Active Project
Floodplain PICM Code Amendments
These amendments will include changes prompted by the Federal Emergency Management Agency (FEMA) requiring the City to adopt short-term rules, aka Pre-Implementation Compliance Measures or PICM, in the Floodplain Overlay District to comply with the Endangered Species Act. The code amendments are directed by FEMA to protect habitat and achieve no net loss measures that will avoid, minimize, and mitigate impacts in the floodplain areas.
Project Overview
Update!!!
The Planning Commission held a public hearing on March 4, 2025 for the Floodplain - PICM Code Amendments. The hearing was continued and the record kept open until April 1, 2025. On April 1, 2025, the Planning Commission closed the hearing and will re-open it at a later date once staff have completed their analysis. At that time, notice will be provided in the Chronicle, on the website, and to those interested parties who testified or subscribed to this page. Public comments can continue to be posted on Springfield Oregon Speaks or mailed/emailed to the Project Manager and will be forwarded to the Planning Commission for their review once the hearing is re-opened. Please stay tuned for updates!
Background
The City of Springfield participates in the National Flood Insurance Program (NFIP), which is run by the Federal Emergency Management Agency (FEMA). The objectives of the NFIP are to: (1) ensure that new buildings will be free from flood damage; (2) prevent new development from increasing flood damages on existing properties; and (3) ensure the natural and beneficial functions of the floodplain are maintained. Participation in the NFIP allows members of the Springfield community to access federally backed flood insurance. Flood insurance is required for federally backed loans to purchase or build structures within the floodplain. Participation also ensures the City remains eligible for federal disaster assistance in identified floodplain areas.
Participation in the NFIP through FEMA also requires that the City adopt and implement measures compliant with the Endangered Species Act (ESA) within the Floodplain Overlay District. Several environmental groups sued FEMA in 2009 alleging that through the NFIP, FEMA was violating the Endangered Species Act. FEMA and the environmental groups settled the lawsuit and FEMA began consultations with the National Marine Fisheries Service (NMFS), resulting in a 2016 Biological Opinion (BiOp). The report determined that significant changes to implementing the NFIP must be made to avoid “jeopardy, destruction, or adverse modification of critical habitat, and unlawful take of the threatened and endangered species,” including the Upper Willamette River Chinook.
The Planning Commission held a public hearing on March 4, 2025 for the Floodplain - PICM Code Amendments. The hearing was continued and the record kept open until April 1, 2025. On April 1, 2025, the Planning Commission closed the hearing and will re-open it at a later date once staff have completed their analysis. At that time, notice will be provided in the Chronicle, on the website, and to those interested parties who testified or subscribed to this page. Public comments can continue to be posted on Springfield Oregon Speaks or mailed/emailed to the Project Manager and will be forwarded to the Planning Commission for their review once the hearing is re-opened. Please stay tuned for updates!
Background
The City of Springfield participates in the National Flood Insurance Program (NFIP), which is run by the Federal Emergency Management Agency (FEMA). The objectives of the NFIP are to: (1) ensure that new buildings will be free from flood damage; (2) prevent new development from increasing flood damages on existing properties; and (3) ensure the natural and beneficial functions of the floodplain are maintained. Participation in the NFIP allows members of the Springfield community to access federally backed flood insurance. Flood insurance is required for federally backed loans to purchase or build structures within the floodplain. Participation also ensures the City remains eligible for federal disaster assistance in identified floodplain areas.
Participation in the NFIP through FEMA also requires that the City adopt and implement measures compliant with the Endangered Species Act (ESA) within the Floodplain Overlay District. Several environmental groups sued FEMA in 2009 alleging that through the NFIP, FEMA was violating the Endangered Species Act. FEMA and the environmental groups settled the lawsuit and FEMA began consultations with the National Marine Fisheries Service (NMFS), resulting in a 2016 Biological Opinion (BiOp). The report determined that significant changes to implementing the NFIP must be made to avoid “jeopardy, destruction, or adverse modification of critical habitat, and unlawful take of the threatened and endangered species,” including the Upper Willamette River Chinook.
In 2023, FEMA had yet to take meaningful action to implement the BiOp. Consequently, FEMA sent the City of Springfield a notice dated July 15, 2024, requiring the City to adopt short-term rules, aka Pre-Implementation Compliance Measures or PICM, in the Floodplain Overlay District to comply with the ESA. FEMA expects communities to enact a PICM path by July 31, 2025. The first step to implementation was choosing among the various PICM pathways by December 1, 2024:
1. Prohibit all new development in the floodplain.
2. Adopt the Model Ordinance into local floodplain ordinances.
3. Adopt the Permit-by-Permit approach, which requires a permit application from the applicant to develop a Floodplain Habitat Assessment documenting that their proposed development in the Floodplain Overlay District will achieve “no net loss.”
On December 2, 2024, the Springfield City Council adopted Resolution 2024-37 selecting implementation of FEMA’s Model Ordinance as its PICM pathway. Continued participation in the National Flood Insurance Program will require the City of Springfield to update its rules and regulations for floodplain development.
Project Purpose
The purpose of the Floodplain Overlay District - PICM Amendment Project is to update the Springfield Development Code to comply with FEMA’s requirements of the City, including requirements to protect habitat and achieve no net loss. No net loss is a standard where any development action resulting in negative impacts to one or more key floodplain functions are avoided or mitigated to offset said impacts. Among other things, these amendments may help to achieve no net loss by:
Project Purpose
The purpose of the Floodplain Overlay District - PICM Amendment Project is to update the Springfield Development Code to comply with FEMA’s requirements of the City, including requirements to protect habitat and achieve no net loss. No net loss is a standard where any development action resulting in negative impacts to one or more key floodplain functions are avoided or mitigated to offset said impacts. Among other things, these amendments may help to achieve no net loss by:
- Avoiding impacts at or below the base flood elevation in the Floodplain Overlay District. Development such as buildings, storage tanks, roads or other structures reduces the area where floodwaters can spread and where fish have access to shelter and food during a flood.
- Minimizing or reducing the amount of new impervious surface in the Floodplain Overlay District by expanding structures vertically instead of horizontally, including green infrastructure or stormwater treatment facilities within parking lots (i.e., swales, rain gardens, and pervious pavements), and removal of existing impervious surfaces where possible.
- Avoiding the removal of trees that are six inches in diameter at breast height (dbh) or larger, reducing the number of trees six inches dbh or larger that are removed, or replacing any trees six inches dbh or larger that are removed per the mitigation ratio tables in the Model Ordinance.
The project objectives are to:
- Increase awareness of the new regulatory requirements to protect endangered species and avoid, minimize, or mitigate development within the floodplain.
- Explain that this work is based on federal regulations and not policy driven by the City.
- Explain that by adopting these regulations, the City continues to participate in the NFIP with no interruption to flood insurance policy holders’ coverage.
Useful project links:
- To the FEMA National Flood Insurance Program - Endangered Species Act Integration in Oregon webpage
- To the DLCD National Flood Insurance Program (NFIP) in Oregon webpage
- The City of Springfield Floodplain Management webpage
Adopted Floodplain maps:
- This Springfield 100-year floodplain map which shows the area of special flood hazard that is included in the Floodplain Overlay District.
- This Interactive Map allows you to look up a property by address or assessor's map and tax lot to determine if it is currently within the Floodplain Overlay District.
Project Contact Information
City staff welcome all questions about the project. We are here to help you. Thank you!
Timeline
Update
•
Tue, Apr 1, 2025
Continued Planning Commission Public Hearing - April 1, 2025
The Springfield Planning Commission held a public hearing on March 4, 2025 which it continued to April 1. Since that time:
- The League of Oregon Cities made it a priority to advocate on behalf of cities in a recent visit to Washington DC. Their call to action included:
- Advocating for a timeline realignment to urge FEMA to revert to the original Environmental Impact Statement (EIS) timeline which would give communities the necessary information and time to implement effective and compliant measures.
- Providing technical assistance and funding to communities.
- Encouraging FEMA to collaborate with local governments/stakeholders.
The League representatives were encouraged by their visit with FEMA. - Staff is preparing responses to questions from the Commission as well as public testimony which included the clear and objective standards, Measure 49 claims, the Buildable Lands Inventory, consequences of noncompliance with the PICMs, cost recovery for the mandate, and DLCD’s involvement in the PICMs. These findings have not been completed yet. The City Attorney’s Office is also working to address the PICM options and Non-PICM ESA Compliance options.
- The federal litigation filed by Oregonians for Floodplain Protection was transferred from Washington DC to Oregon. This change of venue will delay the timeline on a ruling regarding a preliminary injunction.
For these reasons, the public hearing was closed on April 1st and will re-open at a later date once staff have completed their analysis. Public comments can continue to be posted on Springfield Oregon Speaks or mailed/emailed to the Project Manager and will be forwarded to the Planning Commission for their review once the hearing is re-opened. The city will re-notice the hearing in the Chronicle and post notice at City Hall. Staff will also notify those who have submitted testimony or have signed up on Springfield Oregon Speaks to receive updates.
Attachments
Agenda Item Summary Floodplain - PICM Code Amendments PC Hearing 4-1-25
( 0.31 MB )
Attachment 1 - Public Comments Floodplain - PICM 4-1-25
( 7.68 MB )
Update
•
Tue, Apr 1, 2025
Planning Commission Public Hearing - April 1, 2025
The Springfield Planning Commission held a public hearing on March 4, 2025 which it continued to April 1. Since that time:
The League of Oregon Cities made it a priority to advocate on behalf of cities in a recent visit to Washington DC. Their call to action included:
Advocating for a timeline realignment to urge FEMA to revert to the original Environmental Impact Statement (EIS) timeline which would give communities the necessary information and time to implement effective and compliant measures.
Providing technical assistance and funding to communities.
Encouraging FEMA to collaborate with local governments/stakeholders.
The League representatives were encouraged by their visit with FEMA.
Staff is preparing responses to questions from the Commission as well as public testimony which included the clear and objective standards, Measure 49 claims, the Buildable Lands Inventory, consequences of noncompliance with the PICMs, cost recovery for the mandate, and DLCD’s involvement in the PICMs. These findings have not been completed yet. The City Attorney’s Office is also working to address the PICM options and Non-PICM ESA Compliance options.
The federal litigation filed by Oregonians for Floodplain Protection was transferred from Washington DC to Oregon. This change of venue will delay the timeline on a ruling regarding a preliminary injunction.
For these reasons, staff recommended closing the public hearing and re-opening the hearing once staff had completed their analysis. The city would re-notice the hearing in the Chronicle and post notice at City Hall. Staff would also notify those who have submitted testimony or have signed up on Springfield Oregon Speaks to receive updates.
The League of Oregon Cities made it a priority to advocate on behalf of cities in a recent visit to Washington DC. Their call to action included:
Advocating for a timeline realignment to urge FEMA to revert to the original Environmental Impact Statement (EIS) timeline which would give communities the necessary information and time to implement effective and compliant measures.
Providing technical assistance and funding to communities.
Encouraging FEMA to collaborate with local governments/stakeholders.
The League representatives were encouraged by their visit with FEMA.
Staff is preparing responses to questions from the Commission as well as public testimony which included the clear and objective standards, Measure 49 claims, the Buildable Lands Inventory, consequences of noncompliance with the PICMs, cost recovery for the mandate, and DLCD’s involvement in the PICMs. These findings have not been completed yet. The City Attorney’s Office is also working to address the PICM options and Non-PICM ESA Compliance options.
The federal litigation filed by Oregonians for Floodplain Protection was transferred from Washington DC to Oregon. This change of venue will delay the timeline on a ruling regarding a preliminary injunction.
For these reasons, staff recommended closing the public hearing and re-opening the hearing once staff had completed their analysis. The city would re-notice the hearing in the Chronicle and post notice at City Hall. Staff would also notify those who have submitted testimony or have signed up on Springfield Oregon Speaks to receive updates.
Attachments
Agenda Item Summary Floodplain - PICM Planning Commission Hearing 4-1-25
( 0.31 MB )
Attachment 1 - Public Comments Floodplain - PICM
( 7.68 MB )
Update
•
Tue, Mar 4, 2025
Planning Commission Public Hearing - March 4, 2025
A public hearing was held with the Springfield Planning Commission on March 4, 2025. The Planning Commission kept the record open and continued the public hearing until April 1, 2025. To view a recording of the hearing please click the YouTube link below. To provide public comments for the April 1, 2025 public hearing please go to the meeting event on Springfield Oregon Speaks here.
2025 03 04 Planning Commission Meeting
Attachments
Agenda Item Summary Floodplain - PICM Code Amendments
( 0.08 MB )
Attachment 1 - Planning Commission Briefing Memo Floodplain PICM Code Amendments
( 0.17 MB )
Attachment 2 - Draft Planning Commission Order and Recommendation with Exhibits
( 1.12 MB )
Attachment 3 - Floodplain PICM Presentation Slides
( 3.0 MB )
Attachment 4 - Public Comments Floodplain PICM
( 7.63 MB )
Update
•
Wed, Feb 19, 2025
Workshops Floodplain - PICM Code Amendments February 19-20, 2025
See the below recordings of the workshops held with the public on February 19th and 20th, 2025.
Update
•
Wed, Jan 22, 2025
Community Involvement Strategy Approved by the Committee for Citizen Involvement
On January 22, 2025, the Planning Commission acting as the Committee for Citizen Involvement, approved the Community Involvement Strategy for the Floodplain Overlay District - Pre-Implementation Compliance Measures (PICM) Code Amendment project.
Attachments
Floodplain PICM Code Amendments Community Involvement Strategy Approved 1-22-25
( 0.24 MB )
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Public Comments
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