Federal Emergency Management Agency will be hosting a meeting for public comment on implementation of the Oregon Biological Opinion (BiOp) on April 5th from 5:30pm to 7:30pm at the Port of Tillamook Bay Officer’s Mess Hall, 6825 Officer Row Tillamook, OR
Summary:
Federal Emergency Management Agency (FEMA) is in process of making changes to the National Flood Insurance Program (NFIP) in Oregon. FEMA sets floodplain development standards that local governments must adopt to participate in the NFIP. In 2016, the NMFS issued a Biological Opinion (Bi-Op) stating that FEMA’s implementation of the NFIP in Oregon, and particularly its floodplain development standards, are causing jeopardy to certain threatened and endangered species in Oregon.
This BiOp was issued to FEMA following a federal lawsuit. FEMA has told Oregon cities and counties that if they do not implement these changes to their local floodplain development programs, communities will no longer be eligible for federal disaster assistance, and individuals and businesses in those communities would not be able to purchase National Flood Insurance Program (NFIP) policies.
This is a very significant threat to Oregonians. Many of the mandatory program changes that FEMA has signaled threaten the viability of our communities and are inconsistent with existing Oregon land use priorities and programs. These regulatory changes would affect what land could be developed, how land could be developed, and corresponding land values and tax revenues. Implementation of these new regulations will place communities at risk of takings claims and lawsuits from landowners who are forced into compliance. FEMA has stated that they will not provide support for communities defending against these suits.
At the end of last year, many Oregon counties signed on to letters that asked members of Oregon’s federal delegation to delay implementation of these changes to Oregon’s floodplain standards. Unfortunately, Congress did not act in time and FEMA is now starting the environmental review process to evaluate its planned changes to the NFIP in Oregon. FEMA issued the Notice of Intent, beginning the environmental review process on March 6, 2023. 88 Federal Register 13841 (March 6,
2023). https://www.federalregister.gov/documents/2023/03/06/2023-04495/notice-of-intent-to-prepare- an-environmental-impact-statement-for-oregon. Scoping comments are due no later than May 5, 2023.
FEMA’s Draft Implementation Plan, issued in October 2021, outlines the dramatic changes FEMA plans to require to Oregon’s city and county floodplain regulations. These implementing regulations focus on prohibiting or severely limiting new development in mapped areas of special flood hazard and imposing a “no net loss of flood storage” requirement. https://www.fema.gov/sites/default/files/documents/fema_oregon-implementation-plan_10052021.pdf
Please share news of this meeting date and email with anyone you feel should also be at this meeting. Tillamook is one of the few locations across the state FEMA is holding a public meeting to seek public input on the BiOp implementation plan. This is an opportunity to voice your concerns and learn more directly from FEMA about the implementation process moving forward.
