North Carolina Sen. Britt floodplain exemption bill passes House and Senate

Passed bill sponsored by State Sen. Danny Earl Britt Jr. aims to allow property owners to replace or reconstruct buildings within floodplains as they existed before historic flood events, without new regulations, provided size limits and flood elevation criteria are met, according to the North Carolina State Senate.

In the House, 11 Democrats and 64 Republicans voted in favor of the bill, while 35 Democrats and one Republican opposed it.

Meanwhile, in the Senate, 18 Democrats and 29 Republicans voted in favor of the bill.

Britt filed the bill in the North Carolina Senate on March 11 during the 2025 regular session.

The legislation, known as SB 266, was passed on June 10 during the 2025 regular session.

According to the North Carolina General Assembly site, the bill’s official text was formally listed with the short title: “Historic Flood Event Bldg. Code Exemption.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill establishes exemptions from certain floodplain requirements for the replacement or reconstruction of structures damaged by historic flood events. Specifically, property owners can replace or rebuild their buildings or structures within the base floodplain as they existed before the flood event, without complying with new state or local regulations enacted after the original construction. However, this exemption does not cover any reconstruction that increases the structure’s size within the floodplain unless hydrologic and hydraulic analysis show that it will not raise the base flood elevation. A historic flood event is defined as one that meets or exceeds a 200-year flood, which has a 0.5% probability of occurring in a given year. This act is effective when it becomes law.

The bill was sponsored by Sen. Warren Daniel (Republican-46th District), Sen. Danny Earl Britt, Jr. (Republican-24th District), and Sen. Timothy D. Moffitt (Republican-48th District).

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Britt graduated from University of Oklahoma with a JD.

Britt, a Republican, was elected to the North Carolina State Senate in 2023 to represent the state’s 24th Senate district, replacing previous state senator Amy Galey.

Under North Carolina law, bills must receive three readings in each chamber. According to the UNC School of Government, once a bill “passes its constitutionally required second reading and moves to its constitutionally required third reading,” additional debate can occur, but the final stage is often treated as a formality. Unless a legislator requests a roll-call, the third reading may be approved by voice vote or unanimous consent without a separate recorded tally.