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Staff proposes local code variant to meet FEMA endangered-species floodplain requirement
Summary
City staff presented a proposed legislative amendment to the Hubbard Development Code that would implement a clear-and-objective, permit‑by‑permit mitigation approach to comply with FEMA's pre‑implementation compliance measures (PICM) related to endangered species in floodplains; staff identified limited near-term risk and outlined hearings in July (planning commission) and August (council).
City staff presented a proposed amendment to the Hubbard Development Code to respond to FEMA’s new pre‑implementation compliance measures (PICM), which aim to address impacts to endangered‑species habitat in floodplain areas.
'Josh,' the staff presenter, summarized the background: a 2007 lawsuit and subsequent FEMA guidance prompted three broad compliance options (adopt FEMA's model floodplain ordinance, require habitat assessment/mitigation on a permit‑by‑permit basis, or prohibit development in flood hazard areas). Josh said FEMA’s initial options did not mesh with Oregon land‑use law’s requirement for clear and objective standards, so the city’s proposed code language offers an alternative permit‑by‑permit pathway that requires applicants to obtain a mitigation assessment from a qualified professional and to certify compliance; city staff would verify the certification rather than undertake detailed habitat reviews for every permit.
Josh acknowledged a July 31 federal target date in FEMA materials but said the city had informed FEMA’s Region 3 that Hubbard is in the middle of its own public process; staff do not expect penalties for taking the local legislative route. Staff also noted that the Bear Creek PUD has delineated special flood hazard areas and that no development is proposed in those delineated areas at this time, so near‑term exposure is small.
The joint session had no objection to proceeding with the legislative amendment process. Holly Byram outlined the legislative timeline: the planning commission will hold a public hearing in July, followed by a city council hearing in August; if adopted, staff will enact the required ordinance and implement the verification process described in the draft code language.
Next steps: planning commission hearing in July; council review in August; staff to continue coordination with DLCD and FEMA and to refine code language for clear-and-objective implementation.
