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Ecology asks Okanogan County to document prosecutor referral or title flag to close floodplain compliance file

Okanogan County Board of Commissioners · October 27, 2025
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Summary

The Washington Department of Ecology asked Okanogan County to document a prosecutor referral or place a recorded notice on a parcel to resolve one remaining item from a community assistance visit involving suspected unpermitted work in a mapped floodplain.

Sandra Floyd, floodplain management specialist for the Washington Department of Ecology, told commissioners Ecology’s community assistance visit (CAV) file for Okanogan County is nearly resolved but one parcel remains outstanding. Imagery and field review suggest substantial, potentially unpermitted, work on a building in a mapped floodplain. Ecology staff said they could not conclusively determine whether the recent roof and exterior work rose to FEMA’s “substantial improvement” threshold without either owner cooperation or a county‑level enforcement action.

Floyd advised the county that the standard ways to close a CAV are either: (a) obtain a prosecutor‑office referral or other formal letter indicating the county has placed the matter with legal counsel and will pursue enforcement, or (b) record a county‑level notice or flag on the parcel title or in the county permitting/parcel system so the condition is documented and will surface on future permitting. She warned that pursuing an appeal/exemption through FEMA is a longer, resource‑intensive path and should be a last resort.

County staff said they will contact the prosecutor’s office to ‘test the water’ about taking the matter on; staff also asked the assessor and permitting staff to explore a recorded notice or permitting flag to document the compliance issue. Ecology said either formal prosecutor involvement or a recorded county action would be sufficient for Ecology to close the CAV. Commissioners requested staff follow up: make a prosecutor referral if the office is willing to accept the case, or arrange a recorded notice/flag on title to document the county’s knowledge of the issue.

No enforcement action or prosecution was recorded in the meeting; Ecology asked only that the county document its chosen action so the state can close the assistance file.