Commission forwards interim FEMA/NMFS floodplain compliance rules requiring habitat assessments to council

The planning commission recommended that the city council adopt interim floodplain code changes that require applicants for floodplain development permits to submit a habitat-assessment report demonstrating ‘no net loss’ for floodplain functions and endangered-species protections as described in the NMFS Biological Opinion. Staff said these pre‑implementation compliance measures are necessary to maintain the city’s participation in the National Flood Insurance Program and to meet FEMA and federal biological findings.

Staff described the city’s options — adopt a model ordinance with strict standards, require habitat assessments, or prohibit development in the special flood hazard area — and recommended the permit-by-permit approach that places the burden on applicants to demonstrate mitigation and no net loss. Staff read the habitat-assessment components and emphasized that the approach assumes an adverse impact and requires a qualified professional to prepare mitigation measures and a mitigation plan. “A permit application must include a flood habitat assessment report from a qualified professional evaluating any negative impact to the floodplain functions and identifying appropriate mitigation measures,” staff said.

Public commenters offered a range of views: some Jetty residents were wary of FEMA rules and potential costs or constraints on rebuilding, while others urged habitat protections. Commissioners moved to forward the draft ordinance (identified in the staff materials as ordinance 16-69, which included the habitat assessment requirement) to the city council; the motion carried on roll call.

Staff noted these measures are temporary (expected for about two years while FEMA develops a model code) and that the city will need to build internal capacity or rely on outside expertise to review submitted assessments.