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HomeMy WebLinkAboutres2000-026WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -185 CLEARANCES Initiat Date Date Rerdved In Caunnt tre A nda Dale Assi nedto.- Ur%gtnIXar: Jeff Monsen �7�0 0 p r 2/2000 Introduction Orvirton Read: f V LC, D4ptneaa r APR 25 2000 Jeff Monsen *1 Y7�o j 5/16/2000 Hearing/Council Proserumr / Dan Gibson q!7(U0 wHATCO,"toii COUNT Purcbasing/RUdgd: ,/�,� ara COUNCIL Fxeortivc SUBJECT: Land and Easement Acquisition and Flood Mitigation Assistance Program ATTACHMENTS: Resolution Cover memo Related County Contract #: Should Clerk schedule a hearing: N011 YES I ✓ Requested Dare: �JMMARYSTATEMENT, The Land and Easement Acquisition and Flood Mitigation Assistance Program sets forth policies to be applied to acquisition and mitigation assistance program efforts. Ordinacett eso in To keep down our c' Py1ng roan, n etrcac ter Coumdaction. 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ACTION TAKEN: Prosecutor 2000 -135 5212000: Introduced lUbhc Works Je Monsen 5/162000: Approved 5 -1, Brenner opposed, Nelson absent, r, Sherill Res. #2000-026 Supenor Coon Treasarer Other Rr NGFNM 8Ir14 Ordinance or Re lw (this item): Number _ 02 (0 SPONSORED BY: Public Works PROPOSED BY: Public Works INTRODUCTION DATE: May 2, 2000 3 A Resolution by the Governing Body 6 of the County -wide Flood Control Zane District 7 hereinafter referred to as the 8 Whatcom County Flood Control Zone District (WCFCZD) 9 10 RESOLUTION NO. 2000 -026 11 12 ADOPTING LAND AND EASEMENT ACQUISITION AND 13 FLOOD MITIGATION ASSISTANCE PROGRAM 14 15 WHEREAS, the WCFCZD Lower Nooksack River Comprehensive Flood Hazard Management 16 Plan (CFHMP), adopted on November 9, 1999, by Resolution No. 99 -057, includes property buyouts and 17 flood protection assistance as integral components in the recommended plan; and, 18 19 WHEREAS, adoption of policies pertaining to property buyouts and flood protection assistance is 20 a requirement in order to be eligible for federal and state financial assistance in implementing such 21 programs; and, 22 23 WHEREAS, on February 2, 2000, the Flood Control Zone District Advisory Committee 24 recommended the adoption of the Land and Easement Acquisition and Flood Mitigation Assistance 25 Program attached hereto as Exhibit A; and, 26 27 WHEREAS, a public hearing was held on May 2, 2000. 28 29 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District 30 Board of Supervisors that the Whatcom County Land and Easement Acquisition and Flood Mitigation 31 Assistance Program, attached hereto as Exhibit A, is hereby adopted as guidance for implementation of 32 such a program. 33 34 APPROVED this 16 day of May , 2000. 35 36 WHATCOM COUNTY FLOOD CONTROL 37 ZONE DISTRICT BOARD OF SUPERVISORS 38 ATTEST: 39 WHATCOM COUNTY, WASHINGTON 40 O 41 42 Dana town- Davis, County Clerk Wo 43 M lane Dawson, Council Chair 44 45 APP OVED AS TO FORM: 46 47 48 Civil Deputy Prosecuting Attorney Whatcom County Land and Easement Acquisition and Flood Mitigation Assistance Program Purpose Whatcom County recognizes the need for a land and easement acquisition and flood mitigation assistance program as a component of effective planning for flood hazard reduction. The Whatcom County Flood Control Zone District's (WCFCZD) Lower Nooksack River Comprehensive Flood Hazard Management Plan (CFHMP) includes property buyouts and flood protection assistance as integral components in the recommended plan. This program is not intended to result in the County becoming a major landholder; however, in some instances property acquisition is the most cost - effective option for flood hazard reduction. Potentially, land acquisition of flood -prone properties can also provide opportunities for multiple- objective projects. For example, acquisition of critical salmon habitat to ensure its protection or provide opportunities for restoration will be an integral part of the County effort to recover Nooksack River salmon stocks. As other long -term planning efforts are undertaken in the County, acquisition projects may provide opportunities for storage for water supply, aquifer recharge, wetland mitigation banking and recreation, among others. This program establishes a mechanism for acquiring properties and easements, which would result in a reduction of future flood damages or a reduction in flood repair or protection expenditures. In addition, it provides a means for the County to provide assistance in elevation, relocation and floodproofing of structures subject to flood damage. The program also includes methods for identifying and allocating funding resources and for prioritizing acquisition and mitigation projects. Although the impetus to develop the program has resulted from planning efforts on the Nooksack River, the program is applicable to all properties within Whatcom County. Program Policies The following policies are applicable to acquisition and mitigation assistance projects under this program: • The project should be the recommended alternative in an analysis of options for reducing the flood hazards in the affected area. • Flood damage reduction benefits along with other benefits associated with habitat Protection and recreational opportunities should offset the long -term costs. Except under very limited circumstances, County acquisition of structures and properties should be voluntary on the part of the property owner. Condemnation should be considered only as a last resort and under the following circumstances: 1. Federal, state or local regulations prohibit reconstruction of buildings Exhibit A - WCFCZD Resolution No. Page I of 2. The property in question is causing significant flood damage to other properties 3. A property owner refuses to sell an area needed to complete a capital improvement project that will benefit a majority of property owners. • Open land created by the relocation or acquisition of structures should either be put in an easement dedicated to the County (if the structure is relocated to another site on the same lot), or be owned and managed by Whatcom County, other municipal parks departments, or local non -profit conservancy groups as open space, riparian corridor, agriculture or recreational areas. Funding Whatcom County staff will attempt to identify available funding sources for land and easement acquisition and will leverage County resources to the maximum extent possible. Primary funding sources for flood hazard reduction acquisition and mitigation projects are the Hazard Mitigation Grant Program (HMGP) and Community Development Block Grunt Program (CDBG). Numerous other funding sources are available for habitat protection and restoration projects. Funding of individual projects will be based on eligibility requirements of funding Programs identified for a given acquisition project and the priorities established as part of this program. Eligibility for Program Projects will be considered eligible for Whatcom County's Land and Easement Acquisition and Flood Mitigation Assistance Program if they will provide the opportunity to reduce either future flood damages or flood repair expenditures. Project eligibility will also be based on the eligibility requirements inherent in the particular programs identified for outside funding. For example, some federal buyout programs require homes to carry flood insurance to be eligible for funding. Prioritization of Projects For the purposes of this program, projects may include efforts to protect a targeted block of properties or efforts to protect an individual property. Projects will be prioritized and ranked based on their potential for reducing future flood damages and expenditures. Additional consideration will also be given to other objectives for projects having multiple objectives. For example, projects having an additional fish habitat restoration component will be ranked by a separate habitat ranking criteria. Their habitat priority will be incorporated into the flood prioritization. In some instances, County flood funds may be used as a local match for a habitat enhancement project of lower priority on the flood priority list if the amount of flood funds to be used can be justified from a cost - benefit analysis of flood benefits. For example, if an agency involved in habitat enhancement receives a grant for $100,000 for land acquisition which requires a 20% local match, they can request funding under this Exhibit A - WCFCZD Resolution No. Page 2 of program. In order for flood funds to be used as the local match, the acquisition project must provide for at least $20,000 of flood benefits. Flood benefits can be estimated from historical flood damage claims, historical repair projects and future flood damage potential. Prioritization for Flood Hazard Reduction Prioritization for flood hazard reduction will consider the project's potential for mitigating threats to public safety and future flood damages, and avoiding future flood repair or protection expenditures. Evaluation of the potential for flood damage reduction will consider both the removal of structures likely to be flooded on the property, and the opportunities for reconfiguring the property to reduce flood damages on adjacent properties. Ideally, this evaluation would be based on the results of hydraulic modeling. Because the County is currently in the process of developing a hydraulic model, this type of information is not available at this time. Until it becomes available, historic information and predicted hazards based on the best available information will be used to prioritize projects. Prioritization for Other Multiple Objectives Acquisition of land or easements for protecting critical salmonid habitat will be evaluated and ranked according to a number of factors. These include type of habitat being preserved as well as the quality of the habitat and degree of restoration required to maximize ecological functions. Parcel size, location relative to other high quality habitat, and the degree of threat to habitat degradation will also be considered in the ranking process. The prioritization method for fish habitat protection and enhancement is being developed in conjunction with the County's salmon recovery efforts. The priorities established through implementation of fish habitat prioritization method will be incorporated into the priorities established under this program. In addition, opportunities for other beneficial uses like water supply storage and recreation will be reflected in the prioritization method. Administration Property owners can request consideration for buyout or mitigation assistance by completing a Request for Flood Protection Assistance. In addition, as part of the County's comprehensive flood management planning, specific areas may be targeted for buyout or some other type of flood protection assistance (e.g. elevation or floodproofing). Whatcom County will prioritize acquisition and assistance projects and maintain a priority list. Once a potential funding source is identified, property owners will be contacted to verify that they are still willing to participate. For buyouts, an independent appraisal will be performed at county expense to establish the basis for the property's fair market value. A restrictive covenant will be attached to the deed of any acquired or burdened property, requiring the property to remain in open space for perpetuity. Once the property owner and the County agree to the purchase Exhibit A — WCFCZD Resolution No. Page 3 of price, closing will occur. The property owner will be given the option of buying back the structure and relocating the structure at his own expense within a designated timeframe. In some instances, the public may be given an opportunity to bid on the structures, but the seller will always be given the first right of refusal to buy back the structures. If the structure is not relocated, it will be demolished by the County or other agency holding title to the property. For home elevations and floodproofing assistance, the County will apply for mitigation grant funding on behalf of the property owner(s) for the highest priority projects. If funded, the County will enter into an agreement with the property owner to pass the grant monies through to the property owner as the work is completed. It will be the responsibility of the property owner to select and hire the contractor to perform the work. Exhibit A - WCFCZD Resolution No. Page 4 of WHATCOM COUNTY PUBLIC WORKS DEPARTMENT a WHATCOM COUNTY COURTHOUSE 177 Grand Avenue �z ? Bellingham, WA 98225 -4038 9`SNINGt° JEFFREY M. MONSEN, RE. Director MEMORANDUM TO: The Honorable Pete Icemen, County Executive, and Honorable Members of the Wh\atc(o�m County Council FROM: Jeffrey M. Monsen, Director l, 11 1 DATE: April 7, 2000 1 RE: Whatcom County Land and Easement Acquisition and Flood Mitigation Assistance Program Phone: (360)6766692 Coun(y:O60)39 8-1310 FAX: (360) 7384561 The Whatcom County Flood Control Zone District's (WCFCZD) Lower Nooksack River Comprehensive Flood Hazard Management Plan (CFHMP) includes property buyouts and flood protection assistance as integral components in implementation of a comprehensive program. Adoption of policies addressing this matter is also consistent with federal and state guidance which encourages flood hazard management strategies that, over time, reduce risks and costs to the public. Adoption of such policies also strengthens the County's position in holding down the cost of flood insurance premiums for all residents of the County. Federal and state resources being available to simply repair any or all damage as a result of a disaster is becoming less certain. Even though restoration resources will continue under the National Flood Insurance Program, with adoption of this program individuals within the community will also become eligible for grant programs designed specifically for mitigating damage on a longer term basis, such as a voluntary buyout. If you have any questions please do not hesitate to call. Appropriate staff will be available at the time of the public hearing. cc: Dick Prieve Paula Cooper Ron Bronsma A