FEMA PICM Code Modifications

Pursuant to a 2007 lawsuit, the National Marine and Fisheries Service (NMFS) issued a Biological Opinion requiring FEMA to develop reasonable and prudent alternatives (RPAs) to its current floodplain regulations and implement changes to the National Flood Insurance Program (NFIP) to address takings of Endangered-Species Act (ESA)-listed species in Oregon. The first stage of FEMA’s compliance plan began with Pre-Implementation Compliance Measures (PICMs). When it issued the PICMs, FEMA stated that local governments participating in the NFIP were required to inform FEMA of their selection of one of the three following PICM options by December 1, 2024:

1. Prohibit all new floodplain development;
2. Assess floodplain development requests on a case-by-case basis; or
3. Adopt the FEMA model ordinance.

Based on advice received from the City Attorney, two of the options presented by FEMA were not favorable and therefore City staff sent the selection to assess floodplain development requests on a case-by-case basis on November 18, 2024, prior to the deadline established by FEMA. Staff and the City Attorney have developed proposed code amendments intended to meet FEMA requirements while also complying with state law, including requirements relating to clear and objective standard