Q What effect does the passage of House Bill 773 have on local governing authorities’ ability to enforce floodplain management ordinances or regulations necessary for the National Flood Insurance Program (NFIP)?

A House Bill 773, which was approved by the Governor on March 30, 2012, amends Sections 17-2-7 and 17-2-9, and is effective upon passage. The structures named in these code sections are no longer exempt from local codes, ordinances or regulations which are adopted by the local authority as a condition of its participation in the NFIP, whether a building code, a floodplain management ordinance or any other type of regulation. (Attorney General’s Opinion to Chism, dated April 11, 2012)