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Fairview staff recommend adopting FEMA model ordinance with 'no‑net‑loss' standards, reject habitat‑assessment option as legally infeasible

City of Fairview Planning Commission · September 11, 2024
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Summary

Planner Alex outlined three FEMA pre‑implementation compliance options tied to a NMFS biological opinion: ban development in floodplains, adopt a model ordinance with no‑net‑loss standards, or require habitat assessments; staff and commissioners favored option 2 and will notify FEMA by Dec. 1.

At a Sept. 10 work session, Fairview planning staff briefed the commission on FEMA’s pre‑implementation compliance options that follow a National Marine Fisheries Service biological opinion and state rulemaking tied to the Endangered Species Act.

Planner Alex said the city must choose one of three options and notify FEMA by Dec. 1, and implement required code changes by July 2025. “These are pre‑implementation compliance measures required by FEMA,” Alex said.

Option 1 would prohibit all new development in the floodplain. Option 2 would adopt a model…

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