FEMA flood zone rules in Deschutes County, OR β also called floodplain regulations or special flood hazard area (SFHA) rules β determine flood insurance requirements and elevation standards for new construction.
Deschutes County, Oregon regulates floodplain development under Title 18, Chapter 18.96 (Flood Plain Zone) of the Deschutes County Code. The Community Development Department serves as the NFIP Floodplain Administrator for unincorporated Deschutes County under FEMA Community Identification Number 410055 (countywide panel suffix 41017C). Special Flood Hazard Areas are mapped along the Deschutes River, Little Deschutes River, Crooked River, Whychus Creek, Tumalo Creek, and Paulina Creek, where snowmelt, ice jams, and high desert canyon flooding produce flood risk. The current Flood Insurance Study and Flood Insurance Rate Maps for Deschutes County and Incorporated Areas have an effective date of September 28, 2007.
Floodplain regulation in unincorporated Deschutes County is governed by Title 18, Chapter 18.96 of the Deschutes County Code, titled Flood Plain Zone (FP). The Flood Plain Zone is currently a base zone applied wherever a Special Flood Hazard Area is mapped on the effective FIRM, although the County has been considering amendments to convert the Flood Plain zone from a base zone to an overlay zone. The Deschutes County Community Development Department administers the NFIP for unincorporated areas under FEMA Community ID 410055; the current countywide Flood Insurance Study and FIRM panels (county suffix 41017C) became effective on September 28, 2007 and are adopted by reference into DCC 18.96. A Floodplain Development Permit (and Conditional Use Permit where required) must be obtained before any building, grading, fill, road-cut, or access permit may be issued for development within the Flood Plain Zone. Under DCC 18.96, 'base flood' means the flood having a one percent chance of being equaled or exceeded in any given year (the 100-year flood), and 'habitable floor' means any floor usable for living purposes including working, sleeping, eating, cooking, or recreation. Consistent with the NFIP framework in 44 CFR 60.3, new construction and substantial improvements within an SFHA must have the lowest floor elevated to or above the base flood elevation, be anchored to resist flotation, collapse, and lateral movement, and use flood-resistant materials below that elevation. Substantial improvement or substantial damage equal to or exceeding 50% of market value triggers full compliance with current flood standards. Construction of new critical facilities must, to the extent possible, be located outside the limits of the Special Flood Hazard Area; new critical facilities are permissible within the SFHA only if no feasible alternative site is available. The Flood Plain Zone also implements Statewide Planning Goal 7 (Areas Subject to Natural Hazards) and is consistent with Oregon Revised Statutes Chapter 215 (County Planning) and ORS Chapter 197 (Comprehensive Land Use Planning). The City of Bend regulates its own floodplain under Bend Development Code 2.7.640 (Floodplain Zone) under FEMA Community ID 410056, and the cities of Redmond, Sisters, and La Pine each participate in the NFIP under their own community identification numbers. FIRM panels and the National Flood Hazard Layer for Deschutes County can be viewed at the FEMA Map Service Center (msc.fema.gov), through the Deschutes County GIS interactive map (maps.deschutes.org), or via Oregon's Risk MAP program at the Oregon Department of Emergency Management. Property owners who believe a structure is mistakenly mapped in an SFHA may apply to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR).
Construction, fill, grading, excavation, placement of structures, manufactured homes, or substantial improvement within a designated Special Flood Hazard Area in unincorporated Deschutes County without an approved Floodplain Development Permit is a violation of Chapter 18.96 of the Deschutes County Code. The Community Development Department may issue stop-work orders, require corrective elevation, removal, or restoration of unpermitted work, deny or revoke certificates of occupancy, and pursue civil and criminal penalties available under Title 18 enforcement provisions and ORS Chapter 215 county zoning enforcement powers. Persistent non-compliance also exposes the community to NFIP probation or suspension by FEMA, which would eliminate access to subsidized federal flood insurance for property owners countywide. Federally backed mortgages on structures within a mapped SFHA require flood insurance under the Flood Disaster Protection Act; lapses can trigger lender force-placed coverage at higher cost.
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