Wasco County held the first of two scheduled Board of Commissioners hearings July 2 on proposed text amendments to its Land Use and Development Ordinance tied to FEMA’s updated floodplain standards. Planning staff urged the board to consider adopting FEMA’s model code to meet new “no net loss” standards and to reduce audit risk.

Daniel Doherty, Wasco County planning division director, summarized the county’s options and staff recommendation. He said the FEMA direction is driven by a biological opinion in a recent settlement that identified impacts on threatened and endangered fish and habitat, and that FEMA is requiring jurisdictions participating in the National Flood Insurance Program (NFIP) to adopt standards that avoid “no net loss of floodplain function.” Doherty told the board the planning commission recommended approval of the model code.

Why this matters: Doherty said the proposed regulations affect new development in floodplain areas, including requirements to replace lost floodplain functions when an undeveloped area is converted and specific mitigation ratios for replacement. He said the county’s internal GIS shows roughly 700 properties in the flood zone, and that 51 parcels were completely inundated under the mapped area used for the staff analysis. Under the proposed approach, fully inundated parcels would face more constrained mitigation options.

Key points from staff: Doherty described three mitigation-preference tiers — mitigation on the same parcel, mitigation within reach on the same stream reach, and mitigation elsewhere within hydraulically connected areas — and noted multiplier ratios that increase mitigation requirements when mitigation is provided off the parcel. He said certain routine activities (including routine silviculture and newly added hazardous-fuels-reduction provisions) are exempted by the model provisions. Doherty also noted that FEMA has updated its model code since the planning commission recommendation and that the county sought review by the Department of Land Conservation and Development (DLCD).

Proceedings and next steps: The board opened public testimony and took comments; staff received questions but no immediate technical remands. Commissioners agreed to continue the hearing and set the next board hearing for Nov. 5, 2025, at 9:30 a.m. for additional deliberation, written materials and possible final action.

Risks and context: Staff warned of potential litigation and takings claims in other jurisdictions pursuing similar rules and said adopting FEMA’s model code may reduce audit risk because it aligns closely with federal guidance. The county is not changing flood maps as part of this action; FEMA’s map revision process remains a separate timeline.