Changes on the Floodplain: FEMA Flood Maps, a Biological Opinion, and Resulting Impacts to Development in the Puget Sound

Tacoma Propeller Club presentation October 25, 2011 Q: There have been mapped floodplains in Pierce County for decades. Why are issues regarding floodplain boundaries and floodplain development coming up now? A: FEMA is in the process of updating the floodplain maps for Pierce County (and several other counties in Washington state). Under the new proposed maps, the floodplains in Pierce County are getting significantly wider and deeper. At the same time, recent litigation regarding the effect of the National Flood Insurance Program on endangered species (certain salmon species and orca whale) resulted in the issuance of the Biological Opinion that calls for the tightening of development restrictions in floodplains. So at the same time floodplains are getting bigger, the applicable development regulations get tougher. Q: How do the new floodplain maps impact property in and around Pierce County? A: Check the maps. How a particular property is affected depends on where it is located and its classification on the floodplain map (Zone AE, AO, B, X, etc.). In 2007: FEMA issued preliminary floodplain maps (pFIRMs) for Pierce County. Certain jurisdictions have already begun using those maps within their jurisdictions e.g., Pierce County, Tacoma, Fife. Other jurisdictions are continuing to use the older effective maps until FEMA finalizes the pFIRMs e.g., Sumner, Puyallup. The pFIRMs show many properties mapped within the floodplain for the first time. Because many of the levees along the Puyallup River do not meet FEMAs accreditation standards, FEMA substantially expanded the floodplains in cities such as Tacoma, Fife, Riverside, Orting, and South Prairie. For example, in Fife, 70% of the community is identified as within the floodplain on the pFIRMs. The pFIRMs are available on the Pierce County website (matterhorn3.co.pierce. wa.us/publicgis/). The older effective floodplain maps are available at the FEMA Map Service Center website (msc.fema.gov).

Q: What is the significance of being mapped in the floodplain? A: Properties mapped within the floodplain are subject to at least one, and sometimes several, additional layers of development regulations that make it more difficult and more expensive to develop, redevelop, or repair your property. Development projects in the floodplain require a flood hazard permit, a critical areas permit, and in some cases a shoreline permit in addition to other land use and construction permits. The minimum standards imposed by FEMA to obtain a local flood hazard permit require that projects be elevated above the base flood elevation (the anticipated flood water level in a 100 year flood), and employ special design and construction techniques (to avoid damage in case of flood waters). These requirements add to the difficulty and cost of development.

Many local jurisdictions have adopted even more stringent regulations for development within floodplains. For example: o Pierce County requires elevation to two-feet above base flood elevation. o Fife requires compensatory flood storage areas/ponds to offset any fill imported to elevate a property or structure above the base flood elevation. Floodplain regulations apply to new development and to substantial improvements to existing development. A substantial improvement is any improvement or repair the cost of which exceeds 50% of the (pre-damaged) value of the structure.

Q: How is FEMAs implementation of the Biological Opinion (mentioned above) impacting development in Pierce County? A: FEMA has offered local jurisdictions three options to implement the Biological Opinion: (1) adopt a Model Ordinance prepared by FEMA containing more stringent floodplain development regulations; (2) demonstrate how their existing floodplain regulations comply with the Biological Opinion; or (3) ensure that development in the floodplain does not violate the Endangered Species Act through a permit-by-permit review. The more restrictive development regulations include requirements such as: o Within 250 feet of the Puyallup River, prohibit any development that will have any adverse effect on endangered species habitat o Provide compensatory flood storage areas to offset any fill imported into the floodplain o Limit new impervious surface to 10% of the lot area and require the use of low impact development (stormwater) techniques o Limit removal of existing native vegetation on site As of September 22, 2011, the majority of cities within Pierce County had selected option (3) (permit by permit review), while Pierce County is pursuing option (2).

Q: Why does the Biological Opinion continue to be a concern for property owners? A: Implementation of the Biological Opinion will result in more stringent floodplain development regulations. FEMA believes the Biological Opinion requires more restrictive standards than existing state law, including the Shoreline Management Act and Growth Management Act. National Wildlife Federation intends to sue FEMA (again), on grounds that FEMAs implementation of the Biological Opinion does not sufficiently constrain development in the floodplains.

For more information, contact any of the Board Members for Property Owners for Sensible Floodplain Regulation (POSFR) listed below: Rod Kauffman
BOMA Seattle 206-622-8924 rkauffman@ bomaseattle.org

Mark Jackson
BOMA member 253-872-9879 mark.jackson@ cbre.com

Jeanette McKague
Washington REALTORS 360- 943-3100 x. 142 jeanette.mckague@ warealtor.org

Todd Woosley
Hal Woosley Prop. Inc. 425-455-5730 todd@ woosleyproperties.com

POSFR advocates for owners of properties in Washington States floodplains, representing their economic, legal and political interests in local, state and national forums on issues related to floodplain development and regulation.