Flood Risk and Land-Use

Intersectionality

November 7, 2024

Today’s Speakers:

• Paula Harris, Flood Planning and Mitigation Manager for Whatcom County, Paula is a PE with 37 years of professional experience, 25 years of that as River and Flood Manager at Whatcom County. She is leading a collaborative effort to try to bring her communities together in the wake of the November 2021 flood to develop integrated solutions to achieve community values within the Nooksack River floodplain.

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• Michael Cerbone is the Community Development Director for City of Ferndale. Michael has a Bachelor of Science degree in Forestry and a Masters degree in Public Administration. Michael has American Institute of Certified Planner (AICP) certification from the American Planning Association. Michael has over 25 years of experience working for cities and counties in Oregon and Washington as well as consulting throughout the western US. Michael serves on the steering committee for the Nooksack Floodplain Integrated Planning (FLIP) team as well as the Whatcom Housing Alliance

Agenda:

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• 12:00 - 12:05 - Welcome and Context

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• 12:05-12:20 - Paula Harris

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• 12:20 - 12:40 - Mike Cerbone

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• 12:40-12:55 - Discussion

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• 12:55-1:00 - Closing

Flooding and Land Use

This Talk Was Also Provided to The PSP Leadership Council

On

9/11/24

Structure Impacts (Nov. 2021)

Sea Level Rise Needs to be Included in Simulation

DRAFT SIMULATION RESULTS

Everson

Nooksack

Sumas

Canada

USA

US Customs and Border Crossing

Sumas, WA in November 2021

Buckets of Actions

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Water Surface Comparison�Nov. 2021 v. Nov. 2021 x 1.2

Sea Level Rise Needs to be Included in Simulation

DRAFT SIMULATION RESULTS

Water Surface Comparison�Nov. 2021 v. Nov. 2021 x 1.75

Sea Level Rise Needs to be Included in Simulation

DRAFT SIMULATION RESULTS

Land Use Tools

• Urban Growth Area (UGA)
• 20-year supply of land within
• Identifies future area for growth of a City or Community
• Zoning
• Allows a community to regulate development at a site-specific level
• Preclude development, limit development, and/or establish specific standards to regulate development

Land Use Challenges

• Growth Management Act (GMA) promotes densification in Cities
• Floodplain cities increase densities in floodplain areas
• Efforts to mitigation existing damages result in more high-density development in at-risk areas
• There is always a storm bigger than the design storm especially with climate change

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• GMA Prohibition on UGA land swaps into ag lands
• If City is entirely surrounded by ag lands can’t swap ag lands in floodplain for ag lands out of floodplain

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Zoning Around Sumas - Agriculture

AG

AG

AG

Sumas

PREVIOUS DRAFT FEMA MAPPING

Yellow = Floodway

Red = Floodplain

Blue dots = Reported damage in 2021

Sumas

UGA Reserve

UGA

PREVIOUS DRAFT FEMA MAPPING

Yellow = Floodway

Red = Floodplain

PREVIOUS DRAFT FEMA MAPPING

Yellow = Floodway

Red = Floodplain

Everson

Nooksack

Washington Land Use Program

• State Environmental Policy Act (SEPA) - 1971
• Identifies and analyzes environmental impacts associated with government actions
• Can modify or deny a proposal to avoid, reduce, or compensate for probably impacts
• Responsible State Agency: Washington Department of Ecology
• Shoreline Management Act (SMA) - 1971
• Manage and protect the Shorelines of the State
• Responsible State Agency: Washington Department of Ecology
• Growth Management Act (GMA) - 1990
• Requires comprehensive plans based on 15 statewide goals
• Comprehensive Plans are implemented through development codes
• Responsible State Agency: Washington Department of Commerce

Preemption

Preemption is a legal doctrine that allows a higher level of government to limit or prevent a lower level of government from regulating a specific issue. This means that a lower level of government cannot pass a law that violates a higher level law. Preemption is most commonly thought of in terms of the federal government preventing state regulation, but states can also use preemption to limit municipalities.

Example: Floodplain regulations

• We can regulate development and require additional elevation outside of floodplains, but we cannot reduce the boundary beyond what is established by the federal government

State Environmental Policy Act (SEPA)

• Required for “Project” actions: development proposals; and
• “Non-Project” actions: changes to the text of the code or comprehensive plan, zone changes, and comprehensive plan map changes
• Categorically Exemptions and Critical Areas
• Jurisdiction can override some exemptions WAC 197-11-908
• Ferndale: does not exempt projects within the Floodplain and Floodway
• Process can be separate or combined with Land Use Process
• SEPA Decisions:
• Determination of Nonsignificance (DNS): The proposal is unlikely to have significant environmental impacts.
• Mitigated Determination of Nonsignificance (MDNS): The proposal has significant environmental impacts that require mitigation.
• Determination of Significance (DS): The proposal will have significant adverse environmental impacts that cannot be mitigated – EIS

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Shoreline Management Act (SMA)

Goal: Manage and protect the 28,000+ miles of state shorelines:

• Pacific Ocean & Puget Sound
• Lakes over 1,000 acres
• Rivers and Streams
• Over a 1,000 cfs West of Cascades
• Over 200 cfs East of the Cascades
• Ensure public access and plan for water dependant uses
• Implemented through the adoption of a Shoreline Master Program
• Requires periodic review to ensure plans are consistent with state law

Shoreline Master Program (SMP)

SMPs contain goals, policies and regulations - similar to a comprehensive plan and a development code

All local decisions are reviewed for consistency by Ecology

Shoreline jurisdiction:

• Typically 200 feet landward of the Ordinary High Water Mark (OHWM)
• Includes wetlands that are located within and extend outside of Shoreline Jurisdiction
• Includes mapped floodways and floodplains can be limited to or extended beyond the 200 feet
• Critical Areas integrated into SMP

Growth Management Act (GMA)

• Requires the development of coordinated comprehensive plans to guide growth
• 15 Planning Goals guide the development of Comprehensive Plans and Development Regulations:
• Urban Growth; Reduce Sprawl; Transportation; Housing; Economic Development; Property Rights; Permits; Natural Resource Industries; Open Space and Recreation; Environment, Citizen Participation and Coordination; Public Facilities and Services; Historic Preservation; Climate Change and Resiliency; and Shoreline Management
• Implemented through the adoption of Comprehensive Plans and Development Regulations

GMA Periodic Update

• Periodic Review every 10 years:
• Comprehensive Plans and Development Regulations to ensure consistency with state law
• Urban Growth Areas (UGAs) to ensure a 20 year supply of residential and employment land is available
• Requires coordination of growth and infrastructure to guide the development of the community
• Capital facilities plans for water, sewer, stormwater, transportation, parks and recreation
• Requires coordination with School Districts, Fire Departments, and other service providers

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GMA Periodic Update: New Legislation

HB 1337: Accessory Dwelling Units in Urban Growth Areas (UGAs)

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Requires allowing at least two (2) Accessory Dwelling Units (ADU) on all lots that allow for single-family homes

• Can be attached, detached, or a combination of
• Limits how the ADU is regulated, height, design, location, etc.

Critical Areas:

• State did not preempt a jurisdictions ability to restrict ADUs in:

“residential zones with density of one dwelling unit per acre or less that are within areas designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas.”

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GMA Periodic Update: New Legislation

HB 1220: Emergency Shelter and Housing

• Requires jurisdictions to “plan for and accommodate” housing affordable to all income levels; this includes transitional and permanent supportive housing

Floodplains and Land Use in Washington

• The SMA/SMP limits what can occur within the floodplain and impacts to wetlands and habitat, and enhances public access
• SEPA allows jurisdictions override categorical exemptions in critical areas, including flood prone areas
• The new ADU Bill (HB 1337) allows cities to restrict increased density within critical areas, including flood prone areas
• Jurisdiction can be more restrictive than state or federal requirements:
• Increased elevation of structures, increased floodplain boundaries, restricting certain development within floodplains through zoning
• Oregon City: 1996 flood inundation is their regulatory boundary
• McMinnville: restricts development within the floodplain
• Competing requirements within the GMA can restrict where cities grow and result in more density in areas prone to flooding

Upcoming Events

Upcoming Lunch and Learns

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• December 5th: Channel Migration Zones - join us to learn more about CMZs, how to delineate them, and better protect communities
• December 12: Funding and Policy Action Group Quarterly Summit

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• January 9th: Making the Habitat Recovery Pilot Program Permanent

FCAAP:

Flood Control Assistance Account Program

Ecology is hosting two 1-hour virtual workshops in November. 2024 to provide more information to interested FCAAP grant applicants. The workshops will provide an overview of the upcoming 2025-2027 grant funding cycle, eligibility, and application details. The events will be held:

· Tues., Nov. 12, 2024, at 10:00-11:00 a.m. Register in advance.

· Wed., Nov. 13, 2024, at 1:00-2:00 p.m. Register in advance.

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FCAAP funding helps communities develop comprehensive flood hazard management plans, as well as implement recommended activities from those plans. Ecology recently expanded the range of eligible activities and added federally recognized Tribes as eligible applicants for this grant program. Ecology will be funding planning grants that fall into three categories:

· Category 1: Developing a new comprehensive flood hazard management plan (CFHMP), including studies and activities leading to a new CFHMP.

· Category 2: Updating an existing CFHMP, including studies and activities leading to an updated CFHMP.

· Category 3: Completing activities from an existing CFHMP, as described in the funding guidelines.

Examples of eligible activities include:

· Permitting work.

· Feasibility and technical studies.

· Planning for future property acquisition.

· Mapping projects.

· Community, Tribal, and partner outreach and engagement efforts.

· Public flood risk communications.

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