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Wheeler planner warns FEMA BiOp compliance will force local decisions on floodplain development by Dec. 1
Summary
Contract planner TJ Fiorelli told council that FEMA's pre‑implementation compliance measures (PICMs) require every Oregon city to pick a compliance path by Dec. 1, and described three options—adopt a model ordinance, create mitigation/permit tools, or prohibit development—warning of consequences for housing and developable land where species habitat is identified.
TJ Fiorelli, the City of Wheeler’s contract planner, briefed council on Oct. 15 about the FEMA biological opinion (BiOp) process and the pre‑implementation compliance measures (PICMs) that affect floodplain development. Fiorelli said the measures stem from litigation and a 2016 biological opinion that found National Flood Insurance Program activities could jeopardize threatened and endangered species.
Fiorelli described three PICM paths FEMA sent to affected Oregon jurisdictions: adopt FEMA’s model ordinance, develop a mitigation plan and site‑specific permitting approach, or prohibit development in the floodplain. "All cities must select a PICM by December 1," he told the council, and earlier webinars and regional planners' workshops are intended to help jurisdictions decide.
Why it matters: Fiorelli said the BiOp primarily protects aquatic habitat functions used by species such as coho salmon. He warned that implementing the PICMs could impose significant restrictions on lands previously considered developable and may complicate local goals to increase housing supply.
Council members asked what mapping and technical data exist to identify the species' habitat and how the county or state will support small cities. Fiorelli said habitat functions and values are known to exist but have not been fully spatially identified and quantified; that mapping and technical assessment work are among the implementation tasks that remain. He also noted Clatsop County is considering a temporary moratorium on floodplain development as one local response to the uncertainty.
Next steps: Fiorelli said he invited the county’s Community Development Director, Sarah Abshert, to the Nov. council meeting to discuss how neighboring jurisdictions are approaching the selection process and what county recommendations might be available. He also encouraged councilors to send questions in advance of a scheduled FEMA workshop for planners.
