Warrenton and other local governments have been critical of federal changes to flood plain rules.

WARRENTON — In the face of a deadline by the Federal Emergency Management Agency, city commissioners have chosen a course of action for regulating flood plain development.

For the past several years, FEMA has been working to bring the National Flood Insurance Program into compliance with the federal Endangered Species Act. A plan isn’t expected until early 2027, but in July, the agency announced that jurisdictions participating in the National Flood Insurance Program would be required to commit to new preimplementation compliance measures by Dec. 1.

Communities were given three options: prohibit all new development in the flood plain, adopt a model ordinance, or require permit applicants to develop flood plain habitat assessments on a case-by-case basis.

At the recommendation of planning staff on Nov. 26, city commissioners chose option two.

The model ordinance sets mitigation requirements for anyone looking to build, fill, pave or cut trees in the flood plain. For example, if someone were to raise their home, they’d need to create 1.5 or two times more undeveloped space than they removed during the process, depending on location.

Warrenton also faces unique challenges. Because the city’s levees aren’t accredited, they aren’t accounted for in FEMA’s flood risk maps, putting much of the city into the special flood hazard area. Earlier this year, FEMA released new draft flood risk maps, which, if approved, would add more than 1,000 structures to the flood plain.

Mayor Henry Balensifer, who recently joined the board of Oregonians for Floodplain Protection, has been vocal in his opposition to FEMA’s mandate, calling the requirements “ridiculous” and “criminal.” He told city commissioners that he anticipates the coalition to file a lawsuit by the end of the year. Nevertheless, Balensifer has also said he sees a model ordinance as the safest of three undesirable options.

Although city commissioners have chosen to move forward with the model ordinance, they have yet to adopt it into their code. In November, the Clatsop County Board of Commissioners made a similar decision. In light of legal concerns, commissioners agreed that the county would continue to issue permits under its current code until closer to July 31, which FEMA has indicated as a final deadline for implementing the ordinance.

City Manager Esther Moberg said Warrenton’s timeline for implementation is still up in the air, but in the past few weeks, they worked expeditiously to process as many permits as possible before the Dec. 1 decision deadline.

She reminded commissioners at the Nov. 26 meeting that the city still has some flexibility until the end of July.

“You do have the right to change your mind before that time, if you so desire, as things develop and as FEMA changes some of their studies and things,” Moberg said. “You are able to come back, if needed, and change that decision at a later date.”