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Clallam County adopts ordinance tightening rules for frequently flooded areas
Summary
The County Commissioners approved an amendment to Chapter 27.12 (Critical Areas — Frequently Flooded Areas) to align local code with FEMA requirements, designate the floodplain administrator, and change how floodway impacts are measured.
Clallam County commissioners on June 10 approved an ordinance amending Chapter 27.12, Part 5 (frequently flooded areas) to align local code with updated FEMA requirements and to preserve the county's standing in the National Flood Insurance Program.
The change narrows allowable cumulative floodway impacts: where the code previously allowed a one-foot aggregate rise in base flood elevation from encroachments, the amended language requires no rise (0 feet). County staff also clarified that the county’s floodplain administrator position resides with the director of community development.
County staff told the board the amendments were made to satisfy FEMA’s updated definitions and enable continued participation in the National Flood Insurance Program. Commissioners said maintaining NFIP eligibility was the immediate practical reason to update local code; staff warned that failure to adopt the revisions could lead to removal from NFIP and prevent new flood insurance purchases in the county.
At the planning commission level, staff reported unanimous support for the changes after limited drafting adjustments. During the public hearing, several residents raised concerns. Ed Bowen and John Worthington argued the changes could amount to a regulatory taking and criticized the planning process and adoption-by-reference steps; other residents asked how the change would affect property owners who bring in fill or otherwise alter lot elevation. Staff explained that compensatory storage or on‑lot mitigation would be required where a proposed change displaces flood volume so downstream water surface elevation does not increase.
The board opened and closed the public hearing, then voted to adopt the ordinance as presented. Commissioners did not provide a roll-call tally in the minutes recorded; the motion carried.
The ordinance amends definitions and procedural language in Chapter 27.12. Staff said additional administrative language will guide permit review and coordination with state and federal floodplain programs going forward.
