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DLCD warns Astoria to build acknowledgment time into FEMA BiOp response
Summary
DLCD staff told Astoria officials that post‑acknowledgment notice requirements (a 35‑day notice before a first evidentiary hearing) can clash with FEMA Biological Opinion deadlines and cannot be waived by DLCD; jurisdictions should keep FEMA informed and plan for possible procedural challenges.
During a question from Councilor Davis, Brett Estes said jurisdictions must provide DLCD with a post‑acknowledgment plan amendment notice in advance of a first evidentiary hearing, and that the rule requires a 35‑day notice. "There, is rule that states that 35 days before the 1st evidentiary hearing of any change to your development code... the city has to notify the Department of Land Conservation and Development," he said.
Estes acknowledged that FEMA BiOp timelines have introduced pressure on local schedules and that DLCD cannot waive statutory notice periods. He said DLCD has communicated timing conflicts to FEMA and recommended that local governments keep FEMA "in the loop" about their process. The practical risk, he warned, is that a short notice could be the basis for a procedural challenge and, on appeal, might be remanded to remedy the defect.
