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11/18/24 06 PM: County Adopts Flood Ordinance Amendments for NFIP Compliance

County Adopts Flood Ordinance Amendments for NFIP Compliance

Jefferson County unanimously adopted housekeeping amendments to Chapter 15.15 Flood Damage Prevention Ordinance following public hearing. Changes ensure NFIP compliance per Ecology/FEMA recommendations, without altering substantive standards like one-foot elevation. Public concerns on Brinnon floodway development addressed; working group and grants planned.

Public Hearing and Adoption of Amendments to Flood Damage Prevention Ordinance (Chapter 15.15)

Metadata

  • Time Range: 00:03:09–01:26:52 (PART 1)
  • Categories: ordinances, planning, land use, infrastructure, budgeting, permits

Summary

Jefferson County held a continued public hearing on proposed housekeeping amendments to Chapter 15.15 of the County Code, the Flood Damage Prevention Ordinance, prompted by a Department of Ecology community assistance visit representing FEMA to ensure compliance with the National Flood Insurance Program (NFIP). Staff emphasized that the changes—adding definitions, a standalone floodplain development permit, references to floodplain administrator, storage requirements, and other model code alignments—do not alter substantive regulations in place since at least 2019, such as the one-foot-above-base-flood-elevation standard or floodway encroachment prohibitions unless certified no-rise. The Board of County Commissioners unanimously adopted the ordinance after staff presentation and public testimony expressing concerns over development restrictions in Brinnon's floodway, economic impacts, and housing needs.

Key Discussion Points

  • Staff (Josh and Phil) presented 10 specific Ecology-recommended changes, including updated definitions (e.g., special flood hazard area, enclosure), park model language, floodplain administrator references, CRS provisions, storage anchoring/removal requirements, agricultural exemptions (e.g., livestock sanctuaries, temporary hoop houses), and no changes to base flood elevation standards.
  • Josh (DCD): Explained NFIP participation provides federal disaster aid, grants/loans, and mortgage access; non-compliance risks ineligibility; floodplain maps updated in 2019 to include Duckabush River floodway; offered staff assistance for grant scoping on river dynamics, land use options, levee alternatives, and FEMA map revisions (e.g., CLOMR/LOMR).
  • Phil (Fire Marshal): Confirmed building code requires one foot above base flood elevation since 2015 statewide; changes align with model code without regulatory shifts.
  • Commissioner Brotherton: Clarified floodway language nuanced, not absolute prohibition; recounted prior flood damages without insurance; stressed existential risk of losing NFIP.
  • Commissioner Eisenhower: Supported as administrative updates for flood insurance eligibility.
  • Public raised anxieties over floodway development bans stifling Brinnon businesses/upgrades, affordable housing crisis, deprioritized economic needs, and past non-enforcement; requested cost-benefit analysis of NFIP savings vs. local impacts.
  • Closing remarks addressed Brinnon Community Center upgrades (delayed behind Port Townsend center; potential lift for flood compliance complicating plans), comprehensive plan update (2025 periodic review with Brinnon meetings planned), sewer extension discussions, and communication gaps.

Public Comments

  • Robert Finnegan (309-852): Handed out documents criticizing DCD statements as dismissing people as "insignificant"; expressed anger over perceived disregard for residents.
  • Dan Ventura (Brinnon): Opposed changes amid housing/economic crises; criticized deprioritizing opportunities like sewer; urged rejecting as statement prioritizing people over paperwork.
  • Kelly (Brinnon): Requested cost analysis of 5% FEMA insurance savings vs. Brinnon impacts; emphasized need for solutions enabling business upgrades.
  • Steve Walker (331 Duckabush River Rd): Supported community input; noted historical commercial zoning in floodway as mistake but committed to best for community.
  • Lou Leet (Brinnon): Asked about county-owned infrastructure (e.g., levee) affected by non-NFIP compliance.
  • Multiple unnamed speakers: Expressed frustration over South County neglect, poor communication, community center plans, grant biases (e.g., prior administrator's restrictive views), FEMA map inaccuracies, and calls for Dutch-style flood tech or Army Corps reevaluation.

Supporting Materials Referenced

  • Ecology letter from Matt Gerlach with 10 specific comments (attached to presentation; redline code versions available online).
  • FEMA flood insurance rate maps (FIRMs), Duckabush River floodway map (2019 update), Brinnon Limited Area of More Intensive Rural Development (LAMIRD) overlay showing flood hazard coverage percentages.
  • Staff webpage with Ecology suggestions; International Residential Code excerpts (2012–2021) confirming elevation standards.
  • Supporting materials (e.g., Ecology letter, redline code, FEMA maps) were referenced but not provided for analysis.

Financials

  • NFIP: 149 policies countywide ($44 million coverage); 51 claims totaling $674,000 (as of July 2023).
  • Potential non-compliance impacts: Loss of federal flood disaster assistance, structure repair aid, loans/mortgages in flood areas, grants/loans for acquisition/construction.
  • Federal shift (September 2024): Two feet above base flood elevation for federally funded loans (e.g., FHA); county standard remains one foot.
  • Brinnon Community Center: Prior $1.2 million earmark; upgrades may require 5–10 foot lift, complicating costs.

Alternatives & Amendments

  • Floodway encroachments prohibited unless certified no-rise by registered engineer (language clarified as nuanced pathway, not absolute ban; e.g., possible for sewer infrastructure).
  • Staff-proposed grant for baseline river/fish habitat study, land use vulnerability reduction, structural protections (e.g., levee alternatives), FEMA map revisions; prior grant scoped but withdrawn due to lack of community support.
  • Comprehensive plan tools: LAMIRD infill limits; potential urban growth area or sewer extensions (State Parks/PUD discussions).
  • No formal amendments proposed; public suggested prioritizing local studies over FEMA models, Dutch flood tech.

Outcome, Vote, and Next Steps

  • Decision: "Moving that we adopt an ordinance repealing and replacing the flood damage prevention ordinance in chapter 15.15 of the Jefferson County Code, enacting a new chapter 15.15... as presented."
  • Vote: Unanimous (Ayes: Eisenhower, Brotherton; motion by Eisenhower, second by Brotherton).
  • Next Steps:
  • Form working group (staff-led, e.g., Josh Peters [email protected]) to scope grant for Duckabush River study/land use options; community volunteers solicited (e.g., Clint).
  • Participate in 2025 Comprehensive Plan periodic update (webpage: community development homepage; Planning Commission meetings in Brinnon).
  • Advance Brinnon Community Center upgrades post-Port Townsend center (RFQ for A/E review); seek community input.
  • Engage Dosey Wallops River collaborative (Tammy/Natural Resources) for river dynamics/flood vents info.
  • Improve communication: [email protected]; Monday commissioner meetings (Zoom via jeffbocc search).

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