, however, the immediate outcome appears considerably different.

Following last week’s exchange, construction is moving forward.

CVN will continue examining the city’s permitting process and information received from state and environmental agencies, including material concerning the administration and enforcement of floodplain requirements.

As of Aug. 15, the Story Book Inn is under construction and moving forward.