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County staff to adopt FEMA interim habitat measure into floodplain code; staff say requirement will be applied case-by-case
Summary
Morrow County planning staff said they will codify an interim FEMA requirement for habitat assessment into the countys floodplain ordinance and apply the new requirement on a case-by-case basis, a change they say will satisfy FEMA for now but could be adjusted later.
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Greg (planning staff) told commissioners the county will add a narrowly tailored change to its floodplain development standards to reflect interim requirements tied to FEMA and federal habitat concerns. "There is one change we're also implementing based on FEMA requirements," Greg said, describing a provision that lets the county require habitat assessments when warranted and leaves the planning director discretion to determine when such studies are necessary.
Staff said the county has already implemented the state rules administratively since Jan. 1 and that adding the measure to local code makes the process more transparent. The staff presentation noted that the county has discussed the draft language with a state contact and believes the language will "check the box" with FEMA: "We've talked with Dan Kearns about that as well to determine, you know, if what we're putting in will satisfy that. And he's in agreement that that we're putting in, we'll keep FEMA essentially, we'll keep FEMA off our backs," Greg said.
Staff provided one local example of how the rule has applied: the Port of Morrow's Kinzoa Mill site, where mitigation tied to a Letter of Map Revision included habitat analysis. Planning staff said the mitigation work (removing an old bridge abutment and associated material) is expected to lead FEMA to redraw the map, removing roughly 40%–50% of the area from the floodplain overlay when mitigation is complete, which will change development requirements on those parcels.
The county emphasized the approach is intentionally minimal: staff said the code will say habitat assessments "may" be required and that the director will exercise discretion so the county does not need to force assessments unless FEMA or regulatory partners require them.
Ending: Staff said they will finalize the floodplain-code wording and check with FEMA and the state floodplain coordinator before returning with a formal ordinance package.

