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Council weighs FEMA's floodplain pre-implementation options; staff to draft code and seek direction
Summary
Staff outlined FEMA's three pre-implementation paths (model ordinance, permit-level habitat assessments, or prohibition/temporary moratorium), urged caution about legal limits and the need for qualified reviewers, and asked council to pick a pathway by Dec. 1 with full implementation aimed for July 1, 2025.
City staff briefed the council on new FEMA pre-implementation compliance requirements tied to endangered-species litigation and the National Flood Insurance Program. The City Administrator (speaker 4) explained FEMA's three pathways: adopt a model ordinance that aims for "no net loss" of floodplain functions, require habitat assessments on a permit-by-permit basis, or adopt prohibitions/temporary moratoria. Staff cautioned that the model ordinance is detailed, that habitat assessments raise questions about who qualifies to do and review the work, and that prohibition is legally complex in Oregon.
Councilors asked whether a temporary moratorium would be necessary to meet FEMA's timelines; staff said the agency requested a city's chosen pathway by Dec. 1 and has allowed full implementation of measures by July 1, 2025. Staff recommended the council choose an approach and directed planning staff to draft code amendments and public-notice materials; the council discussed use of model-code provisions selectively, the potential need for a joint planning commission and council process, and the trade-offs of speed versus legal certainty. The City Attorney's preliminary advice was to avoid abrupt prohibitions without a clear legal pathway; staff will return with drafts and timelines for public hearings.
