Amendments to Washington’s Floodplain Management Law – Floodway prohibition waivers for residential flood mitigation
Agency
Ecology, Department of
Title of action
Amendments to Washington’s Floodplain Management Law – Floodway prohibition waivers for residential flood mitigation
Date significant agency action was initiated
Tuesday, February 11, 2025
Category
Significant legislative rules
Brief description of significant agency actions for which the agency is initiating an environmental justice assessment.
Ecology is leading an expedited rulemaking to reflect a 2024 amendment to the state’s floodplain management law (RCW 86.16) that occurred with the passage of Senate Bill 5649. Through this rulemaking, Ecology will make minor changes to Chapter 173-158 WAC. The new rule will make it possible for Ecology to issue a waiver that would allow some lower-risk homes located in FEMA-designated “floodways” to be structurally altered (for example, through home elevation) to make the homes safer from future flood events, as long as other requirements of the local land use authority (county, city, or town) are met. The current rules only allow Ecology to issue such a waiver to make these structural changes after a home has been damaged by flooding, not beforehand.
The new rule is also expected to make it more likely that lower value homes would be eligible for the waiver. The current rule applies statewide, but only affects areas that currently have mapped FEMA floodways, and/or any future FEMA-mapped floodway. The new rule would apply to the same areas.
Methods for providing public comment for agency consideration as part of the environmental justice assessment.
Ecology will notify the public of this rulemaking through various outreach efforts and online resources, including engagement with the Washington State Association of Counties and the Association of Washington Cities. Ecology will solicit public input through agency webpages and written comments submitted via mail. To request more information about this rulemaking please contact Jonathon Loos at Jonathon.loos@ecy.wa.gov.
Link to agency webpage where the action is posted.
Status
