Board Deliberates Appealing BZA Holly Acres Decision

Press release from Prince William County Government: 

Despite the devastation brought by , the owner of the Holly Acres mobile home park is aggressively seeking the ability to put trailers and families back in the floodway (the area of land where water moves during a flood event). Holly Acres experienced severe damage from Tropical Storm Lee because 67 of its 107 mobile home units were located within the floodway.

During the flood, moving water ripped several units from their foundations and caused severe flood damage to the remaining units located in the floodway. The County was able to help stabilize the property so that the 40 families outside of the floodway could return home within 72 hours. However, the remaining 67 units could not be occupied because Prince William County’s development regulations are written to comply with FEMA regulations. These regulations prohibit structures already existing within FEMA designated floodways from being repaired or replaced within the floodway if the units are damaged beyond 50 percent of their value.

As the property owner seeks to generate rental revenues, he is demanding the right to rebuild in the floodway and lease property that will put people at risk in the future. He recently filed and won an appeal of the , arguing that the County could not prohibit rebuilding in a floodway according to State Code regulations. The Board of County Supervisors now has to decide whether to appeal the BZA decision to the Circuit Court, or to allow families to move back into the floodway.

The Prince William County Attorney’s Office argues that the BZA decision was made on a misreading of the State statute. Furthermore, to allow properties damaged beyond 50 percent of their value to be rebuilt in the floodway puts the entire County at risk of being excluded from FEMA’s National Flood Insurance Program, which allows private property owners to obtain affordable flood insurance.

“The Prince William Board of County Supervisors is left with a very difficult decision, now” “On one hand, our hearts go out to the people who lost everything. You have people who want to move back to the place they called home. Yet, on the other hand, we know what will happen if people move back into the floodway – we saw the devastation first hand. We cannot make this decision lightly. We need a clear report from staff that demonstrates the County’s legal position, health and safety risks, and recommendations to this Board, so we can make the right decision that is best for Prince William County and all the residents who live here.” 

In the aftermath of Tropical Storm Lee, the County and the community worked together to help the families impacted by the floods. Emergency shelters were provided for two weeks. Money was raised to help offset the cost of alternative housing and replacing personal items for displaced families. 

Staff will provide a report to the Board of County Supervisors on Tuesday, Dec. 6, 2011, to offer guidance as they determine whether they ought to appeal the BZA decision.