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Westfir staff to notify FEMA: permit-by-permit option preferred for local floodplain rules

Westfir City Council · November 12, 2024
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Summary

After a consultant review, the council was advised that Westfir—s floodplain affects only a few properties and parkland; staff will notify FEMA the city will use a permit-by-permit approach rather than immediately adopting the model code.

Chair opened the session by placing FEMA pre-implementation floodplain compliance on the work-session agenda and asked Henry to summarize options. Henry told the council that FEMA is asking cities and counties in Oregon to choose one of three options by Dec. 1: prohibit development in the floodplain, adopt FEMA—s model code, or review floodplain permits on a permit-by-permit basis that requires a habitat assessment by the applicant.

Henry said Westfir—s mapped floodplain follows the river and likely affects roughly three residential parcels plus city-owned sites including the wastewater treatment plant and boat launch, with much of the area remaining riparian parkland. "Since it's very unlikely you're gonna have any more development in the flood plain anyway, and it's only along the river, I suggest the permit-by-permit basis is kind of the more straightforward and easy route for Westfir," Henry said.

Council members asked about costs and procedures for substantial improvements; Henry said a substantial improvement—work exceeding 50% of a structure—s assessed value—would trigger review and that habitat assessments typically cost "a couple thousand" dollars for an applicant. He also warned the model code is clearer and more objective but that updating Westfir—s out-of-date development code to match the model code would require more time and expense.

Henry also noted statewide pushback and legal activity: he said several cities and counties are considering challenges and that the governor's office had asked FEMA for a postponement. Henry told the council he would notify FEMA the city would use the permit-by-permit option and would copy Nicole on the message. The council did not take a formal vote during the work session and staff still must confirm whether the permit-by-permit approach requires specific development-code language or a separate ordinance.

The council asked Henry to share the FEMA information sessions and the underlying maps; Henry agreed to forward public map links and LCOG access details so council can inspect parcel-level flood delineations. The planning commission hearing and council hearings on related development-code changes remain scheduled in early December.