CAPABILITY ASSESSMENT

EXECUTIVE SUMMARY

I. INTRODUCTION

II. STATE GOVERNMENT CAPABILITY

NORTH CAROLINA STATE GOVERNMENT STRUCTURE

The Judicial Branch

The Legislative Branch

The Executive Branch

NORTH CAROLINA OFFICE OF THE GOVERNOR

Governor’s Policy Office

NC Commission on Volunteerism and Community Service

Governor’s Legislative Office

Governor’s Office for Intergovernmental Relations

Governor’s Communication Office

Citizen and Community Service Office

The Office of State Budget and Management

Capital Improvement Planning Act

NORTH CAROLINA OFFICE OF THE LIEUTENANT GOVERNOR

NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

NC National Guard

State Highway Patrol

NC Civil Air Patrol

State Emergency Response Commission (SERC)

State Emergency Response Team (SERT)

Emergency Management Division

Organization of the Division

NCDEM Branch and Area Offices

NCDEM Responsibilities

The Stafford Act/Disaster Mitigation Act of 2000

Mitigation Planning Under DMA 2000 and SB 300

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

Natural Hazards Advisory Panel

NC Statewide Mutual Aid Agreement

Working with Local Governments

Promoting Hazards Awareness and Research

State and Federal Support for the Division of Emergency Management

NC Division of Emergency Management, Hazard Mitigation Branch

The Hazard Mitigation Planning Initiative

Coordination of Local Hazard Mitigation Planning Programs

Local Plan Review

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

Community Rating System

North Carolina Division of Emergency Management, Homeland Security Planning Section

Homeland Security Planning Section NC State Homeland Security Strategy

Homeland Security Planning Section NC Emergency Operations Plan

Local Emergency Operations Plans

Homeland Security Planning Section NC Hazardous Materials Program

NC Division of Emergency Management, Operations Section

NORTH CAROLINA DEPARTMENT OF INSURANCE

DOI Support for the NFIP

Office of the State Fire Marshal

Office of the State Fire Marshal, Engineering Division

North Carolina State Building Code

Building Code Administration at the Local Level

Office of the State Fire Marshal, Manufactured Building Division

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

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

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

NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Environmental Management Commission

Division of Water Quality

Division of Water Quality, NC Wetlands Restoration Program

Local Watershed Planning Initiative

NC Ecosystem Enhancement Program (EEP)

Division of Water Quality, Water Quality Section

Water Quality Section, Stormwater Unit

Division of Water Quality, Groundwater Section

Division of Water Quality, Basinwide Water Quality Planning

Division of Water Resources

North Carolina Drought Management Advisory Council

Division of Water Resources River Basin Water Supply Planning

Division of Water Resources, Water Allocation Section

Division of Water Resources, Water Supply Planning Section

Division of Water Resources, Public Water Supply Section

Division of Water Resources, On-Site Wastewater Section

Division of Waste Management

Division of Waste Management, Solid Waste Section

Division of Waste Management, Underground Storage Tank Section

Division of Waste Management, Hazardous Waste Section

Division of Waste Management, Superfund Section

Division of Parks and Recreation

State Parks Land Acquisition Program

Natural and Scenic Rivers System

Division of Coastal Management

Coastal Resources Commission/Coastal Resources Advisory Committee

Coastal Area Management Act (CAMA)

CAMA Coastal Counties

CAMA Land-Use Planning

Areas of Environmental Concern

CAMA Permits

Shoreline Erosion Rates

Oceanfront Erosion Response

Post-Storm Reconstruction

Maps and Data

Wetlands Protection

Division of Energy, Mineral, and Land Resources

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

Dam Safety Program

Erosion and Sedimentation Program

Sedimentation Control Commission

Mining Program

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

NC Natural Heritage Trust Fund

Clean Water Management Trust Fund

Swine Operation Grant

Stormwater Management Grants

Riparian Buffer, Floodplain and Wetlands Grants

Barrier Island Grants

Wildlife Grants

Stream Restoration

CWMTF: Water Quality and Flood Mitigation

Million Acre Initiative

NC Conservation Tax Credit Program

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION

NCDOT Office of the Secretary

NCDOT Public Information Office

NCDOT Planning and Environmental Division

Planning and Environmental Division, Project Development and Analysis Branch

Project Development Unit

Office of Natural Environment

Office of Human Environment

Planning and Environmental Division, Program Development Branch

Transportation Improvement Plan Unit

Enhancement Unit

Planning and Environmental Division, Transportation Planning Branch

GIS Unit

Traffic Survey Unit

Transportation Planning Unit

NCDOT Division of Highways

Traffic Evacuation Management Plan for Interstate 40

Highway NC 12

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

NCDOT Division of Highways, Highway Design Branch, Hydraulics Unit

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

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

North Carolina Correction Enterprises

Permanent Housing Initiative

NORTH CAROLINA DEPARTMENT OF COMMERCE

State Infrastructure Council

State Economic Development Board

NC Board of Science and Technology

The Oregon Inlet Project

Public Staff of the Utilities Commission

Rural Electrification Authority

State Ports Authority

Business and Industry Division

Division of Tourism, Film and Sports Development

Tourism Grant Programs

Hurricane Evacuation of Coastal Counties

Policy, Research and Strategic Planning Office

Division of Community Assistance

Division of Community Assistance Main Street Program

Division of Community Assistance Community Planning Program

Division of Community Assistance CDBG Program

Division of Community Assistance State Development Zones Program

NORTH CAROLINA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES

Division of Public Health

Division of Public Health Epidemiology Branch

Division of Public Health Office of Public Health Preparedness and Response

Division of Public Health Communicable Disease Control Branch

Division of Mental Health, Developmental Disabilities and Substance Abuse Services

Disaster Preparedness Program

Hope After Program

NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Emergency Programs Division

Public Affairs Division

Standards Division

Aquaculture and Natural Resources Division

Agronomic Services Division

Veterinary Division

North Carolina State Animal Response Team

NORTH CAROLINA DEPARTMENT OF ADMINISTRATION

NC State Environmental Review Clearinghouse

Office of State Property

State Building Commission

State Construction Office

Executive Order 123, the “Uniform Floodplain Management Policy”

NORTH CAROLINA HOUSING FINANCE AGENCY

NORTH CAROLINA UTILITIES COMMISSION

STATE CLIMATE OFFICE OF NORTH CAROLINA

NC ECONet

NORTH CAROLINA COMMUNITY COLLEGE SYSTEM

THE UNIVERSITY OF NORTH CAROLINA

The Institute of Government

The University of North Carolina at Chapel Hill

The University of North Carolina at Wilmington

UNCW Center for Marine Science

North Carolina State University

State Climate Office

Water Resources Research Institute of UNC

Western Carolina University

East Carolina University

North Carolina Sea Grant

North Carolina Cooperative Extension

NORTH CAROLINA REAL ESTATE COMMISSION

NC Residential Property Disclosure Law

III. LOCAL GOVERNMENT CAPABILITY

INTRODUCTION

Each Community Is Unique

Fiscal Capability

Technical and Technological Capability

Technical Capability

Technological Capability

Local Government Structure

North Carolina Municipalities

How Municipalities Are Created

Governing Cities and Towns

The City Manager

North Carolina Counties

Diverse North Carolina Counties

Counties Respond to Population Change

New Residents, New Jobs

Needs of Counties That Have Not Grown

Governing North Carolina Counties

The County Manager

STATE SUPPORT FOR LOCAL PLAN DEVELOPMENT AND IMPLEMENTATION

NC Floodplain Mapping Program

Hazard Data Made Available to Local Governments

Prioritizing Local Assistance

LOCAL GOVERNMENT POWERS

Regulatory Powers

General Police Power

Annexation

Building Code Enforcement and Building Inspection

Land Use Regulations

Zoning

Flood Hazard Regulation

Subdivision Regulation

Stormwater Management

Acquisition

Taxation and Other Revenue Generation

Taxation

Property Tax

Land Transfer Tax

Occupancy Taxes

Gas Tax (Powell Bill)

User Fees

Special Assessments

Impact Fees

Spending and Services

Local Government Services

Public Schools

Emergency Management Services

Capital Improvement Programming

Economic Development

Planning

Types of Local Plans

Land Use/Comprehensive Plans

Hazard Mitigation Plans

Planning Workshops and Guidances

The Planning Process

Planning Criteria

The National Flood Insurance Program (NFIP)

Community Rating System (CRS)

ORGANIZATIONS PROVIDING LOCAL GOVERNMENT SUPPORT

North Carolina Association of County Commissioners

North Carolina League of Municipalities

North Carolina Emergency Management Association

North Carolina Chapter of the American Planning Association

Regional Councils of Government (COGs)

IV. NON-PROFIT ORGANIZATION CAPABILITY

THE BLUE SKY FOUNDATION

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

AMERICAN RED CROSS

AMERICORPS NATIONAL PREPAREDNESS AND RESPONSE CORPS (NPRC)

HABITAT FOR HUMANITY

NORTH CAROLINA ASSOCIATION OF FLOODPLAIN MANAGERS

NORTH CAROLINA SMART GROWTH ALLIANCE

NORTH CAROLINA VOLUNTEER ORGANIZATIONS ACTIVE IN DISASTER (NC VOAD)

INSTITUTE FOR BUSINESS AND HOME SAFETY (IBHS)

“Fortified…for safer Living”

Showcase States

NORTH CAROLINA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION (NCAPA)

NORTH CAROLINA RURAL ECONOMIC DEVELOPMENT CENTER

Agricultural Advancement Consortium

Water and Sewer Initiative

e-NC (Rural Internet Access Authority)

NON-PROFIT LAND TRUSTS, CONSERVANCIES, AND PRESERVATION ORGANIZATIONS

The Nature Conservancy

Conservation Trust of North Carolina

Land Trust Alliance

V. BUSINESS AND INDUSTRY CAPABILITY

STATE INITIATIVES TO ENHANCE BUSINESS AND INDUSTRY RESILIENCY

Sustainable Business

Small Business Initiative

Sustainable Agri-Business

THE CONTINGENCY PLANNING ASSOCIATION OF THE CAROLINAS (CPAC)

NORTH CAROLINA RATE BUREAU

NC INSURANCE UNDERWRITING ASSOCIATION: THE NC BEACH PLAN

CAROLINA CONCRETE MASONRY ASSOCIATION

HOME IMPROVEMENT WAREHOUSE HURRICANE AWARENESS FAIRS

NC MANUFACTURED HOUSING INSTITUTE

NC HOME BUILDERS ASSOCIATION

VI. FEDERAL GOVERNMENT CAPABILITY

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Robert T. Stafford Act

Hazard Mitigation Grant Program (HMGP)

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

Public Assistance Program

Individual and Family Grant Program (IFG)

Disaster Mitigation Act of 2000

Section 322

National Flood Insurance Program (NFIP)

Community Rating System (CRS)

US Fire Administration

SMALL BUSINESS ADMINISTRATION

Small Business Administration Disaster Assistance Program

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

U.S. ARMY CORPS OF ENGINEERS

Floodplain Management Services Program

Beach Nourishment Programs

U.S. DEPARTMENT OF AGRICULTURE

United States Forest Service

Fire Management Program

Forest Health Protection Unit

Natural Resources Conservation Service

Water Resources: River Basin Program

Watershed Surveys and Planning

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)

Clean Water Act

National Environmental Policy Act (NEPA)

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

National Weather Service

Coastal Services Center

U.S. FISH AND WILDLIFE SERVICE

Coastal Barrier Resources Act

VII. FUNDING SOURCES FOR MITIGATION

A WEALTH OF FUNDING POSSIBILITIES

RESOURCES FOR EXPLORING MITIGATION FUNDING

FEDERAL SOURCES OF MITIGATION FUNDS

Funding Available from FEMA

The Flood Mitigation Assistance Program (FMA)

(Current Funding Source still valid as of June 2013 )

The Pre-Disaster Mitigation (PDM) Program

The Hazard Mitigation Grant Program (HMGP)

The Public Assistance Program

The Repetitive Flood Claims Program

The Severe Repetitive Loss (SRL) Program

Earthquake Consortium Grant

Funding Available from the Environmental Protection Agency (Potential)

Clean Water Act Section 319 Grants

Clean Water State Revolving Funds

Drinking Water State Revolving Funds

Wetlands Protection - Development Grants

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

Aquatic Ecosystem Restoration

Beneficial Uses of Dredged Material

Floodplain Management Services

Nonstructural Alternatives to Structural Rehabilitation of Damaged Flood Control Works

Planning Assistance to States

Beach Erosion Control Projects

Funding Available from the Natural Resources Conservation Service (Potential)

Emergency Watershed Protection Program (EWP)

Watershed Protection and Flood Prevention Program

Funding Available from the US Farm Service Agency (Potential)

Emergency Loans for Farming Operations

Emergency Haying and Grazing Assistance/ Livestock Feed Programs

Emergency Conservation Program

Farm Operating Loans/Farm Ownership Loans

Crop Insurance: Catastrophic Risk Protection Coverage

Non-insured Crop Disaster Assistance Programs

Soil and Water Loans

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

Community Development Block Grant (CDBG) Entitlement Communities Program

Community Development Block Grant (CDBG) State Administered Program

HOME Investment Partnership Program

Public Housing Modernization Reserve for Disasters and Emergencies

Section 108 Loan Guarantee Program

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

STATE SOURCES OF MITIGATION FUNDS

NC Natural Heritage Trust Fund (Potential)

Clean Water Management Trust Fund (Potential)

North Carolina Parks and Recreation Trust Fund (Potential)

LOCAL SOURCES OF MITIGATION FUNDS

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.

PRIVATE SOURCES OF MITIGATION FUNDS

VIII. LEGAL AUTHORITY FOR HAZARD MITIGATION

FEDERAL AUTHORITIES

Statutes

Executive Orders

Federal Emergency Management Agency Regulations, 44 CFR

STATE AUTHORITIES

North Carolina General Statutes

Executive Orders

EXECUTIVE SUMMARY

The Capabilities of various Federal, State, Local, public and private organizations in the state North Carolina have been incorporated into the capability assessment of the state hazard mitigation Plan for the 2013update. While the content is generally the same, we have made structural changes in this section to display relational changes that have occurred in state government up to 2013 update cycle. NCEM staff polled every agency and organization identified in the capabilities section of the 322 plan and asked for concurrence on the information shown, or suggestions for changes. The bulk of the agencies reported no change in capacity or policy since the last plan update.

The state’s mitigation goal has not changed since the last update of this plan.Hazard Mitigation Staff, assisted by input from SHMAG team members and various other stake holders, have reviewed our strategies and actions for success and have incorporated new actions we feel will produce a comprehensive approach to mitigation. During the course of 3 State Hazard Mitigation Advisory Group (SHMAG) meetings held in 2011, 2012 and 2013, The State Hazard Mitigation Officer led discussions on natural hazards, risks and impacts in North Carolina, and consensus opinion among the subject matter experts is that flooding continues to be both the most wide-spread hazard and the hazard for which we have both pre-disaster and post disaster polices, programs and capabilities to address. While flooding has been foremost in our efforts, NC has also made strides in earthquake mitigation through a coordinated effort to engage local governments in the earthquake prone areas of the state in projects involving non-structural earthquake mitigation measures for critical public facilities. NCEM is partnering with associates in the State Geologist’s Office and the Department of Education to deliver a series of earthquake education seminars to public school science teachers in the fall of 2013. Other notable collaboration and capacity building between NCEM and partners includes work with HUD, the EPA and local and county partners and citizens in New Bern NC on the development of green infrastructure to address flooding concerns in various parts of New Bern. NCEM collaborated with the State Department of Health and Human Services to develop a cooling center plan to address the needs of the elderly and other fragile populations in the event of excessive heat days. Working with county and local governments on identification of mitigation opportunities and development of cost-effective mitigation approaches regardless of funding is the daily work of the NCEM Hazard Mitigation Branch.

Specific funding decisions are made during project solicitation based on impacts of recent disasters for the HMGP funding source, and are based on programmatic requirements for non-disaster funding sources with an eye toward optimizing access to available funds. Generally speaking, NCEM prioritizes projects that address primary residential structures and critical public facilities, but also addresses commercial and secondary-occupancy structures when there is sufficient local interest. Generally, the state will not pick up the non-federal match on projects involving secondary or resort-rental structures, but supports such projects when other matching funds are presented. Twice in the last 15 years, (1999 and 2005) the NC State Legislature made 100% state funds available for mitigation projects following impacts of Hurricanes Floyd, Frances and Ivan.

A change in the state’s leadership following the 2012 elections has not resulted to date in any major changes in the administration of the state’s pre or post-hazard mitigation programs and efforts. The state continues to make match funds available for the HMGP program and continues to support the development and implementation of plans and projects (without covering the non-federal match) for the non-disaster PDM and FMA programs.