One Water Framework Integrating Floodplain & Stormwater Management

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1 One Water Framework Integrating Floodplain & Stormwater Management Sara O Brien May SW Macadam Ave., Suite 50, Portland, OR T: F: W:

2 One Water All water has value Focus on achieving multiple benefits Systems mindset Watershed-scale thinking & action Partnerships and inclusion

3 One Water A case study from Oregon: What happens when we don t look at water this way? What might it look like if we start to?

4 Water Silos in Oregon Quality vs. quantity Point source vs. non-point Water management vs. fisheries management Floodplain vs. stormwater management Urban vs. rural Federal vs. state vs. local

5 Water Silos in Oregon

6 Oregon s Clash of the Titans Or: When Good Policies Do Bad Things National Flood Insurance Program State and local land use policies Endangered Species Act Clean Water Act (MS4)

7 National Flood Insurance Program Make flood insurance available nationwide Minimize risks: Encourage land use decisions that restrict floodplain development Guide development away from flood hazards Encourage lending and credit institutions to assist these objectives

8 State and local land use policies Cities routinely build in the floodplain. That's not an act of God; that's an act of City Council. - Kamyar Enshayan, 2008

9 State and local land use policies Oregon-Specific Challenges In Oregon: Urban growth boundaries with teeth Prioritization of ag and forestry uses Constitutional limits on land-use regulations Lots of geographically constrained communities High population growth Shortage of affordable housing and employment lands Pretty hard to steer development away from high-hazard areas

10 State and local land use policies Oregon-Specific Challenges In Oregon: Urban growth boundaries with teeth Prioritization of ag and forestry uses Constitutional limits on land-use regulations Lots of geographically constrained communities High population growth Shortage of affordable housing and employment lands Hard to steer development away from high-hazard areas

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13 Oregon: NFIP meets the ESA Listed fish and people are trying to use the same real estate during a flood Human uses of floodplains affect instream habitat

14 Endangered Species Act ESA Commandment for Everyone: Do not take (harm, harass, kill, make fun of) listed species Risk of third-party litigation is low, but not zero.

15 Endangered Species Act ESA Commandments for Federal Agencies: Do not jeopardize the species Do not adversely modify critical habitat Federal agencies can t fund, authorize, or carry out any action likely to adversely affect a listed species without consulting with USFWS or NMFS.

16 Endangered Species Act Enter the third parties: Q: Is NFIP a federal action? A: Yes. Q: Did FEMA consult with NMFS (prior to litigation)? A: Nope. Q: Does FEMA s implementation of NFIP jeopardize species or adversely modify critical habitat? A: Yes.

17 Oregon Biological Opinion on NFIP The NFIP leads to development in the floodplain environment. Jeopardy for 17 fish species and killer whale Adverse modification of critical habitat for 16 species

18 Oregon Biological Opinion on NFIP Reasonable and Prudent Alternative: Better mapping, technical guidance, reporting Avoid development impacts to natural floodplain functions Provide compensatory mitigation for stormwater infiltration, flood storage, riparian vegetation

19 Oregon Biological Opinion on NFIP Mitigate stormwater impacts through: Pervious pavement Remove equivalent new impervious LIDA or GI practices Stormwater detention & treatment

20 Clean Water Act - Stormwater MS4 Permit Requirements Phase 1 renewals Phase 2 development Lots of non-ms4 communities Photo Courtesy of City of Charlotte VA

21 Clean Water Act - Stormwater Can we crosswalk BiOp & MS4 compliance?: MS4 Non MS4 Construction & industrial SW permitting and/or TMDLs and Stormwater design standards from nearest permitted jurisdiction Photo Courtesy of City of Charlotte VA

22 One Water Framework

23 What Would One Water Do? Natural and green infrastructure Floodplain restoration for multiple benefits Smarter grey infrastructure and better mitigation Integrated watershed plans Dovetailing regulatory requirements Consider human health, economic development, public safety benefits Outreach and education

24 What Would One Water Do? Models: Washington: Pierce and King Counties, Yakima Basin Integrated Plan Ohio: Guidance on floodplain restoration for stormwater management City of Portland, Oregon: Foster Floodplain, Lents Stabilization Midwest and Gulf Coast: Mixing structural and natural, using local ordinances [Your city or state here!]

25 Thank you Sara O Brien obrien@willamettepartnership.org