Talent planning commission recommends council adopt FEMA-aligned floodplain ordinance with conditions

On Nov. 26, 2024, the City of Talent Planning Commission voted to recommend that Talent City Council adopt ordinance read aloud during the hearing (spoken in the meeting as "24 9 8 6 0") to align the city's floodplain regulations with FEMA's short-term pre-implementation compliance measures (PICMs).

Rowan Fairfield, a contract land use planner with RVCOG, told the commission FEMA provided "3 choices with the deadline of December 1" and that staff drafted an ordinance based on FEMA's model code to meet the agency's no-net-loss performance standards tied to the Endangered Species Act. Fairfield summarized the model-code proxies as "undeveloped space, pervious surfaces, and trees," and described new reporting that would require tracking project-level fill, compensatory storage, new impervious surface and trees removed or replaced.

Community members and property owners urged caution. A commenter identifying representation of West Valley View LLC said the proposed expansion of a riparian buffer measured from the ordinary high-water mark (described in the presentation as about 170 feet) "greatly restricts the development potential" for lots adjacent to Wagner Creek and Bear Creek and argued a one-size-fits-all buffer "could be viewed by some as a property taker." Karen Schrader, a property owner on Towne Avenue, said the change would make previously buildable small lots difficult to use. Jerry Hout, who described a recent rebuild on Oak Valley Drive, asked whether existing approved homes or empty lots would be forced to change; Fairfield answered that existing development would not be required to retrofit unless it is modified.

Commissioners pressed staff on practical impacts and enforceability. Commissioners asked what off-site mitigation options are available, how FEMA's reporting requirements would be implemented at the local level, and whether the proxies (for example, counting trees over 6 inches as a riparian proxy) adequately protect habitat. Fairfield said FEMA expects mitigation to occur within the same stream reach and acknowledged uncertainty about FEMA's reporting tool and how cities will implement the new forms.

Despite concerns that the draft ordinance lacks fully "clear and objective" standards under Oregon land-use law, the commission voted to forward a recommendation to council to adopt the ordinance with conditions. The motion asked staff to pursue additional clarifications and actions, including: asking the Department of Land Conservation and Development (DLCD) to confirm whether the model ordinance contains clear-and-objective standards; renaming or otherwise distinguishing the FEMAregulated riparian area in local materials to reduce public confusion; requesting a recommendation from urban forestry; and addressing reporting, off-site mitigation, and distinctions between rebuilding after the fire and new development.

Rowan Fairfield emphasized the practical pressure behind the proposal: FEMA's PICMs follow litigation and a 2016 biological opinion from the National Marine Fisheries Service that found some NFIP implementation in Oregon would likely jeopardize salmon and their habitat. Fairfield noted that FEMA has said communities that do not choose a pathway by the December 1 deadline risk defaulting into a "permit-by-permit" approach and, ultimately, possible loss of participation in the National Flood Insurance Program, which could affect mortgage requirements and access to federal flood insurance for homeowners.

The commission's recommendation will be transmitted to the city council, which has the final authority to adopt, modify or deny the ordinance. Commissioners and members of the public were directed to provide written comments to the record and the city indicated additional materials and links are available in the staff report packet.

The planning commission then moved on to other discussion items on the agenda and closed the meeting.