Cities vote on new FEMA floodplain regulations
Cities vote on approach to flood plain regulations
McMinnville and the county choose permit-by-permit option
Local municipalities and the county have voted on how to move forward with new rules from Federal Emergency Management Agency (FEMA), which require cities and counties that participate in the National Flood Insurance Program (NFIP) to enact “pre-implementation compliance measures.”
Municipalities had a Dec. 1 deadline to adhere to new flood plain regulations related to a 2009 lawsuit alleging the program adversely impacts endangered species. However, the project will not be implemented until 2027. The NFIP requires local governments to enforce flood plain management ordinances in exchange for enabling residents to purchase federal flood insurance.
Counties and municipalities were required to choose one of three options: adopt a model ordinance written by FEMA that requires development in the flood plain resulting 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.
On Nov. 7, Yamhill County decided on the permit-by-permit option.
“I don’t believe we’ll have (a permit application) until next year,” said county planning director Ken Friday.
If the FEMA ordinance was adopted, the county would have to issue Measure 56 notices to every property owner who has flood plain land, which is approximately 3,900 parcels, according to Friday.
Friday said that option would probably have resulted in hearings with a strong likelihood of appeals of any code adopted.
Friday said Clackamas and Lincoln counties are moving forward with the draft ordinance, while Polk County is taking a similar wait-and-see approach with the permit-by-permit route.
Commissioner Mary Starrett has heavily criticized the mandate, which many Oregon legislators including Gov. Tina Kotek have asked for more time to implement. She called the measures a “bureaucratic nightmare” and said the requirements will further restrict property owners’ land use. She has said the new regulations hinder landowners’ ability to live on and operate their own property, and that 3,900 Yamhill County property owners are having their flood insurance weaponized.
She criticized FEMA for not responding to letters from Oregon leadership asking for more time.
City of McMinnville also opted for a permit-by-permit review in October.
The Lafayette City Council voted 3-2 at the Nov. 14 regular meeting to adopt a federal model flood plain ordinance once it becomes available. Councilors Lee Gilgan and Jessica Kitt voted opposed.
City Manager Braden Dross said because the city has little property in the flood plain and few permits for building in the flood plain, the case-by-case option may be too expensive for the city, as they would need a consultant to confirm each are following new regulations.
Councilor Joe Carswell said he did not like either option, but voted in favor of adopting the new ordinance, as he didn’t want the city to accept the default option of permit-by-permit process, as it would be more expensive in the long run.
Sheridan City Council unanimously voted on Nov. 16 to direct staff to contact FEMA notifying they would adopt the federal model flood plain ordinance.
Carlton City Council voted 5-0 on Dec. 3 to approve the first reading of the flood plain ordinance. No one spoke against the ordinance at the public hearing. The council will vote on the second reading of the ordinance at the January regular council meeting.
The city of Willamina was scheduled to vote on a recommendation from the city engineers on Dec. 10, but instead will hold a joint work session with the planning commission in February 2025 before deciding in March 2025.
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