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City moves to add mitigation-assessment requirement to floodplain overlay as FEMA and NMFS rulemaking continues
Summary
City staff presented short-term code language and outreach plans to comply with new federal floodplain requirements tied to a 2016 National Marine Fisheries Service biological opinion and FEMA model ordinance; staff said the city will use a permit-by-permit mitigation assessment approach while the federal environmental review proceeds.
City staff briefed the committee on proposed amendments to Oregon City’s floodplain management overlay to comply with interim federal requirements tied to a National Marine Fisheries Service (NMFS) biological opinion and new FEMA guidance.
Staff said the federal process follows litigation and a 2016 NMFS biological opinion on floodplain impacts to listed species. FEMA issued model floodplain language and gave Oregon jurisdictions three choices: adopt the model ordinance, conduct permit-by-permit mitigation assessments that meet a “no net loss” standard, or prohibit all new development in the floodplain. Staff…
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