Troutdale planning commission recommends council adopt FEMA-driven floodplain habitat assessment requirement

The Troutdale Planning Commission on Feb. 12 recommended that the city council adopt a text amendment to Chapter 14 of the Troutdale Development Code that would add a “flood habitat assessment report” to the submittal requirements for all floodplain development permits.

City planning staff said the change responds to new FEMA pre-implementation compliance measures (PICMs) tied to the National Flood Insurance Program and a 2016 National Marine Fisheries Service biological opinion. Dakota Meyer, Associate Planner for the City of Troutdale, told the commission that staff selected a permit-by-permit approach that requires an assessment and mitigation plan for individual projects.

Staff said the proposed amendment inserts a new submittal requirement into Section 14.035(d) so that applicants for development in the 100-year floodplain must include a flood habitat assessment report that demonstrates “no net loss” to listed species and habitat values described by the biological opinion. Meyer said FEMA gave communities three pathways: prohibit development in the special flood hazard area; adopt a 2024 model ordinance that mandates mitigation to a no-net-loss standard; or require a site-specific habitat assessment and mitigation plan on a permit-by-permit basis. The staff recommendation favors the third option.

Commissioners asked how the city would enforce mitigation, whether mitigation could be off-site, and how quickly code could be changed if FEMA revised its requirement. Meyer answered that the city would review mitigation plans prior to approval and that the city is responsible for verifying implementation. He said staff chose the permit-by-permit pathway because Troutdale’s existing code is already more restrictive than the proposed model ordinance and because the PICM selection process sunsets within five years. Meyer also noted FEMA set a Dec. 1, 2024, deadline for communities to select a PICM; communities that did not choose would default to the permit-by-permit option.

Commissioner Wilcox pressed staff on the difference between a mitigation requirement and a mitigation plan; Meyer said the latter requires submittal and review of how the applicant will meet no-net-loss standards before development occurs. Wilcox and other commissioners raised practical concerns about limiting mitigation to the development site rather than allowing mitigation in the broader area, which they said could be more effective scientifically but less consistent with FEMA’s framework.

After public testimony closed with no members of the public speaking for or against the amendment, Commissioner Shirley Prickett moved to recommend approval of case file 75-18 to the city council; a speaker identified as Zach seconded. Commissioner Andrews abstained from the vote because Andrews is scheduled to take a city council seat and was advised to abstain on this Type 4 hearing; Commissioners Minkoff, Vice Chair Frickett, Wilcox, Chair Stephenson, and Allen voted in favor. The commission’s recommendation passed (yes 5, abstain 1).

The staff report lists the city council hearings on the amendments for March 11 and April 8, 2025, and gives an earliest effective date of May 8, 2025 if the council adopts the text amendment. Staff said the amendment is a recommendation to council; the council will make the final decision.

The commission discussion made several implementation and enforcement points: mitigation plans must be submitted with permits so city staff can verify they meet local mitigation standards and the no-net-loss standard; the city will enforce mitigation as a condition of approval; and the chosen pathway was judged to minimize wholesale code changes while complying with federal expectations.

The change applies to development within the city’s 100-year floodplain; the transcript did not specify the number of parcels or residents affected. The amendment is intended to align Troutdale’s floodplain permitting with the 2016 National Marine Fisheries Service biological opinion and FEMA’s PICM requirements and to preserve community eligibility for NFIP benefits.

Votes at a glance

- Case file 75-18 (FEMA): Motion to recommend approval to the city council to amend Chapter 14 (flood management) to add a flood habitat assessment report to Section 14.035(d) submittal requirements. Moved by Commissioner Shirley Prickett; seconded by Zach. Vote: Yes 5 (Minkoff, Frickett, Wilcox, Chair Stephenson, Allen); Abstain 1 (Commissioner Andrews). Outcome: recommendation approved by the Planning Commission; final decision by City Council.

Sources and next steps

Staff (Dakota Meyer) will forward the commission recommendation and the record to the city council for two public hearings on Mar. 11 and Apr. 8, 2025. If the council adopts the amendment, the earliest effective date listed in staff materials is May 8, 2025.