Tumwater Planning Commission recommends updates to floodplain overlay code

Tumwater Planning Commission recommended to the city council on Tuesday, February 13, the approval of an ordinance amending Chapter 18.38 of the Tumwater Municipal Code (TMC), which deals with the city’s floodplain overlay regulations.

TMC 18.38 sets minimum standards to protect developments from flood damage and ensure that developments do not adversely affect floodplains.

The code also establishes a permitting system as an additional level of review for proposed developments in areas prone to flooding, as well as protected areas like riparian habitat zones and channels for migratory species.

The proposed changes to the chapter will reflect the current standards of the Federal Emergency Management Agency (FEMA) to ensure that property owners in Tumwater can continue to benefit from the National Flood Insurance Program (NFIP).

FEMA identified new flood hazard determinations for the county in November 2023, which the city would have to adopt before they take effect on May 8 this year.

Planning Manager Brad Medrud explained that these determinations include a map showing which properties are in the floodplains and a flood insurance study detailing how the map was generated.

As part of the proposed changes, the city is adding additional design and construction standards for residential and non-residential structures, garages, manufactured homes, and detached accessory structures in applicable areas.

The changes also clarify that new construction or substantial improvements are only permitted if an engineer certifies that the project would not increase flooding levels.

A new section will also be added to prohibit hazardous material storage unless safety measures are in place to prevent the material from floating should a flood occur.

Other changes to the chapter include new subsections on the permit application process and new public record requirements.

The commission recommended removing from TMC 18.38 monetary fines and jail time for any violations of the regulations. Medrud explained that Title 1 or General Provisions of the TMC provides enough provisions to deal with these violations.

The commission held a public hearing for the ordinance before recommending it for approval. No one was present at the hearing to give their comments.

The ordinance will now be forwarded to the city council, which is scheduled to hold a work session on the topic on March 12 before considering it for adoption on March 19.The Washington  Department of Ecology determined that the city needed to update its floodplain overlay to current FEMA standards after conducting a field review in May 2023.