HomeMy WebLinkAboutDiscussion FEMA and WA Dept of Ecology JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
FROM: Josh D. Peters, AICP, Community Development Director
Tami Pokorny,Natural Resources Program Coordinator, Environmental Public Health
Donna Frostholm, Associate Planner, Community Development
Brent A. Butler, AICP, Chief Strategy Officer, Community Development
DATE: July 10, 2023
RE: Federal Emergency Management Agency(FEMA) Community Assistance Visit
(CAV)/Washington State Department of Ecology sustainable development grants
STATEMENT OF ISSUE:
Based on the community need highlighted during the March 15, 2023 Brinnon Town Hall meeting, the
Department of Community Development("DCD") investigated opportunities to obtain technical support to
advance Brinnon's growth and development. Through this investigation and also in preparation for a
FEMA-required audit, DCD learned that Jefferson County could potentially mitigate, avoid, reduce or
eliminate some of the Brinnon's overlapping hazards if there is community support for the advanced
research and engineering available through grants summarized in this report. For this reason, DCD
requests authorization to first verify that there is interest and then to apply in the event that there is verified
interest.
BACKGROUND:
In accordance with the Growth Management Act(GMA), Jefferson County identifies Brinnon as a Limited
Area of More Intensive Rural Development(LAMRID), and designates it as one of the county's two Rural
Village Centers ("RVC"). RVCs are historically settled with commercial uses serving the local community.
Community Development Department staff became aware that Brinnon is exposed to multiple hazards
including among others flooding, landslides and wildland fires. Based on the comments at the March 14,
2023 Town Hall meeting the community desires to grow and develop despite these challenges. For this
reason, DCD seeks to apply for grants upon securing community support for the express purpose of
determining how best to meet these community expectations.
ANALYSIS:
Brinnon's downtown core appears to be located within the regulatory floodway, an especially high-risk
Special Flood Hazard Area(SFHA). SFHA are areas where there is a one percent chance of flooding in any
given year and FEMA regulates improvements to land through the mortgage markets, requiring insurance
for any federally guaranteed loan (mortgage). Floodways are located within SFHAs and are an extremely
hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential.
Property and casualty insurance policies do not cover losses arising out of flooding so property owners
typically purchase a separate flood policy. For these reasons, FEMA offers subsidized flood insurance if
community provisions to reduce flood hazards are in place. While the National Flood Insurance Act of
1968, which established the National Flood Insurance Program(NFIP), did not formally mandate
individual participation, it did, however, deny disaster relief to persons who could have purchased flood
insurance, but did not do so. Jefferson County's flood damage prevention regulations are codified in
Chapter 15.15 and meets this general requirement so FEMA authorizes subsidized flood insurance.
In the fourth quarter of 2023, the Federal Emergency Management Agency ("FEMA")will audit Jefferson
County's compliance with the National Flood Insurance Program("NFIP") through its implementation of
Jefferson County Code (JCC) Chapter 15.15 entitled Flood Damage Prevention. FEMA will also review
Chapter 15.15 to ensure the Floodplain Management regulations meet or exceed the minimum criteria
outlined in 44 Code of Federal Regulations(CFR) Part 60.3 entitled Flood plain management criteria for
flood prone areas. FEMA will conduct this audit through a state agency,the Department of Ecology
("ECY"). ECY will tour the floodplain, inspect community permit files, and meet with local appointed and
elected officials as part of the Customer Assistance Visit("CAV") audit that should occur once every five
years; Jefferson County's last CAV occurred more than twelve years ago. County residents with flood
insurance may lose their federally subsidized flood insurance policies in the event that the county fails to
implement the NFIP.
Typically, FEMA's higher regulatory standards in the floodway increase development costs and reduce
potential development opportunities. Moreover, rebuilding after a significant flood event may be
impossible for most uninsured property owners since disaster relief funds are denied persons who could
have purchased flood insurance but didn't do so.
The Jefferson County Code sets forth the following provisions for development in the floodway.
1. The code prohibits encroachments, including fill, new construction, substantial improvements, and
other development unless a registered professional engineer certifies there no increase in flood
levels in the one percent change flood through hydrologic and hydraulic analyses
2. Construction or reconstruction of residential structures is prohibited within designated floodways,
except for
a. repairs, reconstruction, or improvements to a structure which do not increase the ground
floor area; and
b. repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50
percent of the market value of the structure either
i. before the repair, or reconstruction is started, or
ii. if the structure has been damaged, and is being restored, before the damage occurred.
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 to structures identified as historic places, may be excluded in
the 50 percent; and
Identified methods to reduce, eliminate, avoid or mitigate flood risks include: 1) obtaining grants to better
assess vulnerability and implement engineered structural and/or non-structural solutions, and 2) amending
the Jefferson County Code to reduce or offset the regulatory burden and, 3) add fiscal incentives to
encourage sustainable growth and development.
Grant methodology-Based on three successful grant funded projects the Washington State Department of
Ecology awarded Jefferson County in 2022, including the county's Sea Level Rise, Big and Little Quilcene
Flood Hazard Management Plan, and the Shoreline Users' Guide grants, DCD is well-positioned to apply
for and win awards amounting to $2,250,000 in grant funding over the next nine months. These grants
would assist Brinnon grow and develop sustainably. Notably, Brinnon is a census designated place whose
population is larger than Quilcene's population and is likely to have expansive growth over the next ten to
twenty years in a large part due to the Pleasant Harbor Master Planned Resort development. A$250,000
competitive shoreline planning grant opportunity opening in July may assist the county identify how
Brinnon can accommodate new growth that recognizes shoreline constraints and associated hazards.
Typical climate resilience planning projects under this shoreline competitive grant may address one or
more hazards such as sea level rise vulnerability, wildfire planning, channel migration, and flooding.
Permit monitoring and adaptive management are also within the scope of this grant award. The Floodplains
by Design grant available in 2024 would allow up to $2,000,000 for engineering and construction projects
to implement recommendations originating from the shoreline grant.
FISCAL IMPACT:
These grants require no match but would require a project manager who oversees the work of consultants.
RECOMMENDATION:
This meeting is intended to apprise the BoCC of these grant opportunities and to seek feedback. DCD
requests BoCC support for submitting two planning grant applications should there be evidence of
community support.
REVIEWED BY:
Mark McCa e , County Administrator Date �—