The National Flood Insurance Program (NFIP) provides government-subsidized flood insurance to property owners in participating jurisdictions. The Federal Emergency Management Agency (FEMA) sets standards for development in areas of special flood hazard and prepares Flood Insurance Rate Maps (FIRMs) to define such areas. Local jurisdictions participating in the NFIP shall enforce the FIRMs and generally ensure that buildings and other development in areas of special flood hazard comply with FEMA standards. Shasta County has participated in the NFIP since 1977. FEMA recently completed a new flood study of Cow Creek; new FIRMs were issued based upon this study and the County promptly implemented them for new development.
Shasta County Code Title 17 - Zoning (Code) sets forth the County’s zoning regulations, including the County’s floodplain management program (Program) in Chapters 17.02, 17.22, and 17.70. The Program was first adopted into the Code in 1977 and was last updated in 1997. FEMA has audited the Program on a five-year basis and no deficiencies were identified prior to 2021. In 2021, FEMA audited the Program and identified perceived deficiencies regarding floodplain management. FEMA particularly cited “auto-adopt” language in the Code, whereby new FIRMs are automatically incorporated and implemented in the Program and concluded that revisions to the Code are required in order to satisfy current NFIP regulations and FEMA requirements. FEMA provided general direction to County staff to aid in preparing proposed amendments to the Code.
On November 11, 2021, FEMA announced that Shasta County would be suspended from the NFIP on December 16, 2021, due to the perceived Code deficiencies. FEMA subsequently suspended the County from participation in the NFIP pending adoption and approval of amendments to the Code. The enactment of an urgency ordinance was determined to be the fastest route available to the County to achieve reinstatement with the NFIP since urgency ordinances become effective immediately upon adoption.
On February 8, 2022, the Board of Supervisors adopted Ordinance No. Shasta County Code (SCC) 2022-02, an urgency ordinance that complied with FEMA’s audit requirements. On February 10, 2022, FEMA reinstated Shasta County’s participation in the NFIP. This reinstatement allowed citizens to once again purchase low cost federally subsidized flood insurance. By statute, Ordinance No. SCC 2022-02 would have no further force and effect 45 days from its adoption. Therefore, on March 14, 2022, the Board of Supervisors adopted Ordinance No. 2022-03, an urgency ordinance that extended Ordinance No. SCC 2022-02 for an additional 10 months and 15 days. This extension was necessary in order to ensure that Shasta County remains reinstated in the NFIP while a permanent ordinance is reviewed by the Shasta County Planning Commission, pursuant to Government Code section 65854 and 65855, and subsequently considered by the Board of Supervisors for adoption pursuant to Government Code sections 65856 and 65857.
The Planning Commission reviewed this ordinance on June 9, 2022 and made no suggested changes. By a unanimous vote, the Commission recommended that the Board of Supervisors approve Amendment 22-0002.
The proposed ordinance is the unedited version of the adopted and extended urgency ordinance by the Board, which has been reviewed and approved by FEMA. The proposed ordinance spans four chapters, capturing existing practices by the County; clarifying roles and responsibilities of Public Works and Resource Management; and adding and amending definitions for consistency with state and federal definitions.
Environmental Determination - Adoption of the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) since it can be seen with certainty that this ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and there is no possibility the activity may have a significant effect on the environment.
General Plan Consistency - The ordinance is consistent with the Shasta County General Plan on the basis that the ordinance protects health and safety, both on-site and downstream, from flooding through floodplain management which regulates the types of land uses which may locate in the floodplain and prescribes construction designs for floodplain development (Objective FL-1).