Oregon 
Theodore R KjibngDski, Governor 
NOTICE OF ADOPTED AMENDMENT 
Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lcd.state.or.us 
Mis. 
8/30/2010 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of Umatilla Plan Amendment 
DLCD File Number 001-10 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday, September 09, 2010 
This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) 
only persons who participated in the local government proceedings leading to adoption of the amendment 
are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Linda Gettman, City of Umatilla 
Gloria Gardiner, DLCD Urban Planning Specialist 
Chris Shirley, FEMA Specialist 
Grant Young, DLCD Regional Representative 
<paa> YA 
S 2 DLCD 
Notice of Adoption 
I I In person Q electronic Q mailed 
This Form 2 must be mailed to DLCD within 5-Working Days after the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
A 
T 
E 
S 
T 
A 
M 
P 
DEPT OF 
AUG 2 3 2010 
LAND CONSERVATION 
AND DEVELOPMENT 
Tor Ol ti co uso Only 
Jurisdiction: City of Umatilla Local file number: Ordinance #759 & 760 
Date of Adoption: August 17, 2010 Date Mailed: August 19, 2010 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? X Yes • No Date: July 22, 2010 
• Comprehensive Plan Text Amendment G Comprehensive Plan Map Amendment 
X Land Use Regulation Amendment X Zoning Map Amendment 
G New Land Use Regulation G Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Adoption of a new floodplain ordinance, floodplain study, and floodplain maps in order to comply with FEMA 
requirements. The Ordinances are attached and the floodplain maps are incorporated by reference as "The 
Flood Insurance Study for Umatilla County, Oregon and Incorporated Areas, dated September 3, 2010. 
The floodplain study and new floodplain maps for the City of Umatilla are available at DLCD through the 
Natural Hazard Coordinator. 
Does the Adoption differ from proposal? Please select one 
NO 
Plan Map Changed from: to: 
Zone Map Changed from: to: 
Location: Acres Involved: 
Specify Density: Previous: New: 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
• • • • • • • • • • • • • • • • • • • 
Was an Exception Adopted? • YES X NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? X Yes G No 
If no, do the statewide planning goals apply? G Yes G No 
If no, did Emergency Circumstances require immediate adoption? G Yes G No 
DLCD File No. 001-10 (18344) [16295] 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
DLCD and DHS/FEMA 
Local Contact: Linda Gettman 
Address: P.O. Box 130 
City: Umatilla Zip: 97882 
Phone: (541) 922-3226 Extension: 
Fax Number: 541-922-5758 
E-mail Address: Linda@umatilla-city.org 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by DLCD no later than 5 days after the ordinance has been signed by the public 
official designated by the jurisdiction to sign the approved ordinance(s) 
per ORS 197.615 and OAR Chapter 660. Division 18 
1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting, please print this Form 2 on light green paper if available. 
3. Send this Form 2 and One (1) Complete Paper Copy and One (1) Electronic Digital CD (documents and 
maps) of the Adopted Amendment to the address in number 6: 
4. Electronic Submittals: Form 2 - Notice of Adoption will not be accepted via email or any 
electronic or digital format at this time. 
5. The Adopted Materials must include the final decision signed by the official designated by the jurisdiction. 
The Final Decision must include approved signed ordinance(s), finding(s), exhibit(s), and any map(s). 
6. DLCD Notice of Adoption must be submitted in One (1) Complete Paper Copy and One (1) 
Electronic Digital CD via United States Postal Service, Common Carrier or Hand Carried to 
the DLCD Salem Office and stamped with the incoming date stamp, (for submittal instructions, 
also see # 5)] MAIL the PAPER COPY and CD of the Adopted Amendment to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
7. Submittal of this Notice of Adoption must include the signed ordinance(s), finding(s), exhibit(s) and any other 
supplementary information (see ORS 197.615 ). 
8. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) of adoption 
(see ORS 197.830 to 197.845 ). 
9. In addition to sending the Form 2 - Notice of Adoption to DLCD, please notify persons who participated in 
the local hearing and requested notice of the final decision at the same time the adoption packet is mailed to 
DLCD (see ORS 197.615 ). 
10. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. You may also 
call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518. 
ORDINANCE NO. 759 
AN ORDINANCE ADOPTING A FLOOD INSURANCE STUDY AND FLOOD INSURANCE 
RATE MAP FOR THE CITY OF UMATILLA AND DECLARING AN EMERGENCY 
THE CITY OF UMATILLA DOES HEREBY ORDAIN AS FOLLOWS: 
Section 1. The Flood Insurance Study is hereby attached hereto and marked for 
identification as Attachment A. 
Section 2. The Flood Insurance Rate Map is hereby modified as shown on the map 
attached hereto and marked for identification as Attachment B. 
Section 3. All previous Flood Insurance Rate Maps of the City of Umatilla are 
hereby repealed. 
Section 4. Emergency Clause. Passage of this ordinance is immediately 
necessary for protection of the health, safety and welfare of the citizens of the City of 
Umatilla, and an emergency is declared to exist and this ordinance shall b e immediately 
effective. 
PASSED and adopted by the Council this 17th day of August, 2010. 
Voting yes, Council Members: Cindy Roxbury, Bill Meade, George Fenton 
and Steve Johnson 
Voting no, Council Members: 
Abstaining Council Members: 
Absent Council Members: Dick Stokoe and Daren Dufloth 
And SIGNED by the Mayor this 17th day of August, 2010. 
WM. M. MEADE, COUNCIL PRESIDENT 
ATTEST: 
ORDINANCE NO. 760 
AN ORDINANCE TO UPDATE CHAPTER 12 OF THE UMATILLA CITY CODE TO BE 
IN COMPLIANCE WITH FEMA REGULATIONS 
THE CITY OF UMATILLA DOES ORDAIN AS FOLLOWS: 
Section 1. Chapter 12 of the Umatilla City Code is hereby omitted and replaced with the 
following text: 
FLOOD CONTROL 
SECTION: 
12-1-1: Statutory Authorization, Findings of Fact, Purpose, and Objectives 
12-1-2 Definitions 
12-1-3 General Provisions 
12-1-4 Administration 
12-1-5 Provisions for Flood Hazard Reduction 
12-1-6 Variance and Appeal Procedures 
12-1-7 Penalties for Violations 
12-1-8 Severability 
12-1-9 Abrogation and Greater Restrictions 
12-1-1: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND 
OBJECTIVES 
Statutory Authority. The State of Oregon has delegated the responsibility to local governmental 
units to adopt regulations designed to promote the public health, safety, and general welfare of 
its citizenry. Therefore, the City of Umatilla does ordain as follows: 
A. Findings of Fact. 
1. The flood hazard areas of the City of Umatilla are subject to periodic inundation that 
results in loss of life and property, health and safety hazards, disruption of commerce 
and governmental services, extraordinary public expenditures for flood relief and 
protection, and impairment of the tax base, all of which adversely affect the public 
health, safety and general welfare. 
2. These flood losses are caused by structures in flood hazard areas, which are 
inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, 
and by the cumulative effect of obstructions in floodplains causing increases in flood 
heights and velocities. 
3. The City of Umatilla has the primary responsibility for planning, adoption and 
enforcement of land use regulations to accomplish proper floodplain management. 
B. Statement of Purpose 
Ord,#760 Page l 
1. The obj ectives of this ordinance are to: 
2. Protect human life, health and property; 
3. Minimize damage to public facilities and utilities such as water purification and sewage 
treatment plants, water and gas mains, electric, telephone and sewer lines, streets and 
bridges located in floodplains; 
4. Help maintain a stable tax base by providing for the sound use and development of 
flood prone areas; 
5. Minimize expenditure of public money for costly flood control projects; 
6. Minimize the need for rescue and emergency services associated with flooding and 
generally undertaken at the expense of the general public; 
7. Minimize unnecessary disruption of commerce, access and public service during times 
of flood; 
8. Ensure that potential buyers are notified that property is in an area of special flood 
hazard; 
9. Ensure that those who occupy the areas of special flood hazard assume responsibility 
for their actions, and; 
10. Manage the alteration of flood hazard areas, stream channels and shorelines to 
minimize the impact of development on the natural and beneficial functions of the 
floodplain. 
C. Methods of Reducing Flood Losses 
1. In order to accomplish its purpose, this ordinance includes methods and provisions to: 
a. Require that development that is vulnerable to floods, including structures and 
facilities necessary for the general health, safety and welfare of citizens, be 
protected against flood damage at the time of initial construction; 
b. Restrict or prohibit uses which are dangerous to health, safety and property due 
to water or erosion hazards, or which increase flood heights, velocities, or 
erosion; 
c. Control filling, grading, dredging and other development which may increase 
flood damage or erosion; 
d. Prevent or regulate the construction of flood barriers that will unnaturally divert 
flood waters or that may increase flood hazards to other lands; 
e. Preserve and restore natural floodplains, stream channels, and natural protective 
barriers which carry and store flood waters, and; 
Ord. #760 Page 2 
f. Coordinate with and supplement provisions of Oregon building codes. 
12-1-2 DEFINITIONS 
Unless specifically defined in Article II, words or phrases used in this ordinance shall be 
interpreted according to the meaning they have in common usage. 
"Accessory Structure" means a structure on the same or adjacent parcel as a principal structure, 
the use of which is incidental and subordinate to the principal structure. A separate insurable 
building should not be classified as an accessory or appurtenant structure. 
"Alteration of a Watercourse" includes, but is not limited to, any dam, culvert, impoundment, 
channel relocation, change in channel alignment, channelization, or change in cross-sectional 
area or capacity, which may alter, impede, retard or change the direction and/or velocity of the 
riverine flow of water during conditions of the base flood. 
"Appeal" means a request for review of the Floodplain Administrator's interpretation of 
provisions of this ordinance or request for a variance. 
"Area of Shallow Flooding" means a designated AO or AH Zone on a community's Flood 
Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a 
clearly defined channel does not exist, where the path of flooding is unpredictable and 
indeterminate, and where velocity flow may be evident. 
"Area of Special Flood Hazard" means the land in the floodplain within a community subject to 
a one percent or greater chance of flooding in any given year. Zone designations on FIRMs 
include the letters A or V. Also known as the Special Flood Hazard Area (SFHA). 
"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any 
given year. 
"Base Flood Elevation (BFET' means the water surface elevation during the base flood in 
relation to a specified datum. The Base Flood Elevation (BFE) is depicted on the FIRM to the 
nearest foot and in the FIS to the nearest 0.1 foot. 
"Basement" means the portion of a structure with its floor sub grade (below ground level) on all 
sides. 
"Below-grade Crawlspace" means an enclosed area below the base flood elevation in which the 
interior grade is not more than two feet below the lowest adjacent exterior grade and the height, 
measured from the interior grade of the crawlspace to the top of the crawlspace foundation, does not 
exceed 4 feet at any point. 
"Building" means a building or structure subject to building codes. 
"Building Codes" means the combined specialty codes adopted under ORS 446.062, 446.185, 
447.020 (2), 455.020 (2), 455.496, 455.610, 455.680, 460.085, 460.360, 479.730 (1) or 480.545, 
but does not include regulations adopted by the State Fire Marshal pursuant to ORS chapter 476 
or ORS 479.015 to 479.200 and 479.210 to 479.220. 
Ord. #760 Page 3 
"Coastal High Hazard Area" means an area of special flood hazard extending from offshore to 
the inland limit of a primary frontal dune along an open coast and any other area subject to high 
velocity wave action from storms or seismic sources. The area is designated on the FIRM always 
includes the letter "V". 
"Critical Facility" means a facility that is critical for the health and welfare of the population and 
is especially important following hazard events. Critical facilities include essential and 
occupancy structures, special occupancy structures, essential facilities, transportation systems, 
lifeline utility systems, high potential loss facilities and hazardous material storage facilities. 
"Datum" The vertical datum is a base measurement point (or set of points) from which all 
elevations are determined. Historically, that common set of points has been the National 
Geodetic Vertical Datum of 1929 (NAVD29). The vertical datum currently adopted by the federal 
government as a basis for measuring heights is the North American Vertical Datum of 1988 
(NAVD88). 
"Development" means any man-made change to improved or unimproved real estate, including 
but not limited to buildings or other structures, mining, dredging, filling, grading, paving, 
excavation or drilling operations or storage of equipment or materials located within the area of 
special flood hazard. Development does not include: 
A. Signs, markers, aids, etc. placed by a public agency to serve the public 
B. Driveways, parking lots, or other open space use areas where no alteration of topography 
occurs; 
C. Minor repairs or improvements to existing structures provided that the alterations do no 
increase the size or intensity of use, and do not constitute repair of substantial damage, or 
substantial improvement as defined in this section; 
D. Customary dredging associated with routine channel maintenance consistent with State or 
Federal laws and permits; 
E. Replacement of utility facilities necessary to serve established and permitted uses; 
F. Accessory residential or noncommercial structures less than 200 square feet in area; 
G. Storage of equipment and material associated with residential uses. 
"Digital FIRM (DFIRMV means Digital Flood Insurance Rate Map. It depicts flood risk and 
zones and flood risk information The DFIRM presents the flood risk information in a format 
suitable for electronic mapping applications. 
"Encroachment" means the advancement or infringement of uses, fill, excavation, buildings, 
permanent structures or other development into a floodway which may impede or alter the flow 
capacity of a floodplain. 
"Elevated Building" means a non-basement building which has its lowest elevated floor raised 
above ground level by foundation walls, shear walls, post, piers, pilings, or columns. 
Ord. #760 Page 4 
"Essential Facility" means: 
A. Hospitals and other medical facilities having surgery and emergency treatment areas; 
B. Fire and police stations; 
C. Tanks or other structures containing, housing or supporting water or fire-suppression 
materials or equipment required for the protection of essential or hazardous facilities or 
special occupancy structures; 
D. Emergency vehicle shelters and garages; 
E. Structures and equipment in emergency-preparedness centers; 
F. Standby power generating equipment for essential facilities; and 
G. Structures and equipment in government communication centers and other facilities 
required for emergency response. 
"Existing Building or Structure" means a structure for which the "start of construction" 
commenced before September 24,1984. 
"Federal Emergency Management Agency (FEMAV' means the agency with the overall 
responsibility for administering the National Flood Insurance Program. 
"Flood" or "flooding" means a general and temporary condition of partial or complete 
inundation of normally dry land areas from: 
A. the overflow of inland or tidal waters; or 
B. the unusual and rapid accumulation or runoff of surface waters from any source. 
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the 
Federal Insurance Administration, delineating the areas of special flood hazard and/or risk 
premium zones applicable to the community. 
"Flood Insurance Study (FIST means the official report by the Federal Insurance Administration 
evaluating flood hazards and containing flood profiles, floodway boundaries and water surface 
elevations of the base flood. 
"Floodway (Regulatory Floodway)" means the channel of a river or other watercourse and those 
portions of the floodplain adjoining the channel required to discharge and store the floodwater or 
flood flows associated with the regulatory flood. 
"Highest Adjacent Grade (HAG)" means the highest natural elevation of the ground surface prior 
to construction, adjacent to the proposed walls of a structure. Refer to the Elevation Certificate, 
FEMAForm 81-31, for HAG for more information. 
Ord. #760 Page 5 
"Historic Structure" means a structure that is: 
A. Listed individually in the National Register of Historic Places (a listing maintained by the 
U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as 
meeting the requirements for individual listing on the National Register; 
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the 
historical significance of a registered historic district or to a district preliminarily determined 
by the Secretary to qualify as a registered historic district; 
C. Individually listed on a state inventory of historic places and determined as eligible by states 
with historic preservation programs which have been approved by the Secretary of the 
Interior, or; 
D. Individually listed on a local inventory of historic places and determined as eligible by 
communities with historic preservation programs that have been certified either: 
1. By an approved state program as determined by the Secretary of the Interior, or; 
2. Directly by the Secretary of the Interior in states without approved programs. 
"Lateral Addition" means an addition that requires a foundation to be built outside of the 
foundation footprint of the existing building. 
"Letter of Map Change (LOMC)" means an official FEMA determination, by letter, to amend or 
revise effective Flood Insurance Rate Maps and Flood Insurance Studies. LOMCs are issued in 
the following categories: 
"Letter of Map Amendment (LOMA)" A revision based on technical data showing that a 
property was incorrectly included in a designated special flood hazard area. A LOMA amends the 
current effective Flood Insurance Rate Map and establishes that a specific property is not located 
in a special flood hazard area; 
"Letter of Map Revision (LOMR)" A revision based on technical data showing that, usually due 
to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway 
delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a 
determination that a structure of parcel has been elevated by fill above the base flood elevation 
and is excluded from the special flood hazard area; 
"Conditional Letter of Map Revision (CLOMR)" A formal review and comment by FEMA as to 
whether a proposed project complies with the minimum National Flood Insurance Program 
floodplain management criteria. A CLOMR does NOT amend or revise effective Flood Insurance 
Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies. 
"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An 
unfinished or flood resistant enclosure used solely for parking of vehicles, building access, or 
storage, in an area other than a basement, is not considered a structure's lowest floor provided 
that the enclosed area is built and maintained in accordance with the applicable design 
requirements of the state building code. 
Ord. #760 Page 6 
"Manufactured Dwelling" means a structure, transportable in one or more sections, built on a 
permanent chassis and designed to be used with or without a permanent foundation when 
connected to the required utilities. The term "Manufactured Dwelling" does not include a 
"Recreational Vehicle." 
"Mean Sea Level" means for purposes of the National Flood Insurance Program, the North 
American Vertical Datum of 1988 or other datum, to which Base Flood Elevations shown on a 
community's FIRM are referenced. 
"Natural Elevation" means the elevation of natural grade, or the grade in existence before 
September 3, 2010. 
"New Construction" means a structure for which the "start of construction" commenced after 
September 3,2010, and includes subsequent substantial improvements to the structure. 
"Recreational Vehicle" means a vehicle that is: 
A. Built on a single chassis; 
B. 400 square feet or less when measured at the largest horizontal projection; 
C. Designed to be self-propelled or permanently towed by a light duty truck, and; 
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for 
recreational, camping, travel, or seasonal use. 
"Special Occupancy Structure" means: 
A. Covered structures whose primary occupancy is public assembly with a capacity greater 
than 300 persons; 
B. Buildings with a capacity greater than 250 individuals for every public, private or parochial 
school through secondary level or child care centers; 
C. Buildings for colleges or adult education schools with a capacity greater than 500 persons; 
D. Medical facilities with 50 or more resident, incapacitated patients not included in 
subparagraphs A. to C. of this paragraph; 
E. Jails and detention facilities; and 
F. All structures and occupancies with a capacity greater than 5,000 persons. 
"Start of construction" includes substantial improvement and means the date the building permit 
was issued, provided the actual start of construction, repair, reconstruction, or improvement was 
within 180 days of the permit date. The actual start means either the first placement of permanent 
construction of a structure on a site, such as the pouring of slab or footings, the installation of 
Ord. #760 Page 7 
piles, the construction of columns, or any work beyond the stage of excavation; or the placement 
of a manufactured home on a foundation. Permanent construction does not include land 
preparation, such as clearing, grading, and filling; nor does it include the installation of streets 
and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations 
or the erection of temporary forms; nor does it include the installation on the property of 
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the 
main structure. For a substantial improvement, the actual start of construction means the first 
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the 
alteration affects the external dimensions of a building. 
"Structure" means a walled and roofed building, a manufactured dwelling, a modular or 
temporary building, or a gas or liquid storage tank that is principally above ground. 
"Substantial Damage" means damage of any origin sustained by a structure whereby the cost of 
restoring the structure to its before-damaged condition would equal or exceed 50 percent of its 
market value before the damage occurred. 
"Substantial Improvement" means reconstruction, rehabilitation, addition, or other improvement 
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure 
before the "start of construction" of the improvement. This term includes structures which have 
incurred "substantial damage," regardless of the actual repair work performed. The market value 
of the structure should be: 
A. The appraised real market value of the structure prior to the start of the initial repair or 
improvement, or 
B. In the case of damage, the appraised real market value of the structure prior to the damage 
occurring. The term does not include either: 
1. A project for improvement of a structure to correct existing violations of state or local 
health, sanitary, or safety code specifications, which have been identified by the local 
code enforcement official and which are the minimum necessary to assure safe living 
conditions, or 
2. Alteration of an Historic Structure, provided that the alteration will not preclude the 
structure's continued designation as an Historic Structure. 
"Variance" means a grant of relief by the governing body from a requirement of this ordinance. 
"Vertical Addition" means the addition of a room or rooms on top of an existing building. 
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic 
feature in, on, through, or over which water flows at least periodically. 
"Water Dependent Use" means a facility that cannot be used for its intended purpose unless it is 
located or carried out in close proximity to water, such as a docking or port facility necessary for 
the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term 
does not include long-term storage, manufacture, sales, or service facilities. 
Ord. #760 Page 8 
"Water Surface Elevation" means the height, in relation to a specific datum, of floods of various 
magnitudes and frequencies in the flood plains of coastal or riverine areas. 
12-1-3 GENERAL PROVISIONS 
A. Lands to Which This Ordinance Applies 
1. This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of 
the City of Umatilla. Nothing in this Ordinance is intended to allow uses or structures 
that are otherwise prohibited by the zoning ordinance or building codes. 
B. Basis for Area of Special Flood Hazard 
1. The Area of Special Flood Hazard identified by the Federal Emergency Management 
Agency in its Flood Insurance Study (FIS) for Umatilla County, Oregon and Incorporated 
Areas, dated September 3, 2010, with accompanying Flood Insurance Rate Maps (FIRM) 
or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are adopted 
by reference and declared a part of this ordinance. The FIS and the FIRM are on file at 
the office of the City of Umatilla, 700 6th Street, PO Box 130, Umatilla, OR 97882. 
C. Coordination with Building Codes. 
1. Pursuant to the requirement established in State statute that the City of Umatilla 
administers and enforces the State building codes, the Council of the City of Umatilla 
does hereby acknowledge that the State building codes contain certain provisions that 
apply to the design and construction of buildings and structures located in Areas of 
Special Flood Hazard. Therefore, this ordinance is intended to be administered and 
enforced in conjunction with the state building codes. 
D. Establishment of Floodplain Development Permit 
1. A Floodplain Development Permit shall be required prior to initiating development 
activities in any Areas of Special Flood Hazard established in Article III Section B. 
2. Any Floodplain Development Permit that requires an engineering certification or 
engineering analysis, calculations or modeling to process shall be considered a land 
use action requiring a quasi-judicial land use hearing. 
E. Interpretation 
1. In the interpretation and application of this ordinance all provisions shall be: 
a. Considered as minimum requirements; 
b. Liberally construed in favor of the governing body, and; 
c. Deemed neither to limit nor repeal any other powers granted under state 
statutes, including state building codes. 
Ord. #760 Page 9 
F. Warning and Disclaimer of Liability 
1. The degree of flood protection required by this ordinance is considered reasonable for 
regulatory purposes and is based on scientific and engineering considerations. Larger 
floods can and will occur. Flood heights may be increased by man-made or natural 
causes. This ordinance does not imply that land outside Areas of Special Flood Hazard 
or uses permitted within such areas will be free from flooding or flood damages. This 
ordinance shall not create liability on the part of the City of Umatilla or by any officer 
or employee thereof for flood damages that result from reliance on this ordinance or 
an administrative decision lawfully made hereunder. 
IV. ADMINISTRATION 
A. Designation of Floodplain Ordinance Administrator 
1. The City Manager is hereby appointed as the Floodplain Administrator who is 
responsible for administering and implementing the provisions of this ordinance. 
B. Duties and Responsibilities of the Administrator 
1. Duties of the Floodplain Administrator shall include, but shall not be limited to: 
2. Review all development permit applications to determine whether proposed new 
development will be located in Areas of Special Flood Hazard; 
3. Review applications for modifications of any existing development in Areas of Special 
Flood Hazard for compliance with the requirements of this ordinance; 
4. Interpret flood hazard area boundaries, provide available flood hazard information, 
and provide base flood elevations, where they exist; 
5. Review proposed development to assure that necessary permits have been received 
from governmental agencies from which approval is required by federal or state law, 
including but not limited to section 404 of the Federal Water Pollution Control Act 
Amendments of 1972, 33 U.S.C. 1334; the Endangered Species Act of 1973,16 U.S.C. 
1531-1544; and State of Oregon Removal-Fill permits. Copies of such permits shall be 
maintained on file. 
6. Review all development permit applications to determine if the proposed 
development is located in the floodway, and if so, ensure that the encroachment 
standards of Article V, Section B are met. 
7. When Base Flood Elevation data or floodway data are not available, then the 
Floodplain Administrator shall obtain, review and reasonably utilize any base flood 
elevation and floodway data available from a federal, state or other authoritative 
source in order to administer the provisions of this ordinance. 
Ord. #760 Page 10 
8. When Base Flood Elevations or other engineering data are not available from an 
authoritative source, the Floodplain Administrator shall take into account the flood 
hazards, to the extent they are known, to determine whether a proposed building site 
or subdivision will be reasonably safe from flooding. 
9. Where interpretation is needed of the exact location of boundaries of the Areas of 
Special Flood Hazard including regulatory floodway (for example, where there appears 
to be a conflict between a mapped boundary and actual field conditions) the 
Floodplain Administrator shall make the interpretation. Any person contesting the 
location of the boundary shall be given a reasonable opportunity to appeal the 
interpretation as provided in Article VI, Section D. 
10. Issue floodplain development permits when the provisions of this ordinance have been 
met, or disapprove the same in the event of noncompliance; 
11. Coordinate with the Building Official to assure that applications for building permits 
comply with the requirements of this ordinance; 
12. Obtain, verify and record the actual elevation in relation to the vertical datum used on 
the effective FIRM, or highest adjacent grade where no BFE is available, of the lowest 
floor level, including basement, of all new construction or substantially improved 
buildings and structures. 
13. Obtain, verify and record the actual elevation, in relation to the vertical datum used on 
the effective FIRM, or highest adjacent grade where no BFE is available, to which any 
new or substantially improved buildings or structures have been flood-proofed. When 
flood-proofing is utilized for a structure, the Floodplain Administrator shall obtain 
certification of design criteria from a registered professional engineer or architect; 
14. Ensure that all records pertaining to the provisions of this ordinance are permanently 
maintained in the office of the city/county clerk or his/her designee and shall be open 
for public inspection. 
15. Make inspections in Areas of Special Flood Hazard to determine whether development 
has been undertaken without issuance of a floodplain development permit, ensure that 
development is undertaken in accordance with a the floodplain development permit and 
this ordinance, and verify that existing buildings and structures maintain compliance 
with this ordinance; 
16. Coordinate with the Building Official to inspect areas where buildings and structures in 
flood hazard areas have been damaged, regardless of the cause of damage, and notify 
owners that permits may be required prior to repair, rehabilitation, demolition, 
relocation, or reconstruction of the building or structure; 
17. Make Substantial Improvement or Substantial Damage determinations based on 
criteria set forth in Article IV, Section D of this ordinance. 
Ord. #760 Page 11 
C. Permit Procedures 
1. Application for a Floodplain Development Permit shall be made to the Floodplain 
Administrator on forms furnished by the Administrator or the Administrator's designee 
prior to starting development activities. Specifically, the following information is 
require. 
2. Application Stage 
a. Plans in duplicate drawn to scale with elevations of the project area and the 
nature, location, dimensions of existing and proposed structures, earthen fill 
placement, storage of materials or equipment and drainage facilities; 
b. Delineation of flood hazard areas, floodway boundaries including base flood 
elevations, or flood depth in AO zones, where available; 
c. For all proposed structures, elevation in relation to the highest adjacent grade " 
and the base flood elevation, or flood depth in AO zones, of the: 
i lowest enclosed area, including crawlspace or basement floor; 
ii bottom of the lowest horizontal structural member in coastal high hazard 
areas (V Zones); 
iii top of the proposed garage slab, if any, and; 
iv next highest floor 
d. Locations and sizes of all flood openings in any proposed building; 
e. Elevation to which any non-residential structure will be flood-proofed; 
f. Certification from a registered professional engineer or architect that any 
proposed non-residential flood-proofed structure will meet the flood-proofing 
criteria of the NFIP and building codes; 
g. Description of the extent to which any watercourse will be altered or relocated as 
a result of a proposed development; 
3. Construction Stage 
a. For all new construction and substantial improvements, the permit holder shall 
provide to the Floodplain Administrator an as-built certification of the floor 
elevation or flood-proofing level immediately after the lowest floor or flood-
proofing is placed and prior to further vertical construction; 
b. Any deficiencies identified by the Floodplain Administrator shall be corrected by 
the permit holder immediately and prior to work proceeding. Failure to submit 
certification or failure to make the corrections shall be cause for the Floodplain 
Administrator to issue a stop-work order for the project. 
Ord. #760 Page 12 
4. Certificate of Occupancy 
a. In addition to the requirements of the building codes pertaining to certificate of 
occupancy, prior to the final inspection the owner or authorized agent shall 
submit the following documentation that has been prepared and sealed by a 
registered surveyor or engineer: 
i. For elevated buildings and structures in non-coastal Areas of Special Flood 
Hazard (A zones), the as-built elevation of the lowest floor, including 
basement or where no base flood elevation is available the height above 
highest adjacent grade of the lowest floor; 
ii. For buildings and structures in coastal Areas of Special Flood Hazard (V 
zones), the elevation of the bottom of the lowest horizontal structural 
member supporting the lowest floor, and; 
iii. For buildings and structures that have been floodproofed, the elevation to 
which the building or structure was floodproofed. 
b. Failure to submit certification or failure to correct violations shall be cause for 
the Floodplain Administrator to withhold a certificate of occupancy until such 
deficiencies are corrected. 
5. Expiration of Floodplain Development Permit 
a. A floodplain development permit shall expire 180 days after issuance unless the 
permitted activity has been substantially begun and thereafter is pursued to 
completion. 
b. Commencement of work includes start of construction, when the permitted work 
requires a building permit. 
D. Substantial Damage and Substantial Improvement Determination 
1. For applications for permits to improve buildings and structures, including additions, 
repairs, renovations, and alterations, the Floodplain Administrator, shall: 
2. Estimate the market value, or require the applicant to obtain a professional appraisal 
of the market value, of the building or structure before the proposed work is 
performed; when repair of damage is proposed, the market value of the building or 
structure shall be the market value before the damage occurred; 
3. Compare the cost of improvement, the cost to repair the damaged building to its pre-
damaged condition, or the combined costs of improvements and repairs, if applicable, 
to the market value of the building or structure; 
a. Except as indicated in subsections (b) through (d) below, all costs to repair 
substantial damage, including emergency repairs, including the costs of 
complying with any county, state, or federal regulation other must be included; 
Ord. #760 Page 13 
b. The costs associated with the correction of pre-exsiting violations of state or local 
health, sanitary, or safety code specifications that were identified by the building 
official, the director of environmental health, or any other local code 
enforcement official prior to the improvement or repair and that are the 
minimum necessary to ensure safe living conditions shall not be included; 
c. Costs associated with the following items are not included: 
i The preparation and approval of all required plans, calculations, 
certifications, and specifications; 
ii The performance of surveys or other geotechnical or engineering studies 
and resulting reports; 
iii Permit and review fees, and; 
iv The construction, demolition, repair, or modification of outdoor 
improvements, including landscaping, fences, swimming pools, detached 
garages and sheds, etc.; 
d. Proposed alterations of a designated historic building or structure is not to be 
considered substantial improvement unless the alteration causes a loss of said 
designation. 
4. The City Manager shall make the final determination of whether the proposed 
improvement and/or repair constitutes a substantial improvement or substantial 
damage. 
5. The City Manager shall notify the applicant of the results of the determination by 
letter. 
6. Applicant has the right to appeal the determination pursuant to Section YI.D. 
V. PROVISIONS FOR FLOOD HAZARD REDUCTION 
A. Site Improvements and Subdivisions 
1. All proposed new development and subdivisions shall be consistent with the need to 
minimize flood damage and ensure that building sites will be reasonably safe from 
flooding. 
2. Building lots shall have adequate buildable area outside of floodways. 
3. New development proposals and subdivision development plans shall include the 
mapped flood hazard zones from the effective FIRM, if available. 
4. Base flood elevation data shall be generated and/or provided for subdivision proposals 
and all other proposed development, including manufactured home parks and 
subdivisions, greater than fifty lots or five acres, whichever is less. 
Ord. #760 Page 14 
5. New development and subdivisions shall have public utilities and facilities such as 
sewer, gas, electric and water systems located and constructed to minimize flood 
damage. 
6. On-site waste disposal systems shall be located and constructed to avoid functional 
impairment, or contamination from them, during flooding. 
7. Subdivisions shall have adequate drainage provided to reduce exposure to flood 
hazards. In AO and AH zones, drainage paths shall be provided to guide floodwater 
around and away from all proposed and existing structures. 
B. Development in Floodways 
1. Except as provided in paragraph (4), encroachments, including fill, new construction, 
substantial improvements, and other development are prohibited unless certification 
by a registered professional civil engineer is provided demonstrating through 
hydrologic and hydraulic analyses performed in accordance with standard engineering 
practice that such encroachment shall not result in any increase in flood levels during 
the occurrence of the base flood discharge. 
2. Any fill allowed to be placed in the floodway shall be designed to be stable under 
conditions of flooding, including rapid rise and rapid drawdown of floodwaters, 
prolonged inundation, and flood-related erosion and scour. 
3. Applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA 
before an encroachment, including fill, new construction, substantial improvement, 
and other development, into the floodway is permitted that will cause any increase in 
the base flood elevation. 
4. Projects for stream habitat restoration may be permitted in the floodway provided: 
a. The project qualifies for a Department of the Army, Portland District Regional 
General Permit for Stream Habitat Restoration (NWP-2007-1023); and, 
b. A qualified professional (a Registered Professional Engineer; or staff of NRCS; the 
county; or fisheries, natural resources, or water resources agencies) has provided 
a feasibility analysis and certification that the project was designed to keep any 
rise in 100-year flood levels as close to zero as practically possible given the goals 
of the project; and, 
c. No structures would be impacted by a potential rise in flood elevation; and, 
d. An agreement to monitor the project, correct problems, and ensure that flood 
carrying capacity remains unchanged is included as part of the local approval. 
5. Fences shall not cause any rise in base flood elevation and are subject to the no-rise 
and CLOMR provisions of paragraph (1) and (3). 
Ord. #760 Page 15 
C. Zones with Base Flood Elevations but No Floodway 
In areas within Zones Al-30 and AE on the community's FIRM with a base flood elevation, or 
where a base flood elevation is developed according to Article V, Section E, but where no 
regulatory floodway has been designated, new construction, substantial improvements, or other 
development (including fill) shall be prohibited, unless it is demonstrated that the cumulative 
effect of the proposed development, when combined with all other existing and anticipated 
development, will not increase the water surface elevation of the base flood more than one foot 
at any point within the community. 
1. Applicants of proposed projects that increase the base flood elevation more than one 
foot should obtain from FEMA a Conditional Letter of Map Revision (CLOMR) before 
the project may be permitted. 
D. Zones Without Base Flood Elevations 
1. The following standards apply in riverine areas of special flood hazard where no base 
flood elevation data have been provided (approximate A Zones): 
2. When base flood elevation or floodway data have not been identified by FEMA in a 
Flood Insurance Study and /or Flood Insurance Rate Maps, the Floodplain 
Administrator shall obtain, review, and reasonably utilize scientific or historic base 
flood elevation and floodway data available from a federal, state, or other source, in 
order to administer this ordinance. If base flood elevations are not available, 
subsection (3) shall apply. 
3. Where the floodplain administrator has obtained base flood elevation data, Article V, 
Sections C and Sections E through M shall apply. 
4. In special flood hazard areas without base flood elevation data, 
a. No encroachments, including structures or fill, shall be located in an Area of 
Special Flood Hazard within an area equal to the width of the stream or fifty feet, 
whichever is greater, measured from the ordinary high water mark, unless a base 
flood elevation is developed by a licensed professional engineer, 
b. The lowest floor of any insurable building or structure, including manufactured 
dwellings, shall be elevated a minimum of three (3) feet above highest adjacent 
grade. Below grade crawlspaces are not allowed. 
E. Building Design and Construction 
1. Buildings and structures, including manufactured dwellings, within the scope of the 
building codes, including repair of substantial damage and substantial improvement of 
such existing buildings and structures, shall be designed and constructed in accordance 
with the flood-resistant construction provisions of these codes, including but not 
limited to Section R324 of the Residential Specialty Code and Section 1612 of the 
Structural Specialty Code. 
Ord. #760 Page 16 
F. Manufactured Dwellings 
1. New and replacement manufactured dwellings are within the scope of the building 
codes; and, 
2. All new manufactured dwellings and replacement manufactured dwellings shall be 
installed using methods and practices which minimize flood damage and shall be 
securely anchored to an adequately anchored foundation system to resist flotation, 
collapse and lateral movement. Methods of anchoring include, but are not limited to, 
use of over-the-top or frame ties to ground anchors. This requirement is in addition to 
applicable state and local anchoring requirements for resisting wind forces. 
G. Below Grade Crawlspaces 
1. Below-grade crawlspace foundations are allowed, unless no base flood elevations are 
available, provided that they conform to guidelines in FEMA TB 11-01, Crawlspace 
Construction for Structures Located in Special Flood Hazard Areas and building codes. 
H. Accessory Structures Relief from the elevation or dry flood-proofing standards may be 
granted for an accessory structure containing no more than 200 square feet. Such a structure 
must meet the following standards: 
1. It shall not be subject to building codes; 
2. The accessory structure shall be located on a property, or an adjacent property with 
same owner, as a dwelling; 
3. It shall not be used for human habitation and may be used solely for parking of 
vehicles or storage of items having low damage potential when submerged; 
4. Toxic material, oil or gasoline, or any priority persistent pollutant identified by the 
Oregon Department of Environmental Quality shall not be stored below BFE, or where 
no BFE is available lower than three feet above grade, unless confined in a tank 
installed in compliance with this, ordinance; 
5. It shall be constructed of flood resistant materials; 
6. It shall be constructed and placed on the lot to offer the minimum resistance to the 
flow of floodwaters; 
7. It shall be firmly anchored to prevent flotation; 
8. Services such as electrical and heating equipment shall be elevated or flood-proofed to 
or above the base flood elevation, and; 
9. It shall be designed to equalize hydrostatic flood forces on exterior walls by allowing 
for the automatic entry and exit of floodwater. Designs for complying with this 
requirement must be certified by a licensed professional engineer or architect or 
Ord. #760 Page 17 
a. provide a minimum of two openings with a total net area of not less than one 
square inch for every square foot of enclosed area subject to flooding; 
b. the bottom of all openings shall be no higher than one foot above the higher of 
the exterior or interior grade or floor immediately below the opening; 
c. openings may be equipped with screens, louvers, valves or other coverings or 
devices provided they permit the automatic flow of floodwater in both directions 
without manual intervention. 
I. Recreational Vehicles 
1. In all Areas of Special Flood Hazard, Recreational Vehicles that are an allowed use or 
structure under the zoning ordinance must either: 
2. Be placed on the site for fewer than 180 consecutive days; 
3. Be fully licensed and ready for highway use, on its wheels or jacking system, attached 
to the site only by quick disconnect type utilities and security devices, and have no 
permanently attached structures or addition, or 
4. Meet all the requirements of Article V, Section F: Manufactured Dwellings, including 
the anchoring and elevation requirements. 
J. Critical Facilities 
1. Construction of new critical facilities shall be, to the extent possible, located outside 
the limits of the area of special flood hazard. Construction of new critical facilities shall 
be permissible within the area of special flood hazard if no feasible alternative site is 
available. Critical facilities constructed within the areas of special flood hazard shall 
have the lowest floor elevated three feet above BFE (or depth number in AO zones) or 
to the height of the 0.2 percent (500-year) flood, whichever is higher. Access to and 
from the critical facility should also be protected to the height utilized above. 
Floodproofing and sealing measures must be taken to ensure that toxic substances or 
priority organic pollutants as defined by the Oregon Department of Environmental 
Quality will not be displaced by or released into floodwaters. Access routes elevated 
to or above the level of the base flood elevation shall be provided to all critical 
facilities to the extent possible. 
K. Tanks 
1. Underground tanks in flood hazard areas shall be anchored to prevent flotation, 
collapse or lateral movement resulting from hydrostatic loads, including the effects of 
buoyancy assuming the tank is empty, during conditions of the design flood. 
2. Above-ground tanks in flood hazard areas shall be: 
Ord. #760 Page 18 
a. Attached to and elevated to or above the base flood elevation (or depth number 
in AO zones) on a supporting structure that is designed to prevent flotation, 
collapse or lateral movement during conditions of the design flood; or be 
b. Anchored or otherwise designed and constructed to prevent flotation, collapse or 
lateral movement resulting from hydrodynamic and hydrostatic loads, including 
the effects of buoyancy assuming the tank is empty, during conditions of the 
design flood. 
3. Tank inlets, fill openings, outlets and vents shall be: 
a. A minimum of 2 feet above BFE or fitted with covers designed to prevent the 
inflow of floodwater or outflow of the contents of the tank during conditions of 
the design flood; and 
b. Anchored to prevent lateral movement resulting from hydrodynamic and 
hydrostatic loads, including the effects of buoyancy, during conditions of the 
design flood. 
L. On-site Sewage Systems 
1. Soil absorption systems shall be located outside of flood hazard areas. Where suitable 
soil absorption sites outside of the flood hazard area are not available, the soil 
absorption site is permitted to be located within the flood hazard area provided it is 
located to minimize the effects of inundation under conditions of the base flood. 
2. Mound systems in flood hazard areas shall be prohibited. 
M. Fences and Walls 
1. New fencing shall be designed to collapse under conditions of the base flood or to 
allow the passage of water by having flaps or openings in the areas at or below the 
base flood elevation sufficient to allow flood water and associated debris to pass 
freely. 
N. Other Development in Non-Coastal High Hazard Areas 
1. All development in non-coastal high hazard areas (A zones) for which specific 
provisions are not specified in this ordinance or building codes, shall: 
a. Be located and constructed to minimize flood damage; 
b. Be designed so as not to impede flow of flood waters under base flood 
conditions; 
c. If located in a floodway, meet the limitations of Article V, Section C of this 
ordinance; 
Ord. #760 Page 19 
d. Be anchored to prevent flotation or lateral movement resulting from hydrostatic 
loads, including the effects of buoyancy, during conditions of the design flood; 
e. Be constructed of flood damage-resistant materials; and 
f. Have electric service and or mechanical equipment elevated above the base 
flood elevation (or depth number in AO zones), except for minimum electric 
service required to address life safety and electric code requirements. 
P. Temporary Structures, Storage, and Bridges 
1. A floodplain development permit is required for construction or placement of 
temporary structures, temporary storage associated with non-residential uses, and 
temporary bridges located in areas of special flood hazard: 
2. Temporary structures, not including bridges, shall be limited as to time of service, but 
shall not be permitted for more than 90 days. The Floodplain Administrator is 
authorized to grant extensions for demonstrated cause; such cause shall reaffirm the 
temporary nature of the structure. Temporary structures shall be anchored to prevent 
flotation, collapse, or lateral movement. 
3. Temporary storage of 5 cubic yards or more shall be limited as to time of service, 
but shall not be permitted for more than 90 days. The Floodplain Administrator is 
authorized to grant extensions for demonstrated cause; such cause shall reaffirm the 
temporary nature of the storage. Stored material shall be anchored or contained to 
prevent flotation or release outside the assigned storage area. Hazardous materials 
priority persistent pollutants identified by the Oregon Department of Environmental 
Quality shall not be stored in the floodway. 
4. Temporary encroachments in the floodway for the purposes of capitol improvement 
projects (including bridges) require a floodplain development permit. No 
CLOMR/LOMR is required 
Q. Requirement to Submit New Technical Data 
1. It is the responsibility of the applicant to have technical data prepared in a format 
required for a Conditional Letter of Map Revision or Letter of Map Revision and to 
submit such data to FEMA on the appropriate application forms. Submittal and 
processing fees for these map revisions shall be the responsibility of the applicant. 
2. Applicants shall be responsible for all costs associated with obtaining a Conditional 
Letter of Map Amendment (CLOMR) or Letter of Map Revision from FEMA. 
3. The City of Umatilla shall be under no obligation to sign the Community 
Acknowledgement Form, which is part of the CLOMR/LOMR application. 
Ord. #760 Page 20 
4. Within six months of project completion, an applicant who obtains an approved 
CLOMR from FEMA, or whose development modifies floodplain boundaries or base 
flood elevations shall obtain from FEMA a Letter of Map Revision (LOMR) reflecting 
the as-built changes to the FIRM. 
R. Watercourse Alterations 
1. A water course is considered altered when any change occurs within its banks, 
including installation of new culverts and bridges, or size modifications to existing 
culverts and bridges (as shown on effective FIRM). 
2. The bankfull flood carrying capacity of the altered or relocated portion of the water 
course shall not be diminished. Prior to issuance of a floodplain development permit, 
the applicant must submit a description of the extent to which any water course will 
be altered or relocated as a result of the proposed development and submit 
certification by a registered professional engineer that the bankfull flood carrying 
capacity of the water course will not be diminished. 
3. Adjacent communities, the U.S. Army Corps of Engineers, Oregon Department of State 
Lands, and Oregon Department of Land Conservation and Development must be 
notified prior to any alteration or relocation of a water source. Evidence of notification 
must be submitted to the floodplain administrator and to the Federal Emergency 
Management Agency. 
4. The applicant shall be responsible for providing the necessary maintenance for the 
altered or relocated portion of the water course so that the flood carrying capacity will 
not be diminished. 
5. The applicant shall meet the requirements to submit technical data in Sections V.S(l) 
and S(2) when an alteration of a watercourse, including the placement of culverts, 
results in the relocation or elimination of the special flood hazard area. 
S. Non-Conversion of Enclosed Areas below the Lowest Floor 
1. To ensure that the areas below the BFE continue to be used solely for parking vehicles, 
limited storage, or access to the building and not be finished for use as human 
habitation without first becoming fully compliant with the floodplain management 
ordinance in effect at the time of conversion, the Floodplain Administrator shall: 
2. Determine which applicants for new construction and/or substantial improvements 
have fully enclosed areas below the lowest floor that are 5 feet or higher; 
3. Enter into a ''NON-CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN 
FLOOD HAZARD AREAS" or equivalent with the City of Umatilla. The agreement 
shall be recorded with the Umatilla County as a deed restriction. The non-conversion 
agreement shall be in a form acceptable to the Floodplain Administrator and County 
Counsel; and 
Ord. #760 Page 21 
4. Have the authority to inspect any area of a structure below the base flood elevation to 
ensure compliance upon prior notice of at least 72 hours. 
T. Periodic Floodplain Inspections and Enforcement Actions 
1. The Floodplain Administrator or designee shall make periodic inspections of floodplain 
areas to establish that development activities within the floodplain are being performed in 
compliance with an approved floodplain development permit. The Floodplain 
Administrator or designee shall prepare a field report listing non-complying conditions to 
be delivered to the Umatilla Code Enforcement Officer. Upon receipt of the report, the 
Umatilla Code Enforcement Officer or designee shall proceed with enforcement actions 
including, but not limited to: the issuance of a Stop Work Order; the issuance of a 
citation; and the commencement of civil legal proceedings. 
2. Within 30 days of discovery of a violation of this ordinance, the Floodplain 
Administrator shall submit a report to the City Council which shall include all 
information available to the Floodplain Administrator which is pertinent to said 
violation. Within 30 days of receipt of this report, the City Council shall: 
a. take any necessary action to effect the abatement of such violation; or 
b. issue a variance to this ordinance in accordance with the provisions of Section 
6.0 (Variance Procedures) herein; or 
c. order the owner of the property upon which the violation exists to provide 
whatever additional information may be required for their determination. Such 
information must be provided to the City Manager within 30 days of such order, 
and he shall submit an amended report to the Floodplain board with 20 days. At 
their next regularly scheduled public meeting, the governing body shall either 
order the abatement of said violation or they shall grant a variance in accordance 
with the provisions of Section VI (Variance and Appeal Procedures) herein. 
If a Variance cannot be granted according to Section VI, submit to the Administrator of Federal 
Insurance Administration a declaration for denial of insurance, stating that the property is in 
violation of a cited statute or local law, regulation or ordinance, pursuant to section 1316 of the 
National Flood Insurance Act of 1968 as amended. 
VI. VARIANCE AND APPEAL PROCEDURES 
A. Variance 
1. An application for a variance must be submitted to the City Recorder on the form 
provided by the City of Umatilla and include at a minimum the same information 
required for a development permit and an explanation for the basis for the variance 
request. 
2. Upon receipt of a completed application for a variance, the variance request will be set 
for public hearing at the next Planning Commission meeting in which time is available 
for the matter to be heard. 
Ord. #760 Page 22 
3. Prior to the public hearing, Notice of the hearing will be published in the official 
newspaper of the City of Umatilla at least 15 days prior to the hearing. In addition to 
the newspaper publication, written notice shall be provided to all adjoining property 
owners. 
4. The burden to show that the variance is warranted and meets the criteria set out 
herein is on the applicant. 
5. In passing upon such applications, the Planning Commission shall consider all technical 
evaluations, all relevant factors, standards specified in other sections of this ordinance, 
and the: 
a. danger that materials may be swept onto other lands to the injury of others; 
b. danger to life and property due to flooding or erosion damage; 
c. susceptibility of the proposed facility and its contents to flood damage and the 
effect of such damage on the individual owner; 
d. importance of the services provided by the proposed facility to the community; 
e. necessity to the facility of a waterfront location, where applicable; 
f. availability of alternative locations for the proposed use which are not subject to 
flooding or erosion damage; 
g. compatibility of the proposed use with existing and anticipated development; 
The relationship of the proposed use to the comprehensive plan and flood plain 
management program for that area; 
h. safety of access to the property in times of flood for ordinary and emergency 
vehicles; 
i. expected heights, velocity, duration, rate of rise, and sediment transport of the 
flood waters and the effects of wave action, if applicable, expected at the site; 
and, 
j. costs of providing governmental services during and after flood conditions, 
including maintenance and repair of public utilities and facilities such as sewer, 
gas, electrical, and water systems, and streets and bridges. 
6. Upon consideration of the factors of Section 4.4-1 (4) and the purposes of this 
ordinance, the Planning Commission may attach such conditions to the granting of 
variances as it deems necessary to further the purposes of this ordinance. 
7. The floodplain administrator shall maintain a permanent record of all variances and 
report any variances to the Federal Emergency Management Agency upon request. 
Ord. #760 Page 23 
8. Criteria for Variances 
9. Variances shall not be issued within a designated floodway if any increase in flood 
levels during the base flood discharge would result. 
10. Generally, the only condition under which a variance from the elevation standard may 
be issued is for new construction and substantial improvements to be erected on a lot 
of one-half acre or less in size contiguous to and surrounded by lots with existing 
structures constructed below the base flood level, providing items (i-xi) in Section 4.4-
1(4) have been fully considered. As the lot size increases the technical justification 
required for issuing the variance increases. 
11. Variances shall only be issued upon a determination that the variance is the minimum 
necessary, considering the flood hazard, to afford relief. 
12. Variances shall only be issued upon a: 
a. showing of good and sufficient cause; 
b. determination that failure to grant the variance would result in exceptional 
hardship to the applicant, and; 
c. determination that the granting of a variance will not result in increased flood 
heights, additional threats to public safety, extraordinary public expense, create 
nuisances, cause fraud on or victimization of the public as identified in Section 
4.1 -4(4), or conflict with existing local laws or ordinances. 
13. Variances may be issued for a water dependent use provided that the 
a. criteria of paragraphs (a)(1) through (a)(4) of this section are met, and; 
b. structure or other development is protected by methods that minimize flood 
damages during the base flood and create no additional threats to public safety. 
14. Variances may be issued for the reconstruction, rehabilitation, or restoration of 
structures listed on the National Register of Historic Places or the Statewide Inventory 
of Historic Properties, without regard to the procedures set forth in this section. 
15. Variances as interpreted in the National Flood Insurance Program are based on the 
general zoning law principle that they pertain to a physical piece or property; they are 
not personal in nature and do not pertain to the structure, its inhabitants, economic or 
financial circumstances. They primarily address small lots in densely populated 
residential neighborhoods. As such, variances from the flood elevations should be 
quite rare. 
16. Variances may be issued for nonresidential buildings in very limited circumstances to 
allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it 
can be determined that such action will have low damage potential, complies with all 
other variance criteria and otherwise complies with building codes. 
Ord. #760 Page 24 
C. Variance Decision 
The decision to either grant or deny a variance shall be in writing and shall set forth the reasons 
for such approval and denial. If the variance is granted, the property owner shall be put on notice 
along with the written decision that the permitted building will have its lowest floor below the 
base flood elevation and that the cost of flood insurance likely will be commensurate with the 
increased flood damage risk. 
D. Appeals The Planning Commission shall hear and decide appeals from the interpretations of 
the Administrator. 
1. An appeal must be filed with the Planning Commission clerk within 10 of days of the 
date of any permit denial or interpretation of the Administrator. Failure to timely 
file an appeal shall be considered a failure to exhaust the administrative remedies. 
The appeal must set out the interpretation of the Administrator and a narrative setting 
forth the facts relied upon by the appellant and the appellants claim regarding the 
error in the interpretation. 
2. Upon receipt of a completed appeal, the appeal will be scheduled for the next 
available Planning Commission meeting to be heard. The Planning Commission shall 
consider criteria set forth in Article VI, Section B of this Chapter in evaluating the 
appeal. 
E. Decision The Planning Commission decision on appeal shall be in writing and set out the 
facts, technical information and the legal basis for the decision. 
VII. PENALTIES FOR VIOLATION 
A. No structure or land shall hereafter be located, extended, converted or altered unless in full 
compliance with the terms of this ordinance and other applicable regulations. 
1. Violation of the provisions of this ordinance or failure to comply with any of its 
requirements, including violation of conditions and safeguards established in 
connection with grants of variance or special exceptions shall constitute a 
misdemeanor. Any person convicted of a misdemeanor under this code shall be punished 
by a fine or sentence pursuant to the following schedule established in ORS 161.635. 
B. Two thousand five hundred dollars ($2,500.00) and/or one year in prison for a class A 
misdemeanor. 
C. One thousand dollars ($1,000.00) and/or six (6) months in prison for a class B misdemeanor. 
D. Five hundred dollars ($500.00) and/or thirty (30) days in prison for a class C misdemeanor. 
Nothing herein contained shall prevent the City of Umatilla from taking such other lawful 
actions as is necessary to prevent or remedy any violation. 
Ord. #760 Page 25 
VIII. SEVERABILITY 
A. The ordinance is hereby declared to be severable. Should any portion of this ordinance be 
declared invalid by a court of competent jurisdiction, the remaining provisions shall continue 
in full force and effect and shall be read to carry out the purpose(s) of the ordinance before 
the declaration of partial invalidity. 
IX. ABROGATION AND GREATER RESTRICTIONS 
A. This ordinance is not intended to repeal, abrogate, or impair any existing easements, 
covenants, or deed restrictions. However, where this ordinance and another ordinance, 
building codes, easement, covenant, or deed restriction conflict or overlap, whichever 
imposes the more stringent restrictions shall prevail. 
Section 2, Emergency Clause. Passage of this ordinance is immediately necessary for protection 
of the health, safety and welfare of the citizens of the City of Umatilla, and an emergency is 
declared to exist and this ordinance shall be immediately effective. 
PASSED and adopted by the Council this 17th day of August, 2010. 
Voting yes, Council Members: Cindy Roxbury, Bill Meade, George Eenton 
and Steve Johnson 
Voting no, Council Members: 
Abstaining Council Members: 
Absent Council Members: Dick Stokoe and Daren Dufloth 
And SIGNED by the Mayor this 17th day of August, 2010. 
WM. M. MEADE, COUNCIL PRESIDENT 
ATTEST: 
Ord. #760 Page 26