DC 25-01 Development Code Update for PICM and other code revisions
The City of Millersburg is revision its Development Code to make changes required by FEMA. FEMA is requiring participating communities to make changes to the National Flood Insurance Program (NFIP) in Oregon. FEMA explains that the changes are needed to protect the habitat of several species of fish and the Southern Resident killer whales to comply with the Endangered Species Act (ESA). FEMA outlined these changes in the draft NFIPESA Implementation Plan, which FEMA will fully implement in 2027. Until then, FEMA is requiring communities need to begin implementing interim measures, known as PreImplementation Compliance Measures (PICMs), to protect habitat and achieve what FEMA is calling 'no net loss.' FEMA has developed these measures to address the 2016 National Marine Fisheries Service (NMFS) Biological Opinion (BiOp). These measures are intended to occur as the agency undertakes a National Environmental Policy Act (NEPA) review to assess the effects of FEMA’s proposed NFIP-ESA integration efforts.
FEMA provided communities with three options for the mandated changes. The City has opted for the path that makes changes to the Code based on a FEMA 'model code.' FEMA used the current Oregon Model Ordinance as the basis for creating the PICM model ordinance. As a result, the language remains consistent with current guidance in other aspects of floodplain management.Compliance with the ESA is built into the code of the Model Ordinance. Therefore, communities do not need to go through a separate or additional process to ensure ESA compliance. The Model Ordinance provides new performance standards to address protection of ESA-listed fish and essential fish habitat, including mitigation ratios that will achieve no net loss.
Updating the Code is complicated, so the City is using the opportunity of the required Code change to update 9 other areas of the Code. Traditionally the City does one larger annual Code update to batch needed changes that have been identified over the previous year. This annual Code update was recently completed, DC 24-02. However, some items were either removed from that update so they could be addressed later, or they are newer items that were identified after the approval of DC 24-02. These 9 changes include:
- proposed changes to RV covers (walls on them specifically),
- further refinements to the new ground mounted solar sections,
- additional work on the heights of accessory structures,
- changes to partition requirements,
- changes to legal non-conforming structure standards,
- revisions to signs on chain link fencing,
- minor clarification to the standards for fowl and rabbits,
- additions for middle housing mandates by the State,
- and clarification to lot to width standards for new partitions and subdivisions.
The project is scheduled for a workshop before the Planning Commisison and the City Council on May 6th and 13th respectively. Hearings have not yet been scheduled.
