HomeMy WebLinkAboutOrd. 20684COUNCIL ORDINANCE NO. 20684
AN ORDINANCE CONCERNING FLOOD HAZARD AREAS; AMENDING
SECTIONS 9.0500, 9.6705, 9.6706, 9.6707, 9.6708 AND 9.6709 OF THE
EUGENE CODE, 1971; AND PROVIDING AN EFFECTIVE DATE.
ADOPTED: March 8, 2023
SIGNED: March 14, 2023
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: April 14, 2023
ORDINANCE NO. 20684
AN ORDINANCE CONCERNING FLOOD HAZARD AREAS; AMENDING
SECTIONS 9.0500, 9.6705, 9.6706, 9.6707, 9.6708 AND 9.6709 OF THE
EUGENE CODE, 1971; AND PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Eugene finds as follows:
A. The State of Oregon has in ORS 197.175 delegated the responsibility to local
governmental unit to adopt floodplain management regulations designated to promote the public
health, safety, and general welfare of its citizenry.
B. The flood hazard areas in the City of Eugene are subject to periodic inundation which may
result in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
C. These flood losses may be caused by the cumulative effect of obstruction in special flood
hazard areas which increase flood heights and velocities, and when inadequately anchored,
cause damage in other areas. Uses that are inadequately floodproofed, elevated, or otherwise
protects from flood damage also contribute to flood loss.
D. The purpose of this ordinance is to promote public health, safety and general welfare, and
to minimize public and private losses due to flooding in flood hazard areas by provisions designed
to:
(1) Protect human life and health.
(2) Minimize expenditure of public money for costly flood control projects.
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public.
(4) Minimize prolonged business interruptions.
(5) Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in special flood
hazard areas.
(6) Help maintain a stable tax base by providing for the sound use and development
of flood hazard areas so as to minimize blight areas caused by flooding.
(7) Notify potential buyers that property is in a special flood hazard area.
(8) Notify those who occupy special flood hazard areas that they assume
responsibility for their actions.
E. In order to accomplish its purpose, this ordinance sets out methods and provisions for:
(1) Restricting or prohibiting development which is dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
(2) Requiring that development vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
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(3) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development which may increase
flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally
divert flood waters or may increase flood hazards in other areas.
F. ORS 455 establishes that local governments must administer and enforce the State of
Oregon Specialty Codes and the Oregon Specialty Codes contain certain provisions that apply to
the design and construction of buildings and structures located in special flood hazard areas.
Therefore, this ordinance is intended to be administered and enforced in conjunction with the
Oregon Specialty Codes.
The City of Eugene ordains as follows:
Section 1. The definitions codified at Section 9.0500 of the Eugene Code, as adopted
or revised by this ordinance, also apply to the uncodified provisions of this ordinance.
Section 2. Duties and Responsibilities of the Floodplain Administrator. The City
Manager, and the City Manager's designee, shall administer, implement and enforce the
provisions of Eugene Code (EC) Sections 9.6706 — 9.6709 through the approval or denial of
development permits in accordance with those code sections as they are hereby adopted or
later amended, and the uncodified provisions of this Ordinance. This includes, but is not limited
to:
(a) reviewing all development permit applications to determine whether the permit
requirements of sections EC 9.6705 to 9.6709 have been satisfied;
(b) reviewing all development permit applications to determine whether all other required
local, state, and federal permits have been obtained and approved;
(c) reviewing all development permit applications to determine whether the proposed
development is located in a floodway and, if located in the floodway, assuring that the
floodway requirements of EC 9.6707(2)(d) are satisfied;
(d) reviewing all development permit applications to determine whether the proposed
development is located in an area where Base Flood Elevation (BFE) data is available either
through the Flood Insurance Study (FIS) or from another authoritative source and, if BFE
data is not available, then ensuring compliance with the provision EC 9.6707(1)(g);
(e) reviewing all development permit applications and, where applicable, providing to
building officials the Base Flood Elevation (BFE) and freeboard applicable to any proposed
building requiring a development permit.
(f) reviewing all development permit applications to determine whether the proposed
development qualifies as a substantial improvement as defined in EC 9.0500;
(g) reviewing all development permit applications to determine whether the proposed
development activity is a watercourse alteration and, if a watercourse alteration is proposed,
ensure compliance with the provisions of EC 9.6707(1)(a); and
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(h) reviewing all development permit applications to determine whether the proposed
development activity includes the placement of fill or excavation.
Section 3. Information to be Obtained and Maintained. The City Manager or their
designee shall obtain and maintain information as necessary to carry out the purposes of this
Ordinance and shall make such information available for public inspection as needed, as
follows:
(a) Obtain, record, and maintain the actual elevation (in relation to mean sea level) of
the lowest floor (including basements) and all attendant utilities of all new or substantially
improved structures where Base Flood Elevation (BFE) data is provided through the
Flood Insurance Study (FIS), Flood Insurance Rate Map (FIRM), or obtained in
accordance with EC 9.6707(1)(g).
(b) Obtain and record the elevation (in relation to mean sea level) of the natural grade of
the building site for a structure prior to the start of construction and the placement of any
fill and ensure that the requirements of EC 9.6707(2)(d) and all other required local,
state, and federal permits have been obtained, approved and are adhered to.
(c) Upon placement of the lowest floor of a structure (including basement) but prior to
further vertical construction, obtain documentation, prepared and sealed by a
professional licensed surveyor or engineer, certifying the elevation (in relation to mean
sea level) of the lowest floor (including basement).
(d) Where base flood elevation data are utilized, obtain As -built certification of the
elevation (in relation to mean sea level) of the lowest floor (including basement)
prepared and sealed by a professional licensed surveyor or engineer, prior to the final
inspection.
(e) Maintain all Elevation Certificates (EC) submitted to the City;
(f) Obtain, record, and maintain the elevation (in relation to mean sea level) to which the
structure and all attendant utilities were floodproofed for all new or substantially
improved floodproofed structures where allowed under this ordinance and where Base
Flood Elevation (BFE) data is provided through the FIS, FIRM, or obtained in
accordance with EC 9.6707(1)(g).
(g) Maintain all floodproofing certificates required under this ordinance;
(h) Record and maintain all variance actions, notices of variance, and the justification for
their issuance as described at EC 9.6709;
(i) Obtain and maintain all hydrologic and hydraulic analyses performed as required
under EC 9.6707(2)(d).
0) Record and maintain all Substantial Improvement and Substantial Damage
calculations and determinations required under EC 9.6708(1) and (2), keeping a record
of SI calculations within permit files.
(k) Maintain for public inspection all records pertaining to the provisions of this
ordinance.
Section 4. Community Boundary Alterations. The City Manager or their designee
shall notify the Federal Insurance Administrator in writing whenever the City limits have been
modified by annexation or the City has otherwise assumed authority or no longer has authority
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to adopt and enforce floodplain management regulations for a particular area, to ensure that all
Flood Hazard Boundary Maps (FHBM) and Flood Insurance Rate Maps (FIRM) accurately
represent the City's boundaries. Include within such notification a copy of a map of the City
suitable for reproduction, clearly delineating the new corporate limits or new area for which the
community has assumed or relinquished floodplain management regulatory authority.
Section 5. Requirement to Submit New Technical Data. When physical changes
affecting flooding conditions cause the City's base flood elevations to increase or decrease, as
soon as practicable, but not later than six months after the date such information becomes
available, the City Manager or their designee shall notify the Federal Insurance Administrator of
the changes by submitting technical or scientific data in accordance with Title 44 of the Code of
Federal Regulations (CFR), Section 65.3 or require the applicant to submit such data through
the applicable FEMA Letter of Map Change (LOMC) process. The City Manager or their
designee shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain
development permit for:
(a) Proposed floodway encroachments that increase the base flood elevation; and
(b) Proposed development which increases the base flood elevation by more than one
(1) foot in areas where FEMA has provided base flood elevations but no floodway.
An applicant shall notify FEMA within six (6) months of project completion when an
applicant has obtained a Conditional Letter of Map Revision (CLOMR) from FEMA. This
notification to FEMA shall be provided as a Letter of Map Revision (LOMR).
Section 6. Section 9.0500 of the Eugene Code, 1971, is amended to add the following
definitions in alphabetical order:
Appeal. As used in EC 9.6705 to 9.6709, a request for a review of the interpretation of any
provision of this section or a request for a variance.
Appurtenant Structure. As used in EC 9.6705 to 9.6709, an appurtenant structure is the same
as an "accessory building" as defined above.
Area of shallow flooding. As used in EC 9.6705 to 9.6709, a designated Zone AO, AH, AR/AO
or AR/AH on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater
annual chance of flooding to an average depth of one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable, and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard. As used in EC 9.6705 to 9.6709, the land in the floodplain within
a community subject to a 1 percent or greater chance of flooding in any given year. It is shown
on the Flood Insurance Rate Map (FIRM) as Zone A, AO, AH, A11-30, AE, A99, AR. "Special
flood hazard area" is synonymous in meaning and definition with the phrase "area of special
flood hazard."
Base flood elevation (BFE). As used in EC 9.6705 to 9.6709, the elevation to which floodwater
is anticipated to rise during the base flood.
Basement: As used in EC 9.6705 to 9.6709, any area of the building having its floor subgrade
(below ground level) on all sides.
Flood elevation study. As used in EC 9.6705 to 9.6709, see "Flood Insurance Study."
Flood proofing. As used in EC 9.6705 to 9.6709, any combination of structural and
nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of
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flood damage to real estate or improved real property, water and sanitary facilities, structures,
and their contents.
Functionally dependent use. As used in EC 9.6705 to 9.6709, a use which cannot perform its
intended purpose unless it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include long term
storage or related manufacturing facilities.
Highest adjacent grade. As used in EC 9.6705 to 9.6709, the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a structure.
Historic structure. As used in EC 9.6705 to 9.6709, any structure that is:
(A) Listed individually in the National Register of Historic Places (a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(B) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(C) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(D) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior;
or
(2) Directly by the Secretary of the Interior in states without approved programs.
Letter of Map Change (LOMC). As used in sections 9.6705 to 9.6709, an official FEMA
determination, by letter, to amend or revise effective Flood Insurance Rate Maps and Flood
Insurance Studies. The following are categories of LOMCs
(A) Conditional Letter of Map Amendment (CLOMA). A CLOMA is FEMA's comment on a
proposed structure or group of structures that would, upon construction, be located on
existing natural ground above the base (1-percent-annual-chance) flood elevation on a
portion of a legally defined parcel of land that is partially inundated by the base flood.
(B) Conditional Letter of Map Revision (CLOMR). A CLOMR is FEMA's comment on a
proposed project that would, upon construction, affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the modification of the existing
regulatory floodway, the effective base flood elevations, or the special flood hazard area.
(C) Conditional Letter of Map Revision based on Fill (CLOMR-F). A CLOMR-F is FEMA's
comment on a proposed project that would, upon construction, result in a modification of the
special flood hazard area through the placement of fill outside the existing regulatory
floodway.
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(D) Letter of Map Amendment (LOMA). An official amendment, by letter, to the Flood
Insurance Rate Maps (FIRMs) based on technical data showing that an existing structure,
parcel of land or portion of a parcel of land that is naturally high ground, (i.e., has not been
elevated by fill) above the base flood, that was inadvertently included in the special flood
hazard area.
(E) Letter of Map Revision (LOMR). A LOMR is FEMA's modification to an effective Flood
Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both.
LOMRs are generally based on the implementation of physical measures that affect the
hydrologic or hydraulic characteristics of a flooding source and thus result in the modification
of the existing regulatory floodway, the effective base flood elevations, or the SFHA. The
LOMR officially revises the FIRM or FBFM, and sometimes the Flood Insurance Study (FIS)
report, and, when appropriate, includes a description of the modifications. The LOMR is
generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or
FIS report.
(F) Letter of Map Revision based on Fill (LOMR-F). A LOMR-F is FEMA's modification of
the special flood hazard area shown on the Flood Insurance Rate Map (FIRM) based on the
placement of fill outside the existing regulatory floodway.
(G) A PMR is FEMA's physical revision and republication of an effective Flood Insurance
Rate Map (FIRM) or Flood Insurance Study (FIS) report. PMRs are generally based on
physical measures that affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway, the effective base
flood elevations, or the special flood hazard area.
Lowest floor. As used in EC 9.6705 to 9.6709, the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage in an area other than a basement area is not considered a
building's lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable non -elevation design requirements of this ordinance.
Mean sea level. As used in EC 9.6705 to 9.6709, the National Geodetic Vertical Datum (NGVD)
of 1929 or other datum, to which Base Flood Elevations shown on a community's Flood
Insurance Rate Map are referenced.
New construction. As used in EC 9.6705 to 9.6709, structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation
adopted into this code and includes any subsequent improvements to such structures.
Special flood hazard area. As used in EC 9.6705 to 9.6709, see "Area of special flood hazard"
for this definition.
Substantial damage. As used in EC 9.6705 to 9.6709, damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage occurred.
Violation. As used in EC 9.6705 to 9.6709, the failure of a structure or other development to be
fully compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in this ordinance is presumed to be in violation until such time as that
documentation is provided.
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Section 7. Section 9.0500 of the Eugene Code, 1971, is further amended to revise the
following definitions as shown:
Base Flood. As used in sections 9.6705 to 9.6709, the flood having a one percent chance of
being equaled or exceeded in any given year.
Development.
(A) The act, process or result of developing.
(B) As used in sections 9.6705 to 9.6709, any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
Flood or Flooding. As used in sections 9.6705 to 9.6709:
(A) A general and temporary condition of partial or complete inundation of normally dry
land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or runoff of surface waters from any
source; or
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as
defined in paragraph (A)(2) of this definition and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth is carried
by a current of water and deposited along the path of the current.
(B) The collapse or subsidence of land along the shore of a lake or other body of water
as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of
nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph (A) of this
definition.
Flood Insurance Rate Map (FIRM). As used in sections 9.6705 to 9.6709, the official map on
which the Federal Insurance Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the community. A FIRM that has been made available digitally
is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (FIS). As used in sections 9.6705 to 9.6709, an examination, evaluation
and determination of flood hazards and, if appropriate, corresponding water surface elevations,
or an examination and determination of mudslide (i.e., mudflow) and/or flood -related erosion
hazards.
Floodway. As used in sections 9.6705 to 9.6709, the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height. Also
referred to as "Regulatory Floodway."
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Manufactured Home/Manufactured Dwelling.
(A) A structure constructed for movement on the public highways that has sleeping,
cooking and plumbing facilities, that is intended for human occupancy, that is being used
for residential purposes and that was constructed in accordance with federal
manufactured housing construction and safety standards and regulations in effect at the
time of construction. A "manufactured dwelling" includes a residential trailer, a structure
constructed for movement on the public highways that has sleeping, cooking and
plumbing facilities, that is intended for human occupancy, that is being used for
residential purposes and was constructed before January 1, 1962, a mobile home
meeting the above requirements that was constructed between January 1, 1962 and
June 15, 1976 and met the construction requirements of Oregon mobile home law in
effect at the time of construction, and a manufactured home meeting the above
requirements. "Manufactured dwelling" does not mean any building or structure
constructed to conform to the State of Oregon Structural Specialty Code or the One and
Two Family Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and 455.610
to 455.630 or any unit identified as a recreational vehicle by the manufacturer. A
manufactured home accessory building or structure includes any portable, demountable
or permanent structure established for use of the occupant of the manufactured structure
and as further defined by rule of the Director of the State Department of Consumer and
Business Services.
(B) As used in sections 9.6705 to 9.6709: a structure, transportable in one or more
sections, which is built on a permanent chassis and designed for use with a permanent
foundation when attached to the required utilities. The term "manufactured dwelling"
does not include a "recreational vehicle" and is synonymous with "manufactured home."
Manufactured Home/Dwelling Park.
(A) Any place where 4 or more manufactured dwellings are located within 500 feet of
one another on a lot, tract or parcel of land under the same ownership, the primary
purpose of which is to rent or lease space or keep space for rent or lease to any person
for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer
space free in connection with securing the trade or patronage of such person.
"Manufactured dwelling park" does not include a lot or lots located within a subdivision
being rented or leased for occupancy by no more than 1 manufactured dwelling per lot if
the subdivision was approved by the city. "Manufactured dwelling park" also does not
include a development permitted as a fourplex or a cottage cluster.
(B) As used in sections 9.6705 to 9.6709, "Manufactured dwelling park or subdivision"
means a parcel (or contiguous parcels) of land divided into two or more manufactured
dwelling lots for rent or sale.
Recreational Vehicle.
(A) A vehicle with or without motive power that is designed for human occupancy and to
be used temporarily for recreational, seasonal or emergency purposes, and that has a
gross floor area not to exceed 400 square feet in set up mode.
(B) As used in sections 9.6705 to 9.6709, a vehicle which is:
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(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck;
and
(4) Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Start of Construction. As used in sections 9.6705 to 9.6709, includes substantial improvement
and means the date the development permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days from the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured dwelling on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
Structure.
(A) Anything constructed or built, an edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite manner.
(B) As used in sections 9.6705 to 9.6709, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well as a manufactured
dwelling.
Substantial Improvement. As used in sections 9.6705 to 9.6709, any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure before the "start of construction" of the
improvement. This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not, however, include either:
(A) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions, or
(B) Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure."
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Section 8. Sections 9.6705 of the Eugene Code, 1971, is deleted in its entirety and is
replaced as follows:
9.6705 Development in Floodplains — General.
(1) The special flood hazard areas identified by the Federal Insurance Administration in the
scientific and engineering report entitled "The Flood Insurance Study (FIS) for Lane County
and Incorporated Areas Volumes 1-4," dated June 5, 2020, with accompanying Flood
Insurance Rate Maps (FIRMs) Panels 0619 through 1650 are hereby adopted by reference
and declared to be a part of this code. The Flood Insurance Study (FIS) and FIRM panels
are on file at City of Eugene Public Works Engineering offices.
(2) Compliance. All development within special flood hazard areas is subject to the terms of
EC 9.6705-9.6709 and required to comply with its provisions and all other applicable
regulations.
Section 9. Sections 9.6706 of the Eugene Code, 1971, is deleted in its entirety and is
replaced as follows:
9.6706 Development in Floodplains — Development Permit.
(1) Permit Required. A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in section 9.6705. The
permit shall be for all structures including manufactured homes as defined in this land use code,
and for all other development including fill and other activities, as also defined in section 9.0500.
(2) Application. Application for a development permit within an area of special flood hazard
shall be made on forms furnished by the City and may include but not be limited to plans in
duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in
question; existing or proposed structures, fill, storage of materials, drainage facilities, and the
location of the foregoing. In addition to material referenced in EC 9.6707, the following
information is specifically required:
(a) In riverine flood zones, the proposed elevation (in relation to mean sea level), of the
lowest floor (including basement) and all attendant utilities of all new and substantially
improved structures.
(b) The proposed elevation in relation to mean sea level to which any non-residential
structure will be floodproofed.
(c) Certification by a registered professional engineer or architect licensed in the State
of Oregon that the floodproofing methods proposed for any non-residential structure
meet the floodproofing criteria for non-residential structures in EC 9.6707(2)(c)3.
(d) A description of the extent to which any watercourse will be altered or relocated.
(e) Base Flood Elevation data for land division applications or other development when
required per EC 9.6707(1)(f).
(f) The substantial improvement calculation for any improvement, addition,
reconstruction, renovation, or rehabilitation of an existing structure.
(g) The amount and location of any fill or excavation activities proposed.
(h) A Conditional Letter of Map Revision (CLOMR) for any:
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1. Proposed floodway encroachments that increase the base flood elevation; or
2. Proposed development which increases the base flood elevation by more
than one (1) foot in areas where FEMA has provided base flood elevations but no
floodway.
Section 10. Sections 9.6707 of the Eugene Code, 1971, is deleted in its entirety and is
replaced as follows:
9.6707 Development in Floodplains — Provisions for Flood Hazard Reduction
(1) General Standards. In all special flood hazard areas, the following standards shall be
adhered to:
(a) Alteration of Watercourses.
1. The flood carrying capacity within the altered or relocated portion of said
watercourse shall be maintained.
2. Maintenance shall be provided within the altered or relocated portion of said
watercourse to ensure that the flood carrying capacity is not diminished.
3. Prior to any alteration or relocation of a watercourse:
a. The City Manager or their designee shall notify adjacent communities,
the Department of Land Conservation and Development, and other
appropriate state and federal agencies and submit evidence of such
notification to the Federal Insurance Administration.
b. The applicant shall notify the Federal Insurance Administration by
transmitting a Letter of Map Revision (LOMR) along with either:
(1) A proposed maintenance plan to assure the flood carrying
capacity within the altered or relocated portion of the watercourse
is maintained; or
(2) Certification by a registered professional engineer that the
project has been designed to retain its flood carrying capacity
without periodic maintenance.
4. When required under EC 9.6706(2)(h), the applicant shall submit a
Conditional Letter of Map Revision (CLOMR).
(b) Anchoring.
1. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured dwellings shall be anchored per section EC 9.6707(2)(c)4.
(c) Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
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2. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(d) Utilities and Equipment.
1. Water Supply, Sanitary Sewer, and On -Site Waste Disposal Systems
a. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
b. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharge from the systems into flood waters.
c. On -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding consistent with the
Oregon Department of Environmental Quality.
2. Electrical, Mechanical, Plumbing and Other Equipment.
a. Except as provided in b., below, electrical, heating, ventilation, air-
conditioning, plumbing, duct systems, and other equipment and service
facilities shall be elevated a minimum of one (1) foot above the Base
Flood Elevation.
b. The requirement set out in a., above, does not apply to service
equipment (including but not limited to electrical systems, equipment and
components; heating, ventilation, air conditioning; plumbing appliances
and plumbing fixtures; and duct systems) that is:
(1) Specially designed and installed to prevent water from
entering or accumulating within the components and to resist
hydrostatic and hydrodynamic loads and stresses, including the
effects of buoyancy, during the occurrence of flooding to one (1)
foot above the Base Flood Elevation; and
(2) Not electrical, heating, ventilation, air-conditioning, plumbing,
duct systems, and other equipment and service facilities being
installed as part of a substantial improvement.
(e) Tanks.
1. Underground tanks shall be anchored to prevent flotation, collapse and lateral
movement under conditions of the base flood.
2. Above -ground tanks shall be installed at or above the base flood level or shall
be anchored to prevent flotation, collapse, and lateral movement under
conditions of the base flood.
(f) Land division Proposals.
1. All new land division proposals and other proposed new developments
(including proposals for manufactured dwelling parks and land divisions) that are
5 acres or more in size or are 50 lots or more, whichever is the lesser, shall
include within such proposals, Base Flood Elevation data.
Ordinance -- Page 12 of 21
2. All new land division proposals and other proposed new developments
(including proposals for manufactured dwelling parks and land divisions) shall:
a. Be consistent with the need to minimize flood damage.
b. Have public utilities and facilities such as sewer, gas, electrical, and
water systems located and constructed to minimize or eliminate flood
damage.
c. Have adequate drainage provided to reduce exposure to flood
hazards.
(g) Use of Other Base Flood Elevation Data.
1. When Base Flood Elevation data has not been provided in accordance with
section EC 9.6705, the City Manager or designee shall obtain, review, and
reasonably utilize any Base Flood Elevation data available from a federal, state,
or other source, in order to administer EC 9.6707. All new land division proposals
and other proposed new developments (including proposals for manufactured
dwelling parks and land divisions) must meet the requirements of EC
9.6707(1)(f).
2. Base Flood Elevations shall be determined for development proposals that
are 5 acres or more in size or are 50 lots or more, whichever is lesser in any A
zone that does not have an established base flood elevation. Development
proposals located within a riverine unnumbered A Zone shall be reasonably safe
from flooding; the test of reasonableness includes use of historical data, high
water marks, FEMA provided Base Level Engineering data, and photographs of
past flooding, etc. When no base flood elevation data is available, the
reasonably safe elevation requirement for development proposals with an
elevation requirement, within a riverine unnumbered a zone, is at least two (2)
feet above the highest adjacent grade. Failure to elevate at least two (2) feet
above grade in these zones may result in higher insurance rates.
(h) Structures Located in Multiple or Partial Flood Zones. In coordination with the State
of Oregon Specialty Codes:
1. When a structure is located in multiple flood zones on the community's Flood
Insurance Rate Maps (FIRM) the provisions for the more restrictive flood zone
shall apply.
2. When a structure is partially located in a special flood hazard area, the entire
structure shall meet the requirements for new construction and substantial
improvements.
(2) Specific Standards. These specific standards shall apply to all new construction and
substantial improvements in addition to the General Standards contained in EC 9.6707(1).
(a) Flood Openings. All new construction and substantial improvements with fully
enclosed areas below the lowest floor (excluding basements) are subject to the following
requirements. Enclosed areas below the Base Flood Elevation, including crawl spaces
shall:
1. Be designed to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters;
Ordinance -- Page 13 of 21
2. Be used solely for parking, storage, or building access;
3. Be certified by a registered professional engineer or architect or meet or
exceed all of the following minimum criteria:
a. There shall be a minimum of two openings;
b. The total net area of non -engineered openings shall be not less than
one (1) square inch for each square foot of enclosed area, where the
enclosed area is measured on the exterior of the enclosure walls;
c. The bottom of all openings shall be no higher than one (1) foot above
grade;
d. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they shall allow the automatic flow of
floodwater into and out of the enclosed areas and shall be accounted for
in the determination of the net open area; and
e. All additional higher standards for flood openings in the State of
Oregon Residential Specialty Code shall be complied with when
applicable.
(b) Garages.
1. Attached garages may be constructed with the garage floor slab below the
Base Flood Elevation (BFE) in riverine flood zones, if the following requirements
are met:
a. If located within a floodway the proposed garage shall comply with the
requirements of EC 9.6707(2)(d);
b. The floors shall be at or above grade on not less than one side;
c. The garage shall be used solely for parking, building access, and/or
storage;
d. The garage shall be constructed with flood openings in compliance
with EC 9.6707(2)(a) to equalize hydrostatic flood forces on exterior walls
by allowing for the automatic entry and exit of floodwater;
e. The portions of the garage constructed below the BFE shall be
constructed with materials resistant to flood damage;
f. The garage shall be constructed in compliance with the standards in
EC 9.6707(1); and
g. The garage shall be constructed with electrical and other service
facilities located and installed so as to prevent water from entering or
accumulating within the components during conditions of the base flood.
2. Detached garages must be constructed in compliance with the standards for
appurtenant structures in EC 9.6707(2)(c)6 or non-residential structures in EC
9.6707(2)(c)3, depending on the square footage of the garage.
Ordinance -- Page 14 of 21
(c) Riverine Special Flood Hazard Areas with Base Flood Elevations. In addition to the
general standards listed in EC 9.6707(1), the following specific standards shall apply in
Riverine special flood hazard areas with Base Flood Elevations (BFE):
1. Before Regulatory Floodway. In areas where a regulatory floodway has not
been designated, no new construction, substantial improvement, or other
development (including fill) shall be permitted within Zones Al-30 and AE on the
community's Flood Insurance Rate Map (FIRM), unless it is demonstrated
through hydrologic and hydraulic analyses, performed in accordance with
standard engineering practice, that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more
than one (1) foot at any point within the community.
2. Residential Construction.
a. New construction, conversion to, and substantial improvement of any
residential structure shall have the lowest floor, including basement,
elevated to a minimum of one (1) foot above the Base Flood Elevation
(BFE). When no base flood elevation data is available, the reasonably
safe elevation requirement for development proposals with an elevation
requirement, within a riverine unnumbered a zone, is at least two (2) feet
above the highest adjacent grade.
b. Enclosed areas below the lowest floor shall comply with the flood
opening requirements in EC 9.6707(2)(a).
3. Non -Residential Construction.
a. New construction, conversion to, and substantial improvement of any
commercial, industrial, or other non-residential structure shall:
(1) Have the lowest floor, including basement elevated at or
above the Base Flood Elevation (BFE) or, when no base flood
elevation data is available, the reasonably safe elevation
requirement for development proposals with an elevation
requirement, within a riverine unnumbered A zone, is at least two
(2) feet above the highest adjacent grade; or
(2) Together with attendant utility and sanitary facilities:
(A) Be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable
to the passage of water; and
(B) Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(C) Be certified by a registered professional engineer or
architect that the design and methods of construction are
in accordance with accepted standards of practice for
meeting provisions of this section based on their
development and/or review of the structural design,
Ordinance -- Page 15 of 21
specifications and plans. Such certifications shall be
provided to the City.
b. Non-residential structures that are elevated, not floodproofed, shall
comply with the standards for enclosed areas below the lowest floor in EC
9.6707(2)(a).
c. Applicants floodproofing non-residential buildings shall be notified that
flood insurance premiums will be based on rates that are one (1) foot
below the floodproofed level (e.g. a building floodproofed to the base
flood level will be rated as one (1) foot below.)
4. Manufactured Dwellings.
a. Manufactured dwellings to be placed (new or replacement) or
substantially improved that are supported on solid foundation walls shall
be constructed with flood openings that comply with EC 9.6707(2)(a);
b. The bottom of the longitudinal chassis frame beam shall be at
minimum one (1) foot above Base Flood Elevation;
c. Manufactured dwellings to be placed (new or replacement) or
substantially improved shall be anchored to prevent flotation, collapse,
and lateral movement during the base flood. Anchoring methods may
include, but are not limited to, use of over -the -top or frame ties to ground
anchors and;
d. Electrical crossover connections shall be a minimum of twelve (12)
inches above Base Flood Elevation (BFE).
5. Recreational Vehicles. Recreational vehicles placed on sites are required to:
a. Be on the site for fewer than 180 consecutive days and be fully
licensed and ready for highway use, on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions; or
b. Meet the requirements of EC 9.6707(2)(c)4, including the anchoring
and elevation requirements for manufactured dwellings.
6. Appurtenant Structures. Relief from elevation or floodproofing requirements
for residential and non-residential structures in riverine flood zones may be
granted for as that meet the following requirements:
a. Appurtenant structures located partially or entirely within the floodway
shall comply with requirements for development within a floodway found
in EC 9.6707(2)(d);
b. Appurtenant structures shall only be used for parking, access, and/or
storage and shall not be used for human habitation;
c. Appurtenant structures on properties within the special flood hazard
area shall be limited to one-story structures less than 600 square feet in
size;
Ordinance -- Page 16 of 21
d. The portions of the appurtenant structure located below the Base
Flood Elevation shall be built using flood resistant materials;
e. The appurtenant structure shall be adequately anchored to prevent
flotation, collapse, and lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy,
during conditions of the base flood;
f. The appurtenant structure shall be designed and constructed to
equalize hydrostatic flood forces on exterior walls and comply with the
requirements for flood openings in EC 9.6707(2)(a);
g. Appurtenant structures shall be located and constructed to have low
damage potential;
h. Appurtenant structures shall not be used to store toxic material, oil, or
gasoline, or any priority persistent pollutant identified by the Oregon
Department of Environmental Quality unless confined in a tank installed in
compliance with EC 9.6707(1)(e); and
i. Appurtenant structures shall be constructed with electrical, mechanical,
and other service facilities located and installed so as to prevent water
from entering or accumulating within the components during conditions of
the base flood.
(d) F000dways. Located within the special flood hazard areas established in EC 9.6705
are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of the floodwaters which carry debris, potential projectiles, and
erosion potential, the following provisions apply:
1. Encroachments, including fill, new construction, substantial improvements,
and other development are prohibited within the adopted regulatory floodway
unless:
a. Certification by a registered professional civil engineer is provided
demonstrating through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed
encroachment shall not result in any increase in flood levels within the
community during the occurrence of the base flood discharge; or
b. A Conditional Letter of Map Revision (CLOMR) is applied for and
approved by the Federal Insurance Administrator, and the requirements
for such revision as established under Volume 44 of the Code of Federal
Regulations, section 65.12 are fulfilled.
2. If the requirements of EC 9.6707(2)(d)1 are satisfied, all new construction,
substantial improvements, and other development shall comply with all other
applicable flood hazard reduction provisions of EC 9.6707.
(e) Standards for Shallow Flooding Areas. Shallow flooding areas appear on FIRMs as
AO zones with depth designations or as AH zones with Base Flood Elevations. For AO
zones, the base flood depths range from one (1) to three (3) feet above ground where a
clearly defined channel does not exist, or where the path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is usually characterized as sheet flow.
Ordinance -- Page 17 of 21
For both AO and AH zones, adequate drainage paths are required around structures on
slopes to guide floodwaters around and away from proposed structures.
1. Standards for AH Zones. Development within AH Zones must comply with the
standards in EC 9.6707(1), 9.6707(2) and 9.6707(2)(e).
2. Standards for AO Zones. In AO zones, the following provisions apply in
addition to the standards in sections EC 9.6707(1) and 9.6707(2)(e).
a. New construction, conversion to, and substantial improvement of
residential structures and manufactured dwellings within AO zones shall
have the lowest floor, including basement, elevated above the highest
grade adjacent to the building, to or above the depth number specified on
the Flood Insurance Rate Maps (FIRM) (at least two (2) feet if no depth
number is specified). For manufactured dwellings the lowest floor is
considered to be the bottom of the longitudinal chassis frame beam;
b. New construction, conversion to, and substantial improvements of
non-residential structures within AO zones shall either:
(1) Have the lowest floor (including basement) elevated above the
highest adjacent grade of the building site, to or above the depth
number specified on the Flood Insurance Rate Maps (FIRMS) (at
least two (2) feet if no depth number is specified); or
(2) Together with attendant utility and sanitary facilities, be
completely floodproofed to or above the depth number specified
on the FIRM or a minimum of two (2) feet above the highest
adjacent grade if no depth number is specified, so that any space
below that level is watertight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy. If this method is used, compliance shall be
certified by a registered professional engineer or architect as
stated in EC 9.6707(2)(c)3.a.
c. Recreational vehicles placed on sites within AO Zones on the
community's Flood Insurance Rate Maps (FIRM) shall either:
(1) Be on the site for fewer than 180 consecutive days, and
(2) Be either:
(A) Fully licensed and ready for highway use, on its wheels
or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no
permanently attached additions; or
(B) Meet the elevation requirements of EC 9.6707(2)(e)2.a,
and the anchoring and other requirements for
manufactured dwellings of EC 9.6707(2)(c)4.
d. In AO zones, new and substantially improved appurtenant structures
must comply with the standards in EC 9.6707(2)(c)6.
Ordinance -- Page 18 of 21
e. In AO zones, enclosed areas beneath elevated structures shall comply
with the requirements in EC 9.6707(2)(a).
Section 11. Sections 9.6708 of the Eugene Code, 1971, is deleted in its entirety and is
replaced as follows:
9.6708 Development in Floodplains — Miscellaneous
(1) Substantial Improvement Assessments and Determinations. The City Manager or their
designee shall conduct Substantial Improvement (SI) reviews for all structural development
proposal applications and maintain a record of SI calculations within permit files.
(2) Substantial Damage Assessments and Determinations. The City Manager or their designee
shall:
(a) Conduct Substantial Damage (SD) assessments when structures are damaged due
to a natural hazard event or other causes;
(b) Make SD determinations whenever a structure within the special flood hazard area
is damaged to the extent that the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the structure before
the damage occurred.
(3) The applicant shall be responsible for preparing all technical data to support CLOMR/LOMR
applications and paying any processing or application fees associated with the CLOMR/LOMR.
The City is under no obligation to sign the Community Acknowledgement Form, which is part of
the CLOMR/LOMR application, until the applicant demonstrates that the project will meet, or
has met, the requirements of this code and all applicable state and federal permits.
(4) Notice of Completion for CLOMR. An applicant shall notify FEMA within six (6) months of
project completion when an applicant has obtained a Conditional Letter of Map Revision
(CLOMR) from FEMA. This notification to FEMA shall be provided as a Letter of Map Revision
(LOMR).
(5) Penalties for Noncompliance. No structure or land shall be constructed, located, extended,
converted, or altered without full compliance with the terms of EC 9.6705-9.6709 and other
applicable regulations. Violations of EC 9.6705-9.6709 by failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection with
conditions) are subject to the code enforcement provisions at EC 9.020-9.0280.
Section 12. Sections 9.6709 of the Eugene Code, 1971, is deleted in its entirety and is
replaced as follows:
9.6709 Development in Floodplains —Variance Procedure.
(1) Generally, variances may be issued for new construction and substantial improvements that
are to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots
with existing structures constructed below the base flood level, in conformance with the
provisions of EC 9.6709(3), (5) and (6). As the lot size increases beyond one-half acre, the
technical justification required for issuing a variance increases.
(2) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
Ordinance -- Page 19 of 21
(3) Variances shall not be issued within any floodway if any increase in flood levels during the
base flood discharge would result.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship
to the applicant;
(c) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing laws or
ordinances.
(5) Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that the
criteria of EC 9.6709(2)-(4) are met, and the structure or other development is protected by
methods that minimize flood damages during the base flood and create no additional threats to
public safety.
(6) Variance Notification. Any applicant to whom a variance is granted shall be given written
notice that the issuance of a variance to construct a structure below the Base Flood Elevation
will result in increased premium rates for flood insurance and that such construction below the
base flood elevation increases risks to life and property.
Section 13. The findings set forth in Exhibit A attached to this Ordinance are adopted
as findings in support of this Ordinance.
Section 14. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in
other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
Section 15. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions hereof.
Section 16. In the interpretation and application of the code provisions added or
amended by this ordinance, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
Section 17. The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased by person -
made or natural causes. This ordinance does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from flooding or flood damages.
Ordinance -- Page 20 of 21
Section 18. This ordinance shall not create liability on the part of the City of Eugene,
any officer or employee thereof, or the Federal Insurance Administrator for any flood damages
that result from reliance on this ordinance or any administrative decision lawfully made
hereunder.
Section 19. This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
Section 20. This Ordinance shall take effect pursuant to Section 32 of the Eugene
Charter 2002, or on the date of its acknowledgement as provided in ORS 197.625, whichever is
later.
Passed by the City Council this Approved by the Mayor this
8tn day of March, 2023
Ordinance -- Page 21 of 21
day of March, 2023
Mayor
Ordinance Exhibit A
Findings
Floodplain Development Code Amendments for the
City of Eugene and Eugene Transition Area
Overview
A local government's participation in the National Flood Insurance Program (NFIP) allows residents
within the one -percent annual chance floodplain or Special Flood Hazard Area (SFHA) to purchase
flood insurance, allows communities to obtain federal grants and federal disaster assistance, and
allows federally insured lending institutions to offer loans for property located in the floodplain.
As part of NFIP participation, the Oregon Department of Land Conservation and Development
(DLCD) in partnership with the Federal Emergency Management Agency (FEMA) determined that
the current regulations applicable within the Eugene urban growth boundary do not meet
minimum NFIP standards and will need to be updated. The proposed code language was provided
through the State of Oregon's Model Floodplain Code. Standards in the Oregon Model Floodplain
Code are found in the Code of Federal Regulations (CFR Title 44). The purpose of the NFIP
standards and floodplain development code section is to promote public health, safety, and
welfare and to reduce property damage due to flooding.
The following findings address the code amendment criteria of the Eugene Code and the Lane
County Code for the Eugene urban transition area at Section 9.8065.
Consistency with applicable statewide planning goals as adopted by the Land Conservation and
Development Commission
Goal 1 - Citizen Involvement. To develop a citizen involvement program that ensures the
opportunity for citizens to be involved in all phases of the planning process.
The City and County have acknowledged procedures for adoption of legislative land use decisions,
located in 9.7050 and 9.7500 through 9.7560, that ensure the opportunity for community
members to be involved in all phases of the legislative land use decision process and set out the
requirements for such involvement. The Floodplain development code amendments do not
amend or change the City's adopted citizen involvement program. The process for adoption of the
Floodplain development code amendments complies with Goal 1 because it is consistent with the
City's acknowledged procedures for legislative land use decisions.
The City and County provided substantial notice of the proposed regulations and public hearings,
including mailed notice to all property owners in or near the Special Flood Hazard Area (SFHA),
published and posted notice. The City also maintained a project webpage, including a Frequently
Asked Questions (FAQ) document. Public hearings were held before the City and Lane County
Planning Commissions and before the Eugene City Council and Lane County Board of
Commissioners. Written public comment was accepted until the final decision on the Floodplain
development code amendments.
Page 1 of 8
Ordinance Exhibit A
These processes afforded ample opportunity for citizen involvement consistent with Goal 1.
Therefore, the ordinance is consistent with Statewide Planning Goal 1.
Goal 2 - Land Use Planning. To establish a land use planning process and policy framework
as a basis for all decisions and actions related to use of land and to assure an adequate
factual basis for such decisions and actions.
The land use code specifies the formal adoption procedure and approval criteria that were used
in considering these amendments. The record shows that there is an adequate factual basis for
the amendments to the land use code. The Goal 2 coordination requirement is met when the City
and County engage in an exchange, or invite such an exchange, with any affected governmental
unit and when the information obtained in the exchange is used to balance the needs of citizens.
This project involves the City of Eugene, Lane County, the Oregon Department of Land
Conservation and development and Federal Emergency Management Agency.
There are no proposed exceptions to Statewide Planning Goal 2 required for these amendments.
Therefore, the amendments are consistent with Statewide Planning Goal 2.
Goal 3 - Agricultural Lands. To preserve and maintain agricultural lands.
The regulations at issue will only affect properties located within the Eugene Urban Growth
Boundary and therefore do not affect any lands designated by the comprehensive plan for
agricultural use. To the extent that there are properties within the City currently zoned for
agricultural use the proposed amendments do not force a discontinuance of agricultural practices.
Therefore, the amendments are consistent with Statewide Planning Goal 3.
Goal 4 - Forest Lands. To conserve forest lands.
The regulations at issue will only affect properties located within the City of Eugene and Urban
Growth Boundary and therefore do not affect any lands designated by the comprehensive plan
for forest use. Therefore, the amendments are consistent with Statewide Planning Goal 4.
Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces. To conserve open
space and protect natural and scenic resources.
OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in
consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a
PAPA would affect a Goal 5 resource only if.•
(a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land
use regulation adopted in order to protect a significant Goal 5 resource or to address
specific requirements of Goal 5;
(b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal
5 resource site on an acknowledged resource list; or
(c) The PAPA amends an acknowledged UGB and factual information is submitted
demonstrating that a resource site, or the impact areas of such a site, is included in the
amended UGB area.
Page 2 of 8
Ordinance Exhibit A
These Floodplain development code amendments do not create or amend the City's list of Goal 5
resources, do not amend a code provision adopted in order to protect a significant Goal 5 resource
or to address specific requirements of Goal 5, do not allow new uses that could be conflicting uses
with a significant Goal 5 resource site and do not amend the acknowledged urban growth
boundary. Therefore, the proposed amendments are consistent with Statewide Planning Goal 5.
Goal 6 - Air, Water and Land Resource Quality. To maintain and improve the quality of the
air, water and land resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. The Floodplain development code
amendments do not affect the City's ability to provide for clean air, water or land resources.
Therefore, the amendments are consistent with Statewide Planning Goal 6.
Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from
natural disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people and
property from natural hazards such as floods, landslides, earthquakes and related hazards,
tsunamis, and wildfires. Goal 7 states that "[I]ocal governments will be deemed to comply with
Goal 7 for coastal and riverine flood hazards by adopting and implementing local floodplain
regulations that meet the minimum National Flood Insurance Program (NFIP) requirements." That
is precisely what the subject regulations do.
There are over 3,000 properties located within the SFHA in the City of Eugene Urban Growth
Boundary. Participation in the NFIP allows residents within the one -percent annual chance
floodplain or SFHA to purchase flood insurance, allows communities to obtain federal grants and
federal disaster assistance, and allows federally insured lending institutions to offer loans for
property located in the floodplain. As part of NFIP participation, the Oregon DLCD in partnership
with FEMA determined that the existing floodplain development code does not currently meet
minimum NFIP standards and will need to be amended. The proposed code language was provided
through the State of Oregon's Model Floodplain Code. Standards in the Oregon Model Floodplain
Code are found in the Code of Federal Regulations (CFR Title 44). The purpose of the NFIP
standards and floodplain development code provisions are to promote public health, safety, and
welfare and to reduce property damage due to flooding, Therefore, the Floodplain development
code amendments are consistent with Statewide Planning Goal 7.
Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state
and visitors and, where appropriate, to provide for the siting of necessary recreational
facilities including destination resorts.
Goal 8 ensures that recreational facilities are provided to Oregon citizens and is primarily
concerned with the provision of recreational facilities in non -urban areas of the state. The
Floodplain development code amendments do not affect the provisions for or citizen's access to
recreation areas, facilities, or recreational opportunities. Therefore, the amendments are
consistent with Statewide Planning Goal 8.
Page 3 of 8
Ordinance Exhibit A
Goal 9 - Economic Development, To provide adequate opportunities throughout the state
for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's
citizens.
The Floodplain development code amendments do not impact the acknowledged inventory of
industrial or commercial lands. The amendments do not include any changes to the adopted Flood
Insurance Rate Maps; only changes to the regulations. The revised floodplain regulations are the
minimum required by FEMA, except for those that, prior to the amendments, exceeded
minimums. In those cases, the regulations do not impose higher standards that were already in
place. The regulations retain the one -foot freeboard, defined as the additional amount above the
Base Flood Elevation (BFW), is used as a factor of safety. The proposed floodplain development
code amendments apply one -foot of freeboard to all residential buildings, new, and substantially
improved/damaged structures, including manufactured dwellings and mechanical, electrical, and
plumbing equipment. These floodplain design requirements do not have a material effect on the
size or type of development or structure allowed. The purpose of the NFIP standards and
floodplain development code provisions are to promote public health, safety, and welfare and to
reduce property damage due to flooding. Therefore, the amendments are consistent with
Statewide Planning Goal 9.
Goal 10 - Housing. To provide for the housing needs of citizens of the state.
The Floodplain development code amendments do not impact the acknowledged inventory of
residential buildable land. No land is being re -designated from a residential use to a non-
residential use, and the amendments do not otherwise diminish the amount of land available for
residential use.
Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The Floodplain development code amendments do not make changes to the provision of public
facilities and services or to the currently adopted Eugene/Springfield Public Facilities and Services
Plan (PFSP). Consistent with the PFSP, the City will continue to plan and develop public facilities
to support the land uses designated in the City's acknowledged comprehensive plan, including
public facility projects that support the development of middle housing. Therefore, the
amendments are consistent with Statewide Planning Goal 11.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic
transportation system.
The Transportation Planning Rule (OAR 660-012-0060) contains the following requirement:
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided
in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of
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Ordinance Exhibit A
this rule. A plan or land use regulation amendment significantly affects a transportation
facility if it would:
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection
based on projected conditions measured at the end of the planning period identified
in the adopted TSP. As part of evaluating projected conditions, the amount of traffic
projected to be generated within the area of the amendment may be reduced if the
amendment includes an enforceable, ongoing requirement that would
demonstrably limit traffic generation, including, but not limited to, transportation
demand management, This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(8) Degrade the performance of an existing or planned transportation facility
such that it would not meet the performance standards identified in the TSP
or comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility
that is otherwise projected to not meet the performance standards identified
in the TSP or comprehensive plan.
The floodplain code provisions do not change the City's standards for implementing its functional
classification system. In addition, the amendments do not significantly affect a transportation
system. The amendments do not change the underlying zoning or change the uses that are allowed
outright or conditionally allowed. Accordingly, the amendments do not change traffic -generative
uses reasonable allowed on impacted properties and therefore, do not result in any of the effects
listed in (A)-(C) above. Therefore, the City is not required to consider whether the amendments
significantly affect an existing or planned transportation facility. Based on the above findings, the
amendments are consistent with Statewide Planning Goal 12.
Goal 13 - Energy Conservation. To conserve energy.
Goal 13 provides guidance on the management of land and land uses to maximize the conservation
of energy. Goal 13 provides implementation direction focused on lot sizes, building heights,
density of housing, compatibility, and availability of light, wind, and air. The floodplain
development code amendments do not affect the provisions for or citizen's opportunity for energy
conservation in the development of their property. Therefore, the amendments are consistent
with Statewide Planning Goal 13.
Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban
land use, to accommodate urban population and urban employment inside urban growth
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Ordinance Exhibit A
boundaries, to ensure efficient use of land, and to provide for livable communities.
The Floodplain development code amendments do not affect the provisions regarding the
transition of land from rural to urban uses. Therefore, the amendments are consistent with
Statewide Planning Goal 14.
Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the
Willamette River as the Willamette River Greenway.
The Floodplain development code amendments do not contain any changes to the City's
Willamette River Greenway regulations, therefore, Statewide Planning Goal 15 does not apply.
Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
Resources.
There are no coastal, ocean, estuarine, or beach and dune resources related to the lands affected
by these Floodplain development code amendments. Therefore, these goals are not relevant, and
the amendments will not affect compliance with Statewide Planning Goals 16 through 19.
Consistency with applicable provisions of the comprehensive plan and applicable adopted
refinement plans
- Eugene Springfield Metropolitan Area General Plan (Metro Plan)
To the extent that the following policies constitute mandatory approval criteria, based on the
findings provided below, the amendments are consistent with and supported by the applicable
provisions of the Metro Plan.
Environmental Resources Element- Natural Hazards (Goal 7) Policies
C.30 Except as otherwise allowed according to Federal Emergency Management Agency
(FEMA) regulations, development shall be prohibited in floodways if it could result in an
increased flood level. The floodway is the channel of a river or other water course and the
adjacent land area that must be reserved to discharge a one -percent -chance flood in any
given year.
The floodway regulations already prohibit encroachments in the floodway unless a certification is
submitted by a registered professional engineer demonstrating thorough hydrologic and hydraulic
analysis that the proposed development does not cause any increase in flood levels during the
base flood discharge. The proposed floodplain development code language has been revised
slightly from existing code to meet minimum NFIP standards. Therefore, the Floodplain
development code amendments are consistent with policy C.30 of the Metro Plan.
C.31 When development is allowed to occur in the floodway or floodway fringe, local
regulations shall control such development in order to minimize the potential danger to life
and property. Within the UGB, development should result in in filling of partially developed
land. Outside the UGB, areas affected by the floodway and floodway fringe shall be
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Ordinance Exhibit A
protected for their agricultural and sand and gravel resource values, their open space and
recreational potential, and their value to water resources.
The velocity of floodwaters make development in the floodway an extremely hazardous area as
the floodwaters may also carry debris. The existing and proposed floodway provisions contain the
minimum NFIP standards to reduce danger to life and property. For this reason, the land use code
amendments are consistent with policy C31.
Public Facilities and Services Element — Services to Development within the Urban Growth
Boundarv: Stormwater Policies
G.19 The cities and Lane County shall adopt a strategy for the unincorporated area of the
UGB to: reduce the negative effects of filling in floodplains and prevent the filling of natural
drainage channels except as necessary to ensure public operations and maintenance of
these channels in a manner that preserves and/or enhances floodwater conveyance
capacity and biological function.
The proposed code language requires the Floodplain Administrator or their designee to review all
development permit applications to determine whether the proposed development activity is a
water course alteration and/or includes the placement of fill. Any approved alteration of
watercourse must demonstrate that flood carrying capacity within the altered or relocated portion
of said watercourse shall be maintained and maintenance shall be provided within the altered or
relocated portion of said watercourse to ensure that the flood carrying capacity is not diminished.
The code language requires that in areas where a regulatory floodway has not been designated,
no new construction, substantial improvement, or other development (including fill) shall be
permitted within SFHA Zone AE on the community's Flood Insurance Rate Map (FIRM), unless it is
demonstrated through hydrologic and hydraulic analyses, performed in accordance with standard
engineering practice, that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase the water surface elevation
of the base flood more than one (1) foot at any point within the community.
Therefore, the floodplain development code amendments are consistent with policy G.19.
G.20 Maintain flood storage capacity within the floodplain, to the maximum extent
practical, through measures that may include reducing impervious surface in the floodplain
and adjacent areas.
Encroachments, including fill, new construction, substantial improvements, and other
development are prohibited within the adopted regulatory floodway unless; Certification by a
registered professional civil engineer is provided demonstrating through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice that the proposed
encroachment shall not result in any increase in flood levels within the community during the
occurrence of the base flood discharge; or A Conditional Letter of Map Revision (CLOMR) is applied
for and approved by the Federal Insurance Administrator, and the requirements for such revision
as established under Volume 44 of the Code of Federal Regulations, section 65.12 are fulfilled.
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Ordinance Exhibit A
Therefore, the proposed floodplain development code amendments are consistent with policy
G.20.
- Envision Eugene Comprehensive Plan
The Envision Eugene Comprehensive Plan does not contain any specifically relevant or applicable
policies for these amendments.
- Refinement Plans
There are no refinement plans that contain specifically relevant or applicable policies for these
amendments.
Note: In the case of code revisions to establish a special area zone, findings would also address
criteria set out in section 9.3020. the subject regulations do not establish a special area zone.
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