How the North Carolina Legislature Left Homes Vulnerable to Helene

Under pressure to control housing costs, Republican lawmakers rejected standards meant to protect against disasters, experts say.

The amount of rain that Tropical Storm Helene unleashed over North Carolina was so intense, no amount of preparation could have entirely prevented the destruction that ensued.

But decisions made by state officials in the years leading up to Helene most likely made some of that damage worse, according to experts in building standards and disaster resilience.

Over the past 15 years, North Carolina lawmakers have rejected limits on construction on steep slopes, which might have reduced the number of homes lost to landslides; blocked a rule requiring homes to be elevated above the height of an expected flood; weakened protections for wetlands, increasing the risk of dangerous storm water runoff; and slowed the adoption of updated building codes, making it harder for the state to qualify for federal climate-resilience grants.

Those decisions reflect the influence of North Carolina’s home building industry, which has consistently fought rules forcing its members to construct homes to higher, more expensive standards, according to Kim Wooten, an engineer who serves on the North Carolina Building Code Council, the group that sets home building requirements for the state.

“The home builders association has fought every bill that has come before the General Assembly to try to improve life safety,” said Ms. Wooten, who works for Facilities Strategies Group, a company that specializes in building engineering. She said that state lawmakers, many of whom are themselves home builders or have received campaign contributions from the industry, “vote for bills that line their pocketbooks and make home building cheaper.”

Chris Millis, director of regulatory affairs for the North Carolina Home Builders Association, said his industry is focused on reducing housing costs but added: “We do not pit affordability against regulations necessary for the protection of public safety.”

In 2009 and 2010, lawmakers from the state’s mountainous western region wanted statewide rules to restrict construction on slopes with a high or moderate risk of landslides. Their legislation failed in the face of pushback from the home building and real estate industries, according to Pricey Harrison, a state lawmaker who supported the restrictions.

Mr. Millis said statewide rules are unnecessary because local governments have rules about building on hillsides. Ms. Harrison said a statewide standard would be more effective.

The push to build on hillsides reflected the growing demand in North Carolina for mountain retreats that would attract tourist dollars, according to Robert S. Young, a professor at Western Carolina University who focuses on climate resilience.

“Everybody wants a view in their vacation home,” Dr. Young said in an interview. “It’s really hard to shut off that kind of economic activity in a small local community.”

Efforts to weaken building standards in North Carolina picked up steam after Republicans won control of both houses of the state legislature in 2010.

In 2011, lawmakers proposed a law that limited the ability of local officials to account for sea-level rise in their planning. The comedian Stephen Colbert panned the change, quipping: “If your science gives you a result you don’t like, pass a law saying the result is illegal. Problem solved.”

Two years later, lawmakers overhauled the way North Carolina updates its building codes. That change attracted far less attention than the sea-level rule — but would be more consequential for Helene.

Every three years, the International Code Council, a nonprofit organization based in Washington, D.C., issues new model building codes developed by engineers, architects, home builders and local officials.

Most states adopt a version of those model codes, which reflect the latest advances in safety and design. But in 2013, the North Carolina legislature decided that the state would update its codes every six years, instead of every three.

The change proved important. In 2015, the International Code Council added a requirement that new homes in flood zones be built at least one foot above the projected height of a major flood.

North Carolina did not adopt that version of the building code until 2019. And even then, the state stripped out the new flood-prevention standard. Rather than make elevation mandatory in flood zones around North Carolina, the state decided that the requirement should only apply if local officials chose to adopt it.

The decision most likely left more homes exposed to flooding, according to Chad Berginnis, executive director of the national Association of State Floodplain Managers.

But Mark Brody, a Republican state lawmaker, said the state was right to leave such decisions to local officials. “There are places that are designated floodplains that never flood,” Mr. Brody said in an interview. “And the locals would know this better than having a blanket state rule.”

The Republican legislature took other steps that may have exacerbated flooding.

In 2014, lawmakers passed laws to weaken protection for wetlands, which can help reduce flood damage by absorbing excess rainfall, according to Brooks Rainey Pearson, a senior attorney at the Southern Environmental Law Center.

Three years later, the legislature made it easier for developers to pave green spaces, increasing the risk of flooding caused by heavy rains, according to the Southern Environmental Law Center. Mr. Millis, of the home builders association, said that “storm water is heavily regulated in North Carolina.”

Last year, efforts by Republican lawmakers to ease the state’s building codes erupted into open confrontation with Gov. Roy Cooper, a Democrat.

The legislature passed a law that essentially blocked the state from adopting new building codes until 2031. The law also included smaller changes, such as preventing local building inspectors from ensuring that home builders correctly install protective sheathing on homes exposed to winds of 140 miles per hour or less.

Governor Cooper vetoed the bill, saying it would “wipe out years of work to make homes safer.” But Republicans overrode his veto.

The new law has made it harder for North Carolina to qualify for Federal Emergency Management Agency grants to fund climate-resilient construction projects, which prioritize states with up-to-date building codes. The governor’s office has estimated that North Carolina has lost $70 million in grants because of the 2023 law.

Then, this summer, the Republican legislature again passed a series of reforms weakening the state’s approach to building standards. The law gave the legislature, rather than the governor, the authority to appoint or approve members of the state’s powerful building code council. It removed the requirement that the council include licensed architects. And it included other changes, such as preventing the state from requiring that electric water heaters be located off the ground to protect from flooding.

Governor Cooper again vetoed the legislation, saying it “limits the knowledge and practical experience of the body tasked with ensuring all buildings are safely designed.” Republicans again used their supermajority to override his veto.

The governor’s office declined to comment.

Mr. Brody, the Republican state lawmaker, said the home building industry is like any other interest group seeking to advance its agenda.

“Campaign contributions are there, but the General Assembly makes wise decisions,” Mr. Brody said. He added that construction bills “get pretty well researched and vetted through. Most of them are just plain common sense.”

The home builders association has contributed $4.3 million to North Carolina politicians over the past three decades, with Republicans receiving nearly twice as much as Democrats, according to data from Open Secrets, which tracks political spending. The association gave Roy Cooper $10,500 during his two gubernatorial campaigns, records show.

In the aftermath of Hurricane Helene, insurance money and federal recovery funds will fuel a rush of construction in the areas hit by the storm.

Building standards will help determine how well that new construction fares against future disasters, which are becoming more frequent and severe because of climate change.

Ms. Wooten, the engineer on the building code council, said she was not optimistic that the damage from Helene would change how North Carolina approached building codes.

“Money talks,” Ms. Wooten said. “Politicians want to get re-elected, and they are going to go where the money is.”