County continues case-by-case approach as FEMA PICM litigation proceeds
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Summary
Staff recommended and commissioners supported continuing a case-by-case, evidence-collection approach for FEMA PICM (Implementation Compliance Measures) while litigation over the rules proceeds; staff will return with a draft permit attachment and disclaimer for applicants.
Planning staff and the Board discussed Federal Emergency Management Agency Implementation Compliance Measures (PICMs) stemming from a biological-opinion process required to comply with the Endangered Species Act and how Josephine County should respond while litigation continues.
Staff explained FEMA issued guidance after litigation found some prior FEMA procedures inconsistent with the Endangered Species Act. FEMA’s new PICM requirements were distributed to counties with three implementation options: adopt an ordinance, impose a moratorium until an ordinance is in place, or process projects on a permit-by-permit basis. Staff told the Board that jurisdictions that do not choose an option are automatically placed into a permit-by-permit process.
County staff said litigation over the PICM requirements is pending in federal court and an injunction has been moved back to Oregon; the timing and outcome are uncertain and could take many months to a year or more. Staff recommended maintaining a case-by-case process and presented a proposed form to attach to floodplain permits so applicants could voluntarily supply the PICM-related information. Staff also proposed a clear disclaimer for applicants explaining the litigation and that the county had not adopted the FEMA requirements as code.
Public-works and stormwater staff described coordination with a Rogue Valley stormwater advisory committee ("SWAT team") and said some local jurisdictions have different water-quality goals and technical requirements; they are developing a regional model ordinance and a Rogue Valley stormwater design manual to align local MS4 permitting and water-quality standards. Staff warned that a FEMA-model ordinance could conflict with the MS4-oriented ordinance the region is drafting.
Commissioners asked about timing and risk. Staff said the litigation timeline is uncertain, that Jackson County has adopted PICM language into its code while other counties are in a watch mode, and that the county receives approximately two to three floodplain-related permit inquiries per week. The Board directed staff to bring back a revised case-by-case form with a disclaimer for applicants and to return a draft for review before implementation. No formal adoption of FEMA PICM requirements was made at the workshop.
