RESOLUTION REGARDING EXEC. ORDER 13690.DOCX

MARICOPA COUNTY
RESOLUTION NO.
C-20-15-032-M-00
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, PHOENIX, ARIZONA
REGARDING EXECUTIVE ORDER 13690 WHICH ESTABLISHES A NEW FEDERAL FLOOD RISK
MANAGEMENT STANDARD.
WHEREAS, President Obama signed Executive Order 13690 on January 30, 2015 which amends
Executive Order 11988 that was issued by President Carter in 1977, and
WHEREAS, Federal agencies will continue to implement Executive Order 11988, but replace the 100-
year floodplain standard required by the 1977 Executive Order with a new Federal Flood Risk
Management Standard (FFRMS) ostensibly to account for the impacts of climate change, and
WHEREAS, the new FFRMS specifies three options for establishing the limits of the flood hazard area:
1) Climate-informed science approach, 2) Adding two to three feet of freeboard to the 100-year
floodplain and extending the floodplain horizontally, or 3) Using the 500-year floodplain, and
WHEREAS, on February 5th, the Federal Emergency Management Agency (FEMA) published draft
guidelines that provide direction on how to implement the FFRMS in the Federal Register for public
comment through May 6th, and
WHEREAS, the executive order and the FEMA guidance expand the definition of the flood hazard area
beyond the existing 100-year FEMA regulatory floodplain, and
WHEREAS, the executive order applies to federally financed projects, but the scope is not clear and
could possibly include federally-backed loans, federal grants, federal permitting decisions and roadway
construction, and
WHEREAS, the actual impact of the Executive Order will not be known until each federal agency
releases a draft Implementation Plan within 30 days of the close of the comment period on the draft
guidelines describing how it will update its existing policies, procedures and/or regulations to comply
with the new requirements, and
WHEREAS, national business and industry groups, including the National Association of Flood and
Stormwater Management Agencies and the National Association of Home Builders, have expressed
concerns about the expansion of the historical definition of the floodplain as well as the possibility of
discrepancies between the implementation plans of the different federal agencies, and
WHEREAS, expansion of the floodplain and regulations using the new FFRMS has the potential to

substantially increase costs for public works projects and private development in Maricopa County, and
WHEREAS, Maricopa County construction projects that receive funding or permits from multiple
federal agencies may be subject to different and possibly conflicting requirements, and
WHEREAS, the new FFRMS will conflict with local floodplain ordinances and regulations and cause
confusion among the public and business community in Maricopa County.
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of Maricopa County hereby urges the
current administration to suspend implementation of the new FFRMS and require FEMA and other
federal agencies to work with local communities and governments to develop a sensible flood risk
standard that accounts for regional differences in climate and topography and does not place a
significant cost and regulatory burden on local governments, businesses and citizens.
AUTHORZED this 22th day of April, 2015 by Maricopa County Board of Supervisors, Phoenix, Arizona.
_________________________
Chairman,
Board of Supervisors
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
Clerk of the Board Attorney for the County