HASSO HERING

A perspective from Oregon’s mid-Willamette Valley

New Albany rule: Don’t harm killer whales

Written November 18th, 2024 by Hasso Hering

This property in North Albany, shown in February 2017, is in the 100-year flood zone. Any developer will have to obtain an assessment for endangered fish and orcas.

It sounds like a joke but it isn’t: From now on anyone wanting to build anything in the designated 100-year-flood zone in Albany will have to prove that the work won’t harm endangered species including salmon, sturgeon, smelt and killer whales.

That’s because some years ago various environmental groups sued the Federal Emergency Management Agency on the grounds that FEMA’s National Flood Insurance Program might endanger threatened species.

FEMA  consulted with the National Marine Fisheries Service, which concluded in 2016 that yes, the insurance program — presumably by not preventing building in flood-prone areas — did jeopardize those species.

In 2023, four groups including Willamette Riverkeeper sued again claiming FEMA was too slow in doing anything about this. So now FEMA is telling jurisdictions that take part in the federal flood insurance program that they must make sure development in flood areas harms no endangered fish.

The upshot: The Albany City Council on Monday agreed with a city staff recommendation to require applicants for building permits in the 100-year flood zone to prepare a Habitat Assessment documenting that their project will achieve “no net loss” of any of those species.

In answer to a question from Councilwoman Matilda Novak, City Attorney Sean Kidd noted that the requirement would affect development on a collection of several parcels north of Hickory Street in North Albany. Seven years ago the Portland owners planned a big residential project on the property but so far have not followed through.

Nearly 2,200 acres in Albany are included in the flood hazard area. This includes the swath of Albany in the flood plain below Gibson Hill, as well as low-lying areas in the western, southern and eastern part of town.

About 1,400 acres are zoned residential, and about 300 are commercial or residential. There are 411 buildings in the flood hazard area with nearly $580 million in coverage under the National Flood Insurance Program.

The rest of the flood hazard area is zoned open space.

Doing a habitat assessment for any new building or expansion might not be simple or cheap. FEMA has published a long list of recommendations on how to go about it and what agencies to consult.

The government suggests that to save the expense of proving no harm to salmon, smelt or killer whales, it would be better not to build in the flood plain at all. (hh)





19 responses to “New Albany rule: Don’t harm killer whales”

  1. Rayne Legras says:

    In some areas of the US and Oregon, it is probably wise not to build in the flood zone. However, this sounds pretty silly for most of our state.

    • Mark says:

      I find this highly amusing. Coming from a City that was known for it’s awful stench for generations. With the huge smokestacks belching 24/7 alongside the freeway 200 yards from their precious wetlands.

  2. Gordon L. Shadle says:

    Just to be clear, a “100-year flood” is not a flood that you should expect to happen only once every 100 years.

    Instead, it refers to a flood that has a 1 percent chance of happening in any given year. Unanswered is: Is this the year and will the flood be one inch, ten feet, or more?

    In other words, a “flood” is an event that is extremely unlikely with an impact that is extremely uncertain, especially “flood” that will harm salmon or killer whales.

    So why is the city refusing to increase its tax base due to an event with an extremely low probability?

    Only in the government mind does this make sense…..

  3. CHEZZ says:

    Oh My! Does this mean I must not be able to keep my pet sturgeon? I have a sad face emoji. :( :(

  4. Peg Richner says:

    It’s hard not to laugh. And I thought “Idiocracy” was a movie!

  5. John Marble says:

    Is there room here for common sense? How about just not building in the 100-year flood plain because it is generally a poor idea?

    • Gordon L. Shadle says:

      Because FEMA determines the boundaries of a 100-year floodplain.

      Their judgements and practices are “generally” not reliable.

  6. Richard Vannice says:

    At first glance one might think it is really stupid; but, if a regulation to prove that something will do no harm is in place it sometimes takes these kinds of things to prevent other harm.
    For example, there are pieces of property, some already been built on, some in the progress of FILLING and some still fairly pristine. At one time the vacant area just to the west of North Albany Rd between Hwy 20 and Hickory, was much lower than now. This allowed the Willamette a “relief” point that allowed some of the flooding that occurs on the river a place to go, Now its filled in and their is no relief to overflow.
    There is one house on N. Albany Rd at Thornton Lake Dr. that, apparently by code, can not use the first floor because it is built on a 100 year flood plain.
    In the past these kinds of projects have been allowed. Now a Federal Regulation has at least put Local Government in a position where common sense and good judgement should have prevailed in the first place!!

  7. mark epp says:

    There’s a map that shows all the past courses of the Willamette River Guess what? It has been all over the Valley at one time or another

  8. avidreader69 says:

    Even if you are ‘next’ to the flood plain, you can be flooded. Why build in a flood plain? It’s called a flood plain for a reason… IT FLOODS!!
    There are many areas in this country that are not ever going to be flooded. Why even consider building in a flood plain? That makes no sense!

    • Gordon L. Shadle says:

      Do you trust FEMA?

      In 1986 President Ronald Reagan said, “The nine most terrifying words in the English language are ‘I’m from the government and I’m here to help.”

      These words in 2024 are as terrifying as they were in 1986, especially in regards to a flood in Albany that may kill killer whales. Laughable….

  9. H. R, Richner says:

    FEMA will be under new management next January. Using the “Chevron” decision will help us get rid of such nonsense. Property rights are at stake.

    • hj says:

      Under a vindictive divider and clown car full of unqualified folks that want to tear everything down.

      We can only hope that the west coast does not need FEMA in the next four years because he won’t allow funds to flow here. You know why? I think that answer is pretty clear.

      • Al Nyman says:

        It is impolite to refer to Joe with those vicious comments. After all the current regime did a lousy job in North Carolina but I’m sure you think FEMA is a wonderful federal agency.

  10. The beast says:

    When I moved in to my house in 1996 I did not have to have flood insurance even though I was close to oak creek
    I thought the 200 dollars a year was money well spent
    Around 10 years ago FEMA redesigned the flood maps and said not only was I in the flood zone now and oh by the way the insurance has gone up from 200 dollars to 2000 dollars
    They said it wasn’t so much for the area around here it was for mainly the people who build houses next to major rivers like the Mississippi who get flooded every 3-5 years
    I thank FEMA every time I pay their outrageous bill

  11. david pulver says:

    the washington swamp will soon be turned into a golf coarse. lets see what happens with FEMA. i expect it to be gutted like other fish in the swamp. rebuilt and renamed with a hole number.

Leave a Reply

Your email address will not be published. Required fields are marked *

 

 
HH Today: A perspective from Oregon’s mid-Willamette Valley
Albany Albany City Council Albany council Albany downtown Albany housing Albany parks Albany Planning Commission Albany police Albany Post Office Albany Public Works Albany riverfront Albany Station Albany streets Albany traffic Albany urban renewal Amtrak apartments ARA Benton County bicycling bike lanes Bowman Park Bryant Park CARA climate change COVID-19 Cox Creek Cox Creek path Crocker Lane cumberland church cycling Dave Clark Path downtown Albany Edgewater Village Ellsworth Street bridge Highway 20 homeless housing Interstate 5 land use Linn County Millersburg Monteith Riverpark North Albany North Albany Road ODOT Oregon legislature Pacific Boulevard Pacific Power Portland & Western Queen Avenue Railroads Republic Services Riverside Drive Santiam Canal Scott Lepman Talking Water Gardens The Banks Tom Cordier Union Pacific urban renewal Water Avenue Waterfront Project Waverly Lake Willamette River


Copyright 2024. All Rights Reserved. Hasso Hering.
Website Serviced by Santiam Communications
Hasso Hering