Lawsuit: Flood insurance rules subvert Oregon farmland protections
A group of local governments in
The
The organization represents
The flood insurance restrictions "will undermine that land use system, forcing urban development to expand into areas that have been recognized and preserved as a combination of rural and resource lands, including agricultural lands and forestry lands," the group's complaint said.
The nonprofit is asking a federal judge in
Representatives of
The controversy stems from a legal settlement that environmental advocates struck with
To discourage housing construction and other development that degrades stream habitat and water quality, federal biologists recommended the insurance program incorporate measures to protect floodplains in 2016.
The plaintiff alleges this "biological opinion" suffers from serious deficiencies by attributing all floodplain development to the national flood insurance program, or NFIP, even though some has occurred without such assistance.
"The biological opinion fails to take into consideration the existing conditions in
The lawsuit claims that
The federal law governing the insurance program doesn't authorize
Under the agency's new regulations, communities that participate in the insurance program must prohibit development within "riparian buffer zones." In other cases, they must require mitigation to ensure "no net loss" occurs to floodplains.
Plaintiffs' case
The plaintiff alleges these and other measures will effectively dictate how
"Limitations on development within floodplains may redirect development to other areas, namely on lands outside of the mapped floodplain," the lawsuit said. "Both the restrictions on development within the floodplain and potential inducement to development outside the floodplain will have impacts on the natural and human environment."
Aside from endangering the ability of landowners to obtain flood insurance, these and other restrictions will render the development of their properties "cost-prohibitive or infeasible" despite the state's housing shortages, the plaintiff claims.
By limiting floodplain development within cities, the regulations will impair its agricultural preservation policies, according to the preliminary injunction motion.
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