In a recent government meeting, officials discussed new limitations imposed by FEMA on development within floodplain areas, following a series of lawsuits related to the National Floodplain Insurance Program. The lawsuits highlighted deficiencies in how the program evaluated compliance with the Endangered Species Act, prompting FEMA to require cities to adopt pre-implementation compliance measures.

City representatives outlined three options for addressing these new FEMA requirements, which must be communicated to FEMA by December 1st and implemented by July 1st of the following year. The first option involves a complete moratorium on development within the 100-year floodplain. However, officials expressed concerns that this approach could conflict with Oregon's land use regulations and potentially lead to legal claims from property owners.

The second option is to adopt a cumbersome model ordinance provided by FEMA, which would significantly increase the complexity of floodplain regulations. City staff noted that the current floodplain overlay code is already extensive, and the proposed model could add an additional 30 pages of requirements, necessitating considerable staff training and resources.

The third option, which city staff recommended, is a permit-by-permit approach. This method would allow property owners to develop within the floodplain on a case-by-case basis, provided they conduct habitat assessments to ensure no net loss of endangered species habitats. This option is seen as less burdensome for the city and property owners, as it aligns more closely with existing regulatory processes.

City officials emphasized the urgency of making a decision to comply with FEMA's deadlines while balancing the needs of property owners and environmental protections. The recommendation for the permit-by-permit system aims to streamline the process and minimize potential legal challenges, ensuring that the city can continue participating in the National Floodplain Insurance Program.