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
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. From a lawsuit settlement brought by several environmental groups in 2009 FEMA, through the NFIP, was found to be in violation of the Endangered Species Act. In response to the settlement, 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 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. From a lawsuit settlement brought by several environmental groups in 2009 FEMA, through the NFIP, was found to be in violation of the Endangered Species Act. In response to the settlement, 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!
Representatives
Haley Campbell
Senior Planner
Timeline
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 )
Tue, Mar 4, 2025
Planning Commission Public Hearing
Mon, May 19, 2025
Joint Public Hearing with City Council and Lane County Board of County Commissioners
Mon, Jun 16, 2025
City Council Adoption
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Public Comments
Commenting is open until midnight on Thu, Jul 31 2025.
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