SENATE BILL REPORT

SB 6179

BYSenators Newhouse, Rasmussen and Barr

Granting a local government option regarding administration of flood plain regulations.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 18, 1990; January 29, 1990

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Patrick, Sutherland.

Senate Staff:Rod McAulay (786-7754); Stephen Nelsen (786-7464)

                  February 8, 1990

AS PASSED SENATE, FEBRUARY 7, 1990

BACKGROUND:

In response to the Federal Flood Insurance Program, now administered by the Federal Emergency Management Agency (FEMA), the State of Washington designated the state Department of Ecology to coordinate statewide flood plain management.  Establishing flood plain management standards which meet the minimum federal standards is a prerequisite to eligibility for national flood insurance and any other federal disaster relief for insurable buildings in flood plains.

While local governments are not required to directly participate in the state program, they are required, under any circumstance, to establish flood plan management regulations which meet the minimum federal standards.  These standards prohibit any construction which would cause a rise in water level in floodways and require that any construction in the flood plain be above a certain elevation.  For example, to build a residence in the fringe area of the flood plain, the owner may have to bring in fill dirt to raise the foundation level above a minimum elevation.

The determination of the location of floodways, floodplains and of minimum elevations is done by FEMA personnel in cooperation with state and local agencies.

SUMMARY:

Local governments may elect not to participate in the national flood insurance program and to not be subject to regulation by the Department of Ecology.  These local governments may then amend their flood regulations to standards below the federal minimums.  One result of this choice is that existing federal flood insurance policies may not be renewed and no new policies written.

The state retains regulatory authority to the extent necessary to assure that the actions of a non-participating local government would not substantially increase the risk of flooding in other jurisdictions.

Participating local governments have the option of regulating only a portion of the one hundred year flood plain rather than all of the flood plain within the local government's jurisdiction.  An election to not subject all of a designated flood plain to regulation would fall below the federal minimum standards and trigger a termination of federal flood insurance.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 12, 1990

Senate Committee - Testified: Clark Sites, Independent Insurance Agents of Washington; Doug Frank, Independent Insurance Agents of Washington; Larry Kunzler; Norm Richardson; Bill Jensen; Bob Heaverlo; Jess Heaverlo; Loren Willis; Chuck Steele, Federal Emergency Management Agency; Elizabeth Tabbutt, Washington Environmental Council