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Kenai Borough delays adoption of revised FEMA flood maps after residents object
Summary
The Kenai Peninsula Borough Assembly postponed action on an ordinance to adopt FEMA's revised Kenai River flood insurance study and maps until Feb. 4 after residents said the maps misstate current conditions and would impose costly permitting requirements.
The Kenai Peninsula Borough Assembly on Jan. 21 postponed action on Ordinance 2024-35, which would amend KPB 21.06.030 to adopt the most recent FEMA flood insurance study and associated Flood Insurance Rate Maps for a 47-mile stretch of the Kenai River, after several property owners and planning staff urged more time to work with the borough's congressional delegation and FEMA.
The ordinance would incorporate FEMA's revised river mapping into borough code; the borough planning director told the assembly that FEMA has said the maps must go into effect by Feb. 28. Assembly member Eklund moved to postpone the ordinance to the assembly's next meeting on Feb. 4; the assembly approved the postponement by unanimous consent.
Why it matters: The revised mapping affects dozens of Kenai River property owners by raising base flood elevations along portions of the river and, according to residents, can trigger requirements for expensive hydrology or engineering studies for privately funded improvements. Those requirements, residents said, could make routine construction or additions cost-prohibitive.
Residents representing the Kenai River Keys subdivisions told the assembly they are not disputing FEMA's modeling accuracy but contend the agency's timing and snapshot approach fail to account for a temporary sedimentation event upstream that they say is already migrating downstream. "We don't dispute the accuracy of their data nor their hydrology model which raised our flood elevations," said Frank Turpin, president of the Kenai River Keys Property Owners Association, who asked the assembly to delay adoption to allow the delegation time to intervene.
Property owner Matthew Fagnani told the assembly that FEMA's outreach and public-notice process was inadequate and said the maps represent "an overreach of the government's authority" because they now designate properties as in the floodway despite owners' statements that those properties have never flooded. Fagnani said homeowners face potential costs "upwards of $40,000" to obtain hydrology studies that may be required to secure permits.
Planning Director Robert Ruffer answered assembly questions about scheduling and risk. "I don't think, in postponing one meeting would have any adverse effect," Ruffer said, noting FEMA's stated Feb. 28 deadline but saying a short delay could allow the borough and residents to press their case with the congressional delegation.
Assembly discussion focused on balancing residents' requests for additional review with the borough's obligation to meet federal deadlines. Eklund's postponement motion passed without objection; the assembly will take up Ordinance 2024-35 again on Feb. 4.
The record of the public hearing includes detailed testimony from Turpin and Fagnani, a summary of FEMA's methodology from planning staff and questions from several assembly members about how FEMA assembled its cross sections and lidar data.
