Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Floodplain Habitat topic
No spam. Unsubscribe anytime.
Troutdale staff outline new FEMA-driven floodplain 'no net loss' requirement and plan to add permit-level habitat reports
Summary
Staff told the Planning Commission the city will meet FEMA's pre-implementation compliance measure by requiring a habitat assessment report from a qualified floodplain professional for developments in mapped floodplain and vegetation corridors; commissioners raised questions about enforceability and on-site mitigation requirements.
City planning staff briefed the Troutdale Planning Commission on Jan. 8 about a new federal requirement tied to FEMA's response to a court ruling that imposes "no net loss" habitat standards for development in floodplain areas.
Planner Nick (and other staff) explained FEMA offered three compliance paths: (1) adopt FEMA's model code, (2) require a permit-by-permit habitat assessment demonstrating no net loss, or (3) prohibit development in the floodplain. Staff recommended option two — a permit-by-permit submittal requirement — because it aligns with existing local practice and avoids an immediate ban on development.
Under the proposed change, a floodplain development permit application would include a flood-habitat assessment report prepared by a qualified professional (for example, a certified floodplain manager or engineer) that evaluates impacts to flood-plain functions and identifies mitigation measures that meet the National Marine Fisheries Service (NMFS) 2016 biological-opinion no-net-loss standards cited in FEMA guidance. Staff said the report will be routed to the city's floodplain consultant for review and that permit approval would depend on meeting the biological-opinion standard.
Commissioners asked how "habitat" and "no net loss" are defined and how on-site mitigation will be enforced. Staff said FEMA's guidance is still evolving and that FEMA has not provided a detailed, universally accepted definition of "no net loss," so Troutdale will rely on the professional assessment and the city's floodplain manager for technical review. Staff cautioned that FEMA has paused map-change processes (LOMA/LOMR) for an approximately five-year period, which complicates remapping as a mitigation path.
Staff said the city received FEMA's deadline to choose a compliance path and that code amendments will follow to require the report as part of the floodplain development-permit materials (Chapter 14 edits). Staff noted the city's existing floodplain and vegetation-corridor protections are already detailed and that, in most cases, the permit-by-permit approach is the clearest path to maintain the city's participation in the National Flood Insurance Program.
Ending: Commissioners expressed concern about enforcement clarity and potential impacts on long-term mitigation projects that had relied on off-site mitigation. Staff said they will bring a draft code amendment to the commission for recommendation to council and will continue coordinating with the city's floodplain consultant and legal counsel as FEMA releases additional guidance.
