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Council pauses vote on FEMA model ordinance after residents raise mapping and property-rights concerns

Dune City Council · December 4, 2024
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Summary

The council opened a public hearing on FEMA/NFIP pre-compliance model language and, after residents and councilors raised concerns about a proposed riparian buffer increase and conflicts with local code, voted to continue the ordinance for further review and planning-commission input.

Mayor Ed McGuire introduced a model ordinance issued by FEMA and explained a December 1 implementation window tied to pre-compliance measures and an ongoing federal rule process. He said FEMA's model language and proposed riparian-buffer changes (the example cited was an increase from 50 to 170 feet from the ordinary high-water mark) could materially affect existing lots and future development.

Several residents and councilors expressed concern that the model ordinance had not been reviewed by land-use staff or the planning commission, that mapping of tide-influenced streams needed clarification, and that an immediate vote could expose the city to litigation if property rights were affected. Sheryl Ludwig (public commenter) said she found the proposed changes "concerning." In response the council agreed to continue the matter and to schedule a page-by-page review and obtain planning-commission analysis; the mayor said the ordinance could be placed on the shelf and only take effect after any federal injunction or litigation is resolved.

The council's motion to continue the FEMA ordinance to the next meeting or a work session passed after discussion; no adoption or code change was finalized at the meeting.