Staff urges Crook County to default to permit-by-permit approach for FEMA pre-implementation deadline

Katie McDonald, Crook County senior planner, briefed the board on FEMA’s pre-implementation compliance measures (PICM) and the informal December 1 deadline for jurisdictions to indicate which approach they plan to use. She described three paths: a full model-code update (based on Oregon’s model floodplain code with an added special-flood-hazard chapter), a permit-by-permit habitat assessment approach, and a narrower model that applies only in specific mapped areas.

Katie said the model-code update would be a multi-step process requiring vetting by building and planning departments and the planning commission and that staff do not have time to complete such an update before the Dec. 1 deadline. She noted FEMA has revised its language after local feedback and that, for Crook County, NOAA/ESA habitat mapping shows limited orange-designated habitat in most of the county. Staff therefore recommended defaulting to the permit-by-permit option, which would require building a file for each applicable permit and using local partners (watershed council, ODFW, irrigation districts) for technical input when needed.

Commissioners and members of the public raised concerns about the potential for expanded state regulatory involvement (ODFW) and the costs and uncertainties for landowners. Staff acknowledged those concerns, said FEMA has signaled flexibility and that Wasco County has already moved toward the model ordinance process, and recommended that Crook County preserve flexibility while continuing to seek targeted technical assistance from FEMA to understand audit requirements.