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County continues case-by-case approach as FEMA PICM litigation proceeds
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…
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