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Can you fight a parish\county rezoning and be successful? (AP related)

Posted on 3/14/19 at 9:29 am
Posted by LSUvegasbombed
Red Stick
Member since Sep 2013
15464 posts
Posted on 3/14/19 at 9:29 am
Apparently Ascension Parish has sent out letters saying they are rezoning certain areas. A person I know received this letter saying that they are rezoning and she now will go from a flood zone to a flood way. After she looked into it, basically her extra piece of land next to her house is worthless as she was going to be building another house or two on the property. It appears this will decrease the value of her house and land big time.

Is there a way to fight it? It also doesnt sound like the city will reimburse you like they would for eminent domain.

this is my summary of the events she told me so I could be off with some of the details.

Short version: She was in a flood zone AE but after rezoning she will be in a floodway AE or something like that

any AP residences care to chime in?
This post was edited on 3/14/19 at 9:34 am
Posted by boosiebadazz
Member since Feb 2008
86377 posts
Posted on 3/14/19 at 9:30 am to
It’s likely the Parish is just using the maps from FEMA
Posted by BRIllini07
Baton Rouge, LA
Member since Feb 2015
3211 posts
Posted on 3/14/19 at 9:44 am to
quote:

A "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations. For streams and other watercourses where FEMA has provided Base Flood Elevations (BFEs), but no floodway has been designated, the community must review floodplain development on a case-by-case basis to ensure that increases in water surface elevations do not occur, or identify the need to adopt a floodway if adequate information is available.
Posted by TDsngumbo
Member since Oct 2011
51574 posts
Posted on 3/14/19 at 9:44 am to
The parish is not doing that. That’s FEMA’s decision.
Posted by Decisions
Member since Mar 2015
1661 posts
Posted on 3/14/19 at 9:44 am to
There’s usually a hearing period before rezoning happens to see if property will be negatively affected and if neighbors/owners have a problem with the potential changes.

If that already happened and she didn’t say anything at the time then I can’t imagine her having much of a leg to stand on.
Posted by LSUvegasbombed
Red Stick
Member since Sep 2013
15464 posts
Posted on 3/14/19 at 9:49 am to
she just received the letter tuesday about it

The meeting is tonight from what she said
Posted by bma28
Baton Rouge
Member since Jan 2015
241 posts
Posted on 3/14/19 at 9:50 am to
That is not rezoning. That is FEMA updating the Flood Maps which happens every so often. Her property obviously floods (Zone AE) so it was worthless before and will remain worthless after. Typical Ascension Parish resident wanting to build a home in Flood Zone AE after what happened in 2016. Some people never learn their lesson.
Posted by lsu13lsu
Member since Jan 2008
11841 posts
Posted on 3/14/19 at 9:56 am to
Why do all these Louisiana residents want welfare so they can build in a flood zone?
Posted by Boudreaux35
BR
Member since Sep 2007
22281 posts
Posted on 3/14/19 at 10:18 am to
What you're talking about is the adjustments to the FEMA Flood Maps, not what most people refer to as rezoning. There is only one way to "beat" the assignment of a flood zone and that is to have a licensed surveyor go out and provide proof that your property is above the elevation set for that zone.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
71131 posts
Posted on 3/14/19 at 10:59 am to
Property rules and covenents between owners can trump zoning so long as they are more restrictive
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
17242 posts
Posted on 3/14/19 at 11:06 am to
quote:

It also doesnt sound like the city will reimburse you like they would for eminent domain.


You cannot be serious with this comment.
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
24744 posts
Posted on 3/14/19 at 11:27 am to
How much money ya got?
Posted by Erebus
Member since Jan 2019
574 posts
Posted on 3/14/19 at 3:32 pm to
This is probably a FEMA issue.

If it is handled at the Parish level, you’d probably have a chance if you lived anywhere besides AP.

I live in AP, and our “government” is outdated, arse backwards, incompetent, and corrupt. With no intent of getting better whatsoever.
Posted by Napoleon
Kenna
Member since Dec 2007
74865 posts
Posted on 3/14/19 at 3:39 pm to
So, let me get this straight.
The friend claims the land is worthless because FEMA identified it in a flood way?
Seems like it never should have been considered for development to begin with.
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