Overview of Compliance Options
	

“Insanity: doing the same thing over and over again and expecting different results”
			Albert Einstein

Reasonable and Prudent Alternative
	Summary of Elements
? Notify Puget Sound communities of determination
? Change mapping procedures to reduce impacts
? Require communities to consider impacts on fish habitat when issuing floodplain development permits
? Changes to CRS program
? Addressing levee vegetation maintenance effects
? Mitigation to adversely affected habitat
? Report to NMFS on progress towards meeting requirements



? 44 CFR 60.3 (a) (2)  A community shall: 
* Assure all necessary permits have been received from State and Federal agencies from which approval is required by Fed/State law.
* Requires a showing of compliance, particularly with CWA 404 permits, but includes ESA Section 10 permits.


? Helmet to Helmet hits in the NFL
* In the rule book since 1982
* No change to the rule
* Step up enforcement of the rule
* Changing the culture of football

Compliance Options

* Programmatic approach
* Combines Floodplain requirements (Structural based) with Habitat requirements (species based)
* Written ESA inclusive, not salmon specific
* More than minimally necessary  (avoid adverse effect vs. eliminate Jeopardy/Adverse Mod.)
* Technical Assistance
* Not required, but highly encouraged




* FEMA reviews the submittal against the model ordinance
* FEMA will provide a comment letter to community
* When approved FEMA will send a letter to the community
* Technical Assistance meetings available
* Future changes need to be reviewed again



* Programmatic approach
* Utilizes existing local/state regulations adopted at the local level thus providing flexibility
* If item is missing use model ordinance to add language
* Meets the minimum requirements of the Biological Opinion (may be salmon centric)
* Not required, but highly encouraged


Community Checklist
? Building Blocks
* SMP
* GMA
* Critical Areas Ordinances
* Flood Damage Prevention Ordinances
* Salmon Recovery Plans
? We need to do more
* Enact the recovery plans
* Lower SEPA thresholds
* Higher regulatory standards







* FEMA reviews the submittal against the checklist
* FEMA will provide a comment letter to community
* When approved FEMA will send a letter to the community
* Technical assistance meetings available
* Changes need to be reviewed



Choosing Your Door
? Door #1 Model Ordinance 
* Provide a copy of the ordinance and proof of adoption
* Similar to Flood Damage Prevention ordinance process currently in place
? Door #2 Checklist
* Provide a copy of the checklist with cross references and copies of appropriate local ordinances or written procedures
* Detailed explanation on why community thinks that the cited regulation meets the performance standard
? Door #3 Permit by Permit
* Provide a letter stating that your intention is to not permit any projects in the SFHA unless project demonstrates compliance with ESA
* Explain how this is set in code, policy, or procedure
Enforcement
? Community Assistance Visits (CAV)/Community Assistance Contacts (CAC)
? Failure to Enforce
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*  
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	Habitat Assessment Workshops
? FEMA and NMFS will conduct 4 workshops this spring
* North Sound
Burlington- April 21
* Mid-Sound
Snohomish County 
* South Sound
Lacey/Tacoma
* Olympic Peninsula
Bremerton- April 22

Contact Information
John Graves, CFM
130 228th Street SW
Bothell, WA 98021
425-487-4737
john.graves1@dhs.gov
More Information