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AGENDA ITEM SUMMARY

Meeting Date:

11/12/2024

Meeting Type:

Work Session

Staff Contact/Dept:

Jeremy Sherer/Community Development

S P R I N G F I E L D
C I T Y C O U N C I L

Staff Phone No:

Estimated Time:

30 Minutes

Council Goals:

Mandate

ITEM TITLE:

Oregon National Flood Insurance Program-Endangered Species Act Integration/ Pre-implementation Compliance Measures (PICM)

ACTION REQUESTED:

Direct staff toward a PICM path by Resolution on December 2, 2024

ISSUE STATEMENT:

Participation in the National Floodplain Insurance Program through FEMA requires that the City adopt and implement measures that are compliant with the Endangered Species Act within the City’s Special Flood Hazard Areas.

DISCUSSION/FINANCIAL IMPACT:

BACKGROUND:

In 2023, FEMA was found not to have taken any meaningful actions to implement the 2016 Biological Opinion developed in coordination with the National Marine Fisheries Service (NMFS), Consequently, the City of Springfield received a notice from the Federal Emergency Management Agency (FEMA) dated July 15, 2024, requiring the City to adopt short-term rules, aka PICM, in the Special Flood Hazard Areas to come into compliance with the Endangered Species Act (ESA).

FEMA expects communities to enact a path from its Pre-Implementation Compliance Measures (PICM) to implement the 2016 BiOp. Continued participation in the National Flood Insurance Program will require the City of Springfield to update rules and regulations for floodplain development.

ACTION
Choose a PICM pathway by December 1, 2024:

Prohibit all new development in the floodplain.
Incorporate the ESA into local floodplain ordinances.
Require permit applications to develop a Floodplain Habitat Assessment documenting that their proposed development in the Special Flood Hazard Area will achieve “no net loss.”

FINANCIAL IMPACT: The financial impact on development will vary, depending on the path chosen. Based on current information from FEMA, a simple habitat assessment may cost as much as $12,000 and $50,000 or more for a larger project. There is additional cost to construct and maintain the mitigated site. Once the City receives updated information from FEMA, these number could change. Additionally, staff time and training will also be a factor. The fees for review will increase because the city doesn’t have the capability or capacity to review a Habitat Assessment, so the cost of a third-party review will be required.

Attachments

1. Council Briefing Memo

2. PowerPoint Presentation

3. Model Ordinance

4. Habitat Assessment and Mitigation