Planning staff briefed council on FEMA Region 10’s pre‑implementation compliance measures (PICMs) tied to a 2016 biological opinion and subsequent litigation. Staff said communities must choose one of three options (adopt FEMA’s model ordinance, require habitat assessment/mitigation permit‑by‑permit, or prohibit new development in the floodplain) and notify FEMA by Dec. 1, 2024.

Staff recommended adopting the FEMA model ordinance to meet the "no net loss" requirement for floodplain impacts while tailoring it to local code and housing standards. Staff warned that permit‑by‑permit reviews will need to begin Dec. 2 regardless of the path chosen, that implementation will be complex and resource‑intensive, and that communities that do not comply risk FEMA compliance visits, suspension from NFIP and loss of federal disaster relief eligibility.

Councilors expressed frustration with FEMA’s schedule and late guidance but agreed the consequences for noncompliance are serious. Councilor McLaughlin moved and Councilor Richardson seconded a motion directing staff to notify FEMA Region 10 of the city’s intent to begin implementation of the model ordinance no later than Dec. 1, 2024; the motion carried.

Next steps: staff will notify FEMA, proceed with permit‑by‑permit assessments beginning Dec. 2 as required, and work on adapting the FEMA model ordinance to local code. The city plans a thorough public notification process (including Ballot Measure 56 requirements) before adopting land‑use code changes tied to floodplain restrictions.