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Council keeps permit-by-permit approach to FEMA pre-implementation compliance measures for floodplain development
Summary
Grants Pass City Council adopted a resolution to continue a permit-by-permit habitat-assessment approach for projects in the 100-year floodplain as required by FEMA/NMFS pre-implementation compliance measures; councilors discussed costs, scope and enforcement implications before a unanimous vote.
The Grants Pass City Council unanimously adopted a resolution authorizing the city's floodplain manager to carry out FEMA-required pre-implementation compliance measures (PICMs) on a permit-by-permit basis, preserving a case-by-case review process for development in the 100-year floodplain.
A staff presentation explained the action responds to obligations tied to the National Flood Insurance Program (NFIP) and a 2016 Biological Opinion by the National Marine Fisheries Service (NMFS) addressing endangered salmon and steelhead. The PICM timeline requires communities to select interim measures; the city selected the permit-by-permit approach, which requires a habitat assessment from applicants showing developments will result in "no net loss" to floodplain functions. City staff noted the option avoids a blanket moratorium and avoids adopting a separate model ordinance, instead requiring individual analyses for any proposed work inside the regulated floodplain.
Councilors asked about costs and practical implications. Staff said the city must mail notices to about 88 property owners in the regulated floodplain (a minor mailing cost) and that the cost of applicant-prepared habitat assessments would vary by parcel. Staff also said the city currently monitors about 704 acres of mapped 100-year floodplain within city boundaries, including roughly 35.5 acres of undeveloped land inside the 100-year zone; staff reported 38 undeveloped lots and 50 lots with some development in the regulated area. Staff warned that if the city declined to adopt PICMs it could be found out of compliance by FEMA, with potential enforcement outcomes including being removed from NFIP; staff said that would affect flood insurance availability and discounts. "We would get a notice from FEMA that says you're out of compliance and then they would give us x amount of time, to fix it," a staff member told councilors.
Councilor Indra moved to approve the resolution continuing the permit-by-permit approach; Joel seconded. The roll-call vote was unanimous: Joel, Yes; Kathleen, Yes; Seth, Yes; Rick, Yes; Indra, Yes; Eric, Yes. The motion removes the July 31, 2025 expiration date from a previously adopted resolution so the permit-by-permit approach continues until the council decides otherwise or FEMA finalizes long-term rules.
Staff emphasized the permit-by-permit option'used by many U.S. communities'allows staff to evaluate habitat and runoff impacts on a site-specific basis rather than imposing a citywide moratorium. Councilors asked for clarifications on modeling (including FEMA's flood insurance study) and noted the resolution does not itself change development approvals but sets how the city will evaluate any future permit applications in the floodplain.
The resolution passed 6-0. Council members and staff said property owners in regulated areas will receive mailed notice and that future applicants should expect to engage environmental or engineering consultants as needed to prepare habitat assessments.
