The Federal Emergency Management Agency, FEMA, operates the National Flood Insurance Program.  The NFIP is a critical tool for residents, businesses and organizations to rebuild physical structures, business and social relationships and an ongoing sense of community.

For properties to be eligible for NFIP, local governments must establish regulations to ensure land is developed wisely and that riparian zones and waterways are properly protected.

Recently, FEMA has proposed that local governments in Oregon add new regulations to activities in areas designated flood plains to maintain NFIP eligibility. The proposed implementation plan is intended to protect some 16 endangered species and marine mammals that depend on them for survival.

But the draft implementation plan presented to Oregonians is raising serious concerns.

The proposed rules are far too vague for us to understand their full effects or to respond with effective suggestions. At the same time, they appear to be so restrictive that they could have immediate and serious consequences for entire communities as well as individual property owners.

Oregonians are worried that the local governments will be required to regulate floodplain development in a way that will, among other things:

• Limit many land uses on private land, affecting everything from residential property maintenance and basic agricultural practices to construction of much-needed housing and supporting businesses,
• Restrict infrastructure maintenance and construction, affecting sewer, water, drainage systems, and even the location of fire stations and other structures essential for public safety.
• Interfere with critical transportation development – from road and highway maintenance to dredging in shipping channels.
• Limit maintenance and development of recreational facilities in tourist-dependent areas.
• Discourage environmental restoration programs. 

If the implementation plan is adopted, local governments will face serious challenges by new rules that:

• Increase the requirements for flood insurance eligibility, creating enormous cost burdens as unfunded mandates.
• Shift the burden of floodplain regulation from FEMA to local governments.
• Require additional staff and expertise to determine what regulations are required above existing land use, environmental and riparian protections already demanded by state and local laws – a huge task.
• Cause loss of property taxes and other revenue, affecting schools, libraries, roads and all other essential services.

In short, these rules could result in a loss of future development and disinvestment in established communities, threatening the fragile economy of many Oregon counties,  disproportionately affecting low-income and disadvantaged Oregonians, and interfering with our state’s abilities to maintain our quality of life and achieve our most critical goals.

They could prevent new housing development – Oregon’s highest current priority.

They could discourage agricultural expansion and recreational development – two of the drivers or many rural communities.

They could interfere with essential infrastructure development and environmental protection projects.

And the worst case would be that local governments are unable to comply – depriving communities of access to federal flood insurance, an essential tool for rebuilding in a time of crisis, as well as necessary for access to mortgages and financing for Oregonians in these communities.

During a six-month outreach period, FEMA contacted community leaders, tribes, organizations and other individuals in Oregon. FEMA reports:

“Of the tabulated 960 comments, seven offered some sort of compliment or encouragement to FEMA for the proposed plan. All comment letters, even those that included the complimentary feedback, opposed the plan or criticized one or more aspects of FEMA’s proposed actions.” – September 2023 Update, FEMA

Despite critical comments from across the state, representing residents, agriculture, businesses, special districts, ports, state agencies and many more – and despite months of conversations in which local governments and planners expressed serious concerns, FEMA appears determined to proceed with its proposed implementation plan. This is why we need to unite, to engage Oregonians in all 30 affected counties, to alert every elected official in the state and to make sure our Congressional delegation is aware of the threats posed by the implementation plan. Oregonians for Flood Plain Protections has begun this important work.