The FEMA process and the draft implementation  plan are complicated, poorly done and involve a wide variety of legal, regulatory, socio-economic and governmental issues. The following talking points highlight key topics that may be useful in explaining the problem to others in your communities.

• Federal flood insurance is a critical tool for livability and  helping communities rebuild after disasters.
• In an effort to protect threatened and endangered species, the Federal Emergency Management Association, FEMA, has developed what it calls the draft Implementation Plan for NFIP-ESA Integration. If accepted, it will affect what local governments must do to keep federal flood insurance available in their communities.
• Like all Oregonians, we fully support protecting salmon and species that depend on them for food. Salmon are as much a part of the Oregon identity as is the Doug Fir, the Cascade Mountains and the high desert. But their protection requires a more thoughtful and strategic approach than FEMA is taking.
• Currently, more than 230 communities in Oregon participate in the National Flood Insurance Program (NFIP). These communities could lose this important emergency resource if they are unable to comply with all elements of FEMA’s draft implementation plan.
• Under the proposed plan, local governments would be required to adopt a new set of regulations that would limit land use and development in flood plains.
• The draft plan threatens virtually every type of activity in food plains – in 30 Oregon counties. And the effects won’t be limited to those counties – as further restrictions on land use and in-water activities will raise costs and limit opportunities for everyone in the state.
• A serious problem with the draft plan is that it is vague and poorly defined. Oregonians who have studied it are uncertain about what it means to various land uses and activities. But they are alarmed by the possibilities and what they mean to Oregonians.
• The new rules could pose a serious risk to virtually every type of land use within a floodplain – and the definition of floodplain may be expanded to cover more land.
• Much-needed new housing in Oregon may be prohibited or restricted in key areas. This threatens our state’s ability to meet its highest priority goal – addressing our severe housing shortage.
• The new rules could impact farmers’ abilities to do routine activities – from repairing farm buildings to preparing fields for crops.
• The new rules could affect recreation and tourism in many ways, from restrictions on building and maintaining boat ramps to discouraging maintenance or new construction for tourism-related businesses, like park facilities, restaurants, lodging and stores located near waterways.
• The new rules appear to interfere with port activities like dredging and maintenance as well as construction and maintenance of shipping facilities on land, which are important to the entire Oregon economy.
• The new rules could interfere with the ability to build and maintain public services – from roads to sewer and water systems to firehouses.
• Property in floodplains is often valued at less than other property in a community. Therefore, the proposed plan could have a disproportionate effect on low-income Oregonians, who often live in lower-cost areas.
• The new rules could result in a lowering of property values and therefore property taxes and other local revenue. This could hurt funding for essential public services, like schools, hospitals and transportation – while adding burdensome new staffing costs to local governments.
• The draft plan shifts the regulatory burden from FEMA to local governments. Cities and counties would have to add staff and specialized expertise to interpret the plan, analyze what is already covered under existing plans, and develop new regulations.
• The new rules may be unnecessary. State and federal rules already cover floodplain development.
• This draft plan undermines and conflicts with Oregon agencies and authority
• If adopted, the implementation proposal will cause conflicts between new regulations and local community land use plans. These plans have been approved by the State of Oregon, and they are designed to balance social, economic and environmental considerations.
• FEMA intends to issue a Draft Environmental Impact Statement concerning this proposal by the  summer of 2024. A public comment period will follow.
• If approved, communities will be expected to start drafting new regulations in the fall of 2025.
• Despite receiving more than 950 comments in its scoping process, each with specific or general criticisms of the proposed plan, FEMA has not shown any interest in amending the plan or slowing down the process.

It’s critical that Oregonians understand the potential damage of FEMA’s draft implementation  plan. We all must urge elected officials – from city council members to our Senators and Representatives in Congress – to engage with FEMA. We must sound the alarm to protect our communities.