Pre-Implementation Compliance Measures (PICM), effective December 1, 2024
The Federal Emergency Management Agency (FEMA) has announced new regulations for properties in designated floodplains throughout Western Oregon. These new compliance measures will significantly impact development requirements for properties located within the Special Flood Hazard Area (SFHA), including both those with Floodway and 100-year Floodplain designations. According to FEMA, the intent of the PICM requirements are to ensure the continued existence of threatened or endangered species in compliance with the Endangered Species Act (ESA). Changes to the floodplain regulations have been expected since 2016, when the National Marine Fisheries Services (NMFS) issued a Biological Opinion (BiOp) that claimed harm was being done to protected species through FEMA's administration of the National Flood Insurance Program (NFIP) in Oregon.
The current directive from FEMA is for NFIP-participating cities, including Roseburg, to select one of three PICM pathways by December 1, 2024:
1. Adopt a Model Ordinance that considers impacts to species and their habitat, and which requires mitigation to achieve a "no net loss" standard;
2. Adopt a Permit-by-Permit approach that includes a habitat assessment and mitigation plan for all development in the floodplain. This option is required of all cities effective December 1, 2024 if neither of the other two options is selected; and
3. Prohibit all new development in the Special Flood Hazard Area.
Communities must inform FEMA of their selection by December 1, 2024. New reporting requirements for floodplain development will also begin in January, 2025. Full implementation of the program is currently being studied at the federal level, and is expected to be in place in the next few years (2026 or 2027).
As part of the PICM, FEMA has also stopped accepting new applications for Conditional Letters of Map Revision Based on Fill (CLOMR-F) and Letters of Map Revision Based on Fill (LOMR-F). This delay in processing began on August 1, 2024 and will be in place until full implementation in 2026 or 2027.
Implementation of the PICM pathways will take significant staff time, options #1 (Model Ordinance) and #2 (Permit-by-Permit) will require outside professional analysis by a limited pool of biological or habitat professionals, and will add significant time delays and new costs to most development in the floodplain. In addition, new requirements will apply to previously-unregulated activities like tree removal, fill, and paving or flatwork in the regulated floodplain areas.
Communities throughout Oregon have expressed concerns about the implementation of these new requirements, the timing in which the new measures must be adopted, and the effect it could have on development in the floodplain. In the documents section below are copies of letters that have been sent to FEMA from the Oregon Congressional Delegation and Oregon's Governor.
Community Development Staff will be evaluating options for compliance and seeking direction from City Council prior to the December 1, 2024 deadline.
Questions may be directed to Senior Planner Mark Moffett, Floodplain Administrator, at (541) 492-6750.
PROJECT DOCUMENTS:
PICM Model Floodplain Ordinance document from FEMA
PICM Permit-by-Permit Habitat Assessment and Mitigation document from FEMA
Oregon Congressional Delegation Letter to FEMA re: PICM
Oregon Governor Letter to FEMA re: PICM