Portland council adopts emergency floodplain ordinance to maintain flood insurance eligibility

Portland City Council passed an emergency ordinance July 17 amending Portland City Code Title 24.5 (Flood Hazard Areas) to adopt FEMA'recommended pre-implementation compliance measures so the city remains eligible for the National Flood Insurance Program (NFIP).

The ordinance was presented by Claire Adamsick, a council policy analyst, who told council the measure "amends Portland city code title 24.5 flood hazard areas to bring the city as a participant in the National Flood Insurance Program into compliance with FEMA requirements" and incorporates FEMA's model code language and measures intended to prevent net loss of fish habitat.

Council and staff said the change is time-sensitive. Council President introduced two amendments: one clarified the definition of "functionally dependent uses" to remove a newly added phrase that could be interpreted to include indirect uses while retaining language excluding "long term storage or related manufacturing facilities," and a second amendment added an emergency clause so the ordinance could take effect before FEMA's July 31 deadline. Patricia Diefendorfer, a city permitting bureau attorney, told council the wording change "will not change the way the, the rules are implemented," and was intended to reduce future ambiguity.

The committee history and public engagement were part of the staff summary: the ordinance was heard in the Climate Resilience and Land Use Committee on May 29 and June 12; staff reported 8 people testified at the first meeting, 3 at the second, and 14 written submissions. Testimony focused on protecting riparian habitat and salmon, tribal consultation, and the interplay between environmental protections and industrial uses in the North Reach of the Willamette River.

Public commenters included representatives of industry and conservation groups. Tanya Hartnett of the Working Waterfront Coalition urged caution about long-term impacts on harbor businesses and asked the council to keep the measure temporary in order to preserve industrial jobs. Charice Bach of 350PDX and Micah Muskell of Bird Alliance of Oregon urged passage to protect river habitat and maintain insurance eligibility; Muskell said, "The protections put in place today are important, for salmon, for people, and our economy." Marnie Glickman read testimony from Heather King of Willamette Riverkeeper urging the city not to weaken the federal language and opposing a sunset clause.

Council approved the first amendment (functionally dependent use wording) by roll call (recorded as 10 yes votes). Council then approved the emergency-clause amendment by roll call (recorded as 10 yes votes). With the two amendments adopted, the council passed the ordinance as an emergency ordinance by roll call (recorded as 10 yes votes). Councilors and staff repeatedly framed the ordinance as an interim step to meet FEMA deadlines while the city returns later to craft longer-term regulations after federal processes conclude.

The ordinance and amendments do not represent final, long-term code changes; council members and multiple witnesses emphasized the measure is interim and that the city will revisit rules after FEMA completes NEPA and finalizes long-term compliance guidance.

Votes at a glance

- Amendment (functionally dependent use definition) — Approved (10 yes; motion moved from the dais; second not specified in the public roll call) — outcome: approved. - Amendment (emergency clause) — Approved (10 yes; second recorded as Councilor Ryan) — outcome: approved. - Amended ordinance (emergency adoption of Title 24.5 changes) — Approved (10 yes) — outcome: approved as emergency ordinance.

What happens next

Because council adopted the ordinance as an emergency measure, it takes effect immediately. Staff and council said they intend to return with permanent rules after the federal process is complete.