City Code Section
(Amended by Ordinances 182370 and 191478, effective March 1, 2024.)
- A. All development and construction within flood hazard areas, as defined in Section 24.50.030, are subject to the terms of this Chapter and all other applicable regulations.
- B. If an inconsistency or conflict exists between Chapter 24.50 and other provisions of this Code, including Title 33, the more restrictive uses or requirements will apply.
- C. A structure or use that was lawful when it was established or approved by the City, but that does not conform with the current provisions of this Chapter may be continued subject to the provisions of the State Building Code pertaining to existing structures.
- D. The flood protection elevations and the floodway and flood fringe areas specified by this Chapter, based on the 100‑year flood elevations and the February 1996 Flood Inundation Area, as described in the Composite February 1996 Flood Inundation Area Mapping described in Subsection 24.50.040 E. below, are considered reasonable for regulatory purposes. Greater flood heights and more extensive flood fringe areas associated with climate change and larger floods may occur or the flood height and extent of flooding may be increased by human or natural causes, such as log jams, bridge openings or culverts restricted by debris, or changes in basin conditions. Areas within designated drainage districts and those areas not covered by adequate topographic maps may contain unmapped watercourses subject to flooding. The identification of designated flood hazard areas does not imply that lands outside of such areas will be free from flooding or flood damage.
- The City of Portland, any officer or employee thereof, and the Federal Insurance Administration will not be liable for any flood damages that result from reliance on the provisions or designations of this Chapter or any administrative decision lawfully made thereunder.
- E. The Bureau of Development Services administers and enforces the State of Oregon Specialty Codes, as adopted in Chapter 24.10, which contain certain provisions that apply to the design and construction of buildings and structures located in flood hazard areas, as defined in this Chapter. This Chapter will be administered and enforced in conjunction with such Specialty Codes.
- F. The Director of the Bureau of Development Services will appoint a Floodplain Administrator who will be responsible for administering, implementing, and enforcing this Chapter, including granting or denying development permits in accordance with its provisions. The Floodplain Administrator may delegate authority to implement these provisions.