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Policy & Programs
Index
Oregon’s Policies, Programs, and Capabilities to Reduce Future Losses Summary Page Statewide Land Use Planning Goals related to Natural Hazards Goal 2: Land Use Planning Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces Goal 7: Natural Hazards Goal 17: Coastal Shorelands Goal 18: Beaches and Dunes Oregon Building Codes Oregon State Building Codes (Flood and Coastal) Oregon State Building Codes - (Landslides) Oregon State Building Codes (Coastal) Oregon State Building Codes (Seismic) Additional State Programs and Legislation Division of State Lands Fill and Removal Permit Program (ORS 196.800-990) The Oregon Plan for Salmon and Watersheds Oregon’s Wetlands Protection Program Senate Bill 12 – Rapidly Moving Landslides Ocean Shore Regulation Oregon Revised Statute 215.730: Additional Criteria for Forestland Dwellings Oregon Revised Statute 477.015-061 Urban Interface Fire Protection Oregon Revised Statute, Chapter 478: Rural Fire Protection Districts Senate Bill 360: Wildland/Urban Interface Senate Bill 96 – Seismic Hazard Investigations - Oregon Revised Statutes 455.447 and 336.071 Tsunamis - ORS 336.071, ORS 455.446, and ORS 455.448 Senate Bill 13: Seismic Event Preparation Senate Bill 14: Seismic Surveys For School Buildings Senate Bill 15: Seismic Surveys For Hospital Buildings Oregon Seismic Safety Policy Advisory Commission (OSSPAC) - ORS 401.337 to 401.353 National Programs National Flood Insurance Program (NFIP) FEMA Region 10 Policy on Fish Enhancement Structures in the Floodway Army Corps of Engineers Permit Program Non-Regulatory Programs American Planning Association (APA) Firewise FireFree Program – Bend, Oregon Hazard Policies and Programs Table
Statewide Land Use Planning Goals related to Natural Hazards Goal 2: Land Use Planning Statewide Land Use Planning Goal 2: Land Use Planning establishes a land use planning process and policy framework as a basis for decisions and actions related to use of land. It also assures an adequate factual base exists for such decisions and actions. Comprehensive land use planning provides a mechanism to prevent development in hazardous areas or to allow development in a manner that minimizes damages resulting from the presence of natural hazards. Land use plans should identify hazardous areas, assess risks associated with the hazards, and present options available to minimize future losses. Land use plans can be used to guide new development to a community's less hazardous areas. Land use plans can also identify opportunities for redevelopment projects that will improve hazard mitigation by adjusting current land uses, and by requiring up-to-date building codes and standards for rehabilitation of existing structures as well as for new development. In Oregon, every city and county has a "comprehensive plan" that includes the information, policies, and maps that guide community land use decisions. These plans were formulated by citizens to address local concerns and issues raised by the nineteen statewide planning goals. Goal 7 specifically applies to natural hazards and calls for local comprehensive plans to include inventories, policies, and ordinances to guide development in hazard areas thereby reducing losses. Oregon's statewide land use program requires local governments to adopt laws and ordinances to implement their comprehensive plans. Many local governments adopt zoning ordinances to meet this requirement. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces Statewide Land Use Planning Goal 5: Local governments shall adopt programs that will protect natural resources and conserve scenic, historic, and open space resources for present and future generations. These resources promote a healthy environment and natural landscape that contributes to Oregon's livability. Goal 7: Natural Hazards Statewide Land Use Planning Goal 7: Areas Subject to Natural Hazards aims to protect people and property from natural hazards. Goal 7 guidelines for planning state that in adopting plan policies and implementing measures to protect people and property from natural hazards, local governments should consider: a. The benefits of maintaining natural hazard areas as open space, recreation and other low density uses;
b. The beneficial effects that natural hazards can have on natural resources and the environment; and c. The effects of development and mitigation measures in identified hazard areas on the management of natural resources. Furthermore, the guidelines state that local government should coordinate their land use plans and decisions with mitigation programs, response, recovery, and emergency preparedness. Goal 17: Coastal Shorelands Statewide Land Use Planning Goal 17: Coastal Shorelands is concerned with conservation and protection, as well as appropriate development of Oregon’s coastal shorelands. It aims to reduce the hazard to human life and property, and the adverse effects upon water quality and fish and wildlife habitat resulting from the use and enjoyment of Oregon’s coastal shorelands. Goal 18: Beaches and Dunes The purpose of Statewide Land Use Planning Goal 18: Beaches and Dunes is to conserve, protect, and where appropriate, to either develop on or restore resources and benefits of coastal beach and dune areas. It is also concerned with reducing the hazard to human life and property from natural or man-induced actions associated with these areas. For more information regarding natural hazards and land use planning contact the Department of Land Conservation and Development (DLCD). The DLCD administers the state’s Land Use Planning Program. The program is based on 19 Statewide Planning Goals, including Goal 7, related to natural hazards, with flood as its major focus. DLCD serves as the federally designated agency to coordinate floodplain management in Oregon. They also conduct various landslide related mitigation activities. In order to help local governments address natural hazards effectively, DLCD provides technical assistance such as conducting workshops, reviewing local land use plan amendments, and working interactively with other agencies. Contact: Natural Hazards Program Manager, DLCD
Address: 635 Capitol St. NE, Suite 200, Salem, OR 97301-2540 Phone: (503) 373-0050 Website: http://www.lcd.state.or.us/hazards.html Oregon Floodplain Coordinator: (503) 373-0050 xt. 255 Oregon Building Codes The Oregon Building Codes Division adopts statewide standards for building construction that are administered by the state and local municipalities throughout Oregon. Oregon State Building Codes (Flood and Coastal) The One-and Two- Family Dwelling Code and the Structural Specialty Code contain requirements to elevate a building at least one foot above the base flood elevation. These codes also contain provisions for flood proofing, underfloor drainage, and directing stormwater away from buildings. Oregon State Building Codes - (Landslides) The Oregon Building Codes Division adopts statewide standards for building construction that are administered by the state and local municipalities throughout Oregon. The One- and Two- Family Dwelling Code and the Structural Specialty Code contain provisions for lot grading and site preparation for the construction of building foundations. Both codes contain requirements for cut, fill and sloping of the lot in relationship to the location of the foundation. There are also building setback requirements from the top and bottom of slopes. The codes specify foundation design requirements to accommodate the type of soils, the soil bearing pressure, and compaction and lateral loads from soil and ground water on sloped lots. The building official has the authority to require a soils analysis for any project where it appears the site conditions do not meet the requirements of the code or that special design considerations must be taken. ORS 455.447 and the Structural Code require a seismic site hazard report for projects that include essential facilities such as hospitals, fire and police stations and emergency response facilities, and special occupancy structures, such as large schools and prisons. This report includes consideration of any potentially unstable soils and landslides. Oregon State Building Codes (Coastal) Coastal areas are subject to significant subduction type seismic activity. The northern coast is currently designated as Zone 3. Zone 4 extends from Otter Rock (just north of Newport) to the southern border of the state. These are the two highest risk zones addressed by building codes. The codes also contain provisions for the design and construction of buildings to resist lateral loads from earthquakes. The Dwelling Code simply incorporates prescriptive requirements for foundation reinforcement and framing connections based on the applicable seismic zone for the area. Oregon State Building Codes (Seismic) The One and Two Family Dwelling Code and the Structural Specialty Code (both included in the State Building Code) contain maps identifying the various seismic zones for Oregon, as described in Section 2 of this guide. The Structural Specialty Code is based on the 1997 edition of the Uniform Building Code published by the International Conference of Building Officials and amended by the state of Oregon. The Uniform Building Code contains specific regulations for development within seismic zones. Within these standards are six levels of design and engineering specifications that are applied to areas according to the expected degree of ground motion and site conditions that a given area could experience during an earthquake (ORS 455.447). The Structural Code requires a site-specific seismic hazard report for projects including essential facilities such as hospitals, fire and police stations, emergency response facilities, and special occupancy structures, such as large schools and prisons. The seismic hazard report required by the Structural Code for essential facilities and special occupancy structures must take into consideration factors such as the seismic zone, soil characteristics including amplification and liquefaction potential, any known faults, and potential landslides. The findings of the seismic hazard report must be considered in the design of the building. The Dwelling Code simply incorporates prescriptive requirements for foundation reinforcement and framing connections based on the applicable seismic zone for the area. The cost of these requirements is rarely more than a small percentage of the overall cost for a new building. The requirements for existing buildings vary depending on the type and size of the alteration and whether there is a change in the use of the building to house a more hazardous use. Oregon State Building Codes recognize the difficulty of meeting new construction standards in existing buildings and allow some exception to the general seismic standards. Upgrading existing buildings to resist earthquake forces is more expensive than meeting code requirements for new construction. State code only requires seismic up-grades when there is significant structural alteration to the building or where there is a change in use that puts building occupants and the community at a greater risk. Your local building official is responsible for enforcing these codes. Although there is no statewide building code for substandard structures, local communities have the option of adopting one to mitigate hazards in existing buildings. The state has adopted regulations to abate buildings damaged by an earthquake in Oregon Administrative Rules (OAR) 918-470. Oregon Revised Statutes (ORS) 455.020 and 455.390-400 also allow municipalities to create local programs to require seismic retrofitting of existing buildings within their communities. The building codes do not regulate public utilities and facilities constructed in public right-of-ways, such as bridges that are regulated by the Department of Transportation. For more information on state building codes contact the Oregon Department of Consumer and Business Services – Building Codes Division. The Building Codes Division of Oregon’s Department of Consumer and Business Services is responsible for administering statewide building codes. Its responsibilities include adoption of statewide construction standards that help create disaster-resistant buildings, particularly for flood, wildfire, wind, foundation stability, and seismic hazards. Information about wildfire-related building codes is found through this department. Contact: Building Codes Division
Address: 1535 Edgewater St. NW, P.O. Box 14470, Salem, OR 97309 Phone: (503) 373-4133 Website: http://www.cbs.state.or.us/external/bcd Additional State Programs and Legislation Division of State Lands Fill and Removal Permit Program (ORS 196.800-990) Statewide Land Use Planning Goal 5 requires that local governments shall adopt programs that will protect natural resources and conserve scenic, historic, and open space resources for present and future generations. In implementing this goal, Division of State Lands (DSL) Fill and Removal Permit Program (ORS 196.800-990) requires individuals who remove or fill 50 cubic yards or more in “waters of the state” to obtain a permit from the DSL. In State Scenic Waterways or areas designated by DSL as essential indigenous anadromous salmonid habitat, most removal-fill activities require a permit, regardless of the number of cubic yards affected. In addition, the Oregon Department of Environmental Quality is responsible for water quality certification under section 401(a) of the Clear Water Act. This certification is required as part of the DSL permitting process. The Oregon Plan for Salmon and Watersheds “The Oregon Plan” is the state’s program to restore native salmon and trout populations and to improve water quality. The overall goal of the Oregon Plan is to restore fish populations to productive and sustainable levels that will provide substantial environmental, cultural, and economic benefits. Oregon’s Wetlands Protection Program Oregon’s Wetlands Program was created in 1989 to integrate federal and state rules concerning wetlands protection with the Oregon Land Use Planning Program. The Wetlands Program has a mandate to work closely with local governments and the Division of State Lands (DSL) to improve land use planning approaches to wetlands conservation. A Local Wetlands Inventory (LWI) is one component of that program. DSL also develops technical manuals, conducts wetlands workshops for planners, provides grant funds for wetlands planning, and works directly with local governments on wetlands planning tasks. Senate Bill 12 – Rapidly Moving Landslides Following the flood and landslide events of 1996, legislation was drafted to reduce risk from future landslide hazards. The legislature passed Senate Bill 1211 in 1997, which dealt with rapidly moving landslide issues around steep forestlands, and not in typical urban or community settings. Senate Bill 1211 granted authority to the State Forester to prohibit forest operations in certain landslide-prone locations, and created the Interim Task Force on Landslides and Public Safety. SB 1211 charged the Interim Task Force with developing a comprehensive, practicable, and equitable solution to the problem of risks associated with landslides. The Interim Task Force developed the legislative concept that resulted in Senate Bill 12 in the 1999 session (ORS 195.250 et seq.). Senate Bill 12 directs state and local governments to protect people from rapidly moving landslides. The bill has three major components affecting local governments: detailed mapping of areas potentially prone to debris flows (i.e., “further review area maps”); local government regulating authority; and funding for a model ordinance. The legislature allocated funding to the Department of Geology and Mineral Industries (DOGAMI) to prepare the “further review area maps,” and provided $50,000 for a grant to a local government to develop a model program to address rapidly moving landslides. Senate Bill 12 applies only to rapidly moving landslides, which are uncommon in many communities, but are very dangerous in areas where they do occur. Ocean Shore Regulation The Oregon Parks and Recreation Department (OPRD) is responsible for protecting the scenic, recreational, and natural resource values of the Oregon coast. OPRD accomplishes this through an extensive permitting program for shoreline protection under the authority of The Ocean Shore Law (ORS 390.605– 390.770), also known as the “Beach Bill.” While not responsible for activities above the statutory vegetation line, the survey line, or the line of established vegetation, OPRD is the permitting authority for actions affecting the ocean shorelands. This distinction can be seen visually at the line of established vegetation that backs the shoreline. The Division of State Lands (DSL) has co-authority with the OPRD over rocky intertidal areas. The DSL manages the state-owned seabed within three nautical miles of low tide at the ocean shore. Specifically, the DSL regulates removal and filling of seabed and estuaries, including any dredged materials or seabed minerals. DSL may also issue leases for the harvest of Bull Kelp, a large seaweed in rocky areas of Oregon’s coast. The Beach Bill requires that a permit be obtained from the OPRD for all “beach improvements” west of a surveyed beach zone line. Communities can check their comprehensive plan or contact OPRD to obtain the location of this surveyed line. The Removal/Fill Law and implementing regulations (ORS 196.800 – 196.990) contain specific standards and requirements for riprap and other bank and shore stabilization projects in areas that extend from the Pacific Ocean shore to the line of established upland vegetation or the highest measured tide, which-ever is greater. OPRD administers the removal/fill regulations jointly with the Ocean Shore Permit Authority. Activities permitted under these regulations are required to comply with the Statewide Planning Goals and be compatible with corresponding provisions of local comprehensive plans. Permits for shoreline protective structures may be issued only when development existed prior to January 1, 1977, as required under Goal 18. Foredune management plans, often implemented as hazard mitigation strategies, require a permit from OPRD because these strategies affect the structure of the shoreline. Other hazard mitigation strategies that require OPRD approval include: natural product (dirt) removal, resloping of a vertical bank below the statutory line of vegetation, and mitigating for erosion by altering the course of a stream that flows into the ocean. Oregon Revised Statute 215.730: Additional Criteria for Forestland Dwellings ORS 215.730 (County Planning; Zoning, Housing Codes) pro-vides additional criteria for approving dwellings located on lands zoned for forest and mixed agriculture/forest use. Under its provisions, county governments must require, as a condition of approval, that single-family dwellings on lands zoned forestland meet the following requirements: 1. Dwelling has a fire retardant roof;
2. Dwelling will not be sited on a slope of greater than 40 percent; 3. Evidence is provided that the domestic water supply is from a source authorized by the Water Resources Department and not from a Class II stream as designated by the State Board of Forestry; 4. Dwelling is located upon a parcel within a fire protection district or is provided with residential fire protection by contract; 5. If dwelling is not within a fire protection district, the applicant provides evidence that the applicant has asked to be included in the nearest such district; 6. If dwelling has a chimney or chimneys, each chimney has a spark arrester; and 7. Dwelling owner provides and maintains a primary fuel-free break and secondary break areas on land surrounding the dwelling that is owned or controlled by the owner. If a governing body determines that meeting the fourth requirement is impractical, local officials can approve an alter-native means for protecting the dwelling from fire hazards. This can include a fire sprinkling system, on-site equipment and water storage, or other methods that are reasonable, given the site conditions. If a water supply is required under this subsection, it must be a swimming pool, pond, lake or similar body of water that at all times contains at least 4,000 gallons or a stream that has a minimum flow of at least one cubic foot per second. Road access must be provided to within 15 feet of the water’s edge for fire-fighting pumping units, and the road access must accommodate a turnaround for fire-fighting equipment. Oregon Revised Statute 477.015-061 Urban Interface Fire Protection These provisions were established through efforts of the Oregon Department of Forestry, the Office of the State Fire Marshal, fire service agencies from across the state, and the Commissioners of Deschutes, Jefferson, and Jackson Counties. It is innovative legislation designed to address the expanding interface wildfire problem within Oregon Department of Forestry Fire Protection Districts. Full implementation of the statute will occur on or after January 1, 2002. The statute does the following: 1. Directs the State Forester to establish a system of classifying forestland-urban interface areas;
2. Defines forestland-urban interface areas; 3. Provides education to property owners about fire hazards in forestland-urban interface areas. Allows for a forestland-urban interface county committee to establish classification standards; 4. Requires maps identifying classified areas to be made public; 5. Requires public hearings and mailings to affected property owners on proposed classifications; 6. Allows property owners appeal rights; 7. Directs the Board of Forestry to promulgate rules that set minimum acceptable standards to minimize and mitigate fire hazards within forestland-urban interface areas; and 8. Creates a certification system for property owners meeting acceptable standards. Establishes a $100,000 liability limit for cost of suppressing fires, if certification requirements are not met. Oregon Revised Statute, Chapter 478: Rural Fire Protection Districts ORS 478, Rural Fire Protection Districts, includes the following provisions, among others, related to wildfire hazard mitigation: 478.120 Inclusion of forestland in district. The authority to include forestland within a rural fire protection district pursuant to ORS 478.010 (2)(c) applies to forestland within the exterior boundaries of an existing district and to forestland on which structures subject to damage by fire have been added after July 20, 1973. 478.140 Procedure for adding land to district by consent of owner. Any owner consenting to add the forestland of the owner to the district under ORS 478.010 (2)(c) shall do so on forms supplied by the Department of Revenue. The owner shall file the original with the district. The district shall forward a copy to the assessor of each county in which the land is located, within 20 days of receipt. 478.910 Adoption of fire prevention code. A district board may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. 478.920 Scope of fire prevention code. The fire prevention code may provide reasonable regulations relating to: (1) Prevention and suppression of fires. (2) Mobile fire apparatus means of approach to buildings and structures. (3) Providing fire-fighting water supplies and fire detection and suppression apparatus adequate for the protection of buildings and structures. (4) Storage and use of combustibles and explosives. (5) Construction, maintenance and regulation of fire escapes. (6) Means and adequacy of exit in case of fires and the regulation and maintenance of fire and life safety features in factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live, or congregate from time to time for any purpose. (7) Requiring the issuance of permits by the fire chief of the district before burning trash or waste materials. (8) Providing for the inspection of premises by officers designated by the board of directors, and requiring the removal of fire hazards found on premises at such inspections. 478.927 Building permit review for fire prevention code. A district adopting a fire prevention code shall provide plan review at the agency of the city or county responsible for the issuance of building permits for the orderly administration of that portion of the fire prevention code that requires approval prior to the issuance of building permits. Senate Bill 360: Wildland/Urban Interface Senate Bill 360, passed in 1997, is state legislation put in place to address the growing wildland/urban interface problem. The bill has three purposes: 1. To provide an interface fire protection system in Oregon to minimize cost and risk and maximize effectiveness and efficiency; 2. To promote and encourage property owners’ efforts to minimize and mitigate fire hazards and risks; and 3. To promote and encourage involvement of all levels of government and the private sector in interface solutions. The bill has a five-year implementation plan that includes public education and outreach, and the development of rules, standards, and guidelines that address landowner and agency responsibilities. The success of Senate Bill 360 depends upon cooperation among local and regional fire departments, fire prevention cooperatives, and the Oregon Department of Forestry, which means interagency collaboration is vital for successful implementation of the bill. This cooperation is important in all aspects of wildland firefighting. Resources and funding are often limited, and no single agency has enough resources to tackle a tough fire season alone. The introductory language of Senate Bill 360 states: “The fire protection needs of the interface must be satisfied if we are to meet the basic policy of the protection of human life, natural resources, and personal property. This protection must be provided in an efficient and effective manner, and in a cooperative partnership approach between property owners, local citizens, government leaders, and fire protection agencies.” Senate Bill 96 – Seismic Hazard Investigations - Oregon Revised Statutes 455.447 and 336.071 The legislature passed Senate Bill 96 in 1991. This law requires site-specific seismic hazard investigations before the construction of essential facilities, hazardous facilities, major structures, and special-occupancy structures (e.g., hospitals, schools, utilities and public works, police and fire stations). These requirements are adopted into the State Building Code. The law also provides for the installation of strong-motion sensors in selected major buildings and mandates that school officials in all public schools lead students and staff in earthquake drills. Tsunamis - ORS 336.071, ORS 455.446, and ORS 455.448 Fourteen earthquake-related bills were introduced during the 1995 session. Several passed, including a new requirement for earthquake education and tsunami drills to be conducted in public schools (ORS 336.071), a requirement for essential and special-occupancy structures to be built outside of tsunami inundation zones (ORS 455.446), provisions for the inspection and entrance of buildings damaged by earthquakes (ORS 455.448) and specific provisions for the abatement of buildings damaged by earthquakes. Senate Bill 1057 created a task force to evaluate the risks impacting existing buildings and make recommendations to the 1997 legislature. Senate Bill 13: Seismic Event Preparation Senate Bill 13, signed by the Governor on June 14, 2001, requires each state and local agency and persons employing 250 or more full-time employees to develop seismic preparation procedures and inform their employees about the procedures. Further, the bill requires agencies to conduct drills in accordance with Oregon Emergency Management guidelines. These drills must include “familiarization with routes and methods of exiting the building and methods of duck, cover and hold during an earthquake.” Senate Bill 14: Seismic Surveys For School Buildings The Governor signed Senate Bill 14 on July 19, 2001. It requires the State Board of Higher Education to provide for seismic safety surveys of buildings that have a capacity of 250 or more persons and are routinely used for student activities by public institutions or departments under the control of the board. A seismic safety survey is not required for any building that has previously undergone a seismic safety survey or that has been constructed to the state building code standards in effect for the seismic zone classification. Subject to available funding, if a building is found to pose an undue risk to life and safety during a seismic event, a plan shall be developed for seismic rehabilitation or other seismic risk reducing activities. All seismic rehabilitation or other actions to reduce seismic risk must be completed before January 1, 2032, subject to available funding. Senate Bill 15: Seismic Surveys For Hospital Buildings The Governor signed Senate Bill 15 on July 19, 2001. It requires the Health Division to provide for seismic safety surveys of hospital buildings that contain an acute inpatient care facility. Seismic surveys shall also be conducted on fire stations, police stations, sheriffs’ offices, and similar facilities subject to available funding. The surveys should be completed by January 1, 2007. A seismic survey is not required for any building that has undergone a survey or that has been constructed to the state building code standards in effect for the seismic zone classification at the site. Subject to available funding, if a building is evaluated and found to pose an undue risk to life and safety during a seismic event, the acute inpatient care facility, fire department, fire district or law enforcement agency using the building shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. All seismic rehabilitations or other actions to reduce the risk must be completed before January 1, 2022, subject to available funding. Oregon Seismic Safety Policy Advisory Commission (OSSPAC) - ORS 401.337 to 401.353 OSSPAC is a state advisory commission created in February 1990 through an executive order from Governor Neil Goldschmidt. It is made up of 18 members with interests in earthquake safety including: Oregon Emergency Management, State Building Codes, and the Departments of Geology and Mineral Industries, Land Conservation and Development, and Transportation; two representatives from the Oregon state legislature; one local government representative; one member from education; three from the general public; and six members from affected industries, such as homebuilders and banking industries. The purpose is to reduce exposure to Oregon’s earthquake hazards by: (1) developing and influencing policy at the federal, state and local levels; (2) facilitating improved public understanding and encouraging identification of earth-quake risk; and (3) supporting research and special studies, appropriate mitigation and response and recovery. The group has proposed legislative concepts to the State legislature on improving seismic safety in Oregon. They are currently preparing a document entitled “Oregon at Risk” discussing seismic hazards in the state. For information on OSSPAC, contact Oregon Emergency Management at 503-378-2911. National Programs National Flood Insurance Program (NFIP) The function of the NFIP is to provide flood insurance to homes and businesses located in floodplains at a reasonable cost, and to encourage the location of new development away from the floodplain. The program is based upon mapping areas of flood risk, and requiring local implementation to reduce that risk, primarily through restrictions on new development in floodplains. Elevation Certificates are forms published by FEMA required to be maintained by communities participating in the NFIP. New development is required to be elevated or otherwise designed to protect against flooding. The NFIP requires local governments to obtain certificates for all new construction in floodplains and to keep the certificates on file. Local governments must insure that elevation certificates are filled out correctly for structures built in floodplains. V-Zone Construction In many of Oregon’s coastal communities, FEMA has mapped “V zones” (velocity zones), areas of special flood hazard that are subject to high velocity wave action from storm surges or seismic events. Because of the potential force associated with this wave action, special regulations apply for new construction and substantial improvements in “V zones.” Community Rating System (CRS) Community Rating System (CRS) is a program operated by the NFIP that recognizes communities who go beyond the minimum requirements of the NFIP. CRS offers reduced flood insurance premiums for communities who adopt higher standards and encourages community activities that reduce flood losses, facilitate accurate insurance rating, and promote flood insurance awareness. FEMA Region 10 Policy on Fish Enhancement Structures in the Floodway FEMA regulates development in the floodway. The regulations require that a community prohibit encroachments (including fill, new construction, and other development) within the floodway unless it is demonstrated by engineering analysis that the proposed encroachment will not result in any increase in flood levels during the occurrence of a 100-year flood event. The recent designation of several northwest salmon and steelhead runs as threatened or endangered has resulted in an increased effort to restore fish habitat. Restoring habitat often involves placing structures in stream. Army Corps of Engineers Permit Program The U.S. Army Corps of Engineers is responsible for the protection and development of the nation’s water resources, including navigation, flood control, energy production through hydropower management, water supply storage and recreation. The Corps administers a permit program to ensure that the nation’s waters are used in the public interest, and requires any person, firm, or agency planning work in the waters of the United States to first obtain a permit from the Corps. Permits are required even when land next to or under the water is privately owned. It is a violation of federal law to begin work before a permit is obtained and penalties of fines and/or imprisonment may apply. Examples of activities in waters that may require a permit include: construction of a pier, placement of intake and outfall pipes, dredging, excavation and depositing of fill. Permits are generally issued only if the activity is found to be in the public interest. In Oregon, the Division of State Lands (DSL) and the U.S. Army Corps of Engineers jointly issue permits for development of these activities. As mentioned in the discussion of DSL permits, local planning agencies are required to sign off on any permits issued by DSL and the U.S. Army Corps of Engineers and water quality certification is required by the Department of Environmental Quality. Non-Regulatory Programs American Planning Association (APA) The APA embarked on a program to bring together solutions from multiple disciplines into a single source. It will help serve local planning efforts in identifying landslide hazards during the planning process so as to minimize exposure to landslide risks. The APA’s website highlights planning efforts to reduce landslide risk and loss. Firewise Firewise is a program developed within the National Wildland/Urban Interface Fire Protection Program, and it is the primary federal program addressing interface fire. It is administered through the National Wildfire Coordinating Group whose extensive list of participants includes a wide range of federal agencies. The program is intended to empower planners and decision makers at the local level. Through conferences and information dissemination, Firewise increases support for interface wildfire mitigation by educating professionals and the general public about hazard evaluation and policy implementation techniques. Firewise offers online wildfire protection information and checklists, as well as listings of other publications, videos, and conferences. www.firewise.org FireFree Program – Bend, Oregon FireFree is a unique private/public program for interface wildfire mitigation involving partnerships between an insurance company and local government agencies. It is an example of an effective non-regulatory approach to hazard mitigation. Originating in Bend, the program was developed in response to the city’s “Skeleton Fire” of 1996, which burned over 17,000 acres and damaged or destroyed 30 homes and structures. Bend sought to create a new kind of public education initiative that emphasized local involvement. SAFECO Insurance Corporation was a willing collaborator in this effort. Bend’s pilot program included: A short video production featuring local citizens as actors, made available at local video stores, libraries, and fire stations;
Two city-wide yard debris removal events; A 30-minute program on a model FireFree home, aired on a local cable television station; and Distribution of brochures, featuring a property owner’s evaluation checklist and a listing of fire-resistant indigenous plants. |
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