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Nehalem Council adopts floodplain ordinance requiring permit-by-permit ESA reviews; developers warn of cost and uncertainty

Nehalem City Council · January 13, 2025
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Summary

The Nehalem City Council on Jan. 13 adopted Ordinance No. 2025-01 to align its flood hazard overlay with FEMA/NFIP Endangered Species Act requirements by using a permit-by-permit review that requires qualified biological reports; residents and property owners raised concerns about assessment costs and uncertainty for planned development.

Nehalem City Council on Jan. 13 adopted Ordinance No. 2025-01, amending Chapter 157.210 of the Nehalem Development Ordinance to implement Endangered Species Act (ESA) requirements tied to the National Flood Insurance Program (NFIP) through a permit-by-permit review process.

City Attorney Carrie Richter told the council the change responds to a federal settlement that requires FEMA to ensure NFIP compliance with the ESA and that FEMA has directed communities to adopt local measures. Richter described three compliance options — permit-by-permit review, adoption of a FEMA model code, or a development moratorium — and said the city had notified FEMA on Dec. 1, 2024 that it would pursue the permit-by-permit approach. That approach requires applicants to provide a biological report prepared by a qualified biologist; the city will verify that the report exists and that the…

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