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Crook County weighs FEMAs NFIP pre-implementation options after biological opinion
Summary
Planning staff briefed commissioners on FEMAs request that counties choose pre-implementation compliance measures by Dec. 1; staff warned of paused map revisions, potential permit delays, and roughly 1,200 mapped parcels in Crook County.
Planning staff told the Crook County Board of Commissioners that FEMA has begun asking participating jurisdictions to select a pre-implementation compliance measure tied to a biological opinion under the Endangered Species Act and to start collecting data in January 2024.
"As of Aug. 1, they stopped reviewing what are called LOMRs and CLOMRs," the presenter said, describing a pause on letter-of-map-revision reviews that could slow developments and affect property owners. She summarized three county options required by FEMA: (1) adopt a strict limitation on development in mapped floodplain areas; (2) adopt an updated model floodplain code incorporating ESA measures; or (3) require an individual habitat assessment for each permit in mapped areas.
Why it matters: staff said the Environmental Impact Statement that would more fully define impacts has not yet been released, but FEMA is already moving forward with implementation measures. Commissioners and staff flagged potential legal and administrative conflicts: FEMA is not a state regulatory agency, but the Department of Land Conservation and Development (DLCD) oversees Oregons land-use rules, creating questions about timing, notice and takings exposure.
Commissioners pressed staff on local effects and mitigation. A commissioner noted the countys floodplain code dates to 2003; staff said Crook County has not adopted Oregons 2019 model floodplain code and that some FEMA-recommended language conflicts with the states natural-hazards mitigation plan. Staff also said GIS review shows about 1,200 parcels mapped by FEMA in the county, including irrigation canals and dry creek beds that may not match local conditions.
On insurance and participation: residents asked whether opting out of FEMAs requested changes would prevent access to federally backed flood insurance. Commissioners and staff said removal from NFIP would likely be a slow process and would have significant implications for mortgage-related insurance requirements, but details and timelines are uncertain.
Next steps: the board asked staff to coordinate with the citys planners, brief the planning commission on the Oregon model floodplain code, and draft a letter to the countys congressional delegation to document local concerns ahead of the Dec. 1 deadline for a choice of pre-implementation measure. Staff said it will return with an update before Dec. 1.
Sources: presentation and Q&A with planning staff and multiple commissioners during the Crook County Board of Commissioners meeting.
