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FEMA faces pressure to protect endangered species in flood zones

November 13, 2024 | Springfield, Lane County, Oregon


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FEMA faces pressure to protect endangered species in flood zones
In a recent government meeting, officials discussed critical compliance measures related to the National Flood Insurance Program (NFIP) and its implications for endangered species in Springfield. The meeting highlighted the ongoing challenges faced by the Federal Emergency Management Agency (FEMA) in implementing a 2016 biological opinion aimed at protecting 16 threatened fish species and the southern resident killer whale.

FEMA's draft implementation plan, issued between 2020 and 2021, was met with legal action in 2023 due to perceived inaction on the biological opinion. In response, FEMA communicated pre-implementation compliance measures to the city, which are designed to align local floodplain management with the Endangered Species Act (ESA).

City officials outlined three primary compliance pathways, which must be selected by December 1, 2024. The options include adopting a model floodplain management ordinance that emphasizes habitat protection, reviewing individual development proposals for habitat mitigation, or prohibiting new development in flood-prone areas. A fourth option, not officially recognized by FEMA, involves withdrawing from the NFIP altogether.

The discussion also revealed that Springfield currently has only 40 NFIP policyholders and issues a limited number of floodplain permits annually. Most of the city’s flood-prone areas are residential, with significant commercial zones also affected. The implications of the chosen compliance pathway could significantly impact land use and development in these areas, transferring compliance burdens from FEMA to local property owners.

Concerns were raised about the financial implications of these compliance measures, particularly the costs associated with biological assessments and potential construction mitigation. Estimates for these assessments range from $8,000 to $30,000, not including construction costs.

As the city prepares to make a decision on the compliance pathway, officials emphasized the importance of moving forward to avoid suspension from the NFIP, which could jeopardize federal funding for local floodplain projects. The council is expected to finalize its choice by December 2, 2024, with a report to FEMA due in January 2026. The meeting underscored the urgency of balancing environmental protection with community development needs in the face of federal mandates.

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