County board contends feds unresponsive on floodplain rule

The Yamhill County Board of Commissioners will hold a work session on impending federal mandates over floodplain use Thursday, despite agreeing with state leadership that the Dec. 1 deadline for action should be pushed back.

The Federal Emergency Management Agency (FEMA) is requiring cities and counties that participate in the National Flood Insurance Program to enact “pre-implementation compliance measures” to adhere to new floodplain regulations related to a 2009 lawsuit alleging the program adversely impacts endangered species.

The NFIP requires local governments to enforce floodplain management ordinances in exchange for enabling residents to purchase federal flood insurance.

Counties must choose one of three options: adopt a model ordinance written by FEMA that requires development in the floodplain result in “no net loss” to undeveloped space, pervious surface and trees; require habitat assessments and mitigation plans on a permit by permit basis or prohibit development in flood zones.

“There’s three options and it sounds like there’s no wiggle room,” Commissioner Kit Johnston said last week. “You pick one of the three.”

County Administrator Ken Huffer recommends the permit-by-permit route while final rules are being decided, according to a staff report.

“This would allow the county to see how other cities and counties implement these changes and respond to legal challenges,” Huffer said.

Gov. Tina Kotek wrote a letter to FEMA in September asking to pause the pre-compliance program and work with Oregon agencies to set up a collaborative framework. Oregon Sens. Jeff Merkley and Ron Wyden also wrote asking for the pre-compliance deadline to be pushed back to March 1, 2025 in a letter cosigned by Oregon House congressional members Earl Blumenauer, Suzanne Bonamici, Val Hoyle and Andrea Salinas.

At last week’s meeting, board members criticized FEMA for not responding to the requests from Oregon leadership.

“This is a significant change to the requirements for that program that will impact land use approvals and development and building codes and all of the things in the county,” Chair Lindsay Berschauer said. “Hopefully FEMA is responsive to our congressional delegation and their request to push this off, however they’ve been silent so far.”

“(FEMA) haven’t been responsive and all of the counties I think except for three or four would be impacted by this,” Commissioner Mary Starrett said. “Complete silence.”

Also at Thursday’s meeting, the board will vote to execute a grant agreement with Alyrica Networks Inc. for $2,697,372 to provide broadband access to residents in Unionvale, Hopewell and Wheatland.

The board chose the proposed Alyrica plan to boost internet access to areas in the southeast corner of Yamhill County over two other proposals last month.

The board will also vote to allow the Department of Community Justice Adult Division to apply for a $5,000 city county insurance services public safety grant. If approved, the funding would be used to purchase defensive tactics equipment including a confrontational simulation suit and grappling dummy, according to YCDCJ Director Jessica Beach.

The department began in-house defensive training for parole and probation officers in 2022 and recently implemented defensive tactics training courses monthly, according to Beach.

“The equipment would afford opportunities for skills trainers to demonstrate techniques and students to practice on ‘dummy’ opponents to avoid injuring one another in confrontational simulation training,” she said.

The commissioners will meet Thursday, Nov. 7, at 10 a.m. in room 32 of the Yamhill County Courthouse, 535 N.E. Fifth St. The public may attend in person or by Zoom or watch the meeting live-streamed on YouTube. The Zoom link is embedded in the agenda online; the agenda, meeting packet and links to YouTube and an audio recording are located on the county’s meetings webpage at co.yamhill.or.us/meetings.