2020-07-27-minutes-public-works-study-session

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BACKGROUND: In 1981, Kittitas County joined the National Flood Insurance Program. Participating in the National Flood Hazard Program provides benefits to County residents, particularly the ability to take out a Federal and Federally backed mortgage and receive disaster assistance. It also makes Federal flood insurance available in our community. To participate in the National Flood Insurance Program, Kittitas County must have a floodplain management ordinance that meets minimum Federal and state criteria and must adopt and utilize floodplain hazard maps provided by FEMA. Staff from FEMA and the Department of Ecology have reviewed our ordinance and provided required and suggested code revisions. One of the required code changes would be to update the date of the effective Flood Insurance Rate Maps, so that we adopt and utilize the newest maps adopted by FEMA. Other substantive changes include specifying penalties for non-compliance; requiring all projects that change the use of a detached garage or shed to a use outside parking and storage to meet the requirements for the new use; adding conditions for granting variances; and adding a requirement for the applicant to certify that they have met the requirements for detached garages and sheds. Required, substantive changes would also require that the floodplain administrator notify FEMA when annexations occur within the 100-year floodplain and when new technical information becomes available about 100-year flood elevation. Two of the required, substantive changes would result in greater flexibility for uses in the 100-year floodplain. FEMA was scheduled to provide a Letter of Final Determination on April 15, 2020 but delayed due to COVID-19 concerns. Once FEMA issues a Letter of Final Determination, Kittitas County will have to update our ordinance within 6 months to adopt the new maps and make any changes needed to ensure minimal compliance with Federal and State requirements. FEMA is now ready to proceed in issuing the Letter of Final Determination but is seeking feedback from the County and other local jurisdictions before proceeding. DISCUSSION: Public Works staff routinely hears feedback from community members who are currently unable to implement their project due to floodway restrictions, but once the new maps are adopted will be able to proceed because the footprint of the floodway is reduced. These community members have expressed frustration about the multiple delays associated with new map adoption and with the current uncertainty in the schedule. Delay in new map adoption also increases the risk in areas currently outside the 100-year floodplain, but that will be incorporated once the new maps are adopted, that new development will be more susceptible to flood risk because our flood damage prevention ordinance does not apply and insurance premiums will be high once the new maps take effect. If FEMA issues the letter of Final Determination while there are still restrictions to in- person meetings, proposed code revisions could include only for the mandatory changes and therefore allow for a more thorough public process regarding any changes that the County has discretion in choosing to implement and remain within the National Flood Insurance Program. The most consequential required change is for our Code to identify for penalties for non-compliance and staff has requested legal review. Required ordinance language will also prevent some people from converting detached garage or sheds to uses outside parking and access without significant investment, though this requirement is already in effect for any detached garages or sheds that was built after May 1981. Some Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY CONMSSIONERS WORK SESSION STAFF REPORT