DCA2025-00001 Planning Commission Staff ReportFEMA ENDANGERED SPECIES ACT (ESA) COMPLIANCE CODE AMENDMENTS DCA2025-00001
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Agenda Item: #5
Hearing Date: May 5, 2025 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
SECTION I. APPLICATION SUMMARY
CASE NAME: FEMA ENDANGERED SPECIES ACT (ESA) COMPLIANCE CODE
AMENDMENTS
CASE NO.: Development Code Amendment (DCA) DCA2025-00001
PROPOSAL: The City is proposing development code and municipal code amendments to
the Special Flood Hazard Area regulations. The amendments to the
development code are necessary to incorporate regulatory changes required
by the Federal Emergency Management Agency (FEMA) as they relate to the
Endangered Species Act (ESA). These regulatory changes are required in
order for the City of Tigard to continue participation in the National Flood
Insurance Program (NFIP). The proposed amendments include:
- Updates to Municipal Code Chapter 9.10 that add new definitions
and “no net loss” standards;
- Updates to Chapter 18.510, Sensitive Lands, to require a “no net
loss” analysis with a sensitive lands review for development within
areas of special flood hazard ; and
- General reorganization and clean -up of Chapter 18.510, Sensitive
Lands.
The proposed text amendments for the Planning Commission’s review are
included in Attachment 1, and summarized below in this report .
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
ZONES: Citywide
LOCATION: Citywide
APPLICABLE
REVIEW
CRITERIA: Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 7
(Areas subject to Natural Hazards); METRO’s Urban Growth Management
Functional Plan Titles 3, and 8; Comprehensive Plan Goals 1.1.2, 2.1.1, 2.1.2,
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2.1.3, 2.1.11, 2.1.20, 7.1.4, 7.1.5, 7.1.7, 7.1.8, 7.1.9, 7.1.11, 7.1.14, 10.1.2,
10.2.5, 10.2.7 and 11.1.1; and TCDC Chapters 18.790.
SECTION II. STAFF RECOMMENDATION
Staff recommends the Planning Commission find in favor of the proposed development code and
municipal code text amendments (Attachment 1); with any alterations as determined through the
public hearing process and make a final recommendation to the Tigard City Council.
SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY
NFIP Background
The purpose of the proposed amendments is to incorporate regulatory changes required by the
Federal Emergency Management Agency (FEMA) as they relate to the Endangered Species Act
(ESA). These regulatory changes are required in order for the City of Tigard to continue
participation in the National Flood Insurance Program (NFIP). A brief summary of the National
Flood Insurance Program and the proposed changes is provided below.
The NFIP is a federal program that was established in 1968 through the passage of the National
Flood Insurance Act and administered by FEMA. The program allows owners of properties within
the Special Flood Hazard Area to obtain federally-backed insurance for their properties in
jurisdictions that have adopted land use regulations for development in the floodplain.
In addition to providing insurance, the NFIP provides maps for the n ation’s floodplains, known as
Flood Insurance Rate Map s (FIRM) which results from a Flood Insurance Study. The FIRM is an
official map that delineates both the ASFH and other flood zones within a community. The F IRM is
used in determining which properties are subject to a jurisdiction’s floodplain regulations and
whether a property owner is required to obtain flood insurance as well as providing information on
the insurance rate.
Floodplain boundaries can undergo changes over time due to the effects of erosion, development
impacts, vegetation removal , and other factors. To account for floodplain boundary changes,
FEMA periodically adjusts the ASFH maps used by local jurisdictions. The City of Tigard does not
conduct floodplain inventories and relies on FEMA for the determination of the ASFH boundary.
Prior to amending the FIRM or developing new or revised floodplain requirements as part of the
NFIP updates, FEMA coordinates with local jurisdictions to determine changes in local flood
conditions. Updates to the local FIRM and a corresponding Flood Insurance Study (FIS) Report for
all of Washington County were most recently completed by FEMA in 2017. Additionally, FEMA
periodically amends the regulatory requirement s of the NFIP.
FEMA and ESA Background
In 2009, a lawsuit was brought again the Federal Emergency Management Agency (FEMA) by
environmental advocacy agencies. The lawsuit stated that FEMA was in violation of Section 7 of the
Endangered Species Act (ESA) by not consulting with the National Marine Fisheries Service
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(NMFS) on impacts of the National Flood Insurance Program (NFIP) in Oregon on 15 salmon and
steelhead species listed as threatened or endangered un the ESA in Oregon.
FEMA agreed to initiate formal consultation with NMFS on the implementation of the NFIP in
Oregon based on litigation. In 2011, FEMA submitted a Programmatic Biological Assessment
(PBA) to NMFS to assess the effects, if any, that the implementation of the NFIP in Oregon had on
16 species identified, as well as eulachon and Southern Residence killer whales and their habitats.
FEMA’s PBA determined that the implementation of the NFIP was “Not Likely to Adversely
Affect” these ESA-listed species or their habitats.
After many years of discussion and agency coordination, in April 2016, the NMFS issued a
Biological Opinion t hat determined the implementation of the NFIP in Oregon was likely to
jeopardize the continued existence of endangered or threatened species and result in adverse impacts
to the habitat of these species. Due to these finding, the NMFA must also provide a Reasonable and
Prudent Alternatives (RPA) to the proposed action. RPA is a recommended set of program changes
that will ensure the NFIP is implemented in a manner that will not jeopardize the continued
existence of endangered or threatened species or result in the adverse modification of the critical
habitats of such species.
In 2021, FEMA began preparing an Environmental Impact Statement (EIS) for the implementation
of the plan for National Flood Insurance Program (NFIP) – Endangered Species Act (ESA)
Integration in Oregon. In 2023, a subsequent lawsuit was brought again FEMA for the continue d
operation of the NFIP in Oregon that is in violation of the ESA and jeopardizing the continues
existence of the 17 ESA-listed species. As a result of this lawsuit, FEMA established Pre -
Implementation Compliance Measures (PICM) for NFIP -participating communities in Oregon.
These measures will assist communities in preparing for the Final NFIP -ESA Implementation Plan
by helping them develop short - and long-term solutions to ensure their ongoing participation in the
NFIP.
On July 15, 2024, the City of Tigard received a letter from FEMA stating that all NFIP participating
communities must select one of the PICM options and notify FEMA of that option by December 1,
2024. However, staff then learned from FEMA that communities must not only choose an option
but also start implementing their chosen option by December 1, 2024. The three PICM options
were:
1. Adopt a model ordinance that considers impacts to species and their habitat and requires
mitigation to a “no net loss” standard;
2. Require a habitat assessment and mitigation plan for development on a permit -by-permit
basis; or
3. Prohibit all development in the Special Flood Hazard Area (SFHA).
On Staff November 27, 2024, City of Tigard submitted a letter to FEMA stating that the City has
selected the PICM pathway #1 and will promptly begin working toward adoption of the model
ordinance into the City’s Municipal Code and Community Development Code . Due to local process
requirements for code amendments, the City was not able to commence permit -by-permit habitat
assessment on December 1, 2024 because this option would also require a code amendment. The
proposed amendments based on the model code are outlined below.
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Proposed Amendments
Amend the Tigard Municipal Code Title 9 (Chapter 9.10 Area of Special Flood Hazard) and Tigard
Community Development Code Sensitive Lands Chapter (TDC 18.510) as proposed:
o Text Amendments to Chapter 9.10 (Special Flood Hazard Area) to establish additional
definitions;
o Text Amendments to Chapter 9.10 (Special Flood Hazard Area) to establish “no net
loss” standards;
o Text Amendments to Chapter 9.10 (Special Flood Hazard Area) throughout that
reference the “no net loss” standards;
o Text Amendments to Chapter 18.510 (Sensitive Lands) to reorganize the chapter for
consistency and include the following :
▪ Move the list of sensitive lands from Purpose to Applicability section
▪ Combine General Provisions into a single section
▪ Create a new Review Process section
▪ Move review thresholds from Applicability to new Review Type
Determination section
o Text Amendments to Chapter 18.510 (Sensitive Lands) to add arequirement for “no net
loss” assessment for development within the special flood hazard area.
SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA
This section contains all of the applicable city, state, and Metro policies, provisions, and criteria that
apply to the proposed amendment s.
City of Tigard Community Development Code:
Chapter 18.790: Text and Map Amendments
City of Tigard Comprehensive Plan:
Chapter 1: Citizen Involvement
Chapter 2: Land Use Planning
Chapter 7: Hazards
Goal 10: Housing
Chapter 11: Public Facilities
Metro Functional Plan:
Title 3: Water Quality and Flood Management
Title 8: Compliance Procedures
Statewide Planning Goals:
Goal 1: Citizen Involvement
Goal 2: Land Use Planning
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Goal 7: Areas subject to Natural Hazards
Goal 10: Housing
Goal 11: Public Facilities and Services
SECTION IV. APPLICABLE CRITERIA AND FINDINGS
18.790.020 Legislative Amendments
A. Legislative amendments shall be processed through a Legislative procedure, as provided
in Section 18.710.120.
FINDING: The proposed amendments are legislative in nature. Therefore, the amendment s will be
reviewed under the Legislative procedure. This procedure requires public hearings by both the
Planning Commission and City Council. Public hearings are scheduled for May 5, 2025 and June 10,
2025. This standard is satisfied.
B. Approval considerations. A recommendation or a decision for a legislative amendment
application may be based on consideration of the applicable legal requirements. They
may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative
Rules, one or more Statewide Planning Goals, Metro’s Urban Growth Management
Functional Plan and any other regional plans.
FINDING: Findings and conclusions are provided in this s taff report for the applicable legal
requirements on which the recommendation by the Commission and the decision by the Council
must be based. This standard is satisfied.
CONCLUSION: Based on the findings above, staff concludes that the proposed code text
amendments are consistent with the requirements for legislative
amendments .
TIGARD COMPREHENSIVE PLAN
State planning regulations require cities to adopt and amend Comprehensive Plans and land use
regulations in compliance with the state land use goals and consistent with State Goals and Policies.
Because the development code amendments have a limited scope and the text amendments address
only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan
goals and associated policies are addressed below.
Comprehensive Plan Goal 1: Citizen Involvement
Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity
to participate in all phases of the planning process .
Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each
phase of the land use planning process.
FINDING: This policy has been met by complying with the Tigard Community Development Code
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notice requirements set forth in Section 18.710.120. Measure 56 notices were sent by US Postal
Service on March 27, 2025 to affected property owners, government agencies and the latest version
of the City’s interested parties list. Project information and documents were published to the City
website prior to the public hearing. A minimum of two public hearings will be held (one before the
Planning Commission and the second before the City Council) at which an opportunity for public
input is provided. This policy is satisfied.
Comprehensive Plan Goal 2: Land Use Planning
Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action
plans as the legislative foundation of Tigard’s land use planning program .
Policy 2.1.1: The City’s land use program shall establish clear policy direction, comply with
state and regional requirements, and serve its citizens’ own interests.
FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard
Community Development Code continue to establish clear policy direction, comply with state and
regional requirements, serve the City’s citizens’ own interests, and are consistent with the Tigard
Comprehensive Plan. This policy is satisfied.
Policy 2.1.2: The City’s land use regulations, related plans, and implementing actions shall
be consistent with and implement its Comprehensive Plan.
FINDING: As demonstrated in this staff report, the proposed land use regulations (amendments to
the Tigard Community Development Code), related plans, and implementing actions continue to be
consistent with and implement the Tigard Comprehensive Plan. This policy is satisfied.
Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its
land use program with other potentially affected jurisdictions and agencies.
FINDING: Copies of the proposed text amendments were sent to other affected jurisdictions and
agencies, who were invited to comment on the proposal . Responses are discussed in Section V of
this report. Comments submitted by affected agencies have been incorporated into this report and
the proposed amendments. This policy is satisfied.
Policy 2.1.11: The City shall adopt regulations and standards to protect public safety and
welfare from hazardous conditions related to land use activities.
FINDING: The proposed amendment s include the adoption of regulatory changes required by
FEMA, which will maintain the City’s participation in the National Flood Insurance Program and
protect public safety and welfare for properties located within the ASFH. This policy is satisfied.
Policy 2.1.20: The City shall periodically review and, if necessary, update its Comprehensive
Plan and regulatory maps and implementing measures to ensure they are current and
responsive to community needs, provide reliable information, and conform to applicable
state law, administrative rules, and regional requirements .
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FINDING: In July 2024, the City was notified by FEMA stating that all NFIP participating
communities must select one of the PICM options and notify FEMA of that option by December 1,
2024. The City has elected to adopt the model code, which is required to meet the minimum
standards for participation in the NFIP. The proposed amendments include the adoption of
regulatory changes required by FEMA, which will maintain the City’s participation in the National
Flood Insurance Program and protect the public welfare for properties located within the ASFH.
The proposed amendments ensure that the City’s implementing measures are current and responsive
to community needs, provide reliable information, and conform to applicable state law,
administrative rules, and regional requirements . This policy is satisfied.
Comprehensive Plan Goal 7: Hazards
Goal 7.1: Protect people and property from flood, landslide, earthquake, wildfire, and severe
weather hazards.
Policy 7.1.4: The City shall design and construct public facilities to withstand hazardous
events with a priority on hazard protection of public services and facilities that are needed to
provide emergency response services.
FINDING: The proposed amendments include the adoption of updated regulations related to “no
net loss” of the floodplain functions (storage, water quality, and vegetation). The existing regulations
and proposed amendments to maintain no net loss of the floodplain functions ensures development
can withstand hazardous events. These amendments include a new section in Title 9 that includes
“no net loss” standards of the floodplain functions. Additionally, adoption of these amendment s will
ensure the City’s continued participation in the NFIP. This policy is satisfied.
Policy 7.1.5: The City shall apply and enforce the most current building code standards to
protect the built environment from natural disasters and other hazards .
FINDING: The City of Tigard administers and enforces the State of Oregon Specialty Codes, which
contain certain provisions that apply to the design and construction of buildings and structures
located in ASFH. The proposed amendments will be administered and enforced in conjunction with
the Oregon Specialty Codes. The proposed amendments include the adoption of updated
regulations for development within the ASFH. These amendments, together with the Oregon
Specialty Codes, will ensure that the City will apply and enforce the most current building code
standards to protect the built environment from natural disasters and flood hazards . This policy is
satisfied.
Policy 7.1.7: The City shall comply with the Federal Emergency Management Agency
(FEMA) flood regulations, which include standards for base flood levels, flood proofing,
and minimum finished floor elevations .
FINDING: The proposed amendments implement the latest FEMA-required regulatory updates
related to “no net loss” standards of the floodplain functions. This policy is satisfied.
Policy 7.1.8: The City shall prohibit any land form alterations or developments in the 100 -
year floodplain which would result in any rise in elevation of the 100 -year floodplain.
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FINDING: The City’s current development code prohibits landform alterations or developments in
the 100-year floodplain that would result in any rise in elevation of the 100 -year floodplain. Changes
to this requirement are not proposed. Under the proposed amendments a ll new development will
continue to meet this requirement. This policy is satisfied.
Policy 7.1.9: The City shall not allow land form alterations of development w ithin the 100-
year floodplain outside the zero-foot rise floodway unless:
A. The streamflow capacity of the zero-foot rise and floodway is maintained; and
B. Engineered drawings and/or documentation shows there will be no detrimental
upstream or downstream effects in the floodplain area.
FINDING: The City’s current development code prohibits landform alterations or developments in
the 100-year floodplain that would result in any rise in elevation of the 100 -year floodplain. Changes
to this requirement are not proposed . Under the proposed amendments a ll new development will
continue to meet this requirement and will need to provide the required documentation and
engineered drawings. This policy is satisfied .
Policy 7.1.11: The City shall comply with Metro Title 3 Functional Plan requirements for
balanced fill and removal in the floodplain .
FINDING: The proposed amendments will ensure that the City’s regulations will continue to
comply with Metro Title 3 Functional Plan requirements for balanced fill and removal in the
floodplain. This is a basic requirement of the FEMA regulations, which is also a component of
Metro Title 3 regulations. This policy is satisfied .
Policy 7.1.12: 12. The City shall encourage pervious, and minimize impervious, surfaces to
reduce storm water runoff.
FINDING: The proposed amendments in Title 9 include “no net loss standards” of floodplain
functions, specifically water quality. The proposed amendments include mitigation for new
impervious surfaces, use of low impact development or green infrastructure, and other method s as
documented and designed by a qualified professional . This policy is satisfied.
Policy 7.1.14: The City shall work to reduce the risk of loss of life and damage to property
from severe weather events.
FINDING: The proposed amendments include d in Title 9 and Chapter 18.510 reduce the risk of
loss of life and damage to property from severe weather events, particularly flooding events. These
standards are applied in conjunction with the state building code to reduce the risk of damage to
property. This policy is satisfied .
Comprehensive Plan Goal 10: Housing
Goal 10.1: Provide opportunities for a variety of housing types at a range of price levels to
meet the diverse housing needs of current and future City residents.
Policy 10.1.2: The City’s land use program shall be consistent with applicable state and
federal laws.
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FINDING: The proposed amendments implement the latest FEMA required regulatory updates to
maintain participation in the NFIP. The proposed amendments allow residential development when
located outside of the area of special flood hazard. Any development, including residential, must
comply with all applicable standards when developing within the special flood hazard area. These are
consistent with applicable state and federal laws. This policy is satisfied.
Goal 10.2: Maintain a high level of residential livability
Policy 10.2.5: The City shall encourage housing that supports sustainable development
patterns and climate change preparedness and mitigation by promoting the efficient use of
land, conservation of natural resources, easy access to public transit and other efficient
modes of transportation, easy access to services and parks, resource efficient design and
construction, and the use of renewable energy resources.
FINDING: The proposed amendments in Title 9 include “no net loss” standards to ensure
floodplain functions, specifically floodplain storage, water quality, and vegetation. Mitigation is
required for any impact to the floodplain functions to ensure the development results in no net loss
of those functions. This standard encourages efficient use of land and conservation of natural
resources through mitigation. This policy is satisfied.
Policy 10.2.7: The City shall ensure that residential uses are appropriately related to
locational characteristics and site conditions such as the presence of natural hazards and
natural resources, availability of public facilities and services, and existing land use patterns.
FINDING: The proposed amendments include “no net loss” standards of floodplain functions for
development within the ASFH. The required mitigations to maintain no net l oss in floodplain
functions will result in additional protection from natural hazards within the ASFH. This policy is
satisfied.
Comprehensive Plan Goal 11: Public Facilities and Services
Goal 11.1: Develop and maintain a stormwater system that protects development, water
resources, and wildlife habitat.
Policy 11.1.1: The City shall require that all new development:
C. Meet or exceed regional, state, and federal standards for water quality and flood
protection.
FINDING: The proposed amendments adopt the FEMA required regulatory updates for
development within the ASFH—meeting federal standards for water quality. The purpose of the
proposed amendments is to incorporate regulatory changes required by the Federal Emergency
Management Agency (FEMA) to comply with the latest standards and continue participation in the
NFIP. This policy is satisfied.
CONCLUSION: Based on the findings above, staff concludes that the pro posed code text
amendments are consistent with applicable provisions of the Tigard
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Comprehensive Plan.
METRO Urban Growth Management Functional Plan
State planning regulations require cities to adopt and amend Comprehensive Plans and land use
regulations in compliance with the state land use goals. Within the Portland metropolitan region,
METRO also has responsibility for administering state planning regulations. This is accomplished
through METRO’s adopted Urban Growth Management Functional Plan (UGMFP). Because the
proposed Code Amendments have a limited scope and the text amendments address only some of
the topics in the UGMFP, only applicable UGMFP Titles are addressed below.
Title 3: Water Quality and Flood Management:
The intent of this goal is to protect the beneficial water uses and functions and values of
resources within the Water Quality and Flood Management Areas by limiting or mitigating
the impact on these areas from development activities and protecting life and property from
dangers associated with flooding.
FINDING: The proposed amendments will ensure that the City’s regulations will continue to
comply with Metro Title 3 UGMFP requirements for limiting or mitigating the impact from
development activities on Metro’s designated Water Quality and Flood Management Areas as well as
protecting life and property from the dangers associated with flooding . This is a basic requirement
of the FEMA regulations, which is also a component of Metro Title 3 regulations. This policy is
satisfied.
Title 8: Compliance Procedures
The purposes of this chapter are to establish a process for ensuring city or county
compliance with requirements of the Urban Growth Management Functional Plan and for
evaluating and informing the region about the effectiveness of those requirements.
FINDING: This title has been met by complying with the Tigard Community Development Code
notice requirements set forth in Section 18.710.1 20. Measure 56 notices were sent by US Postal
Service on March 27, 2025 to affected government agencies and the latest version of the City’s
interested parties list. Information and documents were published to the City website prior to the
public hearing. A minimum of two public hearings will be held (one before the Planning
Commission and the second before the City Council) at which an opportunity for public input is
provided. These actions meet or exceed the specific requirements contained in Metro Title 8. This
title is satisfied.
CONCLUSION: Based on the findings above, staff finds that the propose d code amendments
are consistent with Metro’s Urban Growth Management Functional Plan .
Statewide Planning Goals
Goal 1 – Citizen Involvement:
This goal outlines the citizen involvement requirement for the land use planning process,
including the adoption of Comprehensive Plans and changes to the Comprehensive Plan
and implementing documents .
FINDING: This goal has been met by complying with the Tigard Community Development Code
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notice requirements set forth in Section 18.710.1 20. Measure 56 notices were sent by US Postal
Service on March 27, 2025 to affected property owners, government agencies and the latest version
of the City’s interested parties list. Project information and documents were published to the City
website prior to the public hearing. A minimum of two public hearings will be held (one before the
Planning Commission and the second before the City Council) at which an opportunity for public
input is provided. This goal is satisfied.
Goal 2 – Land Use Planning:
This goal outlines the land use planning process and policy framework.
FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged
the city’s Comprehensive Plan as being consistent with the statewide planning goals. The
Development Code implements the Comprehensive Plan. The Development Code establishes a
process and standards to review changes to the Tigard Development Code in compliance with the
Comprehensive Plan and other applicable state requirements. As discussed within this report, the
applicable Development Code process and standards have been applied to the proposed
amendment, and the intent of these amendments are to meet the requirement of state law,
administrative rules, and the Statewide Planning Goals. This goal is satisfied.
Goal 7 – Areas Subject to Natural Hazards
This goal requires that local comprehensive plans to address Oregon’s natural hazards.
Protecting people and property from natural hazards requires knowledge, planning,
coordination, and education.
FINDING: The proposed amendments include the adoption of updated regulations related to “no
net loss” of the floodplain functions (storage, water quality, and vegetation). The existing regulations
and proposed amendments to maintain no net loss of the floodplain functions ensures development
can withstand hazardous events. The proposed amendments included in Title 9 and Chapter
18.510 reduce the risk of loss of life and damage to property from severe weather events, particularly
flooding events. These standards are applied in conjunction with the state building code to reduce
the risk of damage to property. Additionally, adoption of these amendments will ensure the City’s
continued participation in the NFIP. This policy is satisfied.
Goal 10 – Housing
This goal requires cities and counties to provide adequate capacity for needed housing.
OAR Chapter 660 Division 8, which implements Goal 10, states that “the purpose of the
division is to ensure opportunity for the provision of adequate numbers of needed housing
units, the efficient use of buildable land within urban growth boundaries, and to provide
greater certainty in the development process so as to reduce housing costs .”
FINDING: The proposed amendments implement the latest FEMA required regulatory updates to
maintain participation in the NFIP. The proposed amendments in Title 9 include “no net loss”
standards to ensure floodplain functions, specifically floodplain storage, water quality, and
vegetation. Mitigation is required for any impact to the floodplain functions to ensure the
development results in no net loss of those functions. The proposed amendments allow residential
development when located outside of the area of special flood hazard. Any development, including
residential, must comply with all applicable standards when developing within the special flood
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hazard area. The proposed regulations may impact the amount of housing produced based on the
amount of mitigation required to demonstrate no net loss of the floodplain functions. Under the
previous code, housing development was already prohibited within the special flood hazard area, so
the net impact on land available for housing is negligible. These are consistent with applicable state
and federal laws. This policy is satisfied.
Goal 11 – Public Facilities and Services
This goal requires that cities and counties plan a develop a timely, orderly and effic ient
arrange of public facilities and services to serve as a framework for urban and rural
development.
FINDING: The proposed amendments adopt the FEMA required regulatory updates for
development within the ASFH—meeting federal standards for water quality . The purpose of the
proposed amendments is to incorporate regulatory changes required by the Federal Emergency
Management Agency (FEMA) to comply with the latest standards and continue participation in the
NFIP. This policy is satisfied .
CONCLUSION: Based on the findings above, staff finds the proposed code amendments are
consistent with applicable Statewide Planning Goals.
SUMMARY
CONCLUSION: As shown in the findings provided in this report, staff concludes that the
proposed amendments are consistent with the applicable Statewide Planning
Goals; METRO’s UGMFP; applicable Comprehensive Plan goals and
policies, and the applicable provisions of the City’s implementing ordinances.
SECTION V. AGENCY COMMENTS
City of Beaverton, City of Durham, City of King City, City of Lake Oswego, City of Tualatin,
Washington County, Metro, ODOT, DLCD, DEQ, ODFW, OR Dept. of Geo. & Mineral
Ind., US Army Corps of Engineers, and CWS were notified of the proposed code text
amendments but provided no comment.
Department of State Lands provided emailed comments primarily related to wetlands, these have
been incorporated into the proposed amendments.
City of Tigard Engineering Department provided written comments and suggested edits on the
proposed amendments. Staff incorporated many of these into the proposed amendments.
SECTION VI. PUBLIC COMMENTS
The City has received the following public comments:
On March 30, 2025, staff received:
- An email from Art Bahrs requesting a copy of the proposed amendments.
- An email from Randy Killion requesting a copy of the proposed amendments.
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On March 31, 2025, staff received:
- An email from Kevin Buckley requesting a copy of the proposed amendments.
- An email and phone call from Jennifer Campbell asking what is being proposed and
requesting a copy of the proposed amendments.
- An email from Randy Killion requesting a copy the map referenced in the proposed
amendments.
- A phone call from Shirley Root asking what is being proposed.
- A phone call from Joan Sakagushi asking what is being proposed.
- A phone call from Ron Risberg asking what is being proposed.
On April 1, 2025, staff received:
- An email from Tom Manning asking how the amendments impact properties.
- An email from Mike Tietz requesting a copy of the proposed amendments .
On April 2, 2025, staff received a phone call from Julie Mann on what is being proposed.
On April 3, 2025, staff received :
- An email from Pasquale Pascuzzi requesting a copy of the proposed amendments.
- A phone call from Christine Broussard asking what is being proposed.
- A phone call from Sandy Pepnum asking what is being proposed.
On April 4, 2025, staff received
- An email from Steve Hilton asking what the proposed changes are and how it would impact
his property.
- A phone call from Diane Swietnek expressing concerns about amendments and requesting
more information about impacts to her property.
- A phone call from Sukanya Kannegundla asking what is being proposed.
On April 7, 2025, staff received:
- An email from Kimberly Shute expressing concerns about the amendments and impacts on
her property.
- A phone call from Carol McAdam requesting a copy of the proposed amendments.
- A phone call from Pamela Cournoyer asking how the amendments will impact her property.
- A phone call from Michelle Burnett asking about impacts to her property and the
Summerwood Village development.
On April 8, 2025, staff received:
- An email from Michelle Burnett requesting a map showing floodplain and the Summerwood
Village development and asking what will occur at the public hearing.
- An email from Rob Rettig, an engineering from AKS Engineering and Forestry, LLC.,
asking what the proposed amendments were.
- A phone call from Zabi Ghaffari asking what is being proposed.
On April 11, 2025, an email from Zabi Ghaffari expressing support for the proposed amendments.
On April 14, 2025, an email from Amy and Matt Bloom asking for more information on the
proposed amendments and their impacts on their property.
FEMA ENDANGERED SPECIES ACT (ESA) COMPLIANCE CODE AMENDMENTS DCA2025-00001
5/5/2025 PUBLIC HEARING, STAFF REPORT TO THE PLANNING COMMISSION PAGE 14 OF 14
On April 15, 2025, staff received an email from Nancy Devine requesting a copy of the proposed
amendments and their impacts on their property.
On April 16, 2025, staff received an email and phone call from Michael Westfall asking what is being
proposed and requesting a copy of the proposed amendments.
On April 22, 2025, staff received a phone call from Todd Ellsworth asking what is proposed and
how it impacts his property. A copy of the proposed amendments was provided.
On April 26, 2025, staff received an email from Michael Westfall requesting the proposed
amendments.
On April 28, 2025, staff received an email from Tiera Liby asking what is proposed and how it
impacts their property, if and what the increase in insurance will be, and if the city will assist in these
costs.
ATTACHMENTS:
Attachments:
1. Draft Text Amendments
2. Agency Comments
3. Public Comments
April 28, 2025
PREPARED BY: Agnes Lindor DATE
Senior Planner
April 28, 2025
APPROVED BY: Schuyler Warren DATE
Assistant Community Development Director