Floodplain Management Overlay District code amendments

Oregon City has adopted code revisions to the Floodplain Management Overlay District (17.42) to implement FEMA requirements for no net loss in floodplain habitat through a permit-by-permit approach to development within Special Flood Hazard Areas.  For more guidance on the Permit by Permit approach see the City's Guidance document below.  FEMA's guidance document is linked for more details and clarifications.  This is a temporary measure until FEMA has completed an Environmental Impact Study and additional guidance is provided to local governments in Oregon. Visit the FEMA website for more information about this process.

Background:

2009 - FEMA was sued by environmental groups for not consulting with National Marine Fisheries Services (NMFS) about the impacts of the National Flood Insurance Program (NFIP) on threated and endangered species allegedly violating the Endangered Species Act (ESA)

2016 - NMFS issues it's Biological Opinion (BiOp)

2024 - FEMA notified cities and counties to take short term Pre-Implementation Compliance Measures (PICM) for development review in flood hazard areas. 

Due to the very short deadlines imposed by FEMA, Oregon City will review new development within the 100-year Floodplain through a permit-by-permit approach which was adopted by City Commission on March 5, 2025. 

What will you need to do to comply?

Applications for new development approval within the 100-year floodplain will have to submit a Mitigation Assessment prepared by a qualified professional in order to demonstrate no net loss of beneficial habitat functions from the development proposal.

Please see the resource documents below for more information.