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Wheeler council declines action, defaults to FEMA's permit-by-permit requirement ahead of Dec. 1 deadline
Summary
City planner TJ Ferreira told council that FEMA requires jurisdictions to choose one pre-implementation compliance measure by Dec. 1; the council agreed by consensus to take no action at the November meeting, which will default Wheeler to FEMA's permit-by-permit approach while staff and counsel continue to review legal options.
City planner TJ Ferreira told the Wheeler City Council at its November meeting that FEMA had instructed jurisdictions to select one of three pre-implementation compliance measures (PICMs) under the National Flood Insurance Program and recommended the city take no formal action at this time, effectively defaulting Wheeler to FEMA's permit-by-permit option.
Ferreira reviewed the program's history, noting a 2010 settlement from litigation by environmental groups that led FEMA to consult with NOAA Fisheries and produced a biological opinion concluding the NFIP threatened listed species. He said FEMA began creating PICMs in 2017, posted guidance and FAQs this fall, and sent a 2024 letter asking jurisdictions to select one of three options by Dec. 1: adopt a model ordinance (a 'no net loss' standard), implement permit-by-permit habitat assessments, or…
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