A federal agency reportedly has recommended Logan County take some property owners to court to force them to "flood proof" their properties, a recommendation the commissioners rejected in no uncertain terms.

The issue of flooding arose again during the commissioners' Oct. 19 meeting when County Planner Rob Quint updated the board on the ongoing attempts to bring Logan County into compliance with Federal Emergency Management Agency flood plain rules. Compliance is necessary in order for the county to participate in the federal flood insurance program, which is less expensive than non-federal flood insurance.

Quint said the issue now is just two businesses, which have been told they can come into compliance by having a "dry flood proofing" barrier built around them. The problem is that rough estimates put the cost of such flood proofing at between $80,000 and $120,000, depending on the location.

At one of the sites, Quint said, there is a railroad elevation between the river and the business. Quint said that, historically, such elevations have proven effective barriers to floodwaters.

At the other site, the only building that is out of compliance is only one-tenth of an inch too low, and houses unsorted recyclable trash.

At yet another location the property is owned outright and the owner has a variance from county building regulations for the structure that is out of compliance. Quint said the owner has stated he won't spend any more money on the property.

Quint said the FEMA representative with whom he was working recommended the county sue the property owners to force them into compliance. That brought immediate and forceful responses from Commissioners Byron Pelton and Jane Bauder; Commissioner Joe McBride was unable to attend the meeting.

"There is no way we are going to take our citizens into court over something like this," Pelton said. "That is a complete waste of resources, and it's not okay to do that to somebody."

Bauder said the one owner's county variance dooms that action to failure from the beginning, and it appears that all of the property owners complied with county zoning regulations at the time the structures were built.

'These people followed all of the county's instructions, and in one case the county even granted a variance. I'm not willing to take those people to court," she said.

Quint said the county would undoubtedly lose any legal action it took, which could undermine the county's ability to enforce such regulations in the future.

"I don't think that's a risk we should take," he said.

The commissioners instructed Quint to relay their response back to FEMA. Quint said FEMA representatives had indicated that if the county refuses to take legal action, the federal agency might consider taking action on its own.

The Journal-Advocate reached out to FEMA earlier in the week and was promised a response, but had not received one by press time.