National Flood Insurance Program – Endangered Species Act Integration in Oregon

Pre-Implementation Compliance Measures

Proposed Implementation Plan

Environmental Impact Statement

Resource Documents

The Federal Emergency Management Agency (FEMA) is analyzing potential changes to how the National Flood Insurance Program (NFIP) is administered in Oregon to ensure compliance with the Endangered Species Act (ESA) and the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

The integration effort is moving forward in three ways:

• Pre-Implementation Compliance Measures (PICM).  Communities are required to implement these measures as of December 1, 2024
• Development of a long-term plan. FEMA is updating the plan in response to substantial public comment on the 2021 Draft Implementation Plan.
• Draft Environmental Impact Statement. FEMA is analyzing the anticipated effects of the long-term plan under the National Environmental Policy Act (NEPA).

Since July 2024, FEMA has been working with participating NFIP Tribes and communities in Oregon to identify how they currently meet, or plan to meet, the interim program requirements (referred to as the Pre-Implementation Compliance Measures or PICMs).

These PICMs are short-term measures that communities must adopt to comply with the Endangered Species Act (ESA).  FEMA has developed these measures to address the intent of the Reasonable and Prudent Alternative (RPA) Element 2 (Interim Measures) in the 2016 National Fisheries and Marine Services (NMFS) Biological Opinion (BiOp).

• Prohibit all new development in the floodplain;
• Incorporate the ESA performance standards into local floodplain ordinances through a model ordinance; or
• Require permit applications to develop a Floodplain Habitat Assessment showing that their proposed development in the Special Flood Hazard Area (SFHA) will achieve “No Net Loss.”

Communities selected, adopted, and implemented a PICM by Dec. 1, 2024, or have defaulted to the Permit-by-Permit approach. Communities adopting the model ordinance, must ensure the ordinance is adopted by their community by Aug. 29, 2025. Communities working to adopt the ordinance are still required to implement another PICM option between Dec. 1, 2024, and Aug. 29, 2025.

Communities will find guidance on implementing a PICM in the PICM Resource Documents section below. Contact the Region 10 PICM team for more information.

FEMA will carry out the Oregon Implementation Plan for NFIP-ESA Integration. The plan was developed by FEMA with input from the State of Oregon and public stakeholders between 2016 and 2021. FEMA published a draft in October 2021 and is releasing an updated draft that includes new information, definitions, and examples to facilitate implementation. The draft plan offers communities four paths for compliance to meet a “no net loss” standard of:

• Three natural floodplain functions: flood storage, water quality, and vegetation
• Higher performance standard within the 170-foot Riparian Buffer Zone (RBZ)

The Implementation Plan Area boundary is generally defined by the boundaries of six NOAA Salmon and Steelhead Recovery Domains within the State of Oregon:  Oregon Coast, Southern Oregon/Northern California Coast, Willamette River, Lower Columbia River, Middle Columbia River, and Snake River.

Within these recovery domains, the Implementation Plan applies to communities that are participating in the NFIP. However, since participation is voluntary and a community may join or leave the program, this EIS applies to both current and future NFIP communities. Information about the NFIP in Oregon is available through the Oregon Department of Land Conservation and Development.

For a proposed development activity to be subject to the Implementation Plan, it must be proposed in a location subject to the minimum standards of the NFIP. That means at the time the activity is proposed, it is 1) within the geographic jurisdiction of a community that participates in the NFIP, and 2) it is within the mapped special flood hazard area (SFHA).

Download the Directions for Determining Locations within the Plan Area

Federal agencies are required to evaluate the environmental, social, and economic effects of their proposed action prior to making a decision. FEMA is preparing a Draft EIS to evaluate the potential impacts on the natural and human environment of the proposed action to modify the implementation of the NFIP in the Oregon plan area and associated alternatives.

FEMA is preparing the EIS in accordance with the National Environmental Policy Act (NEPA) of 1969; Department of Homeland Security Instruction 023-01-001; and FEMA Instruction 108-01-1.

FEMA published a Notice of Intent (NOI) to prepare an EIS on March 6, 2023, which opened the public comment period. The comment period ran for 92 days and closed on June 26, 2023. A summary of comments received is provided in the draft EIS.

FEMA is preparing to publish an updated Draft EIS for public review and comment in late summer 2025. The Draft EIS will be noticed in the Federal Register and available at FEMA’s NEPA Repository and the U.S. EPA’s EIS database.

Communities, agencies, and the public are encouraged to review the Draft EIS and share input on the action alternatives and what the benefits and impacts might be on people, communities, endangered species and the environment. During the 45-day public comment period starting on Aug. 22, FEMA will offer public comment opportunities listed below. Please stay tuned for more details.

• Visit the virtual open house and learn more about the Draft EIS and the Draft Implementation Plan for NFIP-ESA Integration
• Submit a comment online, by email, or verbally at a public meeting

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FEMA will consider all input received during the Draft EIS public review and comment period. Following the public review and comment period on the Draft EIS, FEMA will develop a Final EIS, identify a preferred alternative, and publish a Record of Decision to conclude the NEPA process.