Home / Local News / No flood insurance, no new buildings for cities
February 23, 2012
By Michele Mihalovich
Sixteen cities, including North Bend and Snoqualmie, have been granted a motion to intervene in the National Wildlife Federation?s attempt to get an injunction against the Federal Emergency Management Agency.
According to court documents filed with the U.S. District Court for the Western District of Washington in Seattle, the federation claims that FEMA is violating the Endangered Species Act by continuing to issue flood insurance for new developments in the Puget Sound region.
Bob Sterbank, an Issaquah attorney representing the 16 cities, said the motion to intervene was granted Feb. 9.
He said the intervention means the cities are now parties to the case and have the right to present evidence, testimony and arguments to defend against the federation?s complaint.
Duncan Wilson, North Bend city administrator, said the federation is requesting an injunction against FEMA, which administers the National Flood Insurance Program, to prevent flood insurance being granted for new construction in floodplains.
?Our entire downtown is in a floodplain, which means the entire area would be unbuildable,? he said. ?Some are suggesting that people just go ahead and build without flood insurance, but no bank is going to loan money for a construction project without flood insurance.?
The federation?s complaint against FEMA indicates that the agency?s continuing issuance of flood insurance is hurting salmon numbers, which also affects orca whales that feed on the fish.
Wilson said that issue shouldn?t even be a consideration in North Bend since the city is upriver of Snoqualmie Falls, which ends the salmon migration journey.
?We don?t live in an area that has an impact on fish that other places may,? he said. ?To restrict us from building here would be unfair. We feel it?s appropriate to protect property owners.?
Plus, Wilson said, the city has a comprehensive plan, mandated by the state?s Growth Management Act, and is in the process of updating its Floodplain Management Plan, and both promote responsible development and protects fish habitat.
Attorney Sterbank also said the federation?s requested injunction would also bar any changes to FEMA?s flood maps.
?This means that if property was incorrectly designated as being within the floodplain, the injunction would prevent FEMA from changing the map to remove the property from the floodplain,? he said.
FEMA, in its answer to the federation?s complaint, denies many of the allegations, saying the federation relied on outdated and incorrect information.
The document further states that the court lacks jurisdiction over some of the federation?s claims, the federation lacks standing and failed to state a claim where relief could be granted.
Sterbank said oral arguments are set for March 27.
Other cities that joined forces in the intervention include Arlington, Auburn, Burlington, Everett, Federal Way, Kent, Lake Forest Park, Mount Vernon, Orting, Port Angeles, Puyallup, Renton, Sultan and Tukwila.
Wilson said all of the cities are sharing in the legal fees and he expects North Bend?s portion to be between $15,000 and $20,000.
Joan Pliego, communications coordinator for Snoqualmie, referred questions about the intervention to the city?s attorney, who is out of town until Feb. 23., after the Star?s deadline.
Written by Michele Mihalovich ? Filed Under Local News?
Copyright 2010 by Issaquah Press Inc. All rights reserved. This material may not be published, rewritten or redistributed without permission. E-mail editor@isspress.com
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Source: http://snovalleystar.com/2012/02/23/no-flood-insurance-no-new-buildings-for-cities
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