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Wheeler delays Pick'em decision, directs staff to continue coordinating with FEMA and DLCD
Summary
After a presentation on FEMANFIP options, the Wheeler City Council directed staff to keep working with FEMA and the Oregon Department of Land Conservation and Development and postponed any formal decision on a temporary development moratorium until January for further study and public engagement.
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TJ, a city presenter on floodplain issues, told the Wheeler City Council on Dec. 17 that the city faces three options for complying with recent FEMA NFIP guidance: adopt a model ordinance, pursue a permit-by-permit approach, or implement a temporary development moratorium in the floodplain. He urged councilors to weigh four criteria he proposed'equity, neutrality, efficiency and productivity'before selecting a path.
The presentation highlighted legal and operational uncertainties: TJ told the council that the FEMA model ordinance remains incomplete, that Measure 56 notice requirements may apply in Oregon and could require additional outreach to potentially affected landowners, and that substantial staff time and technical resources would be needed to implement many options. "Our recommendation provided by legal counsel is to postpone this decision on a temporary moratorium until the January 2025 city council meeting," TJ said, explaining the city had told FEMA it was deferring a final pick'em selection while gathering more information.
Councilors pressed for concrete information about the impact on specific properties and local businesses. One councilor said downtown merchants and landlords needed a clear map and a list of affected addresses so they could understand whether existing or planned improvements would be constrained; TJ responded that a map is available on the city's website and offered to provide paper copies and a work session in January. Members also asked whether permit applications filed before a moratorium would be stalled; TJ said applications submitted before the effective date would generally remain in process and be treated as already filed.
The council voted to direct staff to continue coordination with FEMA and the Oregon Department of Land Conservation and Development (DLCD) and to move formal deliberation to January, with a February public hearing remaining the next key public step in the timeline. The motion instructs staff to document the schedule and to return with planning-commission recommendations and legal counsel input ahead of the public hearing.
What happens next: staff will provide a fuller property-by-property map, convene a planning commission work session in January, and return to council with legal guidance and public-notice steps to support the February hearing. The council emphasized the schedule is not set in stone and said it expected to request extensions from FEMA if more time is needed.
