Legislative Amendment LA 25-01: FEMA NFIP Amendments
A legislative amendment to amend the Woodburn Development Ordinance (WDO) to allow the City to maintain compliance with the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency (FEMA). This results from FEMA integration of the federal Endangered Species Act into its rulemaking, which is limited to within the state of Oregon.
The amendments would add a requirement to conduct wetland delineation, impact study, or additional environmental reports as necessary to maintain "no net loss" of floodplain function and accessibility within FEMA-designated floodways and City-designated Riparian Corridor and Wetlands Overlay District (RCWOD). Woodburn Development Ordinance (WDO) 2.05.05 defines and describes the RCWOD. The public may view FEMA flood hazard maps online.
The Woodburn Planning Commission will hold a public hearing on May 22, 2025 at 7:00 p.m. to consider the amendment and issue a recommendation. A staff report, including the draft amendment text, will be available on this webpage one week prior to the public hearing (May 15, 2025). City public meetings can be found through the City Calendar and City Meetings webpages.
Background
In 2009, the Portland Audubon Society sued FEMA regarding the Endangered Species Act, which requires federal agencies to ensure that any action they authorize, fund, or conduct does not jeopardize the continued existence of any endangered or threatened species or result in the destruction of or harm to their habitat.
A settlement was reached resulting in FEMA consulting with the National Marine Fishery Service, which in 2016 issued a "biological opinion " (BiOp) that the current implementation is likely to jeopardize the continued existence of 16 listed threatened or endangered fish species. FEMA was then tasked to modify the NFIP implementation sothat development actions in floodplains would result in 'no net loss’ to key habitats. “No net loss” means that mitigation of all negative impacts is provided on site, within the same reach, or in the same watershed.
FEMA
P.O. Box 10055
Hyattsville, MD 20782-8055
(206) 646-2500
FEMA Region 10 (includes Oregon)
(425) 487-4600
