Two flood-prone cities in eastern Pierce County say they could face significant financial losses if a national wildlife group is successful in blocking flood insurance for new construction in parts of the Puget Sound area.
The cities of Orting and Puyallup, along with 14 others in the region, including Federal Way and Auburn, have joined a lawsuit to defend their interests. A federal judge in Seattle on Thursday granted their motion to intervene.
With the motion, “we’re saying we want to be there at the table,” said Orting City Administrator Mark Bethune.
His city alone could lose more than $16 million in property taxes and permit fees and impact fees, court papers say. Bethune said that’s an estimate for five years with no federally backed flood insurance.
Orting has 6,700 residents and sits in the valley looking up to Mount Rainier. It is one of about 122 cities, counties and tribes in Western Washington that voluntarily participate in the National Flood Insurance Program. The Federal Emergency Management Agency, or FEMA, administers the program, which was established by Congress in 1968.
FEMA makes federally backed flood insurance available to property owners in participating communities. In exchange, the communities require new or substantially remodeled buildings to be elevated to reduce the potential for damage in a flood.
The National Wildlife Federation says the insurance program encourages development in floodplains and has been found to harm salmon and by extension, the Puget Sound orca whales that feed on them.
FEMA was supposed to make changes to the insurance program, but has failed to do so, the wildlife group says.
The group filed a federal lawsuit in December asking for a declaration that FEMA has violated the Endangered Species Act.
It seeks a court injunction blocking FEMA from issuing flood insurance in parts of the Puget Sound area until the agency complies with the law.
“We’ve been very patient. We’ve tried to work with FEMA and the affected communities. But the reality is that nothing has changed on the ground,” said Jan Hasselman, an attorney with Earthjustice in Seattle. Earthjustice is representing the National Wildlife Federation in the case.
A spokeswoman for FEMA said the agency can’t comment on the litigation.
But in court documents, FEMA’s attorneys say it has made substantial changes to the flood insurance program in the Puget Sound area and that many of the wildlife federation’s assertions are based on outdated information.
Puyallup City Attorney Kevin Yamamoto said his city is “trying to look after the residents’ interests in their property” by joining the motion to intervene.
“Plus, if there are policies and regulations developed about what can and can’t happen in the floodplain, (cities with jurisdiction in those areas) should be very much a part of that process,” Yamamoto said.
Other cities in the region that are joining Orting and Puyallup are: Arlington, Auburn, Burlington, Everett, Federal Way, Kent, Lake Forest Park, Mount Vernon, North Bend, Port Angeles, Renton, Snoqualmie, Sultan and Tukwila.
Sara Schilling: 253-552-7058 sara.schilling @thenewstribune.com blog.thenewstribune.com/street
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