County gives $5,000 toward floodplain litigation

THE DALLES — Wasco County commissioners voted March 18 to send $5,000 to Oregonians for Floodplain Protection, a coalition challenging how federal regulators plan to carry out Oregon floodplain rules intended to protect endangered salmon and steelhead habitat, and the Southern Resident killer whales that depend on those fish as prey.

In October of last year, the county joined several Oregon jurisdictions in opposing a move by the U.S. Federal Emergency Management Agency, which may require new Endangered Species Act’s habitat protection standards for the National Floodplain Insurance Program. These requirements aim to keep the flood zone accessible to salmonid species by applying a “no net-loss standard,” meaning no new removal of vegetation or surface area taken up by buildings or impenetrable pavements that would impede salmon runs or alter water quality.

On their website, Oregonians for Floodplain Protection argue that this potential change “threatens Oregonians’ ability to obtain critical federal flood insurance while forcing potential harmful land use regulations on our communities.”

While Wasco County’s financial contribution to opposition efforts had been previously promised in August 2024, the county waited to make the actual donation “to better understand the litigation strategy, which was not at that time complete,” says a staff memo in the board packet.

Now, Community Development Director Kelly Howsley-Glover recommended making the donation, telling the commissioners.

“The goal of that litigation is, if not to stop the biological opinion from moving forward, at least to offer some more palatable solutions for our communities in Oregon,” she said.

Lawsuits and bills

March 9, congressman Cliff Bentz introduced House Resolution 7862, a bill to block FEMA’s application of the Endangered Species Act to the flood insurance program. If passed, this legislation would exempt FEMA from having to consult with the National Marine Fisheries Service or any agency on the flood insurance program’s impacts to endangered species. This bill was referred on March 9 to the House Committee on Financial Services where it currently remains.

Bentz has introduced multiple pieces of legislation during his tenure related to the Endangered Species Act, including working to delist the Grey wolf and limit habitat designations for the Northern Spotted owl.

Meanwhile, Oregonians for Floodplain Protection filed a lawsuit in January 2025 which is still ongoing, arguing that federal agencies went too far, both scientifically and legally.

The suit argues the biological opinion overstates the harm to protected fish and orcas, and that FEMA is trying to force Oregon communities to adopt new floodplain limits through an allegedly improper federal process.

The next hearing for this case is April 30.

Wasco County backs the opposition

Commissioner Phil Brady signaled his support for Oregonians for Floodplain Protection’s efforts, saying a contribution would be not only for Wasco County but also an act of solidarity with the other counties voicing opposition.

“I have gotten to know coastal counties and their problems. It’s a very serious problem for them,” he said. Justesen also spoke out in agreement.

The planning department has previously identified 30 properties in the Tygh Valley, Wamic and Pine Hollow that would be required to apply no-net loss standards: 10 commercial and 29 residential.

FEMA estimates that new construction on these properties may experience price increases as high as 28.8%. If those property owners don’t follow the standards, they could lose the National Flood Insurance Program’s coverage of up to $250,000 for residential structures and $500,000 for commercial.

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