Chapter 15.10 FLOOD DAMAGE PREVENTION

Unless specifically defined in this article, words or phrases used in this chapter shall be interpreted according to the meaning they have in common usage.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. (59.2J)

“Base flood elevation (BFE)” means the water surface elevation during the base flood in relation to a specified datum. The base flood elevation is depicted on the FIRM to the nearest foot and in the FIS to the nearest 0.1 foot.

“Basement” means the portion of a structure with its floor sub grade (below ground level) on all sides. (59.2J)

“Below-grade crawlspace” means an enclosed area below the base flood elevation in which the interior grade is not more than two feet below the lowest adjacent exterior grade and the height, measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not exceed four feet at any point.

“Building codes” means the combined specialty codes adopted under ORS 446.062, 446.185, 447.020(2), 455.020(2), 455.496, 455.610, 455.680, 460.085, 460.360, 479.730(1) or 480.545, but does not include regulations adopted by the State Fire Marshal pursuant to ORS Chapter 476 or ORS 479.015 through 479.200 and 479.210 through 479.220.

“Development” means any manmade 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 located within the area of special flood hazard. (59.2)

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters; or

(b) The unusual and rapid accumulation or runoff of surface waters from any source. (59.2J)

“Flood insurance rate map (FIRM)” means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community. (59.2J)

“Flood insurance study (FIS)” means the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles, floodway boundaries and water surface elevations of the base flood. (59.2, modified J)

“Floodway” means the channel of a river or other watercourse and those portions of the floodplain adjoining the channel required to discharge and store the floodwater or flood flows associated with the regulatory flood. (59.2J)

“Historic structure” means a structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the 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 to a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

(i) By an approved state program as determined by the Secretary of the Interior; or

(ii) Directly by the Secretary of the Interior in states without approved programs. (59.2)

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a structure’s lowest floor; provided, that the enclosed area is built and maintained in accordance with the applicable design requirements of the building code. (59.2, modified for clarity)

“Manufactured dwelling” means a structure, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term “manufactured dwelling” does not include a recreational vehicle. (59.2, modified to replace “home” with “dwelling” to match building code)

“Recreational vehicle” means a vehicle that is:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection; and

“Start of construction” includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. 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 home 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 excavation for a basement, footings, piers, or foundations or the erection of temporary forms; 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 the alteration affects the external dimensions of a building. (59.2)

“Structure” means a walled and roofed building, a manufactured dwelling, or a gas or liquid storage tank that is principally above ground. (59.2, modified for clarity)

“Substantial damage” means 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 its market value before the damage occurred. (59.2)

“Substantial improvement” means 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 market value of the structure should be:

(a) The appraised real market value of the structure prior to the start of the initial repair or improvement; or

(b) In the case of damage, the appraised real market value of the structure prior to the damage occurring. The term does not include either:

(i) A 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

(ii) Alteration of an historic structure; provided, that the alteration will not preclude the structure’s continued designation as an historic structure. (59.2) [Ord. 592 § 1, 2022; Ord. 542 § I, 2010].

Article II. General Provisions

15.10.020 Basis for area of special flood hazard.

The area of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study (FIS) for Umatilla County, Oregon, and Incorporated Areas, dated September 3, 2010, with accompanying flood insurance rate maps (FIRM) or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this chapter. The FIS and the FIRM are on file at the office of the city of Pilot Rock city recorder, 144 N. Alder Place, Pilot Rock, OR 97868. (44 CFR Part 60.3(b)(1), (c)(1) and (d)(2)) [Ord. 542 § II(A), 2010].

15.10.030 Coordination with building codes.

Pursuant to the requirement established in ORS Chapter 455 that the city of Pilot Rock administer and enforce the building codes, the city council of Pilot Rock does hereby acknowledge that the building codes contain certain provisions that apply to the design and construction of buildings and structures located in areas of special flood hazard. Therefore, this chapter is intended to be administered and enforced in conjunction with the building codes. (ORS Chapter 455 establishes statewide building code in Oregon; tribes substitute implementing statute) [Ord. 542 § II(B), 2010].

15.10.040 Establishment of floodplain development permit.

A floodplain development permit shall be required prior to initiating development activities in any areas of special flood hazard established in PRMC 15.10.020. (44 CFR Part 60.3(a))

Any floodplain development permit that requires an engineering certification or engineering analysis, calculations or modeling to process shall be considered a land use action requiring a quasi-judicial land use hearing. (LUBA No. 2009-007 and ORS 197.763) [Ord. 542 § II(C), 2010].

Article III. Administration

15.10.050 Designation of floodplain ordinance administrator.

The city recorder is hereby appointed as the floodplain administrator who is responsible for administering and implementing the provisions of this chapter. (59.22(b)) [Ord. 542 § III(A), 2010].

15.10.060 Duties and responsibilities of the administrator.

Duties of the floodplain administrator shall include, but shall not be limited to:

(1) Review all development permit applications to determine whether proposed new development will be located in areas of special flood hazard. (44 CFR 60.3(a)(1))

(2) Review applications for modifications of any existing development in areas of special flood hazard for compliance with the requirements of this chapter. (44 CFR 60.3(a)(1))

(3) Interpret areas of special flood hazard boundaries, provide available flood hazard information, and provide base flood elevations, where they exist. (44 CFR 60.3(b)(4))

(4) Review proposed development to assure that necessary permits have been received from governmental agencies from which approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; the Endangered Species Act of 1973, 16 U.S.C. 1531 through 1544; and state of Oregon removal-fill permits. Copies of such permits shall be maintained on file. (44 CFR 60.3(a)(2))

(5) Review all development permit applications to determine if the proposed development is located in the floodway, and if so, ensure that the encroachment standards of PRMC 15.10.090 are met. (44 CFR 60.3(d)(1))

(6) When base flood elevation data or floodway data are not available, then the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other authoritative source in order to administer the provisions of this chapter. (44 CFR 60.3(b)(4))

(7) When base flood elevations or other engineering data are not available from an authoritative source, the floodplain administrator shall take into account the flood hazards, to the extent they are known, to determine whether a proposed building site or subdivision will be reasonably safe from flooding. (44 CFR 60.3(a)(3) and 60.3(a)(4)) Note: Oregon Residential Specialty Code R324.1.3 authorizes the building official to require the applicant to determine a base flood elevation where none exists.

(8) Issue floodplain development permits when the provisions of this chapter have been met, or disapprove the same in the event of noncompliance. (44 CFR 59.24)

(9) Coordinate with the building official to assure that applications for building permits comply with the requirements of this chapter. (44 CFR 59.24)

(10) Obtain, verify and record the actual elevation in relation to the vertical datum used on the effective FIRM, or highest adjacent grade where no base flood elevation is available, of the lowest floor level, including basement, of all new construction or substantially improved buildings and structures. (44 CFR 60.3(b)(5), amended to address no base flood elevation)

(11) Obtain, verify and record the actual elevation, in relation to the vertical datum used on the effective FIRM, or highest adjacent grade where no base flood elevation is available, to which any new or substantially improved buildings or structures have been floodproofed. When floodproofing is utilized for a structure, the floodplain administrator shall obtain certification of design criteria from a registered professional engineer or architect. (44 CFR 60.3(b)(5), amended to address no BFE)

(12) Ensure that all records pertaining to the provisions of this chapter are permanently maintained in the office of the city/county clerk or his/her designee and shall be open for public inspection. (44 CFR 60.3(b)(5))

(13) Make inspections in areas of special flood hazard to determine whether development has been undertaken without issuance of a floodplain development permit, ensure that development is undertaken in accordance with a floodplain development permit and this chapter, and verify that existing buildings and structures maintain compliance with this chapter. (44 CFR 59.24)

(14) Coordinate with the building official to inspect areas where buildings and structures in areas of special flood hazard have been damaged, regardless of the cause of damage, and notify owners that permits may be required prior to repair, rehabilitation, demolition, relocation, or reconstruction of the building or structure. (44 CFR 59.24)

(15) Make substantial improvement or substantial damage determinations. (44 CFR 59.24) [Ord. 542 § III(B), 2010].

15.10.070 Permit procedures.

The state of Oregon recommends that applicants be required to submit an elevation certificate (FEMA form 81-31) for proposed structures at the time of application for a floodplain development permit, for buildings under construction at the time of the inspection required by the Oregon Residential Specialty Code, Section R109, and upon building completion prior to issuance of a certificate of occupancy.

Application for a floodplain development permit shall be made to the floodplain administrator on forms furnished by the administrator or the administrator’s designee prior to starting development activities. (44 CFR Part 60.3(a)(1) and (b)(1)) Specifically, the following information is required:

(1) Application Stage.

(a) Plans in duplicate drawn to scale with elevations of the project area and the nature, location, dimensions of existing and proposed structures, earthen fill placement, storage of materials or equipment and drainage facilities; (Oregon Residential Specialty Code R106.5 requires one set to be retained and the second to be returned to the applicant)

(b) Delineation of areas of special flood hazard, floodway boundaries including base flood elevations, or flood depth in AO zones, where available; (Oregon Residential Specialty Code R106.1.3)

(d) Certification from a registered professional engineer or architect that any proposed nonresidential floodproofed structure will meet the floodproofing criteria of the NFIP and building codes; (44 CFR Part 60.3(c)(4))

(e) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development. (44 CFR Part 60.3(b)(6))

(2) Certificate of Occupancy.

(a) In addition to the requirements of the building codes pertaining to certificate of occupancy, prior to the final inspection the owner or authorized agent shall submit the following documentation that has been prepared and sealed by a registered surveyor or engineer (44 CFR Part 60.3(b)(5)):

(i) For elevated buildings and structures in areas of special flood hazard, the as-built elevation of the lowest floor, including basement or where no base flood elevation is available the height above highest adjacent grade of the lowest floor; and

(ii) For buildings and structures that have been floodproofed, the elevation to which the building or structure was floodproofed.

(3) Expiration of Floodplain Development Permit.

(a) A floodplain development permit shall expire 180 days after issuance unless the permitted activity has been substantially begun and thereafter is pursued to completion. (44 CFR 59.1)

(b) Commencement of work includes start of construction, when the permitted work requires a building permit. (44 CFR 59.1) [Ord. 542 § III(C), 2010].

Article IV. Provisions for Flood Hazard Reduction

15.10.080 Site improvements and subdivisions.

(1) All proposed new development and subdivisions shall be consistent with the need to minimize flood damage and ensure that building sites will be reasonably safe from flooding. (44 CFR 60.3(a)(3) and (4))

(2) Base flood elevation data shall be generated and/or provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is less. (44 CFR 60.3(a)(4))

(3) New development and subdivisions shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage. (44 CFR 60.3(a)(4) and (5))

(4) On-site waste disposal systems shall be located and constructed to avoid functional impairment, or contamination from them, during flooding. (44 CFR 60.3(a)(6))

(5) Subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (44 CFR 60.3(a)(4) and 60.3(c)(1)). In AO and AH zones, drainage paths shall be provided to guide floodwater around and away from all proposed and existing structures. (44 CFR 60.3(c)(11)) [Ord. 542 § IV(A), 2010].

15.10.090 Floodways.

(1) Encroachments, including fill, new construction, substantial improvements, and other development, are prohibited unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. (44 CFR Part 60.3(d)(3))

(2) Applicants shall obtain a conditional letter of map revision (CLOMR) from FEMA before an encroachment, including fill, new construction, substantial improvement, and other development, into the floodway is permitted that will cause any increase in the base flood elevation. (44 CFR Part 60.3(d)(4)). [Ord. 542 § IV(B), 2010].

15.10.100 Zones with base flood elevations but no floodway.

(1) In areas within Zones A1-30 and AE on the community’s FIRM with a base flood elevation, but where no regulatory floodway has been designated, new construction, substantial improvements, or other development (including fill) shall be prohibited, unless it is demonstrated 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 foot at any point within the community. (44 CFR 60.3(c)(10))

(2) Applicants of proposed projects that increase the base flood elevation more than one foot shall obtain from FEMA a conditional letter of map revision before the project may be permitted. (44 CFR Part 60.3(c)(13)) [Ord. 542 § IV(C), 2010].

15.10.110 Zones without base flood elevations.

When areas of special flood hazard have been delineated on a FIRM, but base flood elevation or floodway data have not been identified, the floodplain administrator shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state, or other source, in order to administer this chapter. (44 CFR 60.3(b)(4)) [Ord. 542 § IV(D), 2010].

15.10.120 Building design and construction.

Buildings and structures, including manufactured dwellings, within the scope of the building codes, including repair of substantial damage and substantial improvement of such existing buildings and structures, shall be designed and constructed in accordance with the flood-resistant construction provisions of these codes, including but not limited to Section R324 of the Residential Specialty Code and Section 1612 of the Structural Specialty Code. [Ord. 542 § IV(E), 2010].

15.10.130 Manufactured dwellings.

(1) New and replacement manufactured dwellings are within the scope of the building codes; and

(2) All new manufactured dwellings and replacement manufactured dwellings shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. [Ord. 542 § IV(F), 2010].

15.10.140 Recreational vehicles.

In all areas of special flood hazard, recreational vehicles that are an allowed use or structure under the zoning ordinance must either (44 CFR 60.3(e)(9) and 44 CFR 60.3(c)(14). Note: 44 CFR Part 60.3(c)(14) does not include AO zones. Application of this section in AO zones is considered a good practice):

(1) Be placed on the site for fewer than 180 consecutive days;

(2) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached structures or addition; or

(3) Meet all the requirements of PRMC 15.10.130, Manufactured dwellings, including the anchoring and elevation requirements. [Ord. 542 § IV(G), 2010].

15.10.150 Other development in areas of special flood hazard.

All development in areas of special flood hazard for which specific provisions are not specified in this chapter or in building codes shall:

(1) Be located and constructed to minimize flood damage; (44 CFR 60.3(a)(3)J)

(2) Be designed so as not to impede flow of floodwaters under base flood conditions; (Good practice J)

(3) If located in a floodway, meet the limitations of PRMC 15.10.090; (44 CFR 60.3(d)(3))

(4) Be anchored to prevent flotation or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (44 CFR 60.3(a)(3)J)

(5) Be constructed of flood damage-resistant materials; (44 CFR 60.3(a)(3)J) and

(6) Have electric service and/or mechanical equipment elevated above the base flood elevation (or depth number in AO zones), except for minimum electric service required to address life safety and electric code requirements. (44 CFR 60.3(a)(3)J) [Ord. 542 § IV(H), 2010].

15.10.160 Requirement to submit new technical data.

An applicant who obtains an approved CLOMR from FEMA or whose development modifies floodplain boundaries or base flood elevations shall obtain from FEMA a letter of map revision (LOMR) reflecting the as-built changes to the FIRM. (44 CFR Part 65.3J) [Ord. 542 § IV(I), 2010].

15.10.170 Watercourse alterations.

A watercourse is considered altered when any change occurs within its banks, including installation of new culverts and bridges, or size modifications to existing culverts and bridges as shown on effective FIRM.

(1) Adjacent communities, the U.S. Army Corps of Engineers, Oregon Department of State Lands, and Oregon Department of Land Conservation and Development must be notified prior to any alteration or relocation of a water source. Evidence of notification must be submitted to the floodplain administrator and to the Federal Emergency Management Agency. (44 CFR 60.3(b)(6)J)

(2) The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished. (44 CFR 60.3(b)(7)J) [Ord. 542 § IV(J), 2010].

15.10.180 Below-grade crawlspaces.

Below-grade crawlspace foundations are allowed, unless no base flood elevations are available; provided, that they conform to guidelines in FEMA TB 11-01, Crawlspace Construction for Structures Located in Special Flood Hazard Areas, and building codes. [Ord. 542 § VI, 2010].

Article V. Variance and Appeal Procedures

15.10.190 Variance.

The floodplain administrator shall maintain a permanent record of all variances and report any variances to the Federal Emergency Management Agency upon request. (44 CFR 60.6(a)(6)) [Ord. 542 § V(A), 2010].

15.10.200 Criteria for variances.

(1) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (44 CFR 60.6(a)(1))

(2) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements 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. As the lot size increases, the technical justification required for issuing the variance increases. (44 CFR 60.6(a)(2))

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (44 CFR 60.6(a)(4))

(4) Variances shall only be issued upon a:

(a) Showing of good and sufficient cause;

(b) Determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c) 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 local laws or ordinances. (44 CFR 60.6(a)(3))

(5) Variances may be issued for a water-dependent use; provided, that the:

(a) Criteria of subsections (1) through (4) of this section are met; and

(b) Structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (44 CFR 60.6(a)(7))

(6) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to the procedures set forth in this section. (44 CFR 60.6(a))

(7) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (44 CFR 60.6)

(8) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria and otherwise complies with building codes. (44 CFR 60.6) [Ord. 542 § V(B), 2010].

15.10.210 Variance decision.

The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval and denial. If the variance is granted, the property owner shall be put on notice along with the written decision that the permitted building will have its lowest floor below the base flood elevation and that the cost of flood insurance likely will be commensurate with the increased flood damage risk. (44 CFR 60.6(a)(5)) [Ord. 542 § V(C), 2010].

15.10.220 Appeals.

The city council shall hear and decide appeals from the interpretations of the administrator.

(1) An appeal must be filed with the city of Pilot Rock clerk within 15 days of the date of any permit denial or interpretation of the administrator. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. The appeal must set out the interpretation of the administrator and a narrative setting forth the facts relied upon by the appellant and the appellant’s claim regarding the error in the interpretation.

(2) Upon receipt of a completed appeal, the appeal will be scheduled for the next available city council meeting to be heard. The city council shall consider criteria set forth in PRMC 15.10.200 in evaluating the appeal. [Ord. 542 § V(D), 2010].

15.10.230 Decision.

The city council decision on appeal shall be in writing and set out the facts, technical information and the legal basis for the decision. [Ord. 542 § V(E), 2010].

Article VI. Severability

15.10.240 Severability.

This chapter is hereby declared to be severable. Should any portion of this chapter be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of this chapter before the declaration of partial invalidity. (FEMA Region X) [Ord. 542 § VI, 2010].