HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/24/2013 - COMPLETE AGENDAKaren Weitkunat, Mayor Council Information Center
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Lisa Poppaw, District 2 Fort Collins, Colorado
Gino Campana, District 3
Wade Troxell, District 4
Ross Cunniff, District 5 Cablecast on City Cable Channel 14
on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
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WORK SESSION
September 24, 2013
6 p.m.
1. Call Meeting to Order.
2. Platte River Power Authority Strategic Planning Update. (staff: Brian Janonis; 45 minute
discussion)
Ms. Jackie Sargent, General Manager of Platte River Power Authority (Platte River) will
provide an update on the work she has been doing with Platte River staff and the Board
of Directors related to strategic planning.
3. Proposed 2014 Rate and Fees Adjustments. (staff: Steve Catanach, Kevin Gertig, Jon
Haukaas, Lance Smith; 45 minute discussion)
The purpose of this work session presentation and discussion is to provide City Council
with a prelude of the proposed rate and fee adjustments for 2014, before consideration of
First Reading of the Rate Ordinances on October 15th.
The proposed rate increases are consistent or less than what was anticipated during the
2013-14 Budget process.
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September 24, 2013
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Electric development fees are proposed to increase in 2014. Reductions in water and
wastewater rates are proposed for certain rate classes. Water and wastewater plant
investment fees are proposed to be adjusted downward for standard connections due to
reduced average usage per customer although the per gallon per day charges are proposed
to be increased. A new development fee, the Water Right Utilization Fee (WRUF), is
proposed for the Water Fund to provide sufficient funding to fully utilize accepted water
rights throughout the year. An increase in the permit fees associated with the Stormwater
Utility to better reflect actual costs for reviewing those permits is also proposed.
4. Proposed Water Right Utilization Fee. (staff: Donnie Dustin, Kevin Gertig, Lance
Smith; 30 minute discussion)
The purpose of this work session presentation and discussion is to provide City Council
with an explanation of the need for a Water Right Utilization Fee (WRUF) and how this
fee is determined.
In order to meet the water needs of new development or redevelopment within the Water
Utility service area, developers are assessed a Raw Water Requirement (RWR). Many of
the water rights accepted by the Water Utility require storage in order to provide that
water supply throughout the year and during drought years. The WRUF would result in
an increase in water development fees, but provides the capital associated with
developing storage to utilize the water rights that are provided through the current RWR.
5. Colorado Water Conservation Board Floodplain Regulation Adoption and other Minor
Policy and Clean-up Items. (staff: Jon Haukaas, Ken Sampley, Marsha Hilmes-
Robinson, Brian Varrella; 1 hour discussion)
The Colorado Water Conservation Board (CWCB) adopted minimum statewide
floodplain regulations in January 2011. All communities must adopt these new standards
by January 2014. The City of Fort Collins already has adopted many of these standards.
Therefore, there are relatively few changes needed to meet the CWCB statewide
regulations. The key areas where changes are needed include:
• Additional critical facilities to be regulated;
• Higher freeboard for additions 2 and of 244 substantial improvements;
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• Additional items to be included in substantial improvement cost determinations
for City Basin Floodplains;
• Hardship provisions for variance requests; and
• Elimination of waivers for properties in areas where capital projects are under
construction and reduce the floodplain in City Basin Floodplains.
• New Section Heading for Division 5 entitled “FEMA Basin and City Basin
Floodplains” combining the regulations for FEMA Basin floodplains and City
Basin floodplains into one division.
In addition, the current regulations were reviewed for recommended policy or procedural
changes. Items proposed for revision include:
• The definition of abandoned;
• Escrow procedures;
• Mapping criteria;
• Emergency Response Preparedness Plan Requirement for LOMR-Fill areas; and
• LOMR- Fill criteria for properties annexed into the City.
Additional minor clarifications are also proposed.
6. Other Business.
7. Adjournment.
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DATE: September 24, 2013
STAFF: Brian Janonis
Pre-taped staff presentation: none
WORK SESSION ITEM
FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Platte River Power Authority Strategic Planning Update.
EXECUTIVE SUMMARY
Ms. Jackie Sargent, General Manager of Platte River Power Authority (Platte River) will provide
an update on the work she has been doing with Platte River staff and the Board of Directors related
to strategic planning.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
The work session will provide Council the opportunity to learn how Platte River’s long-term
strategic planning efforts will integrate with the City’s goals.
BACKGROUND / DISCUSSION
General Manager
Jacqueline Sargent (Jackie) became General Manager of Platte River Power Authority in August
2012. Ms. Sargent brings over twenty-five years of experience in the energy industry, including
electric and gas utility operations, power generation, energy marketing, rates and regulatory affairs,
strategic planning, acquisitions and mergers, and project development. Platte River Power Authority
is a not-for-profit joint action agency that provides wholesale transmission and generation service
to its four owner communities of Estes Park, Fort Collins, Longmont and Loveland, Colorado.
Prior to joining Platte River, Ms. Sargent was the Senior Vice President of Power Supply and
Market Operations for Austin Energy, located in Austin, Texas. In this position, she was responsible
for the oversight of Austin Energy’s power generation facilities, management of wind, solar and
biomass power purchase agreements, market operations, resource planning and engineering services.
Previously, Ms. Sargent served as the Vice President of Power Supply and Renewables Integration
at Black Hills Corporation. Ms. Sargent began her career as an engineering intern with Black Hills
Power and Light Company, a subsidiary of Black Hills Corporation, and held various positions with
increasing levels of responsibility.
Ms. Sargent holds a Bachelor of Science degree in electrical engineering and a Master of Science
degree in technology management, both from the South Dakota School of Mines and Technology.
She is a registered professional engineer in the state of South Dakota. Ms. Sargent serves on the
RMEL Board of Directors and is actively involved with the Large Public Power Council (LPPC)
and the American Public Power Association (APPA).
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Vision, Mission and Values (As updated and approved by Platte River Board at July 26, 2013
Board Meeting)
Vision: As a respected leader and responsible energy partner, improve the quality of life for
the citizens served by our owner communities.
Mission: Provide safe, reliable, environmentally responsible, and competitively priced energy
and services.
Values:
• Safety – Working safely and protecting the public, our employees, and the assets we
manage is non-negotiable.
• Integrity – Being ethical and holding ourselves accountable to conduct business in
a fair, honest, open, compliant, and environmentally responsible manner is at the
core of what we do.
• Customer Service – Providing quality service at a competitive price while being
responsive to our owners’ needs creates added value and improves customer
satisfaction.
• Respect – Encouraging constructive dialogue that promotes a culture of
inclusiveness, recognizes our differences, and accepts varying viewpoints will lead
us to optimal solutions for even the most difficult challenges.
• Operational Excellence – Engaging employees to strive for excellence and
continuous improvement ensures that we provide reliable service while managing
costs and creating a rewarding work environment.
• Innovation – Supporting the development of technologies to promote the efficient
use of electricity, protect the environment, and create a diversified energy supply
portfolio mitigates risk and creates opportunities.
• Sustainability – Maintaining financial integrity, minimizing our environmental
impact, and supporting responsible economic development in our owner
communities ensures the long-term viability of the organization and the communities
we serve.
Sources of Electricity
Platte River uses several sources of electricity generation capacity to meet its wholesale obligations
to its four owner municipalities, including both owned resources and purchase power agreements:
the coal-fired Rawhide Energy Station Unit 1; five natural gas-fired combustion turbines–Units A,
B, C, D and F at the Rawhide site; the Medicine Bow Wind Project and the Silver Sage Windpower
Project; the coal-fired Yampa Project near Craig, Colorado, (Platte River owns 18 percent of Units
1 and 2; federal hydropower delivered via purchase from Western Area Power Administration, and
purchases from the wholesale electricity market in the region.
• Rawhide Unit One (coal)–280 MW (Owned)
• Rawhide Units A, B, C, D, F (natural gas)–388 MW (Owned)
• Yampa Project (coal)–155 MW (Platte River’s share)
• Federal Hydropower–136 MW (Allocation – maximum capacity in winter)
• Medicine Bow Wind Project–6 MW (Owned)
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• Silver Sage Windpower Project–12 MW (Purchase Power Agreement)
• New Wind Project – 30 MW (Purchase Power Agreement being finalized)
• Total Capacity–977 MW (2013)
Platte River also has several demand side management resources, operated in Fort Collins and all
of the other municipalities. These have reduced peak demand by about 19 MW since 2002.
Energy Delivered to Platte River’s Four Municipalities in 2012–Proportions by Source:
• Coal 72.5%
• Hydropower 19.4%
• Wind Energy and Renewable Energy Certificates 3.5%
• Other Purchases 3.8%
• Natural Gas 0.8%
History
By the early 1960s, the rapid expansion of federal hydropower dams in the western United States
had reached its limits. With constraints placed on future hydropower development, municipal
utilities in Northern Colorado were faced with a quandary: significant growth in the local economies
was anticipated and reliable and affordable electricity was necessary to support this growth.
Individually the municipal utilities in Estes Park, Fort Collins, Longmont and Loveland
(Municipalities) were not large enough to take advantage of the economies of scale offered through
large central station generation.
Faced with this dilemma, the utility managers for the Municipalities began to explore joint action
as a means to secure a reliable and economic source of power. In 1965 representatives from the
Municipalities formed the Platte River Municipal Power Association, Inc., a Colorado non-profit
corporation. The name of the corporation was changed to Platte River Power Authority in 1973.
The 1970s saw a significant expansion of generation resources in Colorado. Platte River was
presented with the opportunity to participate in the Yampa Project, which consisted of two coal-fired
generation units in Craig, Colorado. Confronted with the need to borrow capital funds, Platte River
discovered that as a non-profit corporation it could not take advantage of tax exempt financing. An
additional hurdle was the existence of a Colorado constitutional provision dating back to 1876 that
prohibited municipalities from joint venturing with private corporations. This constitutional
prohibition was initially intended to prevent municipal funding of railroads, but its modern
application prevented Platte River from executing the Participation Agreement for the Yampa
Project.
Platte River’s survival was at stake. During six months of intense activity two major changes were
made to Colorado law. First, the Colorado Constitution was amended through a vote of the public
in November 1974. This amendment allowed municipalities to develop energy resources jointly
with private entities. Second, in 1975 the General Assembly created a mechanism by which
municipalities could form power authorities capable of issuing tax exempt debt.
Platte River was dissolved as a corporation and reformed as a political subdivision in June 1975.
In short order, Platte River issued its Series A bonds (June 1975) in an amount of $35 million. Over
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the next ten years, Platte River issued debt of approximately of $600 million for participation in the
Yampa Project and construction of Unit 1 at the Rawhide Energy Station. The underlying security
for these debts was the existence of all-requirements power sales agreements between Platte River
and the Municipalities.
Thermal Resources and Environmental Controls
The Rawhide Energy Station is located north of Fort Collins in Larimer County. Even in the late
1970s, the development of a coal-fired generation resource in Larimer County proved to be
controversial, and was opposed by many in Fort Collins. The primary issues associated with coal-
fired generation 30 years ago involved the “criteria” pollutants (those shown to impact public health)
and water usage. A number of innovative solutions were employed at Rawhide to address these
issues, some of which have now become standard in the industry. For example, by the early 1970s
SO2 emissions from coal plants had been linked to acid rain. At about this time the Powder River
Basin in Wyoming was being developed as a source of low sulfur coal. Platte River went a step
further and contracted for the lowest sulfur coal available in the Basin and has always paid a
premium for such coal. In addition to obtaining a low sulfur resource, Platte River made the
additional investment in active sulfur removal and was one of the first “scrubbed” units in the
country. Cooling water needs were addressed in a manner intended to accommodate existing water
usage on the over-appropriated Poudre River both through participation in the Windy Gap Project,
a trans-basin diversion from the Colorado River, and the exchange of Windy Gap waters with Fort
Collins for treated effluent. Rawhide was one of the first units to use treated wastewater effluent
(from Fort Collins’ wastewater treatment facility) for cooling.
The controversy associated with the construction of Rawhide led Platte River to embrace
environmental responsibility as a goal on an equivalent level of importance with reliability and
affordability. Rather than be satisfied with the emission controls placed on the unit in 1984, the staff
at Rawhide has remained engaged as improvements in environmental controls develop. As a result,
a number of innovative improvements have been implemented at Rawhide, and NOx emissions are
two-thirds less than in 1984. Current unit capacity and efficiency have increased by 10 percent since
1984. Similarly, the Yampa Project has been upgraded over time. Over the past ten years Platte
River has invested $24 million in SO2 and particulate emission reduction technology at the Yampa
Project. New steam path technology has improved efficiency by three percent. By 2017, additional
NOx reduction technology will be installed on the Yampa units.
With completion of the Yampa Project and Rawhide Unit 1, the base load generation resources upon
which Platte River continues to rely were in place. Initially most of the output from Rawhide was
sold to Public Service Company of Colorado under a long-term contract while the Municipalities
grew into the Unit 1 capacity. This strategy resulted in a period of relative rate stability from 1983
through 2003. Growth over this period differed from what was expected; growth in energy
consumption was slower than anticipated but an increasing saturation of air conditioning led to
higher than expected growth in peak demand. Beginning in 2000, Platte River began to add natural
gas peaking units at the Rawhide Energy Station to address the growth in summer peak demand.
Demand-Side Management & Renewables
In addition to traditional thermal resources, Platte River has a long history of involvement in
demand-side management and renewable energy generation. Beginning in 1990, a joint “Energy
Efficiency Task Team” was formed to evaluate the costs and benefits of energy efficiency programs
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September 24, 2013 Page 5
at the wholesale, distribution and retail levels. Platte River began offering technical energy audits,
distributed generation feasibility studies and other informational programs in 1991 initially to large
customers. Formal evaluation of program costs and benefits for all sectors from a rate impact
perspective was completed to support the first Integrated Resource Plan (IRP) in 1994. As part of
the second formal IRP, the Platte River Board approved investment in energy efficiency programs
funded by Platte River and implemented in all Municipalities. These incentive programs began in
2002 and have been expanded several times since then. Current funding is approximately $2 million
annually. Through 2012, these programs have reduced energy usage by about 17% below the
growth that would otherwise have occurred.
In the early 1990s, Platte River began to investigate wind as a generation resource. Platte River was
part of a statewide wind energy study, and specific studies were completed for potential sites north
of Rawhide and for the Foote Creek Rim site near Arlington, WY. A plan was developed to
participate in a 50 MW project at the Foote Creek site—at a level of $5 million (for 5 MW). When
this effort collapsed due to technical difficulties, Platte River issued a request for proposals for wind
supply and ultimately developed the Medicine Bow Wind Site, which was the first utility scale wind
generation site serving customers in Colorado. Fort Collins was the first purchaser in 1998, and by
1999 all of the Municipalities were purchasing wind energy from this site on a voluntary basis. The
Medicine Bow site was expanded three times through 2004 as demand for additional wind energy
grew. Transmission availability and other factors have limited the expansion potential at Medicine
Bow, and in 2008 Platte River sought other wind sources to meet growing interest from the
Municipalities. In 2009, wind generation was added at the Silver Sage Wind Facility through a
power purchase agreement. Output from Silver Sage is about twice the amount received from
Medicine Bow.
On September 12, Platte River executed a power purchase agreement for an additional 32 MW wind
purchase from the Spring Canyon site in eastern Colorado. This increases the total wind supply to
48 MW providing about 6.8% of energy supply by 2015.
Conclusion
From a humble beginning in 1965 when the utility directors of the Municipalities faced an uncertain
electric resource future, Platte River has constructed or purchased 977 MW of generation capacity
with 30 megawatts under contract, and 251 miles of high-voltage transmission lines. Platte River
currently employs a workforce of approximately 220 employees and continues to provide safe,
reliable and competitively priced power in an environmentally responsible manner.
ATTACHMENTS
1. Powerpoint presentation
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Strategic Planning
Jackie Sargent, General Manager/CEO
City of Fort Collins - Council Work Session
September 24, 2013
ATTACHMENT 1
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Platte River Power Authority
2
Estes Park
Longmont
Fort Collins
Loveland
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Local Decision Making
3
Estes Park Fort Collins Longmont Loveland
Mayor Bill Pinkham
Mr. Reuben Bergsten
Mayor Karen Weitkunat
Mr. Gerry Horak
Mayor Dennis Coombs
```
Mr. Tom Roiniotis
Mayor Cecil Gutierrez
Mr. Steve Adams
Platte River Board of Directors
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Management Team
4
General Manager
Jackie Sargent
General Counsel
Joseph Wilson
Board of Directors
Financial Services
Dave Smalley
Operations
Jason Frisbie
Environmental
Services /
Compliance
Deb Schaneman
Strategic Planning &
Customer Service
John Bleem
Corporate Services
Karin Hollohan
Government &
External Affairs
Barb Ateshzar
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Wholesale Electric Rate Comparison
2012 Rates ($/MWh)
5 cents per kWh
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Energy Resource Portfolio – 2012
Based on sales to Municipalities
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7
• Legislative & regulatory risks:
– CO2
emissions (climate change)
– SO2
, NOX
, Hg, VOC, air toxics (health)
– Coal ash, cooling water, etc. (environment)
• Financial risks:
– Greenhouse gas charges
– Emission control costs
– Waste / water management costs
– Credit rating downgrade
• Constrained resource optimization:
– High base & peaking / no intermediate resource
– Limited ability to integrate renewables
– Less flexible resource operations
• Community values:
– Customer preferences vs. current resources
Resource Portfolio Considerations
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Summary of Current Situation
• Excellent operations & financial performance
• Lowest cost wholesale generator in Colorado
• Highly reliable system with outstanding compliance record
• High CO2
emissions per unit of electric energy
• Limited ability to integrate renewables
• Lack of distributed resources
• Limited flexibility in new market scenarios
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Process Timeline
9
Board Approves
Wind RFP
Consultants
Selected
Gap Analysis:
• Strengths
• Weaknesses
• Opportunities
• Threats
Stakeholder
Meetings
&
Municipal
Survey
Board of Directors
Strategic Planning
Retreat
Retreat
Preparation
With Board
and Staff
Direction:
• Improve collaboration among Municipalities
• Reduce carbon footprint – 20% by 2020
• Diversify resource portfolio – balance supply
• Expand renewable energy supply – 20% by 2020
• Maintain competitive rates –remain lowest
• Seek technology & innovation opportunities
Consultant
Interviews
Initiate
Preliminary
Analysis
Outreach
Management
Team Retreat
Wind RFP
Issued in
March
Board Approves
Vision, Mission & Values
Review of Board
Resolutions and Policies
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Vision and Mission
Vision: As a respected leader and responsible
energy partner, improve the quality of life for the
citizens served by our owner communities.
Mission: Provide safe, reliable, environmentally
responsible, and competitively priced energy and
services.
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Values
Safety
Integrity
Customer Service
Respect
Operational Excellence
Innovation
Sustainability
11
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Board Retreat
• Engaged consultant –Beckett Advisors
– Preliminary work
• Conducted on‐line surveys
• Conducted telephone interviews
– Retreat preparation
• Attended May and July regular Board meetings
• Compiled findings
– Day long off‐site retreat
• Facilitated planning session
• Presented key decision metrics
• Majority approval of directives
12
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Retreat Outcome
Business
As
Usual?
New
Direction
Needed?
Yes!
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Board Directives
14
• Improve collaboration among Municipalities
• Diversify resource portfolio – rebalance portfolio
• Reduce carbon footprint – 20% by 2020
• Expand renewable energy supply – 20% by 2020
• Maintain competitive rates
• Seek technology & innovation opportunities
• Identify opportunities for joint surveys
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Process Timeline
15
Board of Directors
Strategic Planning
Retreat Strategic
Initiatives Goals
Strategic
Plan
Develop Strategic Plan
Received
direction from
Board New Integrated
Resource Plan
Finalize
December 2014
Initiate
Meetings with
City Staff
Increase
Collaboration
Finalize New
Wind Purchase
Execute Contract
with Invenergy
Present to Board
in December
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Collaboration
16
• Fort Collins Solar Program implementation
• Demand response program collaboration
• Demand side management (DSM) programs & services
• DSM potential studies –KEMA & Nexant
• Climate Action Plan – Incorporate goals into next resource plan
• Joint solar garden program evaluation
• Load forecasting and DSM integration
• Rates –design / updates / stakeholder communications
• System reliability and cyber security
• Municipal survey –several additional items
• Integrated resource planning
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National Renewable Energy Laboratory
Renewable Energy
New 30 MW
Spring Canyon
(Colorado)
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Spring
Canyon
(N. CO)
54%
Silver Sage
16%
OMPA
13%
EDF
10%
Medicine Bow
7%
Renewable Energy – 2015
Estimated on line
Fall 2014
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Strategic
Directives,
Initiatives
& Goals
Annual
Operating
Plan
Strategic
Climate Plan
Action
Plan
Vision
Mission
Values
Strategic
Financial
Plan
Risk
Management
Plan
Capital
Plan
City Plans &
Energy Initiatives
Legislative
Policies
Transmission
Plan
Strategic Plan Development
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Strategic Initiatives and Goals
EXAMPLE
Resource Diversification Initiative
Platte River will diversify its future mix of resources –integrating both supply‐
and demand side technologies and capitalizing on regional competitive
strengths (proximity to natural gas, excellent wind & solar resources, and
local/regional energy technology research & development).
Goals
• Reduce greenhouse gas emissions to 20% below 2005 levels by 2020
• Meet 20% of retail customer energy from renewable resources by 2020
• Add natural gas combined cycle generation to support integration of additional
renewable energy resources and enhance resource flexibility
• Expand energy efficiency programs to reduce Municipal energy needs
• Utilize distributed generation and innovative technologies where feasible
• Update the Integrated Resource Plan to increase resource diversification
20
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Integrated Resource Planning
(1990’s +)
• Maintain reliability
• Energy Policy Act of 1992
• Implemented via WAPA
• Load forecasting improvements
• New analysis tools
• “Supply” & “Demand” focus
• “Integration” of resources
• Energy efficiency programs
• Renewable energy focus
• Public input process added
• “Externalities” considerations
• Deregulation considerations
Least Cost Planning
(1980’s)
• Maintain reliability
• Monopoly perspective
• Consumer advocate focus
• Large customer influence
• Lowest cost
• Fewer resource options
• Limited analysis capability
• Initial environmental
focus / integration
Resource Planning Trends
• Maintain reliability
• Energy Policy Act of 2005
• Updated IRP rules
• FERC / NERC initiatives
• RTOs, ISOs, CIP, EIM, etc.
• Global warming concerns
• Environmental compliance –coal
• Legislative / regulatory initiatives
• DSM, DG, DR & renewable options
• Homeland Security impacts
• Hydraulic fracturing innovations
• Aging infrastructure concerns
• AMI, Smart Grid, innovations
• Electric vehicles
• Drought / water management
• Stakeholder engagement
• Triple bottom line perspectives
• Increasing uncertainty …
Evolving Planning
Environment
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Resource Planning Phases – Platte River
Summer Peak:
• Five new gas CTs
• Transmission
• End of PSCo sale
• Hydro (drought)
• Craig & Rawhide
operations
Early 2000’s
Flexibility:
• Renewables
• Demand response
• Distributed generation
• New technologies
• Diverse member needs
• Balancing multiple
uncertainties &
managing risks
Next Phase
Building:
• Craig
• Rawhide
• Transmission
1970’s – 1980’s
Operations:
• Craig
• Rawhide
• Transmission
• Municipal sales
• PSCo CAE sale
1980’s – 1990’s
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23
Questions?
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DATE: September 24, 2013
STAFF: Steve Catanach, Kevin
Gertig, Jon Haukaas, Lance Smith
Pre-taped staff presentation: available
at fcgov.com/clerk/agendas.php
WORK SESSION ITEM
FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Proposed 2014 Rate and Fees Adjustments.
EXECUTIVE SUMMARY
The purpose of this work session presentation and discussion is to provide City Council with a
prelude of the proposed rate and fee adjustments for 2014, before consideration of First Reading of
the Rate Ordinances on October 15th.
The proposed rate increases are consistent or less than what was anticipated during the 2013-14
Budget process.
Electric development fees are proposed to increase in 2014. Reductions in water and wastewater
rates are proposed for certain rate classes. Water and wastewater plant investment fees are proposed
to be adjusted downward for standard connections due to reduced average usage per customer
although the per gallon per day charges are proposed to be increased. A new development fee, the
Water Right Utilization Fee (WRUF), is proposed for the Water Fund to provide sufficient funding
to fully utilize accepted water rights throughout the year. An increase in the permit fees associated
with the Stormwater Utility to better reflect actual costs for reviewing those permits is also
proposed.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does the Council support or have concerns phasing in the increase to electric development
fees over two years?
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September 24, 2013 Page 2
2. Does the Council support or have concerns with the proposed changes to the water and
wastewater rates?
3. Does the Council support or have concerns with the proposed changes to the water and
wastewater plant investment fees?
4. Does the Council support or have concerns the adjustment to the stormwater permit fees?
5. Does the Council support or have concerns the proposed WRUF?
BACKGROUND / DISCUSSION
Electric Rates and Fees
A 2.0% increase in Platte River Power Authority’s wholesale rates results in a retail increase of
approximately 1.5%. The increased cost for purchased power is passed through to all customer
classes in the energy charge of each rate schedule with no change in the associated demand charges.
Since the energy charge makes up a larger portion of the overall costs of service for large customer
classes, the retail rate increases will be greater for the large commercial and industrial customers.
In addition, the 2014 retail increase includes the second phase of funding for the Fort Collins Solar
Program. This is an additional $500,000 per year for a total of $1,000,000 in annual funding for the
Council-approved program. The $500,000 is approximately equivalent to a 0.5% retail rate increase.
The following graph shows the proposed retail increase by season for each customer class.
The annual review of the Electric Development Fees indicates that a fee increase is necessary to
insure that development costs are reimbursed properly. The increase this year is the result of both
an increase in material costs and the correction of an error in the fee calculation. The model used
to calculate the fees was downloading warehouse data for unjacketed 750 MCM cable and should
have been using data for 220 mil jacketed 750 MCM cable. This change increased the fees for a
typical single family residential lot by 6.7% and a model commercial development by 8.0%.
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September 24, 2013 Page 3
Staff is presenting two options to the Energy Board and to City Council. The first is full
implementation of the increase in 2014 and the other is to level the increase over a two year period,
half in 2014 and half in 2015. Staff recommends phasing the increase over a two year period.
Water Rates and Fees
The rate increases proposed for the Water Utility are the same as those outlined in the adopted 2014
budget. For the Water Utility, a 4% increase is requested ,with 3% for capital improvements and
1% for ongoing potential expenses related to the High Park Fire. The proposed increase will vary
by rate class.
The cost of service study which forms the basis for allocating costs between rate classes and thereby
the rate adjustment for each rate class has been updated in 2013. The proposed 2014 overall
increase of 4% based on the cost of service study results in the rate class specific adjustments as
shown in blue below. These changes are not in keeping with the principle of gradualism in rate
design so staff is recommending that the adjustments to the rate classes are smoothed with the rate
class specific adjustments as shown in green.
The plant investment fee model has also been updated in 2013. As a result of effective conservation
efforts, the average use per customer has decreased in recent years. The impact of this change in
customer behavior is to lessen the amount of plant capacity necessary to treat a new customer. This
results in a decrease in the plant investment fees for standard tap sizes in 2014. Increased capital
investments limited this decrease as the cost per gallon of treatment will increase in 2014. For
connections 3 inches and larger, it is recommended that the plant investment fee be based on specific
customer requirements. Currently, any connection larger than 3 inches is treated this way. Staff is
recommending extending this to 3-inch connections to maintain consistency between the water and
wastewater plant investment fee calculations (see staff recommendation below for more explanation
on why this change is being recommended).
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A new fee is being proposed for the Water utility. This fee, called the Water Right Utilization Fee
(WRUF), is necessary to ensure that new development not only provides water rights necessary to
serve the development but also the capital associated with developing the water storage required to
fully utilize those water rights. Currently, the City of Fort Collins accepts water rights from several
different irrigation companies to meet the raw water requirements for development purposes. Some
of these water rights come with short-term storage, but most do not have any storage associated with
them. Many of these rights are for ditches which only flow during the peak runoff each year. In
order to fully utilize those rights to meet the demand for water throughout the year it is necessary
to have sufficient storage capacity. Because the duration and magnitude of the flows from each of
the irrigation ditch companies is unique, the amount of such storage depends on the specific water
rights. Thus, the new fee will vary by the water right source.
This fee will be presented and discussed as a separate agenda item at the same Council work session
as this item.
Wastewater Rates and Fees
The 3.0% overall rate increase proposed for the Wastewater Utility is what is in the adopted 2014
budget. As with the Water Utility, the proposed increase will vary by rate class based on an updated
cost of service study. The proposed 2014 overall increase of 3%, based on the cost of service study
results in the rate class specific adjustments as shown in blue below. Staff is recommending that
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the adjustments to the rate classes are smoothed with the rate class specific adjustments as shown
in green.
The wastewater plant investment fee model has also been updated in 2013. As with the Water
Utility, effective conservation efforts have reduced the average use per customer in recent years
resulting in a decrease in the proposed plant investment fees for standard tap sizes in 2014. The
table below summarizes the proposed plant investment fees.
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The second to last row of the table above is highlighted to show the significant increase in the
average volume for 3 inch connections and the resulting model increase of 43.9% in the plant
investment fee. Rather than treating every new 3-inch service connection the same and applying
a standard plant investment fee, it is recommended that 3-inch connections be treated the same as
larger connections by basing the plant investment fee on specific customer requirements.
Stormwater Fees
Although no rate adjustment is proposed for the Stormwater utility in 2014, Chapter 10 (Flood
Prevention and Protection) of the City Code specifies three review fees associated with floodplain
administration:
• An applicant for a floodplain use permit shall pay twenty-five dollars ($25);
• An applicant who is required to furnish a floodplain modeling analysis shall pay an
additional fee of three hundred dollars ($300.); and
• An applicant who is requesting a variance shall pay a variance processing fee of three
hundred dollars ($300).
These fees and their respective dollar amounts have not increased since they were originally
adopted. The current fees do not provide a mechanism to properly account for the significant review
times associated with certain types of floodplain reviews, including Conditional Letters of Map
Revision (CLOMRs), Letters of Map Revision (LOMRs) and variance requests. Stormwater Master
Planning and Floodplain Administrative (Stormwater) staff recommend that a new fee structure be
established to better assign costs to floodplain review applicants.
The intent of the proposed floodplain administration review fees is to institute a “user pay” approach
wherein an applicant who is requesting floodplain review services pays for those instead of having
those costs charged to stormwater utility customers through existing stormwater service fees.
Stormwater staff performed an internal analysis using data collected over the last 3 years to
determine the approximate average amount of staff time associated with specific floodplain reviews.
The results show that the current review fees do not appropriately reflect the staff effort necessary
to perform the review functions.
The floodplain permit application fee is proposed to increase from $25 to $50. The proposed fee
structure has categories of review fees that would be collected based on the level of review. In order
to promote more complete submittals and reduce the number of floodplain analysis/CLOMR/LOMR
reviews, staff has proposed a fee structure that collects an initial fee for up to 2 reviews. Each
additional floodplain analysis/CLOMR/LOMR review after the first 2 reviews would have a $500
fee plus $50 for each review hour over 10 hours. This concept is similar to that used by several
other Colorado communities. The variance fee is also proposed at $1,000 to better reflect the
average number of hours (20) of staff review and preparation time associated with presenting the
variance to the Water Board.
Typical Residential Utility Bill
The standard residential customer’s bill will increase in 2014 under the proposed rate changes by
4.0% in the summer and 3.4% the rest of the year. The tables below show the impacts of each of
the proposed rate changes on the overall utility bill.
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ATTACHMENTS
1. Powerpoint presentation
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1
2014 Utility Rates and Fees
City Council Work Session
September 24, 2013
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2
Agenda
Electric Utility
Water Utility
Wastewater Utility
Stormwater Utility
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Electric Utility
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Electric Rate Increase
Two components in 2.0% increase
+ 1.5% retail impact from Platte River Power
Authority’s wholesale rate increase
+ 0.5% for the Fort Collins Solar Program
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5
Impacts by Rate Class & Season
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6
FULL IMPLEMENTATION IN 2014
Current 2013 Proposed 2014 $ Change % Change
$3,156 $3,366 $210 6.7%
Current 2013 Proposed 2014 $ Change % Change
$30,471 $32,895 $2,424 8.0%
Typical Single Family Lot
8600 square feet, 70 foot of street frontage, 150 amp service, 4/0 secondary service
Model Commercial Development
82,000 sq ft, 190 ft street frontage, 250 ft primary srv, 600 amps, 208Volt, 3-phase, 1-transformer
Option 1: Implement the full increase in 2014
Electric Development Fees
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50% IMPLEMENTATION IN 2014
Current 2013 Proposed 2014 $ Change % Change
$3,156 $3,261 $105 3.3%
Current 2013 Proposed 2014 $ Change % Change
$30,471 $31,683 $1,212 4.0%
Model Commercial Development
82,000 sq ft, 190 ft street frontage, 250 ft primary srv, 600 amps, 208Volt, 3-phase, 1-transformer
Typical Single Family Lot
8600 square feet, 70 foot of street frontage, 150 amp service, 4/0 secondary service
Option 2: Implement 50% of the increase in 2014
and the remainder plus any additional changes
in 2015
Electric Development Fees
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8
Water Utility
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9
Water Rate Increase
Two components in 4.0% increase
+ 3.0% for increased capital investment in
infrastructure
+ 1.0% for additional costs associated with the
High Park Fire
Updated Cost of Service study
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10
Impacts by Rate Class
9.0%
‐16.4%
‐1.8%
7.7%
3.5% 4.0%
6.6%
‐5.0%
0.0%
5.3% 3.5%
4.0%
‐20.0%
‐15.0%
‐10.0%
‐5.0%
0.0%
5.0%
10.0%
15.0%
Single Family Multifamily Duplex Commercial High Volume
Industrial
System‐wide
2013 Water Cost of Service Study
Recommendations for 2014 Rates
COS Recommendation
Staff Recommendation
Staff recommends gradual rate adjustments
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Plant Investment Fees
2013 2014
Customer Class / Meter
Size
Peak Day
Usage PIF Fee
Peak Day
Usage Change PIF Fee Change
gpd $ gpd % $ %
PIF $/gpd $ 4.26 $ 4.43 4.0%
Single Family Res
Domestic Use (base) 172 $730 162 -6% $720 -1.4%
Peak Use (per sqft) 785 $0.39 627 -20% $0.32 -17.9%
Multi-family (per unit)
Domestic Use (base) 120 $510 121 1% $540 5.9%
Peak Use (per sqft) 217 $0.27 192 -12% $0.25 -7.4%
Nonresidential
Meter Size
inches
3/4 1,850 $7,880 1,580 -15% $7,000 -11.2%
1 5,340 $22,750 4,300 -19% $19,050 -16.3%
1 1/2 11,130 $47,410 9,390 -16% $41,600 -12.3%
2 16,970 $72,290 14,540 -14% $64,410 -10.9%
3 38,800 $165,290 32,730 -16% $144,990 -12.3%
> 3 inches Based on specific customer requirements
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Water Right Utilization Fee
In addition to Raw Water Requirement
Necessary to fully utilize accepted water rights
Specific to the irrigation company
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13
Wastewater Utility
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Wastewater Fund
Per 2014 City Budget 3.0% rate increase
Increase necessary for capital improvements
Updated Cost of Service study
Plant Investment Fees for 3” connections specific
to customer like > 3” connections
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Impacts by Rate Class
Staff recommends gradual rate adjustments
7.5%
‐5.6%
4.2%
‐3.6%
3.0%
6.1%
‐2.5%
2.8%
‐1.5%
3.0%
‐8.0%
‐6.0%
‐4.0%
‐2.0%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
Single Family Duplex Multifamily Commercial System‐wide
2013 Wastewater Cost of Service Study
Recommendations for 2014 Rates
COS Recommendation
Staff Recommendation
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Plant Investment Fees
Current Fees Proposed 2014
Volume Volume gpd Proposed Fee
Customer Class 05-'08 data Fees 09-'12 data Change PIF Change
gpd $ gpd % $ %
PIF $/gpd $ 11.46 $ 12.35 7.8%
Single family Res 300 $ 3,440 250 -17% $ 3,090 -10.2%
Duplex & Multi-fam 210 $ 2,410 200 -5% $ 2,470 2.5%
Nonresidential
Meter Size (inches)
3/4" 600 $ 6,880 530 -12% $ 6,550 -4.8%
1" 1,510 $ 17,300 1,250 -17% $ 15,440 -10.8%
1 1/2" 2,660 $ 30,480 2,420 -9% $ 29,890 -1.9%
2" 4,670 $ 53,520 4,760 2% $ 58,790 9.8%
3" 12,680 $ 145,310 16,930 34% $ 209,090 43.9%
> 3 inches Based on specific customer requirements
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Stormwater Utility
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Stormwater Fund
Per 2014 City Budget no rate increase
Proposed adjustments to Floodplain Permit fees
No changes to these fees since adoption
New rates based on actual cost of reviews
Stormwater Permit Fees Current $ Proposed $
Floodplain Use Permit $25 $50
Floodplain Model Analysis Review $300 $500
Floodplain Variance $300 $1,000
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Typical Residential Utility Bill
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Typical Residential Summer Utility Bill
SUMMER Current 2013 Estimated 2014 $ Increase % Increase
Electric
700 kWh / mo
Wastewater
4,800 gal / mo
WQA
Stormwater
8,600 sq. ft. lot,
light runoff
Water
15,000 gal / mo
Total Estimated
Average
Monthly Utility
Bill
$ 30.87 $ 32.76
$ 14.26 $ 14.26 $ -
Typical Residential Customer - Monthly Utility Bill
4.0%
6.6%
$ 6.75
$ 3.52
$ 174.71
$ 56.89
$ 167.96
$ 53.37
0.0%
$ 69.46 $ 70.80 $ 1.34 1.9%
$ 1.88 6.1%
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Typical Residential Winter Utility Bill
WINTER Current 2013 Estimated 2014 $ Increase % Increase
Electric
700 kWh / mo
Wastewater
4,800 gal / mo
WQA
Stormwater
8,600 sq. ft. lot,
light runoff
Water
15,000 gal / mo
Total Estimated
Average
Monthly Utility
Bill
$ 26.59 $ 28.35 $ 1.76 6.6%
$ 133.96 $ 138.57 $ 4.61 3.4%
6.1%
$ 14.26 $ 14.26 $ - 0.0%
$ 30.87 $ 32.76 $ 1.88
$ 62.24 $ 63.21 $ 0.97 1.6%
Typical Residential Customer - Monthly Utility Bill
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Rate Communication Plan
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Rates Communication Plan
• Outcome of plan
• Communication based on type of
customer
• Focus on:
Why
What
Rates
Fees
Conservation Programs
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Rates Communication Plan
Key Activities:
• News releases
• Residential
– Year-End Brochure in utility bill
– Newsletters
– Website/social media
• Commercial
– Three commercial rate brochures with letter
– Website/social media
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Rates Communication Plan
Key Activities (cont.):
• Key Accounts
– Key Account Meetings
– One-on-One with brochures
–Email
– Website/social media
• Special Interest Group
– Presentations
– Newsletter Articles
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In Summary
2014 Proposed Rate Increases:
Electric 2.0%
Wastewater 3.0%
Water 4.0%
Stormwater 0.0%
Plant Investment and Development Fees updated
New Water Utilization Fee proposed
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Questions and Discussion
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DATE: September 24, 2013
STAFF: Donnie Dustin, Kevin
Gertig, Lance Smith
Pre-taped staff presentation: available
at fcgov.com/clerk/agendas.php
WORK SESSION ITEM
FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Proposed Water Right Utilization Fee.
EXECUTIVE SUMMARY
The purpose of this work session presentation and discussion is to provide City Council with an
explanation of the need for a Water Right Utilization Fee (WRUF) and how this fee is determined.
In order to meet the water needs of new development or redevelopment within the Water Utility
service area, developers are assessed a Raw Water Requirement (RWR). Many of the water rights
accepted by the Water Utility require storage in order to provide that water supply throughout the
year and during drought years. The WRUF would result in an increase in water development fees,
but provides the capital associated with developing storage to utilize the water rights that are
provided through the current RWR.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What feedback does the Council have regarding the proposed WRUF?
2. Is this item ready for formal Council consideration?
BACKGROUND / DISCUSSION
When development occurs within the Water Utility service area, the development is assessed a Raw
Water Requirement (RWR) and required to pay plant investment fees. The RWR provides the
Water Utility with the necessary raw water to meet the water needs of the development and the plant
investment fees allow the development to buy into the existing water treatment and transmission
system. RWR may be paid in shares of irrigation companies which convey a portion of the
irrigation companies’ water rights to the Water Utility, or may be paid by cash.
An increasingly critical component to the overall infrastructure of the water utility is the need for
sufficient raw water storage. Raw water storage is needed in part to firm the yields of most of the
irrigation company water rights accepted by the Water Utility. In addition, many of those water
rights require year-round return flows that must be met from storage. The WRUF is being proposed
to ensure adequate capital is available to develop the necessary storage for new development.
The yields from irrigation company water rights are variable and seasonal, and do not align with the
timing of the City’s water demands. Some of these water rights come with short-term storage, but
most do not have any storage associated with them. Storage allows water rights to be managed to
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September 24, 2013 Page 2
meet year-round demands. Many of these rights are for ditches which only flow during the peak
runoff each year. Because the amount of storage needed to firm a specific irrigation company’s
water rights depends on when their rights yield compared to when that water is needed to meet
demand, the WRUF will vary by irrigation ditch. The amount of storage required for a particular
irrigation ditch was determined via the Water Utility’s supply system model. The cost of storage
is based on current cost estimates of proposed storage projects. Together, these two parameters
determine the irrigation ditch or water right specific WRUF.
Recognizing that storage is needed to utilize most of the water rights accepted and that costs to
acquire or build storage are increasing, the Water Utility is proposing the WRUF to be paid by the
developer at the time a water service permit is requested. This fee is in addition to the water rights
and/or cash-in-lieu of water rights and plant investment fees that are also required at that time. The
WRUF ensures that new development not only provides water rights necessary to serve the
development, but also the capital associated with developing the water storage required to utilize
those water rights.
A September 11, 2013 memorandum to City Council explains the need for and development of the
WRUF in more detail (Attachment 1).
Impact to Total Water Development Fees
The financial and economic impacts of a new development fee vary by the development. Some
developments are so capital intensive that the WRUF will not significantly impact the decision
process for the developer. Other developments are small enough that the WRUF could have a
noticeable impact on the project from the developer’s perspective. The proposed 2014 water utility
plant investment fees for smaller projects (developments requiring a 2-inch or smaller connection)
are lower than the same fees in 2013, thereby partially offsetting the additional cost of this new fee.
A standard 8,600 square foot single-family residence will require $14,967 in development fees under
the proposed 2014 fee structure compared to $12,727 currently.
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Without the WRUF, the entire rate base will be required to cover the cost of the storage necessary
to meet the water demand of the new development.
Water Board Input
The WRUF was been discussed with the Water Board at its August 15, 2013 meeting and will be
again at the September 19, 2013 meeting when action is being requested of them. The Board’s input
can be discussed during the September 24, 2013 Council work session. In addition to the Water
Board, the WRUF will be discussed with the proposed 2014 rate adjustments with the Chamber of
Commerce in early October, as well as at the Key Accounts Luncheon, before the First Reading of
the rate Ordinances on October 15, 2013.
ATTACHMENTS
1. September 11, 2013 Memorandum to City Council Re: Proposed Water Right Utilization
Fee
2. PowerPoint presentation
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ATTACHMENT 1
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ATTACHMENT 1
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ATTACHMENT 1
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ATTACHMENT 1
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ATTACHMENT 1
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1
Water Right Utilization Fee
(WRUF)
City Council Work Session
September 24, 2013
ATTACHMENT 2
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2
Agenda
What is the WRUF?
Why is a WRUF necessary?
How much is the WRUF?
How will the WRUF impact costs?
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What is the WRUF?
• A water right specific fee designed to cover
the cost of raw water storage
• Paid in addition to any Raw Water
Requirements and any Plant Investment Fees
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4
Why is a WRUF necessary?
• Many water rights accepted by Utilities
require storage to provide water supply:
• Throughout the year
• During drought years
• Meet legal return flow obligations
• Sufficient capital needed for acquiring
storage
• e.g., Halligan enlargement & gravel pits
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5
0
20
40
60
80
100
120
140
160
180
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Date
Flow (cfs)
Direct Flow Rights Water from Storage 2008 Actual Demands
130% of Average Poudre
River Flows (1986)
Water Supplies and Demands for Fort Collins Utilities
Direct flow
rights in excess
of demands.
Storage required to
meet demands.
5
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6
0
20
40
60
80
100
120
140
160
180
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Date
Flow (cfs)
Direct Flow Rights Water from Storage 2008 Actual Demands
30% of Average Poudre
River Flows (2002)
Water Supplies and Demands for Fort Collins Utilities
Significant variation
in water right yields.
Some excess
even in dry
year.
Much more
storage required.
6
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7
0.00
0.10
0.20
0.30
0.40
0.50
0.60
0.70
0.80
0.90
Fort Collins
Loveland
Westminster
Boulder
Thornton
Greeley
Denver
Water
Aurora
Water
Colorado
Springs…
Pueblo
Storage Per Capita (AF/capita)
Front Range Storage Per Capita Comparison
Storage Per Capita Owned or Controlled by Provider
Pro Rata Portion of CBT Project Storage
Note: Based on 2010 population
7
The Water
Utility currently
owns very little
storage outside
of CBT storage
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8
How much is the WRUF?
Water Right Utilization Fee
Water Source "Storage Ratio" (per AF)
Colorado‐Big Thompson Units a 0.00 $0
North Poudre Irrigation Co. b 0.00 $0
Pleasant Valley & Lake Co. 0.77 $3,080
New Mercer Ditch Co. 0.90 $3,600
Arthur Irrigation Co. 0.91 $3,640
Larimer No. 2 Irrigation Co. 1.00 $4,000
Warren Lake (same as Lar. No. 2) 1.00 $4,000
None (Cash in lieu) 1.00 $4,000
Credits or City Certificates ‐ $3,500
a CBT water comes with associated storage and is not currently planned to be firmed with new City‐owned storage.
b The City currently only utilizes the CBT portion of NPIC rights, which comes with the associated storage.
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9
-
10
20
30
40
50
60
70
80
90
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Flow (cfs)
Date
City of Fort Collins
Potential Poudre River Supplies Available to City
Variation among ditches
Ditch company:
Pleasant Valley &
Lake Canal
River Scenario:
90% of Average
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10
-
10
20
30
40
50
60
70
80
90
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Flow (cfs)
Date
City of Fort Collins
Potential Poudre River Supplies Available to City
Variation among ditches
Ditch company:
Pleasant Valley &
Lake Canal
River Scenario:
30% of Average
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11
-
10
20
30
40
50
60
70
80
90
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Flow (cfs)
Date
City of Fort Collins
Potential Poudre River Supplies Available to City
Variation among ditches
Ditch company:
Larimer No. 2
River Scenario:
90% of Average
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12
-
10
20
30
40
50
60
70
80
90
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
Flow (cfs)
Date
City of Fort Collins
Potential Poudre River Supplies Available to City
Variation among ditches
Ditch company:
Larimer No. 2
River Scenario:
30% of Average
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How will the WRUF impact costs?
Single‐family Residence on 8600 sqft lot
2013 2014
Total RWR (acre‐feet) 0.800 0.800
Cash in‐lieu‐of water rights $5,203 $5,203
Plant Investment Fees
Water $4,084 $3,472
Waste Water $3,440 $3,090
WRUF $0 $3,202
Total Water Development Fees $12,727 $14,967
% Increase 18%
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14
Questions:
• What feedback does the Council have
regarding the proposed WRUF?
• Is this item ready for formal Council
consideration?
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15
Thank You
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DATE: September 24, 2013
STAFF: Jon Haukaas, Ken
Sampley, Marsha Hilmes-Robinson,
Brian Varella
Pre-taped staff presentation: available
at fcgov.com/clerk/agendas.php
WORK SESSION ITEM
FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Colorado Water Conservation Board Floodplain Regulation Adoption and other Minor Policy and
Clean-up Items.
EXECUTIVE SUMMARY
The Colorado Water Conservation Board (CWCB) adopted minimum statewide floodplain
regulations in January 2011. All communities must adopt these new standards by January 2014. The
City of Fort Collins already has adopted many of these standards. Therefore, there are relatively few
changes needed to meet the CWCB statewide regulations. The key areas where changes are needed
include:
• Additional critical facilities to be regulated;
• Higher freeboard for additions and substantial improvements;
• Additional items to be included in substantial improvement cost determinations for City
Basin Floodplains;
• Hardship provisions for variance requests; and
• Elimination of waivers for properties in areas where capital projects are under construction
and reduce the floodplain in City Basin Floodplains.
• New Section Heading for Division 5 entitled “FEMA Basin and City Basin Floodplains”
combining the regulations for FEMA Basin floodplains and City Basin floodplains into one
division.
In addition, the current regulations were reviewed for recommended policy or procedural changes.
Items proposed for revision include:
• The definition of abandoned;
• Escrow procedures;
• Mapping criteria;
• Emergency Response Preparedness Plan Requirement for LOMR-Fill areas; and
• LOMR- Fill criteria for properties annexed into the City.
Additional minor clarifications are also proposed.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What feedback does Council have regarding the adoption of the CWCB Floodplain Rules
and other minor policy and clarification item proposed to Chapter 10 of City Code?
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September 24, 2013 Page 2
2. Are there any areas of concern that staff has not addressed?
BACKGROUND / DISCUSSION
CWCB Adoption Rules and Regulations Adoption Process
For a community to participate in the National Flood Insurance Program (NFIP), it must adopt and
enforce floodplain management regulations that meet or exceed the minimum NFIP standards as
well as any more restrictive state requirements. The Colorado Water Conservation Board (CWCB)
is the state agency responsible for floodplain management. The CWCB commenced a process in
2010 to revise and update the Floodplain Rules and Regulations (Rules) governing floodplains
within the State of Colorado. The Rules were initially promulgated in 1987, revised in 2005 and
updated in January 2011. As provided in the Colorado Revised Statutes, flooding is considered to
be an issue of statewide concern, and therefore any Rules governing it will apply statewide in all
municipalities and counties, regardless of home rule status.
A number of goals were formulated by CWCB staff leading to the stimulus to initiate the revision
process.
• The need for increased public safety in times of ever-growing flood losses around the
country.
• Regulations that would result in lower flood insurance premiums statewide.
• Clarification that all state agencies must comply with the Rules.
• Housekeeping language clarifications and other small items to correct known conflicts from
the prior revisions.
The CWCB initiated a considerable public outreach process prior to adoption of the Rules. The City
of Fort Collins Stormwater staff engaged in various opportunities to learn more about the regulations
and informally comment on the proposed standards. The City also discussed the proposed changes
with the various City boards and commissions and community organizations, including:
• Downtown Development Authority, March 7, 2010
• Chamber of Commerce, March 16, 2010
• Water Board, March 25, 2010
• Council Legislative Review Committee, April 13, 2010.
Attachment 1 is a letter from Mayor Hutchinson providing formal comment to the CWCB. The
City also formally commented in writing (Attachment 2) and orally as part of the official Rule
Making Process in November 2010. The City strongly supported the CWCB’s efforts and the
CWCB was responsive to the City’s comments and concerns on specific issues.
Effective January 14, 2011, the State of Colorado adopted higher standards for floodplain
management, which are outlined in the Rules and Regulations for Regulatory Floodplains in
Colorado. The Rules are the minimum standards for the State of Colorado and by extension, the
NFIP in Colorado. A three-year implementation was provided, such that all communities have until
January 14, 2014 to adopt the new regulations. The Federal Emergency Management Agency and
the CWCB both must review any proposed changes to a community’s floodplain regulations to
ensure conformance with the minimum standards. Staff has received comment from the CWCB and
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FEMA and there are a few minor changes that are needed to the draft Code language. This includes
updates to the variance Code language related to historic structures and clarifying that freeboard is
still required for annexed properties that have a Letter of Map Revision Based on Fill. These
changes are not yet reflected in the draft Code language.
Comparison of City of Fort Collins Floodplain Regulations to CWCB Minimum Standards
The National Flood Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary
incentive program that recognizes and encourages community floodplain management activities that
exceed the minimum NFIP requirements. As a result, flood insurance premium rates are discounted
to reflect the reduced flood risk resulting from the community actions meeting the three goals of the
CRS:
• Reduce flood damage to insurable property;
• Strengthen and support the insurance aspects of the NFIP, and
• Encourage a comprehensive approach to floodplain management.
The City of Fort Collins is recognized by FEMA as one of the top 1% of communities in the country
with regard to the Community Rating System (CRS) and is the highest rated community in the State
of Colorado. Compared to many other communities in Colorado, the City of Fort Collins is required
to only make minor code changes to be in compliance with the State Rules. For many communities,
the new regulations are more restrictive than their current adopted standards and will result in a
major shift in floodplain regulation.
The differences between the City’s Current Floodplain Regulations, FEMA minimum standards,
new State standards and the proposed City regulations are shown in Attachment 3.
There are two criteria from the state Rules that need to be directly included in the City of Fort
Collins Regulations. Listed below are the City Code sections and corresponding State Rule with
detailed explanations of the changes:
1. 10-16 - Critical Facilities Definition - Rule 6 A (p. 12-14, Attachment 4) – The definition
of Critical Facilities has expanded from the definition the City of Fort Collins currently
utilizes. Attachment 5 is a table comparing the two definitions. The state has categorized
critical facilities into four categories:
• Essential Services
• Hazardous Material Facilities
• At-Risk Population Facilities, and
• Government Services.
Staff proposes to adopt the state’s general definition for critical facilities and add separate
definitions for each of the above categories, providing specific details on what types of
facilities are included. Facilities currently regulated by the City and not included in the
state’s list have been included into the appropriate category.
The state outlines regulatory requirements for Critical facilities in Rule 6 D and E (p. 15,
Attachment 4). The state Rules offer communities the option of prohibiting critical facilities in the
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100-year floodplain or requiring them to elevate and have dryland access. The City has had the
prohibition of critical facilities since 1995. Staff recommends maintaining the prohibition of all
critical facilities in the 100-year floodplain because of the truly critical nature of these facilities. In
addition, dry access is very difficult to obtain and, in many cases, infeasible. Only essential services
and at-risk population critical facilities will be prohibited in the 500-year floodplain. This change
has been incorporated into City Code Section 10-81(a). This matches with Larimer County and the
alignment of regulations for the Poudre River that took place in 2007 between the City and County.
2. 10-37(c)(2) b-c - Freeboard - Rule 11 B (p. 23, Attachment 4) – Minimum freeboard for
additions and substantial improvements in City and FEMA designated floodplains will
change from six inches to one foot to meet the State standard. For reference, it should be
noted that in 2005, the City lowered the freeboard for additions and substantial
improvements from eighteen inches to 6 inches in City and FEMA designated floodplains.
There are three policies in the City of Fort Collins Regulations that are no longer valid given the
adoption of the State Rules. Listed below are the City Code sections and corresponding State Rule
with explanations of the changes:
1. 10-29(c) and 10-29(d) - Hardship Exemption - Rule 15 (p. 27. Attachment 4) – Variances.
The City currently does not require hardship to be shown when seeking a variance in a City
Basin Floodplain. The new State standards require hardship be shown for any variances to
the State Rules.
2. 10-138(3)b-c., 10-139(3)c-d., and 140(3)c-d -Remodeling - Rule 11 A (p. 23, Attachment
4) - Remodeling criteria in City Basin floodplains will need to meet the minimum FEMA
standards. (i.e. “Pop-top” additions in City Floodplains will no longer be treated differently
than any other remodel. All improvements, including those on floors above the flood
elevation, will be counted toward substantial improvement.) For reference, it should be noted
that in 2005, this standard was lowered from the minimum NFIP regulation to accommodate
easier redevelopment in City Basins, such as Old Town.
3. 10-114 - Waivers - Rule 5 (p. 11 , Attachment 4) - Waivers for properties expected to be
removed from a City Basin floodplain by construction of a Capital Improvement Project will
no longer be allowed. The property will be required to conform to the floodplain regulations
of Chapter 10 until the Capital Project is complete and the mapping has been updated to
formally remove the property from the floodplain. The waiver policy was implemented in
2005 to allow development in City Basin floodplains to not have to wait for completion of
a project and the corresponding remapping.
New Section Heading for Division 5 - Because the City Basin Floodplains will now be
administered nearly identically to the FEMA Basin Floodplains, Division 6 has been removed.
Division 5 will be renamed to be “FEMA BASIN and CITY BASIN FLOODPLAINS”. Necessary
Code sections from Division 6 that are not already included in Division 5, have been moved and
incorporated into Division 5. (Example: Section 10-143 moved to now be 10-114)
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Policy and Procedure Changes
Unrelated to the State mandatory changes, City staff has identified policy and procedure changes
that will assist in the implementation of the floodplain regulations. Listed below are the City code
sections along with an explanation of the proposed change:
1. 10-16 – Definitions - Add a definition for the word “Abandoned” to facilitate
implementation of the nonconforming structures standards in Section 10-46(1). The
definition is proposed to be:
Abandoned shall mean any structure that has been used or was intended for use as
an occupied structure, in whole or in part, including an accessory building, that has
become vacant or unused for a period of at least 365 consecutive days, and meets at
least two of the following conditions:
1. Is open to casual entry or trespass;
2. Is damaged by fire, flood, weather, or vandalism to an extent that prevents safe
occupation;
3. Is the site of loitering or vagrancy;
4. Demonstrates a lack of property maintenance and upkeep as evidenced by one or
more violations of the International Property Maintenance Code, as adopted in City
Code Section 5-47;
5. Is under notice for being in violation of City ordinances;
6. Has been secured or boarded up for at least 365 days;
7. Has utilities disconnected or not in use;
8. Is subject to a condemnation notice or legal order to vacate;
9. Is structurally unsound to an extent that prevents safe occupation; or
10. Is a potential hazard or danger to the public.
2. 10-26(11) - Provide the Executive Director the ability to require escrow for improvements
that are required as part of approval of a floodplain use permit.
3. 10-45 - Refine the criteria for when map revisions are needed when working in the floodway
and the flood elevation is decreasing. This allows projects to progress to construction faster,
by shifting some of the documentation to the end of the project, rather than the beginning.
This new standard will be in alignment with State minimum requirements. The City’s
Streets Department Pavement Management Program will benefit from this change.
However, it may result in portions of projects needing to be redone because not enough
analysis was provided at the front-end of the project and problems are then discovered at the
back-end. In certain situations, this may also lead to the City’s mapping becoming out-of-
date and/or shifting the responsibility of updates to subsequent private applicants or the
City’s Stormwater Department.
4. 10-80(a)(2) – Emergency Response and Preparedness Plan Requirement for LOMR-Fill
Areas – Adds a provision that an Emergency Response and Preparedness Plan (ERPP) as
specified in City Code Section 10-48 shall remain applicable when a Letter of Map Revison
based on Fill (LOMR-F) has been issued. This provision should have been included in
March 2013 when the ERPP code language was adopted. (This is not yet reflected in the
proposed Code language.)
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5. 10-80 - Removal of Property from the Poudre River Flood Fringe – Adds a provision
that the requirements of this section apply even if the Letter of Map Revision (LOMR-F)
occurred when not located in the City. This closes a loop-hole of obtaining a LOMR-F prior
to annexation and then not being subject to the conditions established for properties in the
City that go through the same processes. This is especially important related the prohibition
of residential structures and critical facilities on LOMR-F areas in the Poudre River
floodplain. A provision is included that stipulates that this requirement does not apply to
properties already annexed into the City, except for the freeboard requirement, as required
by the CWCB.
6. 10-113 – Removal of Property from the Flood Fringe of FEMA Basin Floodplains –
Adds a provision that the requirements of this section apply even if the LOMF-F occurred
when not located in the City. This closes a loop-hole of obtaining a LOMR-F prior to
annexation and then not being subject to the conditions established for properties in the City
that go through the same processes. This is especially important related the prohibition of
critical facilities on LOMR-F areas in the FEMA Basin floodplains. A provision is included
that stipulates that this requirement does not apply to properties already annexed into the
City, except for the freeboard requirement, as required by the CWCB.
Clarifications
Several clarification items have been identified by staff. These items include references to updated
FEMA publications, Code language that is not written clearly, removing outdated construction
techniques, and clarification of long-standing policies and practices that will help staff and
applicants with understanding the floodplain requirements. Listed below are the City Code sections
along with an explanation of the proposed change:
10-16 Definitions – Add a definition for the word “Colorado Floodplain Regulations.”
10-16 Definitions – Add a definition for the word “Conditional Letter of Map Revision.
(CLOMR)”
10-16 Definitions - Cumulative Substantial Improvements – clarify that this value is tracked
only during the time period that the structure is mapped in the floodplain. A provision is
being added clarifying ordinary maintenance repairs are not to be included in the calculation
of cumulative substantial improvement so long as there are no other structural improvements
taking place. If structural improvements are taking place, then these items are still to be
included in the calculation of substantial improvement or cumulative substantial
improvement. This has been standard practice for over 16 years.
10-16 – Definitions – Add a definition for the word “hardship”. This was at the request of
the Water Board. The definition is based on FEMA guidance.
10-16 – Definitions – Market value is modified with minor clarifications.
10-16 – Definitions - Add a definition for the word “Physical Map Revision (PMR).”
10-16 – Definitions - Add a definition for the word “Preliminary Map Revision.”
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10-16 – Definitions – Start of Construction is modified with minor clarifications.
10-16 – Definitions - Substantial Improvement is modified to clarify how the time period
for calculation of substantial improvement is determined. A provision is being added
clarifying ordinary maintenance repairs are not to be included in the calculation of
substantial improvement so long as there are no other structural improvements taking place.
If structural improvements are taking place, then these items are still to be included in the
calculation of substantial improvement or cumulative substantial improvement. This has
been standard practice for over 16 years.
10-26(4) Executive Director’s Powers and Duties – Revise to only allow a Professional
Land Surveyor to complete a FEMA Elevation Certificate. This is per State law regarding
who is allowed to certify elevations.
10-27 Floodplain Use Permit – Add several clarifications:
• Clarify that a floodplain use permit is still required for structures in LOMR-Fill
areas.
• Clarify the standards that should be used when preparing floodplain mapping. All
floodplain mapping should meet the requirements set forth in the latest version of the
FEMA publication, “Guidelines and Specifications for Flood Hazard Mapping
Partners.”
10-29 Conditions for Variance – Clarify that all variances must meet the standards set forth
in this section.
10-37 General Provisions related to Elevation of Structures – Add a provision clarifying
that a FEMA Elevation Certificate or FEMA Floodproofing Certificate is required to be
submitted and approved for any structure required to elevate under the provisions of 10-37.
This is a minimum FEMA requirement and has been in practice by the City for over 20 years
per 10-26 (4) Executive Director’s Power’s and Duties. Stating this requirement in Section
10-37 will provide clarification on this requirement for applicants.
10-38 Specific Standards for Floodproofing – clarified that Section 10-38(3)a. is a “pre-
construction” floodproofing certificate and 10-38(4) is a “post-construction” elevation
certificate.
10-41 Specific Standards for Mobile Buildings and Manufactured Homes – Details
regarding acceptable methods for mobile home installation are removed from code. Many
of these methods are no longer used. The FEMA publication has been updated and will be
used for determining acceptable installation methods.
FINANCIAL/ECOMOMIC IMPACTS
There will be some short-term financial impacts to some floodplain properties due to the adoption
of the statewide Floodplain Regulations that require properties to follow certain new regulations.
However, these regulations are also designed to provide long-term financial benefits by protecting
properties from flood damage. If the CWCB regulations were not to be adopted by the City, there
could be significant financial impacts because the community could be placed on probation or be
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suspended from the National Flood Insurance Program. Attachment 6 is a letter from FEMA to the
State outlining the consequences for communities that do not adopt the CWCB’s Rules and
Regulations.
ENVIRONMENTAL IMPACTS
There are no significant environment impacts or benefits to the proposed regulation changes.
PUBLIC OUTREACH
City staff conducted public outreach during July and August to make the public aware of these
required changes. A press release was issued and a web site was created. Presentations were given
to the following groups/organizations:
Chamber of Commerce, August 23, 2013
Home Builders Association, August 27, 2013
City staff, August 20, 2013 and August 29, 2013
Landmark Preservation Commission, scheduled for September 25, 2013
The following groups were contacted, but declined a presentation:
North Fort Collins Business Association
South Fort Collins Business Association
Downtown Development Authority
Board of Realtors
Natural Resources Advisory Board
Feedback
The majority of the attendees of the presentations understood the reason for the proposed changes
and that it was important for the City to adopt these State-mandated standards. A key concern from
these meetings was the impact on remodels and additions in the Old Town Basin. Staff understands
these concerns and will work closely with property owners and design professionals to explain the
regulations and to work toward creative design solutions that meet the floodplain regulations. It is
important to note that past capital projects have reduced the floodplain and removed over 300
structures from the Old Town floodplain since 1997, thereby reducing by approximately 37 % the
number of properties in Old Town that must comply with the City’s floodplain regulations. Future
capital projects will continue to reduce the number of properties at risk of flooding and that must
comply with the floodplain regulations. Furthermore, it is important to note that there is a variance
provision for historically designated structures that can be utilized when the floodplain standards
cannot be met.
There was also concern that the definition of “abandoned” was too harsh and that foreclosed
properties could easily be considered abandoned. A suggestion was made to not consider a property
abandoned if property taxes were still being paid. Floodplain staff, in consultation with the City
Attorney’s office, did not feel that this was meeting the intent of defining abandoned and therefore,
this suggestion was not incorporated.
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In addition, staff responded in writing to questions from Mickey Willis regarding the regulations.
Boards and Commission Recommendations
The Water Board and Planning and Zoning Board each had a work session on this issue and then
took action at a regular meeting. The Water Board voted unanimously in favor of the proposed
changes. Attachment 7 is an excerpt from the Water Board minutes. The Planning and Zoning
Board motion to recommend the proposed changes failed by a 3-3 vote. Attachment 8 is an excerpt
for the Planning and Zoning Board minutes.
ATTACHMENTS
1. Letter from Mayor Hutchinson providing formal comment to the CWCB.
2. City of Fort Collins Formal comment on CWCB Regulations.
3. Floodplain Regulation Comparison Table - Current City vs. FEMA Minimum vs. State vs.
Proposed City Regulations
4. Rules and Regulations for Regulatory Floodplains in Colorado
5. Table comparing the critical facilities definitions of the State of Colorado and the City of
Fort Collins.
6. Letter from FEMA to the state describing the consequences if communities do not adopt the
CWCB Rules and Regulations.
7. Water Board minutes
8. Planning and Zoning Board minutes
9. Draft Code language
10. Powerpoint presentation
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ATTACHMENT 2
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FLOODPLAIN REGULATION COMPARISON TABLE - Current City vs. FEMA Minimum vs. State (CWCB) vs. Proposed City Regulation
ISSUE 100-year Floodplain Poudre River 500-year Floodplain FEMA and City Moderate Risk Floodplain
Existing City
Regulation
Color Key
Does not meet
FEMA minimum
regulations
FEMA
Minimum
Regulation
State (CWCB)
Regulation
New as of
January 2011
Proposed City
Regulation
Color Key
MORE
RESTRICTIVE
NO CHANGE
Existing City
Regulation
FEMA
Minimum
Regulation
State (CWCB)
Regulation
New as of
January 2011
Proposed City
Regulation
Color Key
MORE
RESTRICTIVE
NO CHANGE
Existing City
Regulation
FEMA
Minimum
Regulation
State (CWCB)
Regulation
New as of
January 2011
Proposed City
Regulation
Color Key
MORE
RESTRICTIVE
NO CHANGE
Floodway Rise 0.5 foot 1.0 foot 0.5 foot 0.5 foot none none none none none none none none
Freeboard for
New Structures
and
Redevelopment
Poudre River = 24
inches above flood
level.
City and FEMA
ISSUE 100-year Floodplain Poudre River 500-year Floodplain FEMA and City Moderate Risk Floodplain
Existing City
Regulation
Color Key
Below FEMA
minimum
regulations
FEMA
Minimum
Regulation
State (CWCB)
Regulation
Proposed City
Regulation
Color Key
MORE
RESTRICTIVE
NO CHANGE
Existing City
Regulation
FEMA
Minimum
Regulation
State (CWCB)
Regulation
Proposed City
Regulation
Color Key
MORE
RESTRICTIVE
NO CHANGE
Existing City
Regulation
FEMA
Minimum
Regulation
State (CWCB)
Regulation
Proposed City
Regulation
Color Key
MORE
RESTRICTIVE
NO CHANGE
LOMR-Fill
requirements
Poudre River-
Must meet
freeboard
requirements, no
residential and no
critical facilities.
FEMA Basin -
Must meet
freeboard
requirements and
no critical
facilities.
City Basin - NA
Be “reasonably
DEPARTMENT OF NATURAL RESOURCES
COLORADO WATER CONSERVATION BOARD
RULES AND REGULATIONS FOR REGULATORY
FLOODPLAINS IN COLORADO
November 17, 2010
ATTACHMENT 4
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RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO
COLORADO WATER CONSERVATION BOARD
DEPARTMENT OF NATURAL RESOURCES
TABLE OF CONTENTS
Rule Title Pages
1 Rules and Regulations for Regulatory Floodplains in Colorado 3
2 Authority 3
3 Purpose and Scope 3
4 Definitions 4
5 The State Regulatory Floodplain 11
6 Critical Facilities 12
7 Standards for Delineation of the Regulatory Floodplain Information 15
8 Standards for Regulatory Floodways 18
9 Criteria for Determining the Effects of Flood Control Structures on Regulatory
Floodplains
19
10 Criteria for Determining the Effects of Levees on Regulatory Floodplains 21
11 Floodplain Management Regulations 23
12 Effects of Flood Mitigation Measures and Stream Alteration Activities on
Regulatory Floodplains
23
13 Process for Designation and Approval of Regulatory Floodplains 25
14 Designation and Approval of Changes to Regulatory Floodplains 26
15 Variances 27
16 Enforcement of Floodplain Rules and Regulations 28
17 Incorporation by Reference 29
18 Severability 29
19 Recommended Activities for Regulatory Floodplains 29
20 Effective Date 31
Note: Statement of Basis and Purpose follows last page of Rules
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RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO
Rule 1. Title: The formal title of the previous Rules and Regulations was "Rules and Regulations
for the Designation and Approval of Floodplains and of Storm or Floodwater Runoff
Channels in Colorado" as approved in 1988. The title for these Rules and Regulations was
revised in 2005 to "Rules and Regulations for Regulatory Floodplains in Colorado," and
amended here under the same title (referred to herein collectively as the "Rules" or
individually as "Rule"). These Rules supersede both the 2005 and the 1988 Rules.
Rule 2. Authority: These Rules are promulgated pursuant to the authority granted the Colorado
Water Conservation Board (Board or CWCB) in sections 24-4-103, 24-65.1-101(1)(c)(I),
24-65.1-202(2)(a)(I), 24-65.1-302(2)(a), 24-65.1-403(3), 30-28-111(1)–(2), 31-23-301(1)–
(3), 37-60-106(1), 37-60-106(1)(c)–(g), (j), (k), C.R.S. (2010).
Rule 3. Purpose and Scope:
A. Purpose. The purpose of these Rules is to provide uniform standards for regulatory
floodplains (or floodplains) in Colorado, to provide standards for activities that may impact
regulatory floodplains in Colorado, and to stipulate the process by which floodplains will be
designated and approved by the CWCB. Rules for Regulatory Floodplains are of statewide
concern to the State of Colorado and the Colorado Water Conservation Board in order to
prevent flooding and the negative impacts of floods, as well as to assure public health,
safety, welfare and property by limiting development in floodplains. These Rules will also
assist the CWCB and communities in Colorado to develop sound floodplain management
practices and implement the National Flood Insurance Program (NFIP). These Rules shall
apply throughout the State of Colorado, without regard to whether a community participates
in the National Flood Insurance Program. These Rules shall also apply to activities
conducted by state agencies and to Federal activities that are fully or partially financed by
state funds. These Rules also apply to projects or studies for which the Board has made a
loan or grant pursuant to sections 37-60-120(2) and 37-60-121(1)(b)(VII), (IX)(C).
B. Scope
(1) Zoning. These Rules apply to all floodplain information developed for zoning and
for floodplain permitting purposes for waterways in the State of Colorado by, but
not limited to, individuals, corporations, local government agencies, regional
government agencies, state government agencies, Indian tribes, and federal
government agencies.
(2) Subdivisions. These Rules generally apply to the local approval of subdivision
drainage reports that provide 100-year floodplain information. Local governments
should ensure that site-specific floodplain delineations, intended for regulatory
purposes when they are prepared, for development activities are consistent with
floodplain information designated and approved by the Board.
(3) Dam Failure floodplain. These Rules do not apply to the identification of the area
potentially inundated by the catastrophic or sudden failure of any man-made
structure such as a dam, canal, irrigation ditch, pipeline, or other artificial channel.
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Rule 4. Definitions: The following definitions are applicable to these Rules and Regulations for
Regulatory Floodplain in Colorado:
Term Definition
100-year Flood A flood having a recurrence interval that has a one-
percent chance of being equaled or exceeded during any
given year (1-percent-annual-chance-flood). The terms
"one-hundred-year flood" and "one percent chance flood"
are synonymous with the term "100-year flood." The
term does not imply that the flood will necessarily happen
once every one hundred years.
100-year Floodplain The area of land susceptible to being inundated as a result
of the occurrence of a one-hundred-year flood.
500-year Flood A flood having a recurrence interval that has a 0.2-percent
chance of being equaled or exceeded during any given
year (0.2-percent-chance-annual-flood). The term does
not imply that the flood will necessarily happen once
every five hundred years.
500-year Floodplain The area of land susceptible to being inundated as a result
of the occurrence of a five-hundred-year flood.
Addition Any activity that expands the enclosed footprint or
increases the horizontal square footage of an existing
structure.
Alluvial Fans A fan-shaped sediment deposit formed by a stream that
flows from a steep mountain valley or gorge onto a plain
or the junction of a tributary stream with the main stream.
Alluvial fans contain active stream channels and boulder
bars, and recently abandoned channels. Alluvial fans are
predominantly formed by alluvial deposits and are
modified by infrequent sheet flood, channel avulsions and
other stream processes.
Approximate Floodplain Floodplain information that significantly reduces
Information the level of detail for topographic mapping or hydraulic
calculations to arrive at floodplain delineations without a
comparison of water surface profiles with a topographic
map of compatible accuracy. The level of detail for
hydrology is consistent with that of detailed floodplain
information.
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Base Flood Is synonymous with 100-year flood and is a flood having
a one percent chance of being equaled or exceeded in any
given year.
Base Flood Elevation (BFE) The elevation shown on a FEMA Flood Insurance Rate
Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE,
AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that
indicates the water surface elevation resulting from a
flood that has a one percent chance of equaling or
exceeding that level in any given year.
Basin The total land surface area from which precipitation is
conveyed or carried by a stream or system of streams
under the force of gravity and discharged through one or
more outlets.
Channel The physical confine of stream or waterway consisting of
a bed and stream banks, existing in a variety of
geometries.
Channelization The artificial creation, enlargement or realignment of a
stream channel.
Code of Federal Regulations (CFR) The codification of the general and permanent Rules
published in the Federal Register by the executive
departments and agencies of the Federal Government. It is
divided into 50 titles that represent broad areas subject to
Federal regulation.
Colorado Floodplain and The Manual prepared by the CWCB to aid local
Stormwater Criteria Manual officials and engineers in the proper regulation and design
of flood protected facilities. The Manual is advisory,
rather than regulatory, in purpose.
Community Any political subdivision in the state of Colorado that has
authority to adopt and enforce floodplain management
regulations through zoning, including, but not limited to,
cities, towns, unincorporated areas in the counties, Indian
tribes and drainage and flood control districts.
Conditional Letter of Map Revision (CLOMR) FEMA's comment on a proposed project, which
does not revise an effective floodplain map, that would,
upon construction, affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the
modification of the existing regulatory floodplain.
Critical Facility or Critical Facilities Means a structure or related infrastructure, but not the
land on which it is situated, as specified in Rule 6, that if
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flooded may result in significant hazards to public health
and safety or interrupt essential services and operations
for the community at any time before, during and after a
flood. See Rule 6.
Debris Flow Movement of mud, water, and other materials downward
over sloping terrain. The flow typically consists of a
mixture of soil, rock, woody debris and water that flows
down steep terrain.
Designation and Approval Certification by formal action of the Board that technical
information developed through scientific study using
accepted engineering methods is suitable for local
governments making land use decisions under statutorily
authorized zoning powers.
Detailed Floodplain Information Floodplain information prepared utilizing topographic
base mapping, hydrologic analysis, and hydraulic
calculations to arrive at precise water surface profiles and
floodplain delineations suitable for making land use
decisions under statutorily authorized zoning powers.
Development Any man-made changes to improved or unimproved real
estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
DFIRM Database Database (usually spreadsheets containing data and
analyses that accompany DFIRMs). The FEMA Mapping
Specifications and Guidelines outline requirements for the
development and maintenance of DFIRM databases.
Digital Flood Insurance FEMA digital floodplain map. These digital
Rate Map (DFIRM) maps serve as “regulatory floodplain maps” for insurance
and floodplain management purposes.
Federal Register The official daily publication for Rules, proposed Rules,
and notices of Federal agencies and organizations, as well
as executive orders and other presidential documents.
FEMA Federal Emergency Management Agency.
FEMA Guidelines & Specifications Floodplain mapping specifications published by
for Flood Hazard Mapping Partners FEMA. The FEMA Guidelines and Specifications for
Flood Hazard Mapping Partners (2009) are incorporated
herein by reference and available for viewing at
www.fema.gov/fhm/dl_cgs.shtm and for inspection at the
CWCB offices at 1313 Sherman Street, Room 721,
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Denver CO 8020. The regulations may also be examined
at any state or federal publications depository library.
The FEMA Mapping Specifications and Guidelines
incorporated herein by reference are only those in
existence at the time of the promulgation of these Rules
and Regulations for Regulatory Floodplains in Colorado
and do not include later amendments to or editions of the
incorporated material.
"Flood" or "Flooding" A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of water from channels and reservoir
spillways;
2. The unusual and rapid accumulation or runoff of
surface waters from any source; or
3. Mudslides or mudflows that occur from excess
surface water that is combined with mud or other
debris that is sufficiently fluid so as to flow over the
surface of normally dry land areas (such as earth
carried by a current of water and deposited along the
path of the current.
Flood Contour A line shown on a map joining points of equal elevation
on the surface of floodwater that is perpendicular to the
direction of flow.
Flood Control Structure A physical structure designed and built expressly or
partially for the purpose of reducing, redirecting, or
guiding flood flows along a particular waterway.
Flood Insurance Rate Map (FIRM) A FIRM is the official map of a community on which
FEMA has delineated both the special hazard areas and
the risk premium zones applicable to the community.
Flood Mitigation Project A project within or adjacent to a flooding source that is
specifically intended to reduce or eliminate the negative
impacts caused by excessive floodwaters through
improvement of drainage, flood control, flood conveyance
or flood protection.
Floodplain The area of land that could be inundated as a result of a
flood, including the area of land over which floodwater
would flow from the spillway of a reservoir.
Floodplain Management The operation of an overall program of corrective and
preventive measures for reducing flood damage,
including, but not limited to, zoning or land-use
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regulations, flood control works, and emergency
preparedness plans.
Floodplain Management Regulations Zoning ordinances, subdivision regulations, building
codes, health regulations, land-use permits, special
purpose ordinances (floodplain ordinance, grading
ordinance, or erosion control ordinance) and other
applications of regulatory powers. The term describes
state/local regulations that provide standards for flood
damage preservation and reduction.
Floodplain Maps Maps that show in a plan view the horizontal boundary of
floods of various magnitudes or frequencies. Such maps
include, but are not limited to, Flood Hazard Boundary
Maps (FHBM), Flood Insurance Rate Maps (FIRM), and
Digital Flood Insurance Rate Maps (DFIRM) published
by FEMA, Flood Prone Area Maps published by the U.S.
Geological Survey (USGS), Flooded Area Maps
published by the U. S. Army Corps of Engineers (COE),
Floodplain Information Reports published by the CWCB
or others, Flood Hazard Area Delineations (FHAD)
published by the Urban Drainage and Flood Control
District (UDFCD), and other locally adopted floodplain
studies and master plans.
Floodplain Studies A formal presentation of the study process, results, and
technical support information developed for floodplain
maps.
Floodway The channel of a river or other watercourse and the
adjacent land areas that must be kept free of obstructions
in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a
designated height.
Foreseeable Development The potential future development of, or changes in, the
land uses that are likely to take place during the period of
time covered by a community's adopted master land use
plan or comprehensive community plan, or if no time
period is specified, over a 20-year period. If there is no
adopted community plan, then potential development
patterns based on zoning, annexations, and other relevant
factors should be evaluated.
Freeboard The vertical distance in feet above a predicted water
surface elevation intended to provide a margin of safety to
compensate for unknown factors that could contribute to
flood heights greater than the height calculated for a
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selected size flood such as debris blockage of bridge
openings and the increased runoff due to urbanization of
the watershed.
Geographic Information Computer software that utilizes databases and
Systems (G.I.S.) terrain mapping to store and display spacial and tabular
data, such as floodplains, as layers (e.g. political
boundaries, roadways, structures, topographic
information) for natural resource management and other
uses.
Hydraulic analysis The determination of flood elevations and velocities for
various probabilities based on a scientific analysis of the
movement and behavior of floodwaters in channels and
overbank areas.
Hydrologic Analysis The computation of the peak rate of flow, or discharge in
cubic feet per second, for various selected probabilities
for streams, channels, or watersheds based on a scientific
analysis of the physical process.
Letter of Map Revision (LOMR) An official revision to the currently effective FEMA map.
It is issued by FEMA and changes flood zones,
delineations, and elevations.
Letter of Map Revision Based on Fill
(LOMR-F) FEMA’s modification of the Special Flood Hazard Area
(SFHA) shown on the Flood Insurance Rate Map (FIRM)
based on the placement of fill outside the existing
regulatory floodway.
Levee An artificial structure or land feature that has been
designed and is operated, wholly or in part, for the
purpose of containing, controlling, or diverting the flow
of water.
Low Impact Development (LID) Development design/construction strategy that maintains
the predevelopment hydrologic regime to the extent
possible. The goal of LID is to mimic the natural runoff
hydrograph as much as practicable in terms of magnitude,
frequency, duration, timing, and rate of change of stream
flows. LID focuses on small scale stormwater retention
and detention, reduced impervious areas, and increased
runoff periods.
Material Safety Data Sheet (MSDS) A form with data regarding the properties of a particular
substance. An important component of product
stewardship and workplace safety, it is intended to
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provide workers and emergency personnel with
procedures for handling or working with that substance in
a safe manner, and includes information such as physical
data (melting point, boiling point, flash point, etc.),
toxicity, health effects, first aid, reactivity, storage,
disposal, protective equipment, and spill-handling
procedures.
Mitigation The process of preventing disasters or reducing related
hazards. Structural Mitigation, includes, but is not limited
to, flood proofing structures, diverting floodwaters,
detention ponds, floodwalls or levees. Nonstructural
Mitigation includes, but is not limited to, education,
planning, and design of flood prevention measures,
emergency preparedness plans, elevating relocating
structures, purchasing property for open space, or early
flood warning detection systems.
National Flood Insurance FEMA’s program of flood insurance coverage
Program (NFIP) and floodplain management administered in conjunction
with the Robert T. Stafford Disaster Relief and
Emergency Assistance Act. The NFIP has applicable
Federal regulations promulgated in Title 44 of the Code
of Federal Regulations. The U.S. Congress established the
NFIP in 1968 with the passage of the National Flood
Insurance Act of 1968.
Post-Wildfire Hydrology Methodologies and calculations developed to account for
the increased stormwater runoff following forest fires.
Post-wildfire hydrology is typically evaluated every 3 to 5
years to assess the need for further revision based on
watershed recovery, forest re-growth, and other factors.
Provisionally Accredited Levee (PAL) A levee that FEMA has previously credited with
providing protection from a 1-percent-chance-annual-
flood on an effective FIRM or DFIRM, for which FEMA
is awaiting data and/or documentation that will show the
Levee’s compliance with Levee certification requirements
of the NFIP regulations.
Regulatory Floodplain Floodplain Maps, Profiles, and related information for
flood hazard areas that have been designated and
approved by the CWCB. See Rule 5.
Residual Risk The threat to the areas behind levees that may still be at
risk for flooding. Although the probability of flooding
may be lower because a levee exists, the consequence to
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personal safety and property is much higher should a
levee overtop or fail.
Stream Alteration Activity Any manmade activity within a stream or floodplain that
alters the natural channel, geometry, or flow
characteristics of the stream.
Substantial Change Any improvement to, or rehabilitation due to damage of, a
structure for which the activity performed equals or
exceeds 50% of the pre-improvement or pre-damaged
value of the structure. The value of the structure shall be
determined by the local jurisdiction having land use
authority in the area of interest.
Threshold Planning Quantity (TPQ) A quantity designated for each chemical on the list of
extremely hazardous substances that triggers notification
by facilities to the State that such facilities are subject to
emergency planning requirements.
Topography Configuration (relief) of the land surface elevation; the
graphic delineation or portrayal of that configuration in
map form, as by lines of constant elevation called contour
lines.
Use Change Any change in the primary use of a facility.
Water Surface Profile A graph that shows the relationship between the vertical
elevation of the top of the floodwater and of the
streambed with the horizontal distance along the stream
channel.
Rule 5. Regulatory Floodplain: The Regulatory Floodplain in Colorado is the 100-year
floodplain. However, the CWCB will Designate and Approve 500-year floodplain
information but only at the written request of a local authority having land use jurisdiction.
In addition, previously designated floodplain areas that have been removed from FEMA’s
effective regulatory floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall
remain within the Regulatory Floodplain for all activities affected by Rule 11(c). All
Designated and Approved Regulatory Floodplain information can be used by local
authorities having land use jurisdiction for the purpose of local regulation. The General
Assembly has deemed the designation of floodplains a matter of statewide importance and
interest and gave the CWCB the responsibility for the designation of Regulatory
Floodplains and to assure protection of public health, safety, welfare and property by
protecting development in the Regulatory Floodplains. §§ 24-65.1-101, 24-65.1-
202(2)(a)(I), 24-65.1-302(1)(b), (2)(a), 24-65.1-403(3), 24-65.1-404(3).
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Rule 6. Critical Facilities:
A. Classification: Critical Facilities are classified under the following categories: (1) Essential
Services; (2) Hazardous Materials; (3) At-risk Populations; and (4) Vital to Restoring Normal
Services.
(1) Essential services facilities include public safety, emergency response, emergency
medical, designated emergency shelters, communications, public utility plant facilities ,
and transportation lifelines.
These facilities consist of:
a. Public safety (police stations, fire and rescue stations, emergency vehicle and
equipment storage, and, emergency operation centers);
b. Emergency medical (hospitals, ambulance service centers, urgent care centers
having emergency treatment functions, and non-ambulatory surgical structures but
excluding clinics, doctors offices, and non-urgent care medical structures that do
not provide these functions);
c. Designated emergency shelters;
d. Communications (main hubs for telephone, broadcasting equipment for cable
systems, satellite dish systems, cellular systems, television, radio, and other
emergency warning systems, but excluding towers, poles, lines, cables, and
conduits);
e. Public utility plant facilities for generation and distribution ( hubs, treatment
plants, substations and pumping stations for water, power and gas, but not
including towers, poles, power lines, buried pipelines, transmission lines,
distribution lines, and service lines); and
f. Air Transportation lifelines (airports (municipal and larger), helicopter pads and
structures serving emergency functions, and associated infrastructure (aviation
control towers, air traffic control centers, and emergency equipment aircraft
hangars).
Specific exemptions to this category include wastewater treatment plants (WWTP),
Non-Potable water treatment and distribution systems, and hydroelectric power
generating plants and related appurtenances.. Owners of these facilities are encouraged
to meet the spirit of Rule 6(D) when practicable in order to protect their own
infrastructure and to avoid system failures during extreme flood events. Emergency
restoring plans following major flood events should be considered as a prudent addition
to operation and maintenance plans for those facilities.
Public utility plant facilities may be exempted if it is demonstrated to the satisfaction of
the local authority having jurisdiction that the facility is an element of a redundant
system for which service will not be interrupted during a flood. At a minimum, it shall
be demonstrated that redundant facilities are available (either owned by the same utility
or available through an intergovernmental agreement or other contract) and connected,
the alternative facilities are either located outside of the 100-year floodplain or are
compliant with this rule, and an operations plan is in effect that states how redundant
systems will provide service to the affected area in the event of a flood. Evidence of
ongoing redundancy shall be provided to the local authority on an as-needed basis upon
request by that local authority.
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(2) Hazardous materials facilities include facilities that produce or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials.
These facilities may include:
a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical
manufacturing);
b. Laboratories containing highly volatile, flammable, explosive, toxic and/or water-
reactive materials;
c. Refineries;
d. Hazardous waste storage and disposal sites; and
e. Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be Critical Facilities if they produce or store materials
in excess of threshold limits. If the owner of a facility is required by the Occupational
Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet
(MSDS) on file for any chemicals stored or used in the work place, AND the
chemical(s) is stored in quantities equal to or greater than the Threshold Planning
Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical
Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed
(whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also
known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other
chemical. This threshold is consistent with the requirements for reportable chemicals
established by the Colorado Department of Health and Environment. OSHA
requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental
Protection Agency (EPA) regulation “Designation, Reportable Quantities, and
Notification,” 40 C.F.R. § 302 (2010), available at
http://www.access.gpo.gov/nara/cfr/waisidx_03/40cfr302_03.html, and OSHA
regulation “Occupational Safety and Health Standards,” 29 C.F.R. § 1910 (2010),
available at http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfr1910_99.html, are
incorporated herein by reference and include the regulations in existence at the time
of the promulgation of these Rules, but exclude later amendments to or editions of
the regulations.
Specific exemptions to this category include: a) Finished consumer products within
retail centers and households containing hazardous materials intended for household
use, and agricultural products intended for agricultural use. b) Buildings and other
structures containing hazardous materials for which it can be demonstrated to the
satisfaction of the local authority having jurisdiction by hazard assessment and
certification by a qualified professional (as determined by the local jurisdiction having
land use authority) that a release of the subject hazardous material does not pose a
major threat to the public. c) Pharmaceutical sales, use, storage, and distribution centers
that do not manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also function as
Critical Facilities under another category outlined in this Rule 6(A).
(3) At-risk population facilities include medical care, congregate care, and schools.
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These facilities consist of:
a. Elder care ( nursing homes);
b. Congregate care serving 12 or more individuals ( day care and assisted living);
c. Public and private schools (pre-schools, K-12 schools), before-school and after-
school care serving 12 or more children);
(4) Facilities vital to restoring normal services including government operations.
These facilities consist of:
a. Essential government operations (public records, courts, jails, building permitting
and inspection services, community administration and management, maintenance
and equipment centers);
b. Essential structures for public colleges and universities (dormitories, offices, and
classrooms only);
These facilities may be exempted if it is demonstrated to the satisfaction of the local
authority having jurisdiction that the facility is an element of a redundant system for
which service will not be interrupted during a flood. At a minimum, it shall be
demonstrated that redundant facilities are available (either owned by the same entity or
available through an intergovernmental agreement or other contract), the alternative
facilities are either located outside of the 100-year floodplain or are compliant with this
rule, and an operations plan is in effect that states how redundant facilities will provide
service to the affected area in the event of a flood. Evidence of ongoing redundancy
shall be provided to the local authority on an as-needed basis upon request by that local
authority.
B. Identification of Critical Facilities. It is the responsibility of the local jurisdiction having
land use authority to identify and confirm that specific structures in their community meet
the criteria outlined in Rule 6(A) and are deemed to be Critical Facilities. All structures
that clearly meet the intent of Rule 6 shall be deemed Critical Facilities by that jurisdiction.
For those structures for which it is unclear or otherwise ambiguous if the criteria are met,
the local jurisdiction shall have the sole discretion to determine if the structure is a Critical
Facility. Local jurisdictions may adopt ordinances that regulate to higher standards or that
include additional facilities within the definition of Critical Facilities. Critical Facilities that
are also designated as historic structures (determinations by the State Historic Preservation
Office) are exempt from these requirements. Pursuant to section 24-65.1-202(2)(a)(I)(A),
C.R.S. (2010), open space activities such as agriculture, horticulture, floriculture,
recreation, and mineral extraction, including oil and gas activities, shall be encouraged in
the floodplain, and are exempt as Critical Facilities unless provisions within Rule 6(A)(2)
apply.
Required identification of Critical Facilities shall be limited to owner-occupied structures.
Local jurisdictions may, at their sole discretion, include leased facilities in their
identification of Critical Facilities.
C. 500-year Flood Events. The CWCB acknowledges that flooding does occur above and
beyond 100-year (1% annual chance) events. Communities are encouraged to regulate
development of Critical Facilities within the 500-year floodplain, when available.
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D. Protection of Critical Facilities. All new and Substantially Changed Critical Facilities,
and new Additions to Critical Facilities, shall be regulated to a higher standard than those
structures not determined to be Critical Facilities. Local jurisdictions having land use
authority are encouraged to consult with the owner of the Critical Facility in determining
the value of the Critical Facility when a Substantial Change is being considered. This Rule
6 shall be applied to a Use Change if the new use meets the provisions within Rule 6(A).
Further, although Rule 6 shall apply to new Additions made at Critical Facilities, it shall
only apply to the new Additions, and not the Critical Facility to the extent the Critical
Facility existed prior to the amendment of these Rules. The higher standard for Critical
Facilities shall be as follows: For Critical Facilities located within the 100-Year
Floodplain, the structure shall be protected according to Rule 11(B) herein, with the
exception of a freeboard of two feet substituted for the standard one-foot freeboard. The
International Building Code (2006) and Flood Resistant Design and Construction (ASCE
24) (2005) can be used as reference tools for this standard, but are not incorporated by
reference herein.
For the purposes of this Rule 6(D), protection shall include one of the following:
a) Location outside the Regulatory Floodplain; or
b) Elevation or Flood-proofing of the structure so that it is protected to the level
indicated in this Rule 6(D).
Unimproved lands associated with a Critical Facility that lie within a regulatory floodplain
shall not be subject to this requirement, until future development takes place on those lands.
Likewise, if an undeveloped portion of a facility’s property lies within a Regulatory
Floodplain, but the developed portion of that facility lies outside of the Regulatory
Floodplain, then that facility shall not be classified as a Critical Facility. All other rules and
regulations governing structures not deemed Critical Facilities remain in effect and
unchanged.
E. Ingress and Egress for New Critical Facilities shall, when practicable as determined by
the local jurisdiction having land use authority, have continuous non-inundated access
(ingress and egress for evacuation and emergency services) during a 100-year flood event.
This criterion is also recommended, but not required, for changes to existing Critical
Facilities and use changes involving existing structures whose classification changes to
Critical Facilities.
F. For all Critical Facilities, the Variance procedure outlined in Rule 15 herein remains
available and may be considered when deemed necessary and appropriate by the local
jurisdiction having land use authority over the Critical Facility.
Rule 7. Standards for Delineation of Regulatory Floodplain Information:
A. Intent of this Rule. This Rule contains standards for approximate and detailed floodplains.
All floodplain information intended to be used by local jurisdictions for the purpose
regulating flood hazard areas, with the exception of local stormwater drainage reports,
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CLOMR, LOMR, and LOMR-F submittals, and supporting documentation submitted to
FEMA, shall be provided to the CWCB for designation and approval in order to enable
local governments to regulate floodplains appropriately. The standards in this rule
reference, and incorporate herein, the FEMA Guidelines and Specifications for Flood
Hazard Mapping Partners. Whenever such a reference is made, it includes the FEMA
Guidelines and Specifications for Flood Hazard Mapping Partners material in existence at
the time of the promulgation of these Rules, but excludes later amendments to or editions of
the material.
B. Level of Detail.
(1) Approximate Floodplain Information will be based on detailed hydrology
computed for 100-year floods. Hydraulic information shall be produced using
approximate, field, or limited techniques and best available topographic/survey
data.
(2) Detailed Floodplain Information will be based on detailed hydrologic and hydraulic
determinations for 100-year floods Flood profiles and floodplain delineations for
100-year flood and other frequencies, if any, shall be plotted, preferably using a
digital method. The CWCB shall designate and approve 100-year floodplain
information, and 500-year information but only at the request of a local authority
having land use jurisdiction.
C. Base Mapping. Base mapping for floodplain studies shall meet the minimum standards as
set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as
incorporated herein by reference.
D. Topography and Surveys. Topographic and field survey information for floodplain studies
shall meet the minimum standards as set forth in FEMA Guidelines and Specifications for
Flood Hazard Mapping Partners, as incorporated herein by reference.
E. Geographic Information Systems (GIS). GIS information for floodplain studies in
Colorado shall meet the minimum standards as set forth in FEMA Guidelines and
Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference.
F. Hydrology. Hydrologic analyses for floodplain studies in Colorado shall be completed
using the information set forth in FEMA Guidelines and Specifications for Flood Hazard
Mapping Partners, as incorporated herein by reference. The Colorado Floodplain and
Criteria Manual may be used as a reference document to aid in this analysis. In addition,
hydrology studies must comply with the following:
(1) All floodplain studies, regardless of the level of detail, (e.g., approximate or
detailed) shall utilize detailed hydrologic information. The CWCB recognizes
existing and future watershed conditions for the purposes of computing flood
hydrology. The CWCB may evaluate future watershed conditions, in addition to
existing conditions when Foreseeable Development is expected.
(2) Any new study to evaluate hydrologic information and/or design storm criteria
shall be completed in such a way that it is scientifically defensible and technically
reproducible.
(3) All jurisdictions and communities affected by revised hydrologic data, due to their
geographic proximity to the affected stream reach within a particular watershed,
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are encouraged to participate in the update process, and shall be given the
opportunity by the study sponsor to review and comment on the revised
information. Opponents to the revised information may present technically
accurate and sound scientific data to the CWCB that clearly demonstrates that the
information in question is inaccurate pursuant to Rule 12. The CWCB shall make
the final determination regarding disputes.
(4) Within any given watershed, or hydrologic subregion, consistency in hydrologic
data and runoff methodology shall be pursued to the extent possible through
cooperation of all affected jurisdictions and entities.
G. Detailed Hydraulic Method. Hydraulic analyses for floodplain studies in Colorado shall
be completed using protocols set forth in FEMA Guidelines and Specifications for Flood
Hazard Mapping Partners, as incorporated herein by reference.
H. Floodplain Delineations. Floodplain delineations shall be completed using protocols set
forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as
incorporated herein by reference, and shall, at a minimum, comply with the technical
quality assurance standards as follows:
(1) The flood elevations and the floodplain delineations on the maps must correlate
reasonably to the best available topographic information for the stream and
adjacent corridor and must meet an acceptable level of technical accuracy.
(2) The planimetric features on the floodplain maps (including, but not limited to,
streets and highways, stream centerlines, bridges and other critical hydraulic
features, corporate limits, section lines and corners, survey benchmarks) must be
consistent with the best available aerial photographs or other suitable information
for the stream and the adjacent corridor, as determined through prevailing industry
practices, and must meet an acceptable level of technical accuracy.
I. Special Floodplain Conditions. There are a number of special floodplain conditions, or
natural flood hazards, in Colorado that fall outside of the standard riverine environment.
Studies for the 100-year flood involving special conditions shall be completed using
protocols set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping
Partners, as incorporated herein by reference. The special conditions are:
(1) Alluvial Fan and Debris Flow floodplains located within foothill and mountainous
regions of Colorado shall be considered on a case-by-case basis.
(2) Post-wildfire hydrology shall be evaluated on a case-by-case basis in forested areas
immediately following moderate to intense wildfires resulting in approximately
15% or greater burn area of the affected watershed. Interim flood advisory maps,
based on burned watershed conditions, shall be produced at the request of the local
governing authority or by Board initiative. The interim floodplain maps shall show
increased runoff from hydrophobic soils and lack of vegetation. The post-wildfire
maps shall be evaluated every 3 to 5 years to assess the need for further revision
based on watershed recovery, forest re-growth, and other factors.
(3) Ice jam flooding shall be considered within stream reaches where this phenomenon
is known to occur. Ice jam flooding may be analyzed utilizing methodologies
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available through the U.S. Army Corps of Engineers Cold Regions Research and
Engineering Laboratory (CRREL), located in Hanover, New Hampshire.
J. Written reports and maps. The results of the hydrologic analyses, hydraulic analyses, and
floodplain delineations shall be summarized in a written report and submitted to the
CWCB. All Approximate and Detailed Floodplain Information that is presented to the
CWCB for designation and approval shall be properly titled, dated, organized, and bound as
a stand-alone document. In addition to the hard copy final report, the CWCB requires that a
digital copy of the final report be submitted in MS Word and PDF formats. All pertinent
technical backup data such as GIS files, and hydrologic and hydraulic models shall also be
provided to the CWCB in acceptable digital formats. The CWCB shall electronically
distribute to interested parties, to the extent possible, pertinent study information. Access to
original GIS information shall be provided to local governments and other authorized users
through a secure and protected website or other secure means.
(1) The Regulatory Floodplain maps shall show, at a minimum, the flood boundaries,
the location of all cross sections used in the hydraulic analysis, the reference line
drawn down the center of the floodplain or low flow channel, and a sufficient
number of flood contours in order to reconstruct the flood water surface profiles.
(2) New Physical Map Revisions requested by local jurisdictions or involving local
jurisdictions should include detailed 500-year floodplain information when
practicable.
(3) Flood contours, or Base Flood Elevations, shall be shown as wavy lines drawn
perpendicular to the direction of flow of floodwater and shall extend completely
across the area of the mapped Regulatory Floodplain. Each flood contour shall
indicate its elevation to the nearest whole foot.
(4) The Regulatory Floodplain map scale shall be 1-inch equals 1000 feet or such map
scale showing greater detail. FEMA map panels may also be published at 1 inch
equals 500 feet, 1 inch equals 1,000 feet or 1 inch equals 2000 feet.
(5) Where discrepancies appear between Regulatory Floodplain maps and water
surface profiles, any regulatory water surface profile designated and approved by
the Board shall take precedence over any corresponding flooded area map for the
same stream reach or site location, unless a profile error is identified and
substantiated.
K. Contractor Qualifications
(1) Qualified engineers licensed in Colorado shall direct or supervise the floodplain
mapping studies and projects pertaining to the Regulatory Floodplain. All
floodplain maps, reports and project designs pertaining to the Regulatory
Floodplain, except those prepared by federal agencies, shall be certified and sealed
by the Colorado Registered Professional Engineer of record.
(2) Federal agencies or other recognized and qualified government authorities may
produce floodplain mapping work as a study proponent or on behalf of a study
proponent.
Rule 8. Standards for Regulatory Floodways:
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A. Establishment of Floodway Criteria. The CWCB recognizes that Designated Floodways
are administrative limits and tools used by communities to regulate existing and future
Floodplain developments within their jurisdictions. This Rule 8(A) does not require
communities to automatically map ½ foot floodways within their jurisdictions. However, at
such time when floodways are to be delineated through Physical Map Revisions involving
local government participation, communities shall delineate floodways for the revised
reaches based on ½-foot rise criteria. Letters of Map Revision to existing floodway
delineations may continue to use the floodway criteria in place at the time of the existing
floodway delineation. Until such time that floodways are revised and designated,
communities may continue to regulate their mapped one-foot floodways. For reaches
where a transition must be shown to connect new studies to existing studies with different
floodway criteria, the transition length shall not exceed 2,000 feet.
B. Designation of floodways. Designation and approval of Floodplain information shall also
include the designation and approval of corresponding Floodway Information. For
waterways with Base Flood Elevations for which Floodways are not computed, the
community shall apply a ½ foot floodway regulation according to its own determination, as
outlined in FEMA Regulation 44 C.F.R. § 60.3(c)(10) (2010),incorporated herein by
reference, for a 1-foot floodway. This reference is available at
http://www.access.gpo.gov/nara/cfr/waisidx_02/44cfr60_02.html, and is hereby
incorporated by reference into this Rule and includes the material in existence at the time of
the promulgation of these Rules, but does not include later amendments to or editions of
this incorporated material
C. Incorporation of FEMA’s Floodway Regulations. All regulations defined in the FEMA
regulations “Criteria for Land Management and Use,” 44 C.F.R. § 60.3(c)(10), (d) (2010)
available at http://www.access.gpo.gov/nara/cfr/waisidx_02/44cfr60_02.html, are hereby
incorporated by reference into this Rule and includes the material in existence at the time of
the promulgation of these Rules, but does not include later amendments to or editions of
this incorporated material. All communities participating in the National Flood Insurance
Program that have Base Flood Elevations defined for one or more of the waterways within
their jurisdictions shall adopt and enforce these floodway regulations. Failure to enforce
floodway regulations may impact the community’s standing in the National Flood
Insurance Program and may eliminate or reduce eligibility for federal or state financial
assistance for flood mitigation and disaster purposes.
D. Communities in Which This Rule Applies. Communities with Regulatory Floodplains
that have been Designated and Approved by the CWCB with Base Flood Elevations
defined for one or more of the waterways within their jurisdictions shall be required to
establish technical (quantified) surcharge criteria for floodway determination and
regulation, which must meet or exceed the requirements set forth in this Rule. This Rule
shall not apply in communities without Base Flood Elevations established, unless otherwise
adopted by the community. This Rule shall not apply to approximate stream reaches for
which Base Flood Elevations have not been defined.
Rule 9. Criteria for Determining the Effects of Flood Control Structures on Regulatory
Floodplains:
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A. For the purposes of this Rule, local and regional hydraulic structures providing local or
regional flood or stormwater detention, shall be considered to be “Flood Control
Structures.” There are no separate criteria for these structures.
B. Flood Control Structures. If a publicly operated and maintained structure is specifically
designed and operated either in whole or in part for flood control purposes, then its effects
shall be taken into consideration when delineating the floodplain below such structure. The
effects of the structure shall be based upon the 100-Year Flood with full credit given to the
diminution of peak flood discharges, which would result from normal Flood Control
Structure operating procedures.
The hydrologic analysis pertaining to State Regulatory Floodplains shall consider the
effects of on-site detention for rooftops, parking lots, highways, road fills, railroad
embankments, diversion structures, refuse embankments (including, but not limited to, solid
waste disposal facilities), mill tailings, impoundments, siltation ponds, livestock water
tanks, erosion control structures, or other structures, only if they have been designed and
constructed with the purpose of impounding water for flood detention and are publicly
operated and maintained. For the purposes of this Rule, Public operation and maintenance
may include direct responsibility or ultimate responsibility through written agreement.
Detention structures that are privately operated or maintained shall not be included in the
hydrologic analysis unless it can be shown that they exacerbate downstream peak
discharges.
C. Non-Flood Control Structures. If a structure is not specifically designed and operated,
either in whole or in part, for flood control purposes, then its effects, even if it provides
inadvertent flood routing capabilities that reduce the 100-Year Flood downstream, shall not
be taken into account, and the delineation of the Floodplain below such structure shall be
based upon the 100-Year Flood that could occur absent the structure’s influence.
However, if adequate assurances have been obtained to preserve the flood routing
capabilities of such structure, then the delineation of the Floodplain below the structure
may, but need not, be based on the assumption that the reservoir formed by the structure
will be filled to the elevation of the structure’s emergency spillway and the 100-Year
hydrology can be routed through the reservoir to account for any flood attenuation effects.
D. Adequate Assurances. For the purposes of this Rule 9 "adequate assurances" shall, at a
minimum, include appropriate recognition in the community's adopted master plan of: (1)
the flood routing capability of the reservoir, as shown by comparison of the 100-Year
Floodplain in plan and profile with and without the structure in place, in order that the
public may be made aware of the potential change in level of Flood protection in the event
that the reservoir flood routing capability is lost; (2) the need to preserve that flood routing
capability by whatever means available in the event that the reservoir owners attempt to
make changes that would decrease the flood routing capability; and (3) a complete
operations and maintenance plan.
E. Irrigation Facilities. The CWCB recommends that irrigation facilities (including, but not
limited to, ditches and canals) not be used as stormwater or flood conveyance facilities,
unless specifically approved and designated by local governing jurisdictions and approved
by the irrigation facility owners. The flood conveyance capacity of irrigation facilities shall
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be acknowledged only by agreement between the facility owners and local governing
jurisdictions, with review and concurrence from the Colorado Division of Water Resources
to ensure that water rights administration needs are properly considered. A maintenance
easement or agreement shall be in place allowing the local government maintenance access
if needed.
Unless specified otherwise by aforementioned written agreement, flood hydrology for State
Regulatory Floodplain mapping purposes shall consist of peak hydrologic flows that are
identical immediately downstream and immediately upstream of a ditch or canal that is
generally perpendicular to the stream or drainageway of interest. The irrigation facility shall
be assumed as running full so that there are no computed flood reduction benefits
downstream of the irrigation facility. Backwater behind irrigation facilities shall be
mapped. The CWCB will designate and approve 100-Year Floodplain information for
irrigation facilities if the above recommendations are met. This Rule is not intended in any
way to interfere with Colorado water law.
Rule 10. Criteria for Determining Effects of Levees on Regulatory Floodplains:
General. The use of levees for property protection, flood control, and flood hazard
mitigation is not encouraged by the CWCB, unless other mitigation alternatives are not
viable. The areas landward of an accredited levee and Provisionally Accredited Levee
(PAL) system shall be mapped as Zone X (shaded). The Digital Flood Insurance Rate
Maps (DFIRMs) for these areas will include an informational note that advises users of the
flood risk in levee-impacted areas. In situations where levees are the only viable alternative
for protection of existing development, “setback” levees should be designed and
constructed to maintain the natural channel and reserve a portion of the natural floodplain
capacity. Levees should not be used for flood protection along streams or watercourses
where new development is planned. However, levees may be used to protect public utility
plant facilities for wastewater treatment and pumping as well as electric power plants due to
their close proximity to natural waterways. For existing levees that protect existing
development, proper maintenance should be performed by levee owners/operators, or non-
federal sponsors in the case of federal levees, according to an operations and maintenance
plan.
Levees should not be constructed for the primary purpose of removing undeveloped lands
from mapped floodplain areas for the purposes of developing those lands because of the
potential impairment of the health, safety, welfare and property of the people. Design and
construction of levees identified for this purpose will not be eligible for CWCB grants or
loans.
When constructed, levees for which protection will be considered for designation and
approval must meet the requirements set forth in “Mapping of Areas Protected by Levee
Systems,”44 C.F.R. § 65.10 (2010). Artificial embankments that either function as a Levee
or a Flood Control Structure must meet the provisions of this Rule or “Office of the State
Engineer Rules and Regulations for Dam Safety and Dam Construction,” 2 C.C.R. § 402-1
(2010), respectively, in order to be considered as providing protection. 44 C.F.R. § 65.10
(2010), available at http://www.access.gpo.gov/nara/cfr/waisidx_02/44cfr65_02.html, and
2 C.C.R. § 402-1 (2010), available at http://water.state.co.us/pubs/rule_reg/ds_rules07.pdf,
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are hereby incorporated by reference and include the incorporated material in each in
existence at the time of the promulgation of these Rules, but do not include later
amendments to or editions of either.
A. Maintenance. An Operating and Maintenance manual that ensures continuing proper
function of the structure shall be prepared and updated. The levee shall be structurally
sound and adequately maintained. Sedimentation effects shall be considered for all levee
projects. Certification from a federal agency, state agency, or a Colorado Registered
Professional Engineer that the levee meets the minimum freeboard criteria, as stated above,
and that it appears, on visual inspection, to be structurally sound and adequately maintained
shall be required on a three-year basis and provided to the CWCB. Levees that have
obvious structural defects or that are obviously lacking in proper maintenance shall not be
considered in the hydraulic analysis.
B. Ownership. Privately-operated or maintained levee systems will not be considered in the
hydraulic analysis performed pursuant to Rule 7 unless a local ordinance mandates
operation and maintenance of the levee system and the criteria set forth below are met.
Levees for which the community, State, or Federal government has responsibility for
operations and maintenance will be considered, provided that the criteria set forth below are
met. Privately-owned levee systems shall only be considered in the hydraulic analysis if a
fully executed agreement exists between the levee owner and a governmental entity
enabling unrestricted access to the governmental entity for the purposes of inspection and
maintenance and gives the governmental entity responsibility for maintenance. A copy of
the executed agreement shall be provided to the Board and the Board shall be notified in
writing of any changes made to this agreement.
C. Freeboard. A minimum levee freeboard of 3 feet shall be necessary, with an additional 1-
foot of freeboard within 100 feet of either side of hydraulic structures within the levee or
wherever the flow is constricted, such as at bridges. An additional 0.5-foot above this
minimum is also required at the upstream end of the levee.
D. Interior Drainage. In cases where levees are mapped as providing 100-year protection the
adequacy of interior drainage systems, on the landward side of the levee, shall be evaluated.
Areas subject to flooding from inadequate interior drainage behind levees will be mapped
using standard procedures.
E. Human Intervention and Operation. In general, evaluation of levees shall not consider
human intervention (e.g., capping of levees by sandbagging, earth fill, or flashboards) for
the purpose of increasing a levee's design level of protection during an imminent flood.
Human intervention shall only be considered for the operation of closure structures (e.g.,
gates or stop logs) in a levee system designed to provide at least 100-year flood protection,
including adequate freeboard as described above, provided that such human operation is
specifically included in an emergency response plan adopted by the community.
F. Analysis. For areas protected by a levee providing less than 100-year protection (e.g., 10-
year protection), flood elevations shall be computed as if the levee did not exist. For the
unprotected area between the levee and the source of flooding, the elevations to be shown
shall be obtained from either the flood profile that would exist at the time levee overtopping
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begins or the profile computed as if the levee did not exist, whichever is higher. This
procedure recognizes the increase in flood elevation in the unprotected area that is caused
by the levee itself. This procedure may result in flood elevations being shown as several
feet higher on one side of the levee than on the other. Both profiles shall be shown in the
final report and labeled as "before levee overtopping" and "after levee overtopping"
respectively.
Rule 11. Floodplain Management Regulations:
A. Compliance with Minimum Standards of the National Flood Insurance Program.
Each community in the State of Colorado shall comply with the minimum floodplain
criteria set forth in the FEMA regulation“Criteria for Land Management and Use,”44
C.F.R. §§ 60.3–60.5 (2010), unless more restrictive standards have been adopted as set
forth in Rules 1 through 20 of these Rules and Regulations for Regulatory Floodplains in
Colorado or pursuant to regulations adopted by the local community. These Rules do not
apply to local stormwater or local storm drainage studies where riverine flooding sources
are not considered. 44 C.F.R. §§ 60.3–60.5 (2010) available at
http://www.access.gpo.gov/nara/cfr/waisidx_02/44cfr60_02.html, are hereby incorporated
by reference and include the material in existence at the time of the promulgation of these
Rules, but do not include later amendments to or editions of the material.
B. Minimum Freeboard. A minimum freeboard of one foot above the 100-year flood
elevation (Base Flood Elevation) shall apply to structures in the floodplain as follows:
(1) Residential Structures. New and Substantially Changed residential structures, and
Additions to existing residential structures shall be constructed with the lowest
floor, including basements, placed with a minimum of one foot of freeboard above
the Base Flood Elevation.
(2) Non-residential Structures. New and Substantially Changed non-residential
structures, and Additions to existing non-residential structures shall be constructed
with the lowest floor, including basements, placed with a minimum of one foot of
freeboard above the Base Flood Elevation, or be flood-proofed to an elevation at
least one foot above the Base Flood Elevation. Agricultural structures shall be
exempt from this requirement.
Critical Facilities shall be regulated according to Rule 6.D. This rule does not affect
the freeboard requirement for levees described in Rule 10.C.
C. Permit Restrictions for Properties Removed from the Floodplain by Fill. No
Community shall issue a permit for the construction of a new structure on a property
removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on
Fill (LOMR-F) with a floor elevation placed below the base flood elevation with one foot
of freeboard that existed prior to the placement of fill. Issuance of any such permit shall
constitute a violation of these Rules. Critical Facilities are exempted from this restriction if
the facility is protected according to Rule 6.D herein.
Rule 12. Effects of Flood Mitigation Measures and Stream Alteration Activities on Regulatory
Floodplains:
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In order to assist the CWCB in carrying out its mission to protect the health, safety, welfare
and property of the public, through the prevention of floods in Colorado, the CWCB
requires the following:
A. Detention/flood control storage and LID should be considered, when practicable, as part of
a basinwide program for the watershed.
B. Flood control channels shall include a low-flow channel with a capacity to convey the
average annual flow rate, or other appropriate flow rate as determined through a
hydrogeomorphological analysis, without excessive erosion or channel migration, with an
adjacent overbank floodplain to convey the remainder of the 100-year flow. The channel
improvement shall not cause increased velocities or erosive forces upstream or downstream
of the improvement.
C. Channelization and flow diversion projects shall appropriately consider issues of sediment
transport, erosion, deposition, and channel migration and properly mitigate potential
problems through the project as well as upstream and downstream of any improvement
activity. A detailed geomorphological analysis should be considered, when appropriate, to
assist in determining the most appropriate design.
Project proponents for a mitigation activity must evaluate the residual 100-year floodplain.
Proponents are also encouraged to map the 500-year residual floodplain.
D. All public and private Flood Control Structures shall be maintained to ensure that they
retain their structural and hydraulic integrity. Annual inspections including, as appropriate,
field surveys of stream cross-sections, shall demonstrate to the appropriate regulatory
jurisdictions that the project features are in satisfactory structural condition, that adequate
flow capacity remains available for conveying flood flows, and that no encroachment by
vegetation, animals, geological processes such as erosion, deposition, or migration, or by
human activity, endanger the proper function of the project. If any significant problems, as
identified within annual inspection reports, , the facility or project owner shall notify the
CWCB within 60 days of the inspection. The inspections shall be conducted by the local
jurisdiction for all publicly owned or publicly maintained facilities, and shall be conducted
by the property owner or facility owner for all privately owned and maintained facilities.
E. Any stream alteration activity proposed by a project proponent must be evaluated for its
impact on the regulatory floodplain and be in compliance with all applicable federal, state
and local floodplain rules, regulations and ordinances.
F. Any stream alteration activity shall be designed and sealed by a Colorado Registered
Professional Engineer or Certified Professional Hydrologist.
G. All activities within the regulatory floodplain performed by federal agencies using local or
state funds, or by private, local or state entities shall meet all applicable federal, state and
local floodplain requirements.
H. Stream alteration activities shall not be constructed unless the project proponent
demonstrates through a floodway analysis and report, sealed by a Colorado Registered
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Professional Engineer, that there are no adverse floodway impacts resulting from the
project. This requirement only applies on stream reaches with Base Flood Elevations
established.
I. No adverse floodway impact means that there is a 0.00-foot rise in the proposed conditions
compared to existing conditions floodway.
J. Whenever a Stream Alteration activity is known or suspected to increase or decrease the
established Base Flood Elevation in excess of 0.3 vertical feet (or a more stringent standard
adopted by the local government authority), a Letter of Map Revision showing such
changes shall be obtained in order to accurately reflect the proposed changes on FEMA’s
regulatory floodplain map for the stream reach. The local community is responsible for
ensuring that this process is pursued. This section herein does not require a Conditional
Letter of Map Revision (CLOMR) to be applied for, unless mandated by the local
government having land use authority.
Rule 13. Process for Designation and Approval of Regulatory Floodplains:
A. Designation and Approval Requirements. The Board will designate and approve
Regulatory Floodplains by the adoption of written resolutions based only upon such
floodplain information as the Board determines meets the standards set forth in Rule 7, as
applicable, with consideration of the effects of dams and levees being subject to the criteria
or Rules 9 and 10, respectively and any mitigation activity in Rule 12.
B. Base Flood. 100-year floodplain information shall generally be the basis for all designation
and approval actions by the Board for regulatory purposes in Colorado. However, the
CWCB will designate and approve 500-year floodplain information but only at the written
request of a local authority having land use jurisdiction.
C. Provisional Designation. The CWCB may designate and approve, on a provisional basis
and for a maximum period of time not to exceed two years, floodplain information that does
not meet the minimum requirements as set forth in Rule 7.
D. Process for Taking Designation and Approval Actions. The Board shall consider the
designation and approval of floodplain information either by request of a community or by
acting on its own initiative.
(1) Consideration at a Community's Request. The Board shall consider designation
and approval of floodplain information upon written request from the governing
body of any community having jurisdiction in the area where the floodplain
information is applicable. The letter of request shall identify the report title, date,
author or agency which prepared the report, stream name(s), upstream and
downstream limits of the stream reach(es) to be designated, stream length(s) in
miles, type of designation requested (detailed or approximate), and any other
relevant information. The Board shall receive such a request at least 30 days prior
to the Board meeting at which consideration of designation and approval is
requested.
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(2) Consideration at the Board's initiative. If designation and approval of a
floodplain would be in the best interest of the health, safety, welfare and property of
the citizens of the State of Colorado, then the Board may take action at its own
initiative to consider the designation and approval of floodplain information. In
such cases, the Board shall notify the affected communities in writing at the time of
study initiation or, in the case of a previously completed study, the Board shall
receive concurrence in writing from the affected community at least 45 days prior to
the Board meeting at which it will consider the designation and approval of
floodplain information within their jurisdiction.
(3) Notification of Adopted Resolutions. The CWCB shall send signed copies of each
adopted resolution of designation and approval to the applicable local legislative
bodies of each community having jurisdiction over land-use decisions in the study
area and to FEMA within 30 days of adoption.
Rule 14. Designation and Approval of Changes to Regulatory Floodplains:
When changes are made to the characteristics of a floodplain that result in a revision of a
community’s Flood Insurance Rate Maps or Flood Hazard Boundary Maps (and a
subsequent designation of the new map), the Board will designate and approve changes to
the regulatory floodplain caused by development, new or better technical information, or
other sources. The CWCB will designate the changed floodplains by adopting written
resolutions based upon such floodplain information as the Board determines meets the
standards set forth in Rules 6-12. In the event that a community is aware of and has access
to better available information on a previously designated flooding source, then the CWCB
allows for that undesignated information to be used for regulatory purposes.
A. Conditions. All changes to designated floodplains shall meet the same conditions as those
required for original approval and designation.
B. Process for Designation and Approval of Changes to a Regulatory Floodplain. The
Board may consider the designation and approval of floodplain information either by
request of a community or by acting on its own initiative.
(1) Consideration at a Community’s Request. The Board shall consider designation
and approval of changes to a regulatory floodplain upon written request from the
governing body of any community having jurisdiction in the area where the
floodplain information is applicable. The Board staff shall receive such requests at
least 30 calendar days prior to the Board meeting at which consideration of
designation and approval is requested.
(2) Consideration at the Board’s Initiative. If designation and approval of a
floodplain would be in the best interest of the health, safety, welfare and property of
the citizens of the State of Colorado, then the Board may take action at its own
initiative to consider the designation and approval of floodplain information. In
such cases, the Board shall notify the affected communities in writing at the time of
the study initiation or, in the case of a previously completed study, the Board shall
receive concurrence in writing from the affected community at least 45 days prior to
the Board meeting at which it will consider the designation and approval of
floodplain information within their jurisdiction.
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(3) Notification of Adopted Resolution. The CWCB shall send signed copies of each
adopted resolution of designation and approval of changes to a regulatory floodplain
to the applicable local legislative bodies of each community having jurisdiction over
land-use decisions within the limits of the changed floodplain within 30 calendar
days of designation and approval.
C. Identification of Designations of Changes to a Regulatory Floodplain. The designation
of the changes to the regulatory floodplain will be given a reference identification number
that will differentiate the changed designation from the original. It is implied that
designations to changes to a regulatory floodplain will only rescind the affected portions of
the previously designated floodplain information. All other unaffected reaches will remain
as originally designated.
D. Map Revisions to Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
Floodplain map revisions (e.g., FEMA Letters of Map Revision) will be designated twice
annually by the CWCB during a regularly scheduled Board meeting and will not be subject
to a full technical review by the CWCB staff.
Rule 15. Variances:
A. Consideration by local jurisdiction. Request for a variance to any of these Rules may be
considered by the local jurisdiction having land use authority , provided the entity or
individual requesting the variance has submitted a written request to the appropriate
authority. A notice of the Request must be provided to any adjacent communities that
would be affected by the variance.
B. Contents of a Request for Variance. The request for a variance shall identify:
(1) The Rule from which the variance is requested;
(2) The communities that would be affected by the variance;
(3) The reasons why the Rule cannot be complied with;
(4) The estimated difference in water surface elevations, flood velocities and flood
boundaries that would result if the requested variance were granted than if the
calculations were made through strict compliance with the Rule;
(5) The estimated number of people and structures that will be impacted by granting of
the variance; and
(6) Any other evidence submitted by the community, the CWCB staff, or other party of
interest.
C. Factors to be considered. Variances may be issued if it can be determined that:
(1) There is a good and sufficient cause; and
(2) The variance is the minimum necessary, considering the flood hazard, to afford
relief; and
(3) Failure to grant the variance would result in exceptional hardship to the community
or the requestor and that the hardship is not the community's or requestor’s own
making; and
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(4) The granting of a variance will not result in increased vulnerability to flood losses,
additional threats to public safety and welfare, extraordinary public expense, create
nuisances, cause fraud or victimization of the public, hide information of significant
interest to the public or conflict with existing local laws or regulations.
(5) In lieu of items C(1) through C(4) above, a local jurisdiction having land use
authority may, at its sole discretion, use an established variance procedure.
D. Variance Process. Variance requests shall be processed as follows:
(1) Local jurisdictions having land use authority shall render, confirm, modify, or reject
all variance requests pertaining to these Rules.
(2) The Board may review local variance decisions on a case-by-case basis to ensure
that the overall intent and spirit of these Rules are properly considered at the local
level.
(3) Informal variance determination request may be presented to CWCB staff in order
to guide community officials or project applicants as to whether a formal variance
would be needed on a case by case basis.
Rule 16. Enforcement of Floodplain Rules and Regulations:
A. Procedure to be followed regarding alleged violations
(1) Notice of Non-Compliance.
a. A Notice of Non-Compliance (NONC) may be prepared and transmitted by the
CWCB or its Director. Information regarding potential violations may be
discovered directly by CWCB staff or can be brought to the CWCB or its
Director by a Complainant, such as the Federal Emergency Management
Agency, other state agencies, the local government within whose boundaries the
alleged violation took place, or by any other person who may be directly and
adversely affected or aggrieved as a result of the alleged violation.
b. Oral complaints shall be confirmed in writing by the Complainant. Persons
making a complaint are required to submit a formal letter of complaint to the
CWCB Director.
c. NONC process.
i. An NONC issued by the CWCB shall be delivered to an alleged violator
by personal delivery or by certified mail (return receipt requested). A
copy of the NONC shall be transmitted to FEMA Region VIII and the
local jurisdiction having land use authority.
ii. The NONC does not constitute final agency action.
iii. The NONC shall identify the statute, Rule, regulation, or policy subject
to CWCB jurisdiction allegedly violated and the facts alleged to
constitute the violation. The NONC may propose appropriate corrective
action and suggested corrective action(s) if any, that the CWCB elects to
require.
(2) FEMA Region VIII shall support, through its National Flood Insurance Program
activities, these Rules. This support will include the existing ability for FEMA to place
sanctions upon a community for non-compliance.
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(3) Certain CWCB decisions to provide flood and watershed related grant funding to
communities may be directly dependent upon a community’s compliance with these
Rules.
Rule 17. Incorporation by Reference: FEMA Regulations 44 C.F.R. §§ 59, 60, 65, and 70 (2010),
available at http://www.access.gpo.gov/nara/cfr/waisidx_00/44cfrv1_00.html, EPA
Regulations 40 CFR § 302 (2010), available at
http://www.access.gpo.gov/nara/cfr/waisidx_03/40cfr302_03.html, and OSHA Regulations
29 CFR § 1910 (2010), available at
http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfr1910_99.html, are incorporated herein
by reference. In addition, The Colorado “Office of the State Engineer Rules and
Regulations for Dam Safety and Dam Construction Materials,” set forth in 2 C.C.R. § 402-1
(2010), available at http://water.state.co.us/pubs/rule_reg/ds_rules07.pdf, are incorporated
herein by reference. The FEMA Guidelines and Specifications for Flood Mapping Partners
(2009), available at www.fema.gov/fhm/dl_cgs.shtm, are also incorporated herein by
reference. These regulations are hereby incorporated by reference by the Colorado Water
Conservation Board and made a part of these Rules and Regulations for Regulatory
Floodplains in Colorado. Materials in these Rules, including, but not limited to those
mentioned here in Rule 17, which are incorporated by reference are those materials in
existence as of the effective date of these Rules and do not include later amendments to or
editions of these materials. The material incorporated by reference is available for public
inspection during regular business hours at the Colorado Water Conservation Board, 1313
Sherman Street, Room 721, Denver, CO 80203 or may be examined at any state or federal
publications depository library, or on the FEMA or CWCB website.
Rule 18. Severability: If any portion of these Rules is found to be invalid, the remaining portion of
the Rules shall remain in force and in effect.
Rule 19. Recommended Activities for Regulatory Floodplains: The following list contains
floodplain management activities and actions suggested by the CWCB to increase a
community’s overall level of flood protection. Communities and other authorized
government entities may:
A. Adopt local standards above and beyond the FEMA and CWCB minimum requirements.
B. Develop a Flood Response Plan that identifies responsibilities/actions before, during and
after a flood event.
C. Enroll in FEMA’s National Flood Insurance Program (NFIP) and possibly FEMA’s
Community Rating System (CRS) Program.
D. Develop an early warning flood detection system (flood warning system) using available
technologies such as automated precipitation and stream flow gages linked to an
appropriate notification system.
E. Coordinate with lenders, insurance agents, real estate agents, and developers to prepare and
discuss educational tools based on state and federal requirements.
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F. Promote wise floodplain development and support effective structural and non-structural
flood mitigation projects.
G. Conduct floodplain studies in areas of Foreseeable Development that do not currently have
detailed floodplain studies.
H. Maintain an electronic or paper library of local flood related data.
I. Develop a flood risk outreach program and notify flood prone residents annually of flood
hazards and the need for flood insurance.
J. Encourage elevation of flood-prone structures and flood-proofing of structures in the
floodplains.
K. Utilize available state/federal mitigation and preparedness funds.
L. Require certified floodplain managers to review proposed land developments.
M. Advise the public at large that flooding does occur above and beyond the 100-year and 500-
year floods. Floods greater than 500-year floods do occur, and loss of life and property is
possible in areas mapped outside of both the 100-year and 500-year floodplains. .
N. Utilize the concept of “No Adverse Impact” floodplain management where the action of
one property owner does not adversely impact the rights of other property owners, as
measured by increased flood peaks, flood stage, flood velocity, and erosion and
sedimentation. No Adverse Impact could be extended to entire watersheds as a means to
promote the use of retention/detention or other techniques to mitigate increased runoff from
urban areas.
O. Prohibit the construction of new levees that are intended to remove land from a regulatory
floodplain for the purpose of allowing new development activity to take place in areas that
are otherwise flood prone.
P. Require an appropriate level of freeboard at bridges between the 100-year water surface
elevation and the lowest elevation of the lowest structural member to allow for passage of
waterborne debris.
Q. Identify areas prone to flooding outside of the 500-year floodplain where loss of life or
substantial property damage may occur. Flooding greater than 500-year (0.2% chance)
events can and do occur as well, and loss of life and property is possible in areas mapped
outside of both the 100-year and 500-year regulatory floodplains. Communities are
encouraged to map and regulate 500-year floodplains for Critical Facilities at their sole
discretion.
R. Maintain a flood hazard page on the community website with links to the CWCB, FEMA
Flood Map Store, National Flood Insurance Program, National Weather Service, local
building codes, and local permitting information.
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S. The CWCB discourages Compensatory Flood Storage because existing flood storage
volume should be preserved. However, when necessary, structures and fill that displace
floodplain storage volume shall be compensated for by excavation of equivalent volumes at
equivalent elevations within a nearby vicinity of the displaced volume. The compensatory
storage area shall be hydraulically connected to the source of flooding.
T. Adopt Buffer Ordinances that limit development in and near natural protective features
such as riparian stream corridors and wetlands. Natural protective features may extend
beyond 100 year flood elevations. Extra protections for these areas are beneficial because
these areas attenuate runoff periods, improve water quality, stabilize streambanks, recharge
groundwater aquifers, allow for lateral stream migration, and protect aquatic and terrestrial
habitat. Riparian and wetland areas also enhance the general aesthetic value of a
community.
U. Buffer ordinances are often seen as part of land use or zoning code. They may also stand
alone in other portions of the municipal code. Options for widths include fixed width,
variable width, or multi-zoned buffers.
V. Establish Residual Risk Mapping. Residual Risk is the threat to the areas behind levees
that may still be at risk for flooding. FEMA has identified thousands of miles of levees
nationwide, affecting millions of people. It is important for levee owners, communities,
and homeowners to understand the risks associated with living in levee-impacted areas and
the steps that can be taken to provide full protection from flooding. Even the best flood
protection system or structure cannot completely eliminate the risk of every flood event,
and when levee systems fail, the results may be catastrophic and the damage may be more
significant than if the levee system had not been built.
Rule 20. Effective Date: These Rules shall apply to the designation and approval of all floodplain
information made by the Board and all other floodplain activities on or after January 14,
2011 and are, therefore, not retroactive to any floodplain information designated and
approved by the Board or other floodplain activities prior to the effective date. These Rules
contain provisions that will require many local ordinances to be updated to be consistent
with these rules. A transition period of three years beginning from the effective date of
these rules will be in effect during which all local governments may follow current local
ordinances but must undertake activities to come into compliance with these Rules.
Following this transition period, all floodplain activities shall be in conformance with these
Rules. In addition, communities may, at their sole discretion, allow un-built projects that
were previously permitted by the local government, prior to the adoption date of the local
ordinance for which these Rules are incorporated, to be built and therefore considered to be
in compliance with these Rules. Communities may also, at their sole discretion, permit and
allow projects for which a valid CLOMR was issued prior to the adoption date of the local
ordinance for which these Rules are incorporated.
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Floodplain Rules and Regulations
Statement of Basis and Purpose – November 17, 2010
Proposed Basis and Purpose for CWCB floodplain Rules and Regulations:
1. These Rules are promulgated to carry out the authority and responsibilities of the Colorado
Water Conservation Board (“the Board” or “CWCB”) pursuant to sections 24-4-103, 24-65.1-
403(3), 24-65.1-101(1)(c)(I), 24-65.1-202(2)(a)(I), 24-65.1-302(2)(a), 30-28-111(1)–(2), 31-
23-301(1) & (3), 37-60-106(1), 37-60-106(1)(c)–(g), (j), (k), C.R.S. (2010). The General
Assembly has deemed the designation of floodplains a matter of statewide importance and
interest and gave the CWCB the responsibility for the designation of regulatory floodplains
and to assure public health, safety, welfare and property by limiting development in regulatory
floodplains. §§ 24-65.1-202(2)(a)(I), 24-65.1-302(1)(b)&(2)(a), 24-65.1-403(3), 24-65.1-101
and 24-65.1-404(3), C.R.S. (2010).
2. The Rules will help the CWCB carry out its statutory mission to devise and formulate methods,
means, and plans for the prevention of flood damages. § 37-60-106(1)(c).
3. The purpose of the Rules is to provide uniform standards for regulatory floodplains in
Colorado, to provide standards for activities that may impact regulatory floodplains in
Colorado, and to stipulate the process by which floodplains will be designated and approved by
the CWCB. These Rules will also assist the CWCB and Colorado communities in developing
sound floodplain management practices and in assisting with the implementation of the
National Flood Insurance Program.
4. Implementing a sound flood protection program is necessary to reduce flood damages because
flooding is the most devastating natural disaster in terms of both property damage and human
fatalities in Colorado.
5. The General Assembly gave the CWCB the authority to prevent flood damages and regulate
and designate floodwater runoff channels or basins. §§ 37-60-106(1)(c), 37-60-106(1)(e), 37-
60-106(1)(f), 37-60-106(1)(g), 37-60-106(1)(h), 37-60-106(1)(k), 37-60-108. The CWCB, in
cooperation and coordination with local governments, ensures proper regulation of floodplains.
6. Floodplain administration is an area of state interest. §§ 24-65.103(7) & 24-65.1-202(2)(a),
C.R.S. (2010). The General Assembly gave local authorities broad authority to plan for and
regulate land use within their jurisdictions, including regulation of development in hazardous
areas and regulating on the basis of impacts to the communities and surrounding areas. §§ 29-
20-102(1) & 29-20-104(1)(a)&(g), C.R.S. (2010). County planning commissions may
establish, regulate and limit uses on or along any storm or floodwater runoff channel or basin
that has been designated and approved by the CWCB in order to lessen or avoid flood damage.
§ 30-28-111(1), C.R.S. (2010). The governing body of municipalities may establish, regulate
and limit uses on or along any storm or floodwater runoff channel or basin that has been
designated and approved by the CWCB in order to lessen or avoid flood damage. § 31-23-
301(1), C.R.S. (2010). Thus, all federal agencies using local or state funds, and all private,
local or state entities conducting activities on or along any storm or floodwater runoff channel
or basin shall abide by all state and federal regulations and applicable local regulations on or
along any storm or floodwater runoff channel or basin that has been designated and approved
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by the CWCB. Such activities shall also be in conformance with FEMA Regulations 44 C.F.R.
§ § 59, 60, 65, and 70 (2009).
7. Domestic water and sewage systems, such as wastewater treatment facilities or water treatment
facilities, any systems of pipes, structures and facilities through which wastewater is collected
for treatment, are areas of state interest. § 24-65.1-104(5), C.R.S. (2010). Similarly, the site
selection and construction of major new domestic water and sewage treatment systems and
major extension of existing domestic water and sewage treatment systems are also areas of state
interest as determined by local governments. § 24-65.1-203(1)(a), C.R.S. (2010). Structures,
such as domestic water and sewage systems, in the floodplain shall be built and designed to
incorporate flood protection devices, consider proposed intensity of use and the structure’s
effects on the acceleration of floodwaters and any potential significant hazards to public health
and safety or to property. § 24-65.1-202(2)(a)(I)(A), C.R.S. (2010). Shallow wells, solid
waste disposal sites, and septic tanks and sewage disposal systems shall be protected from
inundation by floodwaters. § 24-65.1-202(2)(a)(I)(A), C.R.S. (2010).
8. The Rules apply throughout the State of Colorado, without regard to whether a community
participates in the National Flood Insurance Program. The Rules also apply to activities
conducted by state agencies. §§ 24-65.1-301(1), 24-65.1-403(3)(a), 24-65.1-404(3), 24-65.1-
501, 31-23-301 and 30-28-111(1), C.R.S. (2010).
9. The Rules incorporate new standards for critical facilities that, if flooded, may result in severe
consequences to public health and safety or interrupt essential services and operations for the
community at any time before, during, and after a flood. These Rules are proposed for
promulgation in recognition that such critical facilities must be protected to a higher standard
from flood damages. § 37-60-106(1)(c). Further, the General Assembly has required that
building of structures in the floodplain must be designed in terms of the availability of flood
protection devices, proposed intensity of use, effects on the acceleration of floodwaters,
potential significant hazards to public health and safety or to property, and other impact of such
development on downstream communities such as the creation of obstructions during floods.
§ 24-65.1-202(2)(a)(I)(A), C.R.S. (2009). Finally, floodplains shall be administered so as to
minimize significant hazards to public health and safety or to property. § 24-65.1-
202(2)(a)(I)(A).
10. The Rules provide for procedures for and conditions of proposed variances from the Rules if
such variance is for good and sufficient cause and will not increase flooding or threaten public
safety.
11. The Rules contain standards and specifications for approximate and detailed regulatory
floodplain determinations in Colorado. The 2005 Rules contained detailed standards within
Appendix A, Appendix B, and Appendix C. These Appendices have been omitted as
incorporation into the Rules, but are still available as a reference tool.
12. The Rules will provide the necessary steps for floodplain mapping partners to follow in order
to have county and community flood hazard information designated and approved by the
CWCB so that statutory requirements can be met.
13. The Rules will assist communities and other floodplain mapping partners with developing and
providing accurate regulatory floodplain information for use in wise floodplain management
activities. The Rules provide for a process whereby all affected communities have the
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opportunity to review, analyze, and object to the floodplain studies if not based on technically
accurate and sound scientific data.
14. The Rules provide for the CWCB’s review of the results of the hydrologic analyses, hydraulic
analyses, and floodplain delineations in a published floodplain study report. The Rules provide
that a qualified Colorado registered professional engineer in good standing shall direct or
supervise the floodplain mapping studies and projects within the regulatory floodplain and that
such floodplain maps, reports and project designs within the regulatory floodplain shall be
certified and sealed by the Colorado registered professional engineer of record.
15. The Rules provide that designation and approval of floodways shall be considered, as requested
by the local governing entity, as part of the designation and approval of corresponding
regulatory floodplains. The Rules provide criteria for determining the effects of dams, levees,
stormwater detention, irrigation facilities, flood mitigation measures and stream alteration
activities on or in regulatory floodplains in order to quantify peak flood discharges and to
assess the effects of flooding conditions that would result.
16. The Rules set forth the process and procedures for the CWCB to designate and approve
regulatory floodplains. The 100-year flood shall be the basis for all designation and approvals
by the Board, for zoning and land use purposes, of regulatory floodplains in Colorado, unless
the 500-year flood is requested for designation in writing by the local jurisdiction.
17. The Rules provide the process and procedures for the CWCB to designate and approve changes
to regulatory floodplains resulting from development, watershed changes, new or better
technical information, or other factors, subject to the same criteria as required for an original
approval and designation.
18. The Rules will provide additional information and recommendations, above and beyond the
regulatory floodplain requirements, that can serve communities in need of technical, regulatory,
and administrative information in order to allow for safe and reasonable floodplain
development that will lead to better protection of Colorado citizens and their property.
19. The Rules will increase the quantity of statewide uniform credit for the Community Rating
System, a program within FEMA’s National Flood Insurance Program that provides flood
insurance discounts for flood programs that exceed federal minimum standards. This will serve
to make flood insurance premiums more affordable statewide for the citizens of Colorado.
20. The Rules establish freeboard for all new and substantially changed structures statewide.
Freeboard tends to compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood and floodway conditions,
such as debris blocking bridge openings, inherent uncertainty in hydrologic and hydraulic
models, rainfall in excess of design events, legal encroachments into the floodplain, and the
hydrological effect of urbanization of the watershed. Freeboard results in substantially safer
construction and significantly lower flood insurance rates due to lower flood risk. This standard
will not apply to existing mapping, but rather, it will be in effect for future mapping and
studies. This new standard does not result in any new requirements.
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21. The Rules provide for a uniform statewide floodway criteria. Current minimum standards set
by the National Flood Insurance Program allow for encroachment into the floodplain that raises
base flood elevations by one foot. While legally permissible in most cases, this encroachment
results in increased risk to neighboring property owners without recourse that may result in
lower property values and increased liability for the permitting communities. Some local
communities in Colorado have already successfully adopted and implemented a ½ foot
surcharge, as proposed by these Rules. However, due to the non-uniform surcharge criteria
between neighboring communities, this higher local regulation is difficult to enforce near
community boundaries and is often unable to be reflected on countywide floodplain maps due
to the non-uniform regulations. While this regulation only applies to future activities, it has the
potential to provide benefits for both existing and future facilities by limiting higher flood
depths impacting these structures due to encroachment. This regulation has the net effect of
lowering flood elevations on nearby properties, thus increasing the safety and property value of
these positively impacted properties.
22. These Rules apply higher standards to regulations and processes that currently exist, including
requirements to: 1) follow all state and federal regulations, 2) obtain a local permit for
development in the floodplain (where applicable), 3) elevate or floodproof structures to a safe
elevation, and 4) get a local determination of when substantial changes occur. These Rules do
not change the current need to obtain a local permit for development in the floodplain and do
not alter how substantial change determinations are made by local governments. Identification
of a structure as a critical facility does not create a new regulatory nexus nor does it prevent its
occupation in the floodplain; rather it simply requires an additional foot of freeboard when
designed and constructed.
23. These Rules contain provisions that will require many local ordinances to be updated to be
consistent with these rules. A transition period of three years beginning from the effective date
of these rules will be in effect during which all local governments may follow current local
ordinances but must undertake activities to come into compliance with these Rules. Following
this transition period, all floodplain activities shall be in conformance with these Rules. In
addition, communities may, at their sole discretion, allow un-built projects that were previously
permitted by the local government, prior to the adoption date of the local ordinance for which
these Rules are incorporated, to be built and therefore considered to be in compliance with
these Rules. Communities may also, at their sole discretion, permit and allow projects for
which a valid CLOMR was issued prior to the adoption date of the local ordinance for which
these Rules are incorporated.
24. These Rules reduce expenditure of public money for costly flood control structures. In many
cases, proper application of these Rules may reduce, or in some cases, eliminate the need for
these costly public expenditures due to wiser use of floodplain areas and safer development
within them.
25. These Rules minimize the need for response and rescue efforts associated with flooding and
generally undertaken at the expense of the general public. While these Rules actually regulate
only structures and facilities in the regulatory floodplain, response and rescue efforts associated
with flooding affect all residents of a community in terms of cost and reduced availability of
these services during and following a flood to non-floodplain areas. Depending on the
circumstances for a particular flood event, the cost of these services can be enormous and, in
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worst cases, can impact the financial viability of a community.
26. These Rules minimize business interruptions. While there is a tangible cost of complying with
these Rules, it often pales in comparison to the lost business income, tax revenue, and
employment that are often experienced following flood events. There are many examples, both
from Colorado and around the nation, of a damaging flood impacting the financial stability of a
community or region for long periods. While disaster assistance may be available following
some events, it is often not sufficient to fully restore services, especially to individuals and
businesses. These Rules reduce the risk of flooding to future infrastructure and therefore lessen
the vulnerability of communities to losses and economic risk.
27. These Rules minimize expenses to taxpayers for costly disaster bailouts, relief efforts, and
recovery programs. Disaster assistance only benefits those directly affected by a flood disaster
but the costs are shared by entire communities, the state as a whole and, in some cases, the
entire nation. Application of these Rules places responsibility and costs on property owners
most likely to be directly affected by a flood event. These costs are often low compared to
costs experienced during flood events. These Rules reduce the risk of flooding to future
infrastructure and therefore lessen the vulnerability of communities and the State to costly and
avoidable post-flood activities.
28. These Rules are not to be applied retroactively. These Rules are in effect for future
construction, substantial changes to existing construction, and new additions. Substantial
change determinations are already made by local governments, and the process for this decision
is not altered by these Rules.
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Critical Facility Regulation Comparison Table
This table compares the types of critical facilities regulated by the City of Fort
Collins and the State of Colorado. Items that are not currently regulated by the
City, but are proposed to be regulated are marked as “To be included.”
Critical Facility Type Regulated by
the City of
Fort Collins
Regulated by the
State of Colorado
Essential Service Facilities (Emergency
Response)
Public Safety –
Police
Fire
Rescue
Emergency Operation Centers
Ambulance
Emergency Vehicle and Equipment
Storage
X
X
X
X
X
X
X
X
X
X
X
X
Emergency Medical
Hospitals
Ambulance Service Centers
Urgent Care Centers – emergency
Non-ambulatory Surgical Centers
X
X
X
X
X
X
X
X
Designated emergency shelters To be included. X
Communications – main hubs for telephone,
cable, satellite dish systems, cellular systems,
TV, radio, emergency warning systems
To be included. X
Public and Private Utility Plant Facilities for
Generation and Distribution (hubs, water
treatment plants, substations and pumping
stations for water, power and gas, but not
including towers, poles, power lines, buried
pipelines, transmission lines, distribution lines,
and service lines).
X
X
State excludes
wastewater treatment
Hazardous Material Facilities
Chemical and Pharmaceutical company X X
Laboratories X X
Refineries X X
Hazardous waste storage and disposal sites X X
Gasoline storage or sales stations X X
Quick Lubes, automotive paint or repair facilities X X
Warehouses X X
Manufacturing Facilities X X
Propane storage or sales X X
Cemeteries X
At Risk Population Facilities (Life-Safety)
Elder Care - Nursing Homes and Assisted Living
Facilities X X
Congregate Care, residential care facilities,
group homes X X
Housing likely to contain occupants who many
not be sufficiently mobile to avoid death or
injury during a flood.
X
Day Care and Child Care Facilities X X
Public and Private schools – pre-schools and K-
12 schools X X
Before and After-school care, summer day-camp
facilities X X
Government Services
Essential Government Operations – public
records, libraries, courts, jails, building
permitting and inspections services, community
administration and management
To be included. X
Essential structures for public colleges and
universities (dormitories, offices and classrooms
only).
To be included. X
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ATTACHMENT 6
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Excerpt from Unapproved Water Board Minutes, August 15, 2013
Floodplain Regulations Revisions (CWCB, Policy, Clarifications)
(Attachments available upon request).
Stormwater and Floodplain Program Manager Ken Sampley introduced the item and introduced
Floodplain Administrator Marsha Hilmes-Robinson. This information was also presented at the
June Water Board Work Session.
The Colorado Water Conservation Board (CWCB) adopted minimum statewide floodplain
regulations in January 2011. All communities must adopt these new standards by January 2014. The
City of Fort Collins has already adopted many of these standards.
Ms. Hilmes-Robinson presented a flood risk map showing the affected areas.
Required Changes
Additional critical facilities to be regulated. The types of critical facilities have been
reorganized into the following:
o Essential services
o Hazardous material facilities
o At-risk population facilities
o Government services
Higher freeboard for additions and substantial improvements (now 1 foot)
Additional items to be included in substantial improvement cost determinations for City
Basin Floodplains
o No special considerations for ‘pop-tops’ (second-story additions)
o All improvement value counts
Hardship provisions for variance requests
Elimination of waivers for properties in areas where capital projects are under construction
and reduce the floodplain in City Basin Floodplains
Additional Proposed Changes
Current regulations were reviewed for recommended policy or procedural changes, including:
Definition of ‘abandoned’
Escrow procedures
Mapping criteria
Letter of Map Revision (LOMR) - Fill criteria for properties annexed into the City (A
provision is included that stipulates this requirement does not apply to properties already
annexed into the City.)
Next Steps
Public Outreach (mid-July through August)
Council Work Session September 24
Council adoption expected by the end of 2013
What Happens if the City Does Not Adopt the Regulations?
The City can be put on probation or suspended from the National Flood Insurance Program
Disaster assistance would not be available
Higher flood insurance premiums for existing policies and no new flood insurance policies
Federal grants and loans would not be available to the City
ATTACHMENT 7
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Excerpt from Unapproved Water Board Minutes, August 15, 2013
Highlights from the discussion:
A board member inquired if the elimination of waivers will affect the Woodward Governor
project. Ms. Hilmes-Robinson stated this does not impact Woodward Governor because they
went through the variance process. This is different than the waiver process.
A board member asked for more details on the LOMR-F criteria. Ms. Hilmes-Robinson
explained that this stipulation closes a loophole of obtaining a LOMR-F prior to annexation
and not being subject to the conditions established for properties in the City that go through
the same process. This is significant due to the prohibition of residential structures in the
Poudre River floodplain and also the prohibition of critical facilities in all the floodplains.
A board member inquired if schools are considered critical facilities. Yes, schools are
considered critical facilities in the “At-risk population facilities” category.
The board members and staff discussed pop-tops (second story additions) to houses in the
floodplain and how this is related to potential damage and flood insurance.
** Board Member Brown departed the meeting at 8:01 p.m.
Discussion on the motion: There was no discussion on the motion.
Vote on the motion: It passed unanimously.
Board Member Hill moved that the Water Board recommend to City Council the
adoption of the proposed CWCB Floodplain Regulations and the additional proposed
policy and procedural changes and clarifications to Chapter 10 of City Code. Board
Member Brunswig seconded the motion.
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TABLE OF CONTENTS
CHAPTER 10
FLOOD PREVENTION AND PROTECTION
Articles:
I. In General
Reserved
II. Flood Hazard Areas
Division 1 Generally
Sec. 10-16 Definitions
Sec. 10-17 Purpose
Sec. 10-18 Interpretation
Sec. 10-19 Flood hazard area designation
Sec. 10-20 Application to certain lands
Sec. 10-21 Disclaimer of liability
Sec. 10-22 Violations and penalties
Division 2 Administration and Procedures
Sec. 10-26 Utilities Executive Director's powers and duties
Sec. 10-27 Floodplain use permit
Sec. 10-28 Appeals/variance procedure
Sec. 10-29 Conditions for variances
Sec. 10-30 Takings determinations
Division 3 General Standards for Flood Hazard Analysis and Reduction
Sec. 10-36 General provisions for flood hazard reduction
Sec. 10-37 General provisions related to elevation of structures
Sec. 10-38 Specific standards for floodproofing
Sec. 10-39 Venting requirements
Sec. 10-40 Specific standards for crawl spaces
Sec. 10-41 Specific standards for mobile buildings and manufactured homes
Sec. 10-42 Specific standards for recreational vehicles
Sec. 10-43 Development in one-hundred-year floodplains in which no floodway has been designated
Sec. 10-44 Development in one-hundred-year floodplains in which base flood elevations have not been determined
Sec. 10-45 Floodway evaluations
Sec. 10-46 Nonconforming structures
Sec. 10-47 Changes of use
Sec. 10-48 Emergency planning and preparedness
Division 4 Poudre River Flood Hazard Areas
Sec. 10-71 Specific standards for development in Poudre River floodway
Sec. 10-72 Specific standards for nonstructural development in Poudre River floodway
Sec. 10-73 Floodway encroachments in Poudre River floodway
Sec. 10-74 Change of use in Poudre River floodway
Sec. 10-75 Specific standards for residential development in Poudre River flood fringe
Sec. 10-76 Specific standards for nonresidential development in Poudre River flood fringe
Sec. 10-77 Specific standards for mixed-use development in Poudre River flood fringe
Sec. 10-78 Specific standards for nonstructural development in Poudre River flood fringe
Sec. 10-79 Change of use in Poudre River flood fringe
Sec. 10-80 Removal of property from Poudre River flood fringe
Sec. 10-81 Specific standards for Poudre River five-hundred-year floodplain and zone X shaded areas
Division 5 FEMA Basin Floodplains
Sec. 10-101 Designation of FEMA basin floodplains
Sec. 10-102 Specific standards for residential development in floodways of FEMA basin floodplains
Sec. 10-103 Specific standards for nonresidential development in floodways of FEMA basin floodplains
Sec. 10-104 Specific standards for mixed-use development in floodways of FEMA basin floodplains
Sec. 10-105 Specific standards for nonstructural development in floodways of FEMA basin floodplains
Sec. 10-106 Floodway encroachments in floodways of FEMA basin floodplains
ATTACHMENT 9
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II. Flood Hazard Areas (Cont'd)
Division 5 FEMA Basin Floodplains (cont'd)
Sec. 10-107 Change of use in floodways of FEMA basin floodplains
Sec. 10-108 Specific standards for residential development in flood fringe of FEMA basin floodplains
Sec. 10-109 Specific standards for nonresidential development in flood fringe of FEMA basin floodplains
Sec. 10-110 Specific standards for mixed-use development in flood fringe of FEMA basin floodplains
Sec. 10-111 Specific standards for nonstructural development in flood fringe of FEMA basin floodplains
Sec. 10-112 Change of use in flood fringe of FEMA basin floodplains
Sec. 10-113 Removal of property from flood fringe of FEMA basin floodplains
Sec. 10-114 Waiver of requirements for City designations within FEMA basin floodplains
Division 6 City Basin Floodplains
Sec. 10-131 Designation of City basin floodplains
Sec. 10-132 Specific standards for residential development in floodways of City basin floodplains
Sec. 10-133 Specific standards for nonresidential development in floodways of City basin floodplains
Sec. 10-134 Specific standards for mixed-use development in floodways of City basin floodplains
Sec. 10-135 Specific standards for nonstructural development in floodways of City basin floodplains
Sec. 10-136 Floodway encroachments in floodways of City basin floodplains
Sec. 10-137 Change of use in floodways of City basin floodplains
Sec. 10-138 Specific standards for residential development in flood fringe of City basin floodplains
Sec. 10-139 Specific standards for nonresidential development in flood fringe of City basin floodplains
Sec. 10-140 Specific standards for mixed-use development in flood fringe of City basin floodplains
Sec. 10-141 Specific standards for nonstructural development in flood fringe of City basin floodplains
Sec. 10-142 Change of use in flood fringe of City basin floodplains
Sec. 10-143 Removal of property from flood fringe of City basin floodplains
Sec. 10-144 Waiver of requirements for City basin floodplains
Division 7 Erosion Buffer Zones
Sec. 10-201 Designation of erosion buffer zones
Sec. 10-202 Specific standards for erosion buffer zones
Sec. 10-203 Erosion buffer zone waivers
III. Irrigation Ditches
Sec. 10-301 Definition
Sec. 10-302 Headgate required
Sec. 10-303 Escape ditch for wastewater
Sec. 10-304 Main ditches
Sec. 10-305 Obstruction and pollution of ditches prohibited
Sec. 10-306 Main lateral to be constructed
Sec. 10-307 Repairs of laterals by City; costs recovered
Sec. 10-308 Ditches across streets
Sec. 10-309 Deposits on banks unlawful
Sec. 10-310 Water flowing on streets unlawful
Sec. 10-311 Permitting irrigation water on streets unlawful
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ARTICLE I.
IN GENERAL
Secs. 10-1—10-15. Reserved.
ARTICLE II.
FLOOD HAZARD AREAS
Division 1
Generally
Sec. 10-16. Definitions.
Unless specifically defined below, words or phrases used
in this Article shall be interpreted so as to give them the
meaning they have in common usage and to give this
Article its most reasonable application.
A zone (or zone A) shall mean an area inundated by the
one-hundred-year flood, as shown on the FEMA Flood
Insurance Rate Map. Base flood elevations are not de-
termined in an A zone.
A1—A30 and AE zone (or zones A1—A30 and AE) shall
mean areas inundated by the one-hundred-year flood, as
shown on the FEMA Flood Insurance Rate Map. Base
flood elevations are determined for these zones.
Abandoned shall mean any structure that has been used
or was intended for use as an occupied structure, in
whole or in part, including an accessory building, that has
become vacant or unused for a period of at least 365 con-
secutive days, and meets at least two (2) of the following
conditions:
1. Is open to casual entry or trespass;
2. Is damaged by fire, flood, weather, or vandalism
to an extent that prevents safe occupation;
3. Is the site of loitering or vagrancy;
4. Demonstrates a lack of property maintenance
and upkeep as evidenced by one or more viola-
tions of the International Property Maintenance
Code, as adopted in § 5-47;
5. Is under notice for being in violation of City or-
dinances;
6. Has been secured or boarded up for at least 365
consecutive days;
7. Has utilities disconnected or not in use;
8. Is subject to a condemnation notice or legal or-
der to vacate;
9. Is structurally unsound to an extent that prevents
safe occupation; or
1.10. Is a potential hazard or danger to the
public.
Accessory structure shall mean a structure that is located
on the same parcel of property as the principal structure
and is used solely for parking and/or storage.
Addition shall mean any alteration to a structure which
results in any increase in the structure's footprint.
AH zone (or zone AH) shall mean an area of one-
hundred-year shallow flooding as shown on the FEMA
Flood Insurance Rate Map where depths are between one
(1) and three (3) feet (usually shallow ponding). Base
flood elevations are determined for this zone.
AO zone (or zone AO) shall mean an area of one-
hundred-year shallow flooding as shown on the FEMA
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Supp. No. 106
Change in watercourse shall mean any change in a thal-
weg, bed or bank of a watercourse.
Change of occupancy shall mean a change of occupancy
as defined in Chapter 5 of the Code, if such change of
occupancy results in an increase in the number of occu-
pants.
1
City basin floodplain shall mean the land in a one-
hundred-year floodplain designated by the City for a ba-
sin in which FEMA has not issued floodplain maps.
Colorado Floodplain Regulations shall mean the Rules
and Regulations for Regulatory Floodplains in Colorado,
issued November 17, 2012, by the Colorado Department
of Natural Resources, Colorado Water Conservation
Board, 2 Code of Colorado Regulations 408-1 (2010).
Conditional letter of map revision (CLOMR) shall mean
a letter from FEMA officially commenting on, but not
revising, the effective Flood Insurance Rate Map, for a
proposed project that would, upon completion, affect the
hydrologic or hydraulic characteristics of a flooding
source and thus result in a revision to the effective Flood
Insurance Rate Map to show changes in zones, delinea-
tions and flood elevations of floodplains and floodways.
Crawl space shall mean any unfinished area of a building
having its improved or unimproved floor subgrade (be-
low ground level) on all sides and the interior height of
which, measured from the lowest interior grade to the
highest point of the foundation, is four (4) feet or less.
Critical facilities shall mean structures or facilities, but
not the land on which they are it is situated, that if flood-
ed may result in significant hazards to public health and
safety or interruption of essential services and operations
for the community at any time before, during or after a
flood. Critical facilities shall include essential services
facilities, hazardous materials facilities, at-risk popula-
tion facilities, and government services facilities. that
produce, use or store hazardous, flammable, explosive,
toxic and/or water-reactive materials, liquids, gases and
solids as such are defined in the Uniform Fire Code as
adopted in § 9-1 and as amended in § 9-2, but not includ-
ing retail structures and facilities that only stock and store
products containing such substances in factory-sealed
containers; hospitals, nursing homes, group homes, resi-
dential care facilities, congregate care facilities and hous-
ing likely to contain occupants who may not be
sufficiently mobile to avoid death or injury during a
flood; schools; daycare facilities; cemeteries; police sta-
tions, fire stations, vehicle and equipment storage facili-
ties and emergency operations centers that are needed for
1 This definition shall become effective on July 1, 2013.
flood response activities before, during and after a flood;
and public and private utility facilities that are vital to
maintaining or restoring normal services to flooded areas
before, during and after a flood.
Cumulative substantial improvement shall mean any
combination of repairs, demolition, reconstruction, reha-
bilitation or other improvements of a structure, taking
place during the life of the structure during the time the
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-41
Supp. No. 103
Emergency response and preparedness plan shall mean a
plan, and related preparations and systems, that are in-
tended to provide both a reasonable measure of prepar-
edness for flooding and other emergencies that may
occur in conjunction with flooding, and a reasonable abil-
ity to respond to such circumstances so as to avoid and
minimize potential harm to persons or property, as de-
scribed in § 10-48 of this Article.
*
Enclosure shall mean an unfinished area below the fin-
ished area of a building that is partially or fully shut in by
rigid walls, where the lowest interior grade is at or above
the outside grade on all sides.
Encroachment shall mean an addition to or change to the
physical condition of a specified type of flood hazard
area that results in the blockage, diversion or displace-
ment of floodwaters.
Erosion buffer zone shall mean an area that has been de-
fined by a geomorphic analysis to be prone to increased
erosion due to lateral migration or unstable channel
banks of the creek, stream or river, as determined in the
drainage basin master plans adopted pursuant to § 10-19.
Essential services facilities shall mean facilities for the
provision of services needed before, during and after a
flood event in order to protect public health and safety.
Essential services facilities shall include, but not be lim-
ited to: public safety facilities such as police stations, fire
and rescue stations, emergency operations centers, stor-
age facilities for emergency vehicles and equipment;
emergency medical facilities such as hospitals, ambu-
lance service centers, urgent care centers and non-
ambulatory surgical centers; designated emergency shel-
ters; communications facilities such as main hubs and
control centers for telephone service, cable broadcasting,
satellite dish broadcasting, cellular systems, television,
radio and other emergency warning systems (excluding
towers, poles, lines, cables and conduits); public and pri-
vate utility plant facilities for generation, treatment and
distribution, such as transmission and distribution hubs
and control centers, water treatment plants, electric sub-
stations, and pumping stations for water, power and gas
(excluding towers, poles, power lines, buried pipelines,
transmission lines, distribution lines and service lines,
and excluding hydroelectric power generating plants and
related appurtenances); and air transportation lifelines,
such as general aviation and commercial airports , heli-
copter pads and appurtenances serving emergency func-
tions, and associated infrastructure such as aviation
control towers, air traffic control centers, and emergency
equipment aircraft hangars.
Evacuation shall mean emergency egress to allow safe
passage from a structure to dry ground in the regulatory
flood event.
*
Expansion of a manufactured home park or mobile build-
ing development shall mean the preparation of additional
sites by the construction of facilities for servicing the lots
10-42
Supp. No. 106
or any other item or material likely to float. Floatable
materials shall not include motor vehicles parked tempo-
rarily on property for the purpose of customer or employ-
ee parking, or a business's temporary outdoor display of
inventory during its usual hours of operation.
Flood or flooding shall mean a general and temporary
condition of partial or complete inundation of normally
dry land areas caused by the overflow of inland waters
and/or the unusual and rapid accumulation or runoff of
surface waters from any source.
Flood fringe shall mean that portion of the one-hundred-
year floodplain between the floodway boundary and the
upper limits of the base flood. Sheet flow areas with
flood depths of less than one (1) foot shall not be consid-
ered part of the flood fringe. Sheet flow areas with flood
depths between one (1) and three (3) feet, inclusive, shall
be considered part of the flood fringe.
Flood hazard area shall mean the Poudre River flood-
plain, a FEMA basin floodplain, a City basin floodplain,
an area removed from a floodplain by a LOMR-Fill, or
an erosion buffer zone.
Flood Insurance Rate Map (FIRM) shall mean the offi-
cial map on which the Federal Emergency Management
Agency has delineated both the floodplains and risk pre-
mium zones applicable to the community.
Flood Insurance Study shall mean the official report in
which FEMA has provided flood profiles, as well as the
Flood Insurance Rate Map and water surface elevation of
the base flood.
Floodplain shall mean any land area susceptible to being
inundated by water from any source.
Floodplain management shall mean the operation of an
overall program of corrective and preventative measures
for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works and
floodplain management regulations. Floodplain man-
agement refers to those activities that are implemented
with the intent to promote the public health, safety and
general welfare, to minimize public and private losses
due to flood conditions and to maintain, enhance and
improve the natural and beneficial functions of flood-
plains.
Floodplain management regulations shall mean zoning
ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as
floodplain ordinances, grading ordinances and erosion
control ordinances) and other applications of police pow-
er. The term describes such federal, state or local regula-
tions, or any combination thereof, which provide
standards for the purpose of flood damage prevention and
reduction.
Floodplain use permit shall mean any permit granted
under the terms and conditions of this Article for devel-
opment on land in a floodplain.
Floodproof shall mean to make a combination of struc-
tural provisions, changes or adjustments to properties and
structures subject to flooding, primarily for the reduction
or elimination of flood damage to properties, water and
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-43
Supp. No. 103
Hazardous materials facilities shall mean facilities that
produce, use or store highly volatile, hazardous, flamma-
ble, explosive, toxic and/or water-reactive materials, liq-
uids, gases or solids, as defined under Chapter 9 of the
Code, and cemeteries. Hazardous materials facilities
shall include, but not be limited to: chemical and phar-
maceutical plants; laboratories; refineries; hazardous
waste storage and disposal sites; gasoline storage or sales
facilities; automobile oil and lubrication, repair or paint
facilities; warehouses; manufacturing facilities; and pro-
pane storage or sales facilities. Hazardous materials fa-
cilities shall not include retail structures and facilities that
only stock and store products in factory-sealed contain-
ers.
Historic structure shall mean any structure that is:
(1) Listed individually in the National Register of
Historic Places (a listing maintained by the United
States Department of Interior) or preliminarily de-
termined by the U.S. Secretary of the Interior to meet
the requirements for individual listing in the National
Register;
(2) Certified or preliminarily determined by the
U.S. Secretary of the Interior to contribute to the his-
torical significance of a registered historic district or
a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(3) Individually listed on the state inventory of his-
toric places, if such an inventory exists and has been
approved by the U.S. Secretary of the Interior; or
(4) Individually designated as a local landmark pur-
suant to Chapter 14.
Letter of map amendment (LOMA) shall mean a letter
from FEMA officially revising the effective National
Flood Insurance Rate Map that establishes that a property
is not located in a FEMA special flood hazard area.
Letter of map revision (LOMR) shall mean a letter from
FEMA officially revising the effective National Flood
Insurance Rate Map to show changes in zones, delinea-
tions and flood elevations of floodplains and floodways.
Letter of map revision based on fill (LOMR-F) shall
mean a letter from FEMA stating that a structure or par-
cel of land that has been elevated by fill would not be
inundated by the base flood.
Lowest adjacent grade shall mean the elevation of the
natural ground or properly compacted fill that comprises
a component of a building's foundation system, sidewalk,
patio, deck support or basement entryway immediately
next to a structure and after the completion of construc-
tion.
Lowest floor shall mean the lowest floor of the lowest
enclosed area (including any basement or any crawl
space that does not meet the requirements of § 10-40).
An unfinished enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than
a basement area, is not considered a building's lowest
floor, provided that it meets the requirements of § 10-39
and 10-44 Code of Federal Regulations § 60.3, as the
10-44
Supp. No. 106
Nonconforming structure shall mean a structure that was
lawful at the time of construction, but which is not now
in conformity with the requirements of this Article, due
to the adoption of or changes in said Article or due to the
annexation of the property on which the structure is lo-
cated.
Nonresidential floor shall mean a level or floor of a non-
residential or mixed-use structure that is not used for, or
designed as and capable of being used for, the temporary
or permanent domicile of persons, or a portion of such a
domicile.
Nonresidential structure shall mean any structure that is
not, in whole or in part, a residential structure. A nonres-
idential structure shall include, without limitation, any
structure used, designed or intended for use for office,
commercial, business, educational, industrial or govern-
mental occupation.
Nonresidential use shall mean the use of all or a portion
of a structure or property for any use other than as a tem-
porary or permanent domicile of persons.
Nonstructural development shall mean any use of proper-
ty that does not involve a structure. Nonstructural devel-
opment may include, but is not limited to, the
construction or installation of or use of a property for
parking lots, utilities, detention ponds, fences, trails,
pathways, outdoor storage, cultivation of vegetation or
placement of fill.
Obstruction shall mean any physical barrier, structure,
material or impediment in, along, across or projecting
into a watercourse that may alter, impede, retard or
change the direction or velocity of the flow of water, or
that may, due to its location, have a propensity to snare or
collect debris carried by the flow of water or to be carried
downstream. Obstruction shall include, but not be limited
to, any dam, wall, wharf, embankment, levee, dike, pile,
abutment, protection, excavation, channelization, bridge,
conduit, culvert, building, wire, fence, rock, gravel, re-
fuse, fill, structure, and vegetation in, along, across or
projecting into a watercourse.
One-hundred-year floodplain shall mean the land in a
drainway within a community subject to a one-percent or
greater chance of flooding in a given year, whether des-
ignated as such by FEMA or by the City pursuant to
§ 10-19.
Outdoor storage shall mean storage outside of a struc-
ture, and shall include storage of materials, products,
equipment, vehicles, or any other item that is not a struc-
ture. Use of property for outdoor unattended parking of
vehicles, such as, for example, commuter parking areas,
trailhead parking areas or other remote parking areas,
shall be deemed to constitute outdoor storage.
Permanent foundation shall mean reinforced piers, posts,
piles, poured concrete walls, reinforced block walls, or
compacted fill in use as a permanent foundation for a
manufactured home or mobile building. Stacked concrete
blocks shall not be considered to constitute a permanent
foundation.
Physical map revision (PMR) shall mean a formal action
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-45
Supp. No. 103
resource purposes that have a relatively low flood dam-
age potential and do not involve a structure. This in-
cludes, without limitation: bicycle, equestrian or
pedestrian trails and paths; gazebos; benches; ball fields;
tennis and basketball courts; interpretive facilities; play-
ground equipment; and golf courses.
Recreational vehicle shall mean a vehicle which is: (1)
built on a single chassis; (2) four hundred (400) square
feet or less when measured at the largest horizontal pro-
jection; (3) designed to be self-propelled or permanently
towable by a light-duty truck; and (4) designed primarily
for use not as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or sea-
sonal use.
Redevelop or redevelopment shall mean:
(1) To construct any substantial improvement that
will result in the removal or replacement of more
than fifty (50) percent of the wall perimeter of any
floor of a structure that is completely or partially be-
low the base flood elevation, provided that the foot-
print of the structure is not increased; or
(2) To repair or reconstruct any structure that has
sustained substantial damage, which damage has
caused the removal or replacement of more than fifty
(50) percent of the wall perimeter of any floor of a
structure that is completely or partially below the
base flood elevation, provided that the footprint of
the structure is not increased.
Regulatory flood protection elevation shall mean the ele-
vation above the base flood elevation to which a structure
must be elevated, as set forth in the applicable require-
ments of this Article.
Regulatory floodplain shall mean the floodplain that is
regulated by the City, including the Poudre River flood-
plain, FEMA basin floodplains and City basin flood-
plains.
Rehabilitate or rehabilitation shall mean to make any
improvements and repairs to the interior and exterior of a
structure that do not result in any increase in the footprint
of the structure. The construction of a vertical addition is
considered to constitute rehabilitation.
Remodel or remodeling shall mean the same as rehabili-
tate or rehabilitation.
Residential structure shall mean any structure that is used
for, or designed as and capable of being used for, the
temporary or permanent domicile of persons, including
without limitation a dwelling, a boarding house, a hotel, a
motel and similarly used structure and a manufactured
home. A mixed-use structure shall not be deemed to con-
stitute a residential structure.
Residential use shall mean the use of all or a portion of a
structure or property as a temporary or permanent domi-
cile of persons.
Shallow flooding area shall mean either: (1) a designated
AH or AO zone shown on the Flood Insurance Rate Map;
or (2) designated as a shallow flooding area by the City
in a one-hundred-year floodplain having an average
10-46
Supp. No. 106
wall, ceiling, floor or other structural part of a building,
whether or not that alteration affects the external dimen-
sions of the building. For nonstructural development, the
actual start of construction shall mean the physical in-
stallation or addition of materials or improvements that
constitute all or any portion of the nonstructural devel-
opment.
Storage of floatable materials shall mean storage outside
of any structures of materials, products, equipment, vehi-
cles or any other item that is not a structure, if the stored
material or item meets the definition of floatable materi-
al.
Structure shall mean a structure with two (2) or more
outside rigid walls from floor to roof and a fully secured
roof that is affixed to a permanent site, a mobile building
or manufactured home or a gas or liquid storage tank that
is principally aboveground. An attached garage or addi-
tion shall be considered part of the structure to which it is
attached.
Substantial damage shall mean damage of any origin
sustained by a structure whereby the cost of restoring the
structure to its before-damaged condition would equal or
exceed fifty (50) percent of the market value of the struc-
ture before the damage occurred.
Substantial improvement shall mean any combination of
repairs, demolition, reconstruction, rehabilitation or other
improvements of a structure taking place for which the
actual start of construction occurred during thea twelve-
month period preceding the floodplain use permit appli-
cation date, the cumulative cost of which equals or ex-
ceeds fifty (50) percent of the market value of the
structure before the start of construction of the improve-
ment, provided that the footprint of the structure is not
increased. Substantial improvement shall include any
repair or reconstruction work performed within said peri-
od of time on structures that have incurred substantial
damage. A substantial improvement that meets the defi-
nition of redevelopment shall be regulated hereunder as
redevelopment. The term substantial improvement shall
not include any project for improvement of a structure to
correct violations of state or local health, sanitary or safe-
ty code specifications that have been identified by the
local code enforcement official, including only the mini-
mum improvements necessary to assure safe living con-
ditions. Also, substantial improvement shall not include
ordinary maintenance repairs such as interior or exterior
painting or decoration, replacement of windows, doors or
other nonstructural elements, repair or replacement of
heating or air conditioning appliances or hot water heat-
ers, reroofing, and utility connections, provided that such
improvements shall not be excluded from the overall
work when carried out in connection with structural im-
provements.
Temporary construction trailer shall mean a mobile
building in temporary use in connection with a construc-
tion project, which would be exempt from building per-
mit requirements as a temporary construction trailer
pursuant to Chapter 5.
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-47
Supp. No. 103
(5) Minimize damage to public facilities and utili-
ties, such as water and gas mains, electric, telephone
and sewer lines, and streets and bridges located in
floodplains;
(6) Help maintain a stable tax base by providing for
the secondary use and development of floodplains so
as to minimize future flood blight areas;
(7) Ensure that potential buyers are notified that
property is in a floodplain;
(8) Ensure that those who occupy the floodplain as-
sume the responsibility for their actions;
(9) Protect the natural areas required to convey
flood flows and retain flow characteristics; and
(10) Obtain and maintain the benefits to the com-
munity of participating in the National Flood Insur-
ance Program.
(b) In order to accomplish its purposes, this Article in-
cludes methods and provisions for:
(1) Restricting or prohibiting uses which are dan-
gerous to health, safety and property due to water or
erosion hazards or which result in damaging increas-
es in erosion or in flood elevations or velocities;
(2) Requiring that uses vulnerable to floods, includ-
ing facilities which serve such uses, be protected
against flood damage at the time of initial construc-
tion;
(3) Controlling the alteration of natural floodplains,
stream channels and natural protective barriers which
help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other
development which may increase flood damage; and
(5) Preventing or regulating the construction of
flood barriers which will unnaturally divert floodwa-
ters or which may increase flood hazards in other ar-
eas.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-18. Interpretation.
In the interpretation and application of this Article, all
provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing
body; and
(3) Deemed neither to limit nor repeal any other
powers granted under state statutes.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-19. Flood hazard area designation.
(a) The Flood Insurance Study dated December 19,
2006, including any revisions or amendments thereto,
completed for the City by FEMA for the purpose of iden-
tifying floodplain and floodway areas, with accompany-
ing Flood Insurance Rate Map, is hereby adopted by
reference and declared to be a part of this Article. The
Flood Insurance Study is on file in the office of the City
Clerk.
(b) The additional floodplain studies or reports listed in
this Subsection, together with the delineated floodplains,
flood fringe areas, floodways and erosion buffer zones
10-48
Supp. No. 106
d. Fossil Creek floodplain.
e. Mail Creek floodplain.
f. McClellands Creek floodplain.
g. Foothills floodplain.
(4) Erosion buffer zones (see Division 76):
a. Fossil Creek erosion buffer zone.
b. Boxelder Creek erosion buffer zone.
c. McClellands Creek erosion buffer zone.
d. Mail Creek erosion buffer zone.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 206, 2006 § 2, 1-16-07;
Ord. No. 015, 2007 § 2, 2-20-07; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-20. Application to certain lands.
The provisions of this Article shall apply to all areas
within the jurisdiction of the City. If a lot or parcel lies
partly within a floodplain, floodway, flood fringe, ero-
sion buffer zone or other designated area, or has been
removed from a flood fringe by a LOMR-Fill, the part(s)
of such lot or parcel lying within such area or areas shall
meet all the standards and requirements applicable to
such area as prescribed by this Article. If lands located
outside the City limits are included within a flood hazard
area, the requirements of this Article shall apply to such
lands upon annexation and thereafter, and any develop-
ment activities upon such lands after the date of annexa-
tion shall comply with this Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-21. Disclaimer of liability.
The degree of flood protection required by this Article is
considered reasonable for regulatory purposes and is
based upon engineering and scientific methods of study.
Floods of greater magnitude than the base flood occur on
rare occasions, and flood elevations may be increased by
man-made or natural causes, such as ice jams and bridge
openings restricted by debris. The provisions of this Arti-
cle should not be construed to imply that areas outside
floodplains or land uses permitted within such areas will
be free from flooding or flood damages. This Article
shall not create liability on the part of the City or any
officer or employee of the City for any flood damages
that result from reliance on this Article or any administra-
tive decision lawfully made thereunder.
(Ord. No. 37, 2005, 3-15-05)
186 of 244
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-49
Supp. No. 103
Sec. 10-22. Violations and penalties.
No structure or land shall be constructed, located, ex-
tended, converted, altered or used without full compli-
ance with the terms of this Article and other applicable
regulations. Violations of the provisions of this Article by
failure to comply with any of its requirements, including
violations of conditions and safeguards established in
connection with conditions, shall constitute a misde-
meanor. Any person who violates this Article or who
fails to comply with any of its requirements shall, upon
conviction, be guilty of a misdemeanor and shall be pun-
ished as provided in § 1-15, or as otherwise expressly
provided in a particular section of this Article, and shall
be liable for any costs collected pursuant to applicable
provisions of this Code. Each day that any violation of
the provisions of this Article occurs shall constitute a
separate offense. Nothing contained herein shall prevent
the City from taking such other lawful action as is neces-
sary to prevent or remedy any violation.
(Ord. No. 37, 2005, 3-15-05)
Secs. 10-23—10-25. Reserved.
Division 2
Administration and Procedures
Sec. 10-26. Utilities Executive Director's powers and
duties.
The duties and responsibilities of the Utilities Executive
Director shall include but are not limited to:
(1) Reviewing all floodplain use permits to deter-
mine that the permit requirements of this Article, in-
cluding without limitation the submission of base
flood elevation data, have been satisfied;
(2) Obtaining evidence prior to the issuance of a
floodplain use permit that all necessary permits have
been obtained from those federal, state or local gov-
ernment agencies from which prior approval is re-
quired. Conditional floodplain use permits may be
issued contingent upon receipt of other specifically
identified federal, state or local government agency
permits of approval;
(3) Reviewing all floodplain use permits to deter-
mine if the proposed development is located in the
floodway and, if located in the floodway, assuring
that the encroachment provisions of this Article are
met;
(4) Requiring the obtaining and recording by a pro-
fessional engineer or land surveyor of the actual ele-
vation in relation to mean sea level of the lowest
floor, including basement, of all new or improved
structures and whether or not the structure contains a
basement;
(5) Requiring for all new or improved floodproofed
structures the following:
a. Verification and recording by a professional
engineer or architect of the actual elevation in
relation to mean sea level; and
b. Documentation of the floodproofing as re-
quired in § 10-38.
10-50
Supp. No. 106
present and proposed, fill, storage of materials and drain-
age facilities; and the location of the foregoing.
(b) The following information is specifically required
and must be submitted by any floodplain permit appli-
cant:
(1) Elevation in relation to mean sea level of the
lowest floor, including without limitation the crawl
space or basement, heating, cooling or other mechan-
ical components, and garage, of all structures;
(2) Elevation in relation to mean sea level to which
any structure has been floodproofed;
(3) Certification by a registered professional engi-
neer or architect that any floodproofing methods
meet the floodproofing criteria in this Article; and
(4) Description of the extent to which any water-
course will be altered or relocated as a result of pro-
posed development.
(c) The following information is also required for a
floodplain use permit:
(1) The signature of the owners of all property sub-
ject to the development request on the permit or their
legally authorized representatives;
(2) A written report showing to the satisfaction of
the Utilities Executive Director that the floodplain
use permit may be issued in compliance with all cri-
teria for approval;
(3) A surface view plan showing elevations and
contours of the ground; fill and storage elevations;
sizes, locations and spatial arrangement of all pro-
posed, anticipated and structures present on the site;
location and elevations of streets, water supplies and
sanitary facilities; boundaries of all applicable flood-
plains, flood fringe areas, floodways and erosion
buffer zones, or other applicable delineated areas in
which the proposed development is to be located;
and cross-section locations and base flood elevation
contours;
(4) Specifications for building construction and ma-
terials, filling, dredging, grading, channel improve-
ments and changes, storage of materials, water
supply and sanitary facilities;
(5) Detailed information documenting compliance
with any specific requirements applicable to the pro-
posed development or activity pursuant to this Arti-
cle; and
(6) An emergency response and preparedness plan,
if required pursuant to this Article; provided, howev-
er, that this requirement shall be considered a flood-
plain use permit condition to be met prior to issuance
of a certificate of occupancy, pursuant to Subsection
(g) below.
4
(d) The Utilities Executive Director may require the ap-
plicant to furnish such additional information as the Utili-
ties Executive Director deems necessary to evaluate the
effects of the proposed construction upon any flood haz-
ard areas, which information may include, but shall not
be limited to, the following:
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-51
Supp. No. 103
(2) The effects upon lands upstream, downstream
and in the immediate vicinity;
(3) The effects upon the one-hundred-year flood
profile and channel stability;
(4) The effects upon any tributaries to the main
stream, drainage ditches and any other drainage fa-
cilities or systems;
(5) Whether additional public expenditures for
flood protection or prevention will be required;
(6) Whether the proposed use is for human occu-
pancy, and, if so, the impacts to human safety and
the extent to which emergency response and prepar-
edness and other measures are required and have
been assured in order to reduce safety risk;
5
(7) The potential danger to persons upstream,
downstream and in the immediate vicinity;
(8) Whether any proposed changes in watercourse
will have an adverse environmental effect on the wa-
tercourse, including without limitation, erosion of
stream banks and streamside trees and vegetation and
wildlife habitat;
(9) Whether any proposed water supply and sanita-
tion systems and other public utility systems are lo-
cated and constructed to minimize flood damage and
to prevent disease, contamination and unsanitary or
hazardous conditions during a flood;
(10) Whether any proposed facility and its contents
will be susceptible to flood damage and the effect of
such damage;
(11) The relationship of the proposed development
to the elements of the City of Fort Collins Compre-
hensive Plan and any applicable floodplain manage-
ment programs;
(12) Whether safe access is available to the property
in times of flood for ordinary and emergency vehi-
cles;
(13) Whether the cumulative effect of the proposed
development with other existing and anticipated uses
will increase flood elevations; and
(14) Whether the expected flood elevations, veloci-
ties, duration, rate of rise, channel stability and sedi-
ment transport of the floodwaters expected at the site
will adversely affect the development or surrounding
property, and whether adequate drainage is provided
to reduce exposure to flood damage.
5 This Paragraph shall become effective on July 1, 2013.
(f) The Utilities Executive Director may, in his or her
discretion, require that plans, drawings, specifications or
reports for structures, other improvements, features or
encroachments, or other impacts of proposed activities,
be prepared and certified by a Colorado registered pro-
fessional engineer as necessary to provide for an ade-
quate technical basis for floodplain use permit, variance
or other decisions under this Article.
(g) All floodplain mapping shall meet the requirements
set forth in the version of the FEMA publication “Guide-
10-52
Supp. No. 106
Sec. 10-28. Appeals/variance procedure.
(a) The Water Board, as established in § 2-436, shall
hear and decide appeals from decisions of the Utilities
Executive Director and requests for variances from the
requirements of this Article. Any final decision of the
Board may be subject to review by the City Council.
(b) The Water Board shall hear and decide appeals when
it is alleged that there is an error in any requirement, de-
cision or determination made by the Utilities Executive
Director in the enforcement or administration of this Ar-
ticle. Persons desiring to appeal a decision of the Utilities
Executive Director to the Water Board shall at the time
of making such appeal pay a docket fee in the amount of
three hundred dollars ($300.). Written notice of hearing
shall be given to the appellant at least three (3) days prior
to the hearing by mailing the notice to the appellant's last
known address by regular mail.
(c) Persons desiring to request a variance shall at the
time of application for said variance submit a variance
application together with a floodplain use permit applica-
tion, and shall at the time of application pay the flood-
plain use permit fee of twenty-five dollars ($25.) and a
variance processing fee in the amount of three hundred
dollars ($300.). Written notice of a variance hearing shall
be given to the applicant at least three (3) days prior to
the hearing by mailing the notice to the applicant's ad-
dress, as set forth in the variance application, by regular
mail.
(d) The Water Board shall from time to time adopt such
additional rules and regulations as it deems necessary and
advisable for the preparation and submission of variance
requests for Board review, for the conduct of its hearings
and for carrying out the provisions hereof.
(e) In passing upon such applications, the Water Board
shall consider all technical evaluations, all relevant fac-
tors and standards specified in other sections of this Arti-
cle and:
(1) The danger that materials may be swept onto
other lands to the injury of others;
(2) The danger to life and property due to flooding
or erosion damage;
(3) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner;
(4) The importance of the service provided by the
proposed facility to the community;
(5) The availability of alternate locations for the
proposed use which are not subject to flood or ero-
sion damage;
(6) The compatibility of the proposed use with ex-
isting and anticipated development;
(7) The relationship of the proposed use to the com-
prehensive plan and floodplain management program
of that area;
(8) The safety of access to the property in times of
flood for ordinary and emergency vehicles; and
(9) The expected flood elevation, velocity, duration,
rate of rise and sediment transport of the floodwaters
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-53
Supp. No. 103
Sec. 10-29. Conditions for variances.
(a) Generally, variances may be issued for construction
and improvements to be erected on a lot one-half (½)
acre or less in size contiguous to and surrounded by lots
that contain structures constructed below the base flood
elevation, provided that all factors of the variance proce-
dure have been fully considered.
(b) Variances may be issued for the reconstruction, re-
habilitation or restoration of historic structures without
regard to the procedures set forth in the remainder of this
Section.
(c) If the variance sought under this Section would ex-
empt the applicant's property from the application of any
provision under this Article that is more restrictive than a
any comparable provision of the Federal Floodplain Reg-
ulations established in 44 C.F.R. Parts 59–78 and the
Colorado Floodplain Regulations, such variance shall not
be subject to the required finding of Paragraph (fg)(2) of
this Section.
(d) If the variance sought is for property located in a
City basin floodplain, such variance shall not be subject
to the required finding of Paragraph (g)(2) of this Sec-
tion.
(e) Variances shall not be issued within any designated
floodway if any increase in base flood elevations would
result.
(ef) Variances shall only be issued upon the determina-
tion that the variance is the minimum necessary, consid-
ering the flood hazard, to afford relief.
(fg) Variances shall only be issued upon:
(1) The showing of good and sufficient cause;
(2) A determination that failure to grant the variance
would result in exceptional hardship to the applicant;
and
(3) A determination that the granting of the variance
would not result in any increased flood elevations
contrary to the applicable requirements of this Arti-
cle or any additional threat to public safety or to pub-
lic or private property, any extraordinary public
expense, any nuisance or trespass, any fraud on or
victimization of the public as identified in this Arti-
cle, or conflict with local laws or ordinances.
(gh) Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to
be built with the lowest floor elevation below the base
flood elevation and that the cost of flood insurance will
be commensurate with the increased risk resulting from
the reduced lowest floor elevation.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 4, 2-20-07)
Sec. 10-30. Takings determinations.
Any person who claims that his or her property has been
taken by reason of the application of any provision of this
Article may apply to the Utilities Executive Director for a
Takings Determination using the procedural and substan-
tive requirements and criteria set forth in Division 2.13 of
the City's Land Use Code, provided that, for the purpose
of this Section, any reference therein to the Director of
10-54
Supp. No. 106
(6) Adequate drainage consistent with the require-
ments of § 26-544 shall be planned and constructed
in connection with any development, as applicable.
(b) In all flood hazard areas, all new and replacement
water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
(c) In all flood hazard areas, new and replacement sani-
tary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and
discharge from the systems into floodwaters.
(d) In all flood hazard areas, on-site waste disposal sys-
tems shall be located to avoid impairment to them or con-
tamination from them during flooding.
(e) Within areas of shallow flooding, adequate drainage
paths shall be provided to guide floodwaters around and
away from structures on the site.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-37. General provisions related to elevation of
structures.
(a) Determination of base flood elevation.
(1) Base flood elevations established. The base
flood elevation for any location shall be determined
using the higher of: a) the base flood elevation doc-
umented for that location on the FIRM and Flood In-
surance Study; and b) the base flood elevation
documented for that location on the maps and sup-
porting technical analysis on which the City's flood-
plain delineation for the location has been adopted
by the City pursuant to Subsection 10-19(b).
(2) Flood depth in lieu of mapped base flood eleva-
tion. For a location within an AO zone or any loca-
tion within a City basin floodplain for which a base
flood elevation has not been determined by FEMA or
the City, if the depth of flooding has been document-
ed by either FEMA or the City to exceed one (1)
foot, the base flood elevation shall be determined
based on the specified flood depth above the highest
adjacent grade documented on: a) the FIRM and
Flood Insurance Study; or b) the maps and support-
ing technical analysis on which the City's floodplain
delineation for the location has been adopted by the
City pursuant to Subsection 10-19(b).
(3) In lieu of flood depth or mapped base flood ele-
vation. For a location in an AO zone for which no
flood depth information has been documented on the
FIRM, the base flood elevation shall be deemed to be
twenty-four (24) inches above the highest adjacent
grade.
(b) Requirement to elevate. In any flood hazard area, the
duct work, heating, ventilation and air conditioning sys-
tems, hot water heater, electrical and the lowest floor
level of any structure in the event of any new construc-
tion, addition, substantial improvement or repair of sub-
stantial damage, or redevelopment must be elevated to or
above the applicable regulatory flood protection eleva-
tion, except to the extent either floodproofing is allowed
in lieu of said elevation in the manner described in § 10-
38 or venting is allowed in lieu of said elevation in the
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-55
Supp. No. 103
(2) Basement. The lowest floor elevation of a struc-
ture with a basement shall be measured at the top of
the basement slab.
(3) Crawl space. The lowest floor elevation of a
structure with a crawl space that is built in accord-
ance with the specifications of § 10-40 shall be
measured at the top of the floor of the lowest fin-
ished area. The lowest floor elevation of a structure
with a crawl space that is not built in accordance
with the specification of § 10-40 shall be measured at
the lowest interior grade of the crawl space.
(4) Enclosure. The lowest floor elevation of a struc-
ture with an enclosure that is built in accordance with
the venting specifications of § 10-39 shall be meas-
ured at the top of the floor of the lowest finished ar-
ea. The lowest floor elevation of a structure with an
enclosure that is not built in accordance with the
venting specifications of § 10-39 shall be measured
at the lowest interior grade of the enclosure.
(e) Elevation certificate required. A FEMA elevation
certificate, signed and certified by a registered profes-
sional land surveyor, accurately documenting the as-built
elevation of the improvements, must be submitted to the
Utilities Executive Director and accepted before release
of a certificate of occupancy for the structure.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-38. Specific standards for floodproofing.
Any structure or portion of a structure eligible to substi-
tute floodproofing in lieu of compliance with the appli-
cable elevation requirement of Subsection 10-37(b) shall
meet the following requirements, which shall be referred
to as floodproofing requirements:
(1) In order for a structure to be eligible to comply
with this Article through these floodproofing re-
quirements:
a. The structure must be a nonresidential struc-
ture, a nonresidential use portion of a mixed-use
structure, an accessory structure or an attached
garage; and
b. The flood depth surrounding the structure
must not exceed three (3) feet.
(2) The structure must be designed and constructed
to be floodproofed so that:
a. Below the regulatory flood protection eleva-
tion, the structure is watertight with walls sub-
stantially impermeable to the passage of water;
b. All structural components are capable of re-
sisting hydrostatic and hydrodynamic loads and
effects of buoyancy from flooding;
c. The structure complies with the FEMA
flood-resistant materials and floodproofing re-
quirements in effect as of the date of the flood-
plain use permit; and
d. Adequate drainage paths to guide floodwa-
ters around and away from the structure are pro-
vided consistent with the requirements of § 26-
544.
10-56
Supp. No. 106
2. A description of who will be responsible
for ensuring that the measures are in place,
and who will monitor any closure shields, if
the structure is an occupied structure; and
3. An annual schedule of when the flood-
proofing measures will be in use;
g. A statement of the wording of notices to be
posted in conspicuous locations on each floor of
the structure, in such form, locations and num-
bers as are reasonably necessary to inform occu-
pants of the structure that the structure is
floodproofed and identifying the specific loca-
tion of any floodproofing equipment requiring
human operation in order for the floodproofing
to be effective;
h. A plan of the structure showing the location
of the required floodproofing notices; and
i. A plan for maintenance and inspection of the
floodproofing measures.
(4) A post-construction floodproofing certificate,
signed and certified by a registered professional en-
gineer or architect, accurately documenting the as-
built elevation of the floodproofing improvements,
must be submitted to the Utilities Executive Director
and accepted before release of a certificate of occu-
pancy for the structure.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-39. Venting requirements.
Any structure or portion of a structure eligible to substi-
tute venting in lieu of compliance with the applicable
elevation requirement in Subsection 10-37(b) shall meet
the following requirements:
(1) The structure must provide one (1) square inch
of venting for every square foot of enclosed area;
(2) The structure must provide at least two (2) vents
located on different sides of the structure, with one
(1) being located on the upstream side of the struc-
ture if possible;
(3) The bottom of required vents must be no higher
than one (1) foot above grade;
(4) The required vents must be freely open with no
human intervention required;
(5) The area below the regulatory flood protection
elevation must be unfinished and constructed of
flood-resistant materials as the same are defined by
FEMA. Sheetrock (drywall) used for fire protection
is permitted in unfinished areas;
(6) All ductwork, heating, ventilation and air condi-
tioning systems, electrical and hot water heaters in-
cluded as part of the structure must be elevated to or
above the regulatory flood protection elevation;
(7) The structure must be securely anchored to re-
sist floatation;
(8) All of the above required features must be
shown on the building plans submitted for the flood-
plain permit and building permit;
(9) An elevation certificate documenting the venting
features included in a structure in a form satisfactory
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-57
Supp. No. 103
Sec. 10-41. Specific standards for mobile buildings
and manufactured homes.
Any mobile building or manufactured home, where per-
mitted, that is placed, relocated, redeveloped or substan-
tially improved after the effective date of this Section,
and any addition to a mobile building or manufactured
home, shall meet the following requirements:
(1) The mobile building or manufactured home
must meet the requirements of § 10-37, including,
but not limited to, the requirement to be elevated so
that the lowest floor is at or above the regulatory
flood protection elevation. For a mobile building or
manufactured home elevated on pilings:
a. The lot on which said structure is located must
be large enough to permit steps;
b. The foundation pilings must be placed in stable
soil no more than ten (10) feet apart; and
c. Reinforcement must be provided for any pilings
more than six (6) feet above the ground level.
(2) The mobile building or manufactured home
must be securely anchored on a permanent founda-
tion to resist flotation, collapse or lateral movement
and shall be capable of resisting the hydrostatic and
hydrodynamic flood forces calculated to occur in a
one-hundred-year flood. Methods of anchoring may
include, but are not limited to, use of over-the-top or
frame ties to ground anchors, and must comply with
the following requirements:
a. Over-the-top ties must be provided at each of
the four (4) corners of the mobile building, with two
(2) additional ties per side at intermediate locations,
and with one (1) additional tie per side if the building
length is in excess of fifty (50) feet and one (1) addi-
tional tie per side for each additional fifty (50) feet of
length.
b. Frame ties must be provided at each corner of
the manufactured home or mobile building, with five
(5) additional ties per side at intermediate points, ex-
cept that only four (4) additional frame ties per side
shall be required for manufactured homes and mobile
buildings less than fifty (50) feet long.
c. All components of the anchoring system must
be capable of carrying a force of four thousand eight
hundred (4,800) pounds.
(3) The mobile building or manufactured home
must meet the requirements and guidelines applica-
ble to an individual manufactured home or mobile
building set forth in the FEMA publication entitled,
“Protecting Manufactured Homes from Floods and
Other Hazards,” FEMA P-85, November 2009
"Manufactured Home Installation in Flood Hazard
Areas," FEMA85/September 1985.
(4) The mobile building or manufactured home
must be placed in such a location and manner as to
provide adequate access to allow the mobile building
or manufactured home to be hauled from the site.
(5) The mobile building or manufactured home
10-58
Supp. No. 106
on a FIRM or City floodplain map, unless base flood ele-
vation information consistent with the City's floodplain
modeling guidelines is provided and all applicable re-
quirements, including, but not limited to, the require-
ments of § 10-43, are met.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-45. Floodway evaluations.
Where otherwise permitted, any development, obstruc-
tion or activity that will result in an encroachment in or
modification to the floodway shall be permitted only if
the following requirements are met, using floodplain
modeling and technical analysis consistent with flood-
plain modeling guidelines and standards established or
approved by the Utilities Executive Director, including,
but not limited to, the considerations and requirements
set forth in § 10-27:
(1) Required demonstrations for floodway en-
croachments and/or modifications. At least one (1) of
the following requirements must be met for any
floodway encroachment or modification:
a. No rise. The development, obstruction or ac-
tivity must be shown by appropriate floodplain
modeling to result in no increase in base flood
elevations, also referred to as no rise, as defined
in § 10-16, and:
1. A certification signed by a registered pro-
fessional engineer accurately documenting
that no increase in base flood elevations will
result from the proposed development, ob-
struction or activity, in a form approved by
the Utilities Executive Director, must be
submitted prior to issuance of a floodplain
permit, and
2. A certification signed by a registered pro-
fessional engineer accurately documenting
the as-built base flood elevations after com-
pletion of the development, obstruction or ac-
tivity as resulting in no increase in base flood
elevations must be submitted prior to the is-
suance of a certificate of occupancy, or, in
the event no certificate of occupancy is re-
quired, upon completion of the improve-
ments; or
b. No rise except on applicant land or easement.
The development, obstruction or activity must
be shown by appropriate floodplain modeling to
result in no increase in base flood elevations or
change in floodway or flood fringe boundaries,
except on the applicant's contiguous property or
on property for which the applicant has obtained
and recorded easements sufficient to allow for
the associated changes, and:
1. A certification signed by a registered pro-
fessional engineer accurately documenting
that no increase in the floodway or base flood
elevations on other than the applicant's con-
tiguous property or on property for which the
applicant has obtained and recorded ease-
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-59
Supp. No. 103
v. a physical change to the hydrology of
the floodway or hydraulic conveyance with the
floodway; or
2. requires any of the following in order to
meet the requirements for a floodplain use per-
mit:
i. technical analysis to correct existing
map errors;
ii. technical analysis that incorporates im-
proved technical data; or
iii. technical analysis that applies im-
proved or alternative hydrologic or hydraulic
methodologies.
b. Final map revisions. Upon completion of de-
velopment or other activities for any develop-
ment or activity in the floodway that results in a
change to base flood elevations, floodway or
flood fringe boundaries, regardless of whether a
for which a floodplain permit and Conditional
Letter of Map Revision are has been required
pursuant to this § 10-45(2)(a), a Letter of Map
Revision or Physical Map Revision must be ap-
proved by FEMA, or, for a City basin flood-
plain, a final map revision must be approved by
the Utilities Executive Director, prior to issu-
ance of a certificate of occupancy, or, in the
event no certificate of occupancy is required,
upon completion of the improvements.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 6, 2-20-07;
Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-46. Nonconforming structures.
A nonconforming structure may be continued, notwith-
standing the provisions of this Article, subject to the fol-
lowing conditions:
(1) If a nonconforming structure is abandoned for
twelve (12) consecutive months, the structure shall
conform to the requirements of this Article prior to
any future use. Intent to resume active operations
shall not affect the foregoing.
(2) If any nonconforming structure is substantially
damaged by any means, including floods, such struc-
ture shall not be reconstructed, except in conformity
with the provisions of this Article.
(3) Any substantial improvement to a nonconform-
ing structure in a FEMA basin floodplain or City ba-
sin floodplain, or any cumulative substantial
improvement to a nonconforming structure in the
Poudre River floodplain, shall be made only in con-
formity with the provisions of this Article.
(4) No person shall change the use of a noncon-
forming structure in any floodway from a nonresi-
dential structure to a residential structure or a mixed-
use structure, or to increase the residential use area
of a mixed-use structure.
(5) No person shall change the use of a noncon-
forming structure in any flood fringe from a nonresi-
dential structure to either a residential structure or a
10-60
Supp. No. 106
1. The source, flood frequency, expected du-
ration, timing and depth of flood impacts that
impact the structure, its occupants or activity
in the structure,
2. The expected impact on activities and op-
erations,
3. Identification of persons potentially im-
pacted, and
4. The impact of flooding on evacuation
routes and emergency vehicle access to the
site;
b. A description of the method of receipt of
flood warning;
c. Identification and assignment of personnel to
implement the plan;
d. Procedures for notification of employees,
customers and other building occupants, includ-
ing:
1. Contact information,
2. Redundant methods of notification,
3. Safeguards to ensure all employees re-
ceived the notification, and
4. General content of the notices to be pro-
vided;
e. A description of procedures for both evacua-
tion and shelter-in-place of building occupants,
including:
1. Method and responsibility for determina-
tion of appropriate response, with evacuation
generally considered the primary response,
and shelter-in-place is considered a second-
ary response,
2. Description of evacuation process, includ-
ing:
a) Timing of opportunity to evacuate re-
quiring a minimum of two (2) hours of
lead-time from when flood waters would
impact the site or any portion of the des-
ignated evacuation routes,
b) Map and directions with evacuation
routes, including, but not limited to, exits
from occupied structures and from occu-
pied structures to a dry public road, spe-
cifically identifying any approved fire
apparatus access roads or other emergency
access routes,
c) Mode of evacuation – walking, car
and/or provided transportation, and
d) Alternative routes for evacuation when
preferred routes are washed out or other-
wise impassable;
3. A description of the shelter-in-place, in-
cluding:
a) Description of safe on-site areas for
shelter-in-place occupation,
b) Development and maintenance of an
emergency preparedness kit containing
supplies for three (3) days, including such
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-61
Supp. No. 103
2. Site clean-up procedures; and
j. Designation of a person responsible for oper-
ation of the occupied facility of which the plan
is required, who shall be responsible to the City
for completion of the specific requirements set
forth in this Section.
(2) Documentation of any required emergency re-
sponse and preparedness plan and of practice drills
and related process improvements shall be main-
tained on file and shall be available at the facility to
which the plan pertains for inspection by the Utilities
Executive Director upon request.
(3) The person designated as responsible for any re-
quired emergency response and preparedness plan
under Subparagraph (1)j. above shall review the plan
during the first quarter of each calendar year, and
shall submit documentation of each annual review to
the Utilities Executive Director on a form satisfacto-
ry to the Utilities Executive Director during the first
quarter of each calendar year.
(4) Notwithstanding the foregoing, the requirements
of this Section shall not apply for any structure or
portion of structure for which FEMA has approved a
Conditional LOMR providing for a LOMR or Physi-
cal Map Revision pursuant to Paragraph 10-80(a)(1)
of this Article that:
a. removes such structure or portion of structure
from the one-hundred-year floodplain; and
b. provides at least one (1) designated dryland
access and evacuation route upon construction
of the proposed improvements.
(Ord. No. 048, 2013, § 5, 3-26-13)
Secs. 10-49—10-70. Reserved.
Division 4
Poudre River Flood Hazard Areas
Sec. 10-71. Specific standards for development in
Poudre River floodway.
In addition to complying with all other applicable provi-
sions of this Article, all development in the floodway of
the Poudre River, as designated pursuant to § 10-19, shall
comply with the following provisions. If there is any con-
flict between any of the following provisions and any
other provision of this Article, the more restrictive provi-
sion shall control.
(1) New construction. Construction of new struc-
tures is prohibited.
(2) Additions. Addition to a structure is prohibited.
(3) Remodeling and repairs.
a. Remodeling and repair of a structure are al-
lowed, provided that after completion of any
cumulative substantial improvement all applica-
ble requirements, including, but not limited to,
the requirements of § 10-37, are met.
b. For a cumulative substantial improvement of
a nonresidential structure, compliance with the
requirements of § 10-38 may be substituted for
compliance with the applicable requirements of
10-62
Supp. No. 106
a) All residential use is on a floor com-
pletely above the regulatory flood protec-
tion elevation; and
b) All applicable requirements, including,
but not limited to, the requirements of
§ 10-38, are met.
(4) Redevelopment. Redevelopment of any struc-
ture is prohibited.
(5) Manufactured homes and mobile buildings.
Manufactured homes and mobile buildings, other
than nonconforming manufactured homes and mo-
bile buildings, are prohibited.
a. Development of a manufactured home park
or a mobile building development is prohibited.
b. Expansion of a manufactured home park or a
mobile building development is prohibited.
(6) Attached garages. A new attached garage shall
be considered an addition and shall therefore be sub-
ject to the restrictions and requirements applicable to
additions.
(7) Accessory structures.
a. Construction of an accessory structure or ad-
dition to an accessory structure is prohibited.
b. Reconstruction of an accessory structure that
has been substantially damaged, or that consti-
tutes redevelopment, is prohibited.
c. Remodeling or repair of an accessory struc-
ture is allowed, provided that, after completion
of any cumulative substantial improvement, all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-37, are met.
d. For a cumulative substantial improvement of
an accessory structure, the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
e. No new basement may be constructed below
the regulatory flood protection elevation in any
accessory structure.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any cumulative substantial improve-
ment, all applicable requirements, including, but
not limited to, the requirements of § 10-38, are
met.
(8) Floodway modifications. Floodway modifica-
tion is prohibited unless all applicable requirements,
including, but not limited to, the requirements of
§ 10-45, are met.
(9) Critical facilities. Critical facilities are prohibit-
ed.
(10) Emergency planning and preparedness. New
construction, addition to or cumulative substantial
improvement, redevelopment or change of occupan-
cy of any nonresidential or mixed-use structure sub-
ject to this Section, other than an accessory structure,
shall be subject to the emergency planning and pre-
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-63
Supp. No. 103
able materials in § 10-16, whether permanent or
temporary, is prohibited, unless all applicable
requirements, including, but not limited to, the
requirements of § 10-45, are met.
b. Storage of floatable materials associated with
a nonresidential use, whether permanent or tem-
porary, is prohibited, except for that storage of
floatable materials that was occurring as of July
1, 2000, which storage shall be allowed to con-
tinue until but only until the development of a
new structure or addition or the cumulative sub-
stantial improvement of any existing structure,
at which time such storage must be discontin-
ued.
(6) Driveways and parking areas. Construction of
new driveways and parking areas is prohibited unless
all applicable requirements, including, but not lim-
ited to, the requirements of § 10-45, are met.
(7) Vegetation. Placement of new vegetation in the
floodway in a location or of a quantity or type that is
determined by the Utilities Executive Director to
likely result, upon maturity, in an increase in base
flood elevations is prohibited, unless all applicable
requirements, including, but not limited to, the re-
quirements of § 10-45, are met.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 8, 2-20-07;
Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-73. Floodway encroachments in Poudre River
floodway.
Any new development, obstruction or activity that will
result in an encroachment in or modification to the
floodway is prohibited, except to the extent all require-
ments, including without limitation the requirements of
§ 10-45, are met.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 9, 2-20-07)
Sec. 10-74. Change of use in Poudre River floodway.
No person shall change the use of any structure or prop-
erty, or any portion thereof, located in the Poudre River
floodway so as to result in a use or expansion of a use
that is inconsistent with the requirements of this Article.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 10, 2-20-07)
Sec. 10-75. Specific standards for residential devel-
opment in Poudre River flood fringe.
In addition to complying with all other applicable provi-
sions of this Article, all residential development in the
flood fringe of the Poudre River floodplain, as designated
pursuant to § 10-19, shall comply with the following
provisions unless removed from the flood fringe in ac-
cordance with § 10-80. If there is any conflict between
any of the following provisions and any other provision
of this Article, the more restrictive provision shall con-
trol.
(1) New construction. Construction of a new resi-
dential structure is prohibited.
(2) Additions. Addition to a residential structure is
prohibited.
(3) Remodeling and repairs.
10-64
Supp. No. 106
an addition and shall therefore be subject to the re-
strictions and requirements applicable to an addition
to a residential structure.
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that the accessory structure complies
with all applicable requirements, including, but
not limited to, the requirements of § 10-37.
b. Remodeling and repair of an accessory struc-
ture, including reconstruction of an accessory
structure that has been substantially damaged, is
allowed, provided that, after completion of any
cumulative substantial improvement, all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any cumulative substantial improve-
ment or redevelopment, all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
(8) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 11, 2-20-07)
Sec. 10-76. Specific standards for nonresidential de-
velopment in Poudre River flood fringe.
In addition to complying with all other applicable provi-
sions of this Article, all nonresidential development in
the flood fringe of the Poudre River floodplain, as desig-
nated pursuant to § 10-19, shall comply with the follow-
ing provisions unless removed from the flood fringe in
accordance with § 10-80. If there is any conflict between
any of the following provisions and any other provision
of this Article, the more restrictive provision shall con-
trol.
(1) New construction.
a. Construction of a new nonresidential struc-
ture is allowed, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-37, are met.
b. For a new nonresidential structure, compli-
ance with the requirements of § 10-38 may be
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-65
Supp. No. 103
d. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the remodeling or repair of a non-
residential structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
e. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the remodeling or repair of a
nonresidential structure, provided that, after
completion of any cumulative substantial im-
provement, all applicable requirements, includ-
ing, but not limited to, the requirements of § 10-
38, are met.
(4) Redevelopment.
a. Redevelopment of a nonresidential structure
is allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For redevelopment of a nonresidential struc-
ture, compliance with the requirements of § 10-
38 may be substituted for compliance with the
applicable requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the redevelopment of a nonresiden-
tial structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the redevelopment of a nonresi-
dential structure, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-38, are met.
(5) Mobile buildings. Mobile buildings, other than
nonconforming mobile buildings, are prohibited.
a. Development of a mobile building develop-
ment is prohibited.
b. Expansion of a mobile building development
is prohibited.
(6) Attached garages.
a. Addition of an attached garage to a nonresi-
dential structure is allowed, provided that all ap-
plicable requirements, including, but not limited
to, the requirements of § 10-37, are met by the
attached garage.
b. For a garage attached to a nonresidential
structure, compliance with the requirements of
§ 10-38 or the requirements of § 10-39 may be
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
10-66
Supp. No. 106
(9) Emergency planning and preparedness. New
construction, addition to or cumulative substantial
improvement, redevelopment or change of occupan-
cy of any structure subject to this Section, other than
an accessory structure, shall be subject to the emer-
gency planning and preparedness requirements of
§ 10-48.
9
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 12, 2-20-07;
Ord. No. 048, 2013, § 7, 3-26-13)
Sec. 10-77. Specific standards for mixed-use devel-
opment in Poudre River flood fringe.
In addition to complying with all other applicable provi-
sions of this Article, all mixed-use development in the
flood fringe of the Poudre River floodplain, as designated
pursuant to § 10-19, shall comply with the following
provisions unless removed from the flood fringe in ac-
cordance with § 10-80. If there is any conflict between
any of the following provisions and any other provision
of this Article, the more restrictive provision shall con-
trol.
(1) New construction. Construction of a mixed-use
structure is prohibited.
(2) Additions.
a. An addition to a mixed-use structure is pro-
hibited, except that an addition to a mixed use
structure that results in expansion of only non-
residential floors of said structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. For an addition to a mixed-use structure,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable requirement of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in an
addition to a mixed-use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(3) Remodeling and repairs.
a. Remodeling of a mixed-use structure is al-
lowed, provided that all applicable require-
9 This Paragraph shall become effective on July 1, 2013.
ments, including, but not limited to, the re-
quirements of § 10-37, are met by any cumula-
tive substantial improvement to the structure.
b. Reconstruction of a mixed-use structure that
has suffered substantial damage is allowed, pro-
vided that all applicable requirements, includ-
ing, but not limited to, the requirements of § 10-
37, are met.
c. For remodeling or repair of a mixed-use
structure, in the event that all residential use is
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-67
Supp. No. 103
c. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the redevelopment of a mixed-use
structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the redevelopment of a mixed-
use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(5) Attached garages.
a. Addition of an attached garage to a mixed-
use structure is allowed, provided that all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met by the at-
tached garage.
b. For a garage attached to a mixed-use struc-
ture, compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
(6) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. Remodeling or repair of an accessory struc-
ture, including reconstruction of an accessory
structure that has been substantially damaged, is
allowed, provided that, after completion of any
cumulative substantial improvement, all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
10-68
Supp. No. 106
(4) Fill. Placement of fill is not restricted.
(5) Outdoor storage/storage of floatable materials.
a. Outdoor storage of materials that are not de-
fined as floatable materials in § 10-16 is not re-
stricted.
b. Storage of floatable materials associated with
nonresidential use, whether permanent or tem-
porary, is prohibited, except for that storage oc-
curring as of July 1, 2000, which storage shall
be allowed to continue until but only until the
development of a new structure or addition or
the cumulative substantial improvement of any
existing structure, at which time such storage
must be discontinued.
(6) Driveways and parking areas. Construction of
driveways and parking areas is not restricted.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-79. Change of use in Poudre River flood
fringe.
No person shall change the use of any structure or prop-
erty, or any portion thereof, located in the Poudre River
flood fringe so as to result in a use or expansion of a use
that is inconsistent with the requirements of this Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-80. Removal of property from Poudre River
flood fringe.
(a) Except as otherwise provided in subsection (b) of
this section, Pproperty located in the flood fringe of the
Poudre River shall be removed from the flood fringe if
one (1)either of the following conditions is satisfied:, but
shall remain subject to the provisions of this Section:
(1) LOMR/PMR. A FEMA Letter of Map Revision
(LOMR) or Physical Map Revision (PMR) removing
the property from the flood fringe based on revised
floodplain modeling and technical analysis has been
issued and remains in effect; or
(2) LOMR-F. A FEMA Letter of Map Revision
based on Fill (LOMR-F) removing the property from
the flood fringe has been issued and remains in ef-
fect. Upon issuance by FEMA of a LOMR-F remov-
ing the property from the flood fringe, the following
requirements and restrictions shall remain applicable
unless and until the LOMR-F is invalidated or super-
seded by FEMA action:
a. Construction of any new residential or
mixed-use structure is prohibited.
b. Any addition to a residential or mixed-use
structure is prohibited, except that an addition to
a mixed-use structure that results in expansion
of only nonresidential floors of said structure is
allowed.
c. Any new structure, accessory structure, at-
tached garage or addition, substantial improve-
ment or redevelopment must meet all
requirements applicable to construction in the
Poudre River flood fringe, including, but not
limited to, the requirements of § 10-37, except
that:
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-69
Supp. No. 103
(bc) If the property removed from the flood fringe pursu-
ant to Subsection (a) of this Section remains in the five-
hundred-year floodplain after such removal, any devel-
opment on the property shall comply with all require-
ments and prohibitions of this Article pertaining to the
five-hundred-year floodplain.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 14, 2-20-07;
Ord. No. 037, 2010, 4-20-2010)
Sec. 10-81. Specific standards for Poudre River five-
hundred-year floodplain and zone X
shaded areas.
(a) Critical facilities. In any portion of the Poudre River
five-hundred-year floodplain or a zone X shaded area, as
designated pursuant to § 10-19, essential services facili-
ties, and at-risk population facilities critical facilities are
prohibited, except that, for the purpose of this Section
only, critical facilities shall not include structures or fa-
cilities that constitute critical facilities solely because
they produce, use or store hazardous, flammable, explo-
sive, toxic and/or water reactive materials, liquids, gases
and solids as such are defined in § 9-1 and § 9-2 of the
Uniform Fire Code, as adopted.
(b) Change of use. No person shall change the use of any
structure or property located in the Poudre River five-
hundred-year floodplain or a zone X shaded area so as to
result in a new use or new nonconforming structure that
is inconsistent with the requirements of this Article.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 15, 2-20-07)
Secs. 10-82—10-100. Reserved.
Division 5
FEMA Basin and City Basin Floodplains
Sec. 10-101. Designation of FEMA basin floodplains.
In accordance with § 10-19, the floodplains designated
by FEMA or the Utilities Executive Director, for the Dry
Creek basin, the Spring Creek basin, the Boxelder Creek
basin and the Cooper Slough basin, as described therein,
shall be considered as FEMA basin floodplains or City
basin floodplainsand shall be subject to the requirements
of this Division and all other applicable requirements of
this Article, including without limitation the requirements
applicable to erosion buffer zones as set forth in Division
7.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-102. Specific standards for residential devel-
opment in floodways of FEMA basin
floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all residential development in the
floodway of a FEMA basin floodplain or a City basin
floodplain shall comply with the following provisions. If
there is any conflict between any of the following provi-
sions and any other provision of this Article, the more
restrictive provision shall control.
(1) New construction. Construction of a new resi-
dential structure is prohibited.
(2) Addition. Addition to a residential structure is
prohibited, except for addition of a new attached gar-
10-70
Supp. No. 106
allowed, provided that the new manufactured
home complies with all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-41.
b. Development of a manufactured home park is
prohibited.
c. Expansion of a manufactured home park is
prohibited.
(6) Attached garages.
a. Addition of an attached garage to a residen-
tial structure is allowed, provided that all appli-
cable requirements, including, but not limited to,
the requirements of § 10-45 and the require-
ments of § 10-37, are met by the garage portion
of the structure.
b. For a garage attached to a residential struc-
ture, compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-45 and the requirements of § 10-37, are
met by the accessory structure.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, after completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. No new basement may be constructed below
the regulatory flood protection elevation in any
accessory structure.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any substantial improvement or rede-
velopment, all applicable requirements, includ-
ing, but not limited to, the requirements of § 10-
38, are met.
(8) Floodway modification. Floodway modification
is prohibited unless all applicable requirements, in-
cluding, but not limited to, the requirements of § 10-
45, are met.
(9) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 16, 2-20-07)
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-71
Supp. No. 103
(3) Remodeling and repairs.
a. Remodeling or repair of a nonresidential
structure is allowed, provided that, after comple-
tion of any substantial improvement, all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met.
b. For remodeling or repair of a nonresidential
structure, compliance with the requirements of
§ 10-38 may be substituted for compliance with
the applicable requirements of Subsection 10-
37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any remodeling or repair of a non-
residential structure.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the remodeling or repair of a
nonresidential structure, provided that, after
completion of any substantial improvement, all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-38, are met.
(4) Redevelopment.
a. Redevelopment of a nonresidential structure
is allowed, provided that all applicable require-
ments, including, but not limited to the require-
ments of § 10-37, are met.
b. For redevelopment of a nonresidential struc-
ture, compliance with the requirements of § 10-
38 may be substituted for compliance with the
applicable requirements of Subsection 10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any redevelopment of a nonresi-
dential structure.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain af-
ter the completion of the redevelopment of a
nonresidential structure, provided that all appli-
cable requirements, including, but not limited to,
the requirements of § 10-38, are met.
(5) Mobile buildings.
a. Mobile buildings, other than nonconforming
mobile buildings, are prohibited, except that:
1. A nonconforming mobile building in a
mobile building development may be re-
placed, provided that the replacement mobile
building complies with all applicable re-
quirements, including, but not limited to, the
requirements of § 10-41.
2. Installation of a mobile building on a non-
conforming previously improved lot in a
nonconforming mobile building development
is allowed, provided that the new mobile
building complies with all applicable re-
quirements, including, but not limited to, the
requirements of § 10-41.
10-72
Supp. No. 106
e. No new basement may be constructed below
the regulatory flood protection elevation in any
accessory structure.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any substantial improvement or rede-
velopment, all applicable requirements,
including, but not limited to, the requirements of
§ 10-38, are met.
(8) Floodway modification. Floodway modification
is prohibited unless all applicable requirements, in-
cluding, but not limited to, the requirements of § 10-
45, are met.
(9) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 17, 2-20-07)
Sec. 10-104. Specific standards for mixed-use devel-
opment in floodways of FEMA basin
floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all mixed-use development in the
floodway of a FEMA basin floodplain or a City basin
floodplain shall comply with the following provisions. If
there is any conflict between any of the following provi-
sions and any other provision of this Article, the more
restrictive provision shall control.
(1) New construction. Construction of a new mixed-
use structure is prohibited.
(2) Addition.
a. Addition to a mixed-use structure for residen-
tial use is prohibited.
b. Addition to the nonresidential use portions of
a mixed-use structure is allowed, provided that
all applicable requirements, including, but not
limited to, the requirements of § 10-45 and the
requirements of § 10-37, are met.
c. For an addition to a mixed-use structure,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable requirements of Subsection 10-37(b).
d. No new basement may be constructed below
the regulatory flood protection elevation in an
addition to a mixed-use structure.
(3) Remodeling and repairs.
a. Remodeling or repair of a mixed-use struc-
ture is allowed, provided that, after completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
b. For remodeling or repair of a mixed-use
structure, in the event that all residential use is
on a floor completely above the regulatory flood
protection elevation, compliance with the re-
quirements of § 10-38 may be substituted for
compliance with the applicable requirements of
Subsection 10-37(b).
c. No new basement may be constructed below
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-73
Supp. No. 103
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(5) Attached garages.
a. Addition of a new attached garage to a
mixed-use structure is allowed, provided that all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-45 and the re-
quirements of § 10-37, are met by the attached
garage.
b. For a garage attached to a mixed-use struc-
ture, compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
(6) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-45 and the requirements of § 10-37, are
met by the accessory structure.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, after completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. No new basement may be constructed below
the regulatory flood protection elevation in any
accessory structure.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any substantial improvement or rede-
velopment, all applicable requirements,
including, but not limited to, the requirements of
§ 10-38, are met.
(7) Floodway modification. Floodway modification
is prohibited unless all applicable requirements, in-
cluding, but not limited to, the requirements of § 10-
45, are met.
(8) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 18, 2-20-07)
Sec. 10-105. Specific standards for nonstructural de-
velopment in floodways of FEMA basin
floodplains.
In addition to complying with all other applicable provi-
10-74
Supp. No. 106
determined by the Utilities Executive Director to
likely result upon maturity in an increase in base
flood elevations is prohibited, unless all applicable
requirements, including, but not limited to, the re-
quirements of § 10-45, are met.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-106. Floodway encroachments in floodways
of FEMA basin floodplains.
Any new development, obstruction or activity that will
result in an encroachment in or modification to the
floodway is prohibited, except to the extent all applicable
requirements, including, but not limited to, the require-
ments of § 10-45, are met.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-107. Change of use in floodways of FEMA
basin floodplains.
No person shall change the use of any structure or prop-
erty, or any portion thereof, located in the floodway of a
FEMA basin floodplain or a City basin floodplain so as
to result in a use or expansion of a use that is inconsistent
with the requirements of this Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-108. Specific standards for residential devel-
opment in flood fringe of FEMA basin
floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all residential development in the
flood fringe of a FEMA basin floodplain or a City basin
floodplain shall comply with the following provisions
unless removed from the flood fringe by approval of a
LOMR in accordance with § 10-113. If there is any con-
flict between any of the following provisions and any
other provision of this Article, the more restrictive provi-
sion shall control.
(1) New construction.
a. Construction of a new residential structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation in any
new residential structure.
(2) Additions.
a. An addition to a residential structure is al-
lowed, provided that all applicable require-
ments, including, but not limited to, the
requirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation in any
addition to a residential structure.
(3) Remodeling and repairs.
a. Remodeling or repair of a residential struc-
ture is allowed, provided that any substantial
improvement shall meet all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37.
b. No new basement may be constructed below
the regulatory flood protection elevation in con-
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-75
Supp. No. 103
c. Expansion of a manufactured home park is
prohibited.
(6) Attached garages.
a. Addition of an attached garage to a residen-
tial structure is allowed, provided that all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met by the at-
tached garage.
b. For a garage attached to a residential struc-
ture, compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, after completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any substantial improvement or rede-
velopment, all applicable requirements,
including, but not limited to, the requirements of
§ 10-38, are met.
(8) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-109. Specific standards for nonresidential
development in flood fringe of FEMA
basin floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all nonresidential development in
the flood fringe of a FEMA basin floodplain or a City
basin floodplain shall comply with the following provi-
sions unless removed from the flood fringe by approval
of a LOMR in accordance with § 10-113. If there is any
10-76
Supp. No. 106
b. For remodeling or repair of a nonresidential
structure, compliance with the requirements of
§ 10-38 may be substituted for compliance with
the applicable requirements of Subsection 10-
37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the remodeling or repair of a non-
residential structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
a nonresidential structure, provided that, upon
completion of any substantial improvement, all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-38, are met.
(4) Redevelopment.
a. Redevelopment of a nonresidential structure
is allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For a redevelopment of a nonresidential
structure, compliance with the requirements of
§ 10-38 may be substituted for compliance with
the applicable requirements of Subsection 10-
37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the redevelopment of a nonresiden-
tial structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the redevelopment of a nonresi-
dential structure, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-38, are met.
(5) Mobile buildings.
a. Mobile buildings, other than nonconforming
mobile buildings, are prohibited, except that:
1. A nonconforming mobile building may be
replaced, provided that the replacement mo-
bile building complies with all applicable re-
quirements, including, but not limited to, the
requirements of § 10-41.
2. Installation of a mobile building on a non-
conforming previously improved lot in a
nonconforming mobile building development
is allowed, provided that the new mobile
building complies with all applicable re-
quirements, including, but not limited to, the
requirements of § 10-41.
b. Development of a mobile building develop-
ment is prohibited.
c. Expansion of a mobile building development
is prohibited.
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-77
Supp. No. 103
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any substantial improvement or rede-
velopment, all applicable requirements,
including, but not limited to, the requirements of
§ 10-38, are met.
(8) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-110. Specific standards for mixed-use devel-
opment in flood fringe of FEMA basin
floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all mixed-use development in the
flood fringe of a FEMA basin floodplain or a City basin
floodplain shall comply with the following provisions
unless removed from the flood fringe by approval of a
LOMR in accordance with § 10-113. If there is any con-
flict between any of the following provisions and any
other provision of this Article, the more restrictive provi-
sion shall control.
(1) New construction.
a. Construction of a new mixed-use structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For a new mixed-use structure, in the event
that all residential use is on a floor completely
above the regulatory flood protection elevation,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in a
new mixed-use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(2) Additions.
a. Addition to a mixed-use structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. For an addition to a mixed-use structure, in
the event that all residential use is on a floor
completely above the regulatory flood protec-
tion elevation, compliance with the requirements
of § 10-38 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in an
addition to a mixed-use structure, provided that:
10-78
Supp. No. 106
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(4) Redevelopment.
a. Redevelopment of a mixed-use structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For a redevelopment of a mixed-use struc-
ture, in the event that all residential use is on a
floor completely above the regulatory flood pro-
tection elevation, compliance with the require-
ments of § 10-38 may be substituted for
compliance with the applicable requirements of
Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the redevelopment of a mixed-use
structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the redevelopment of a mixed-
use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(5) Attached garages.
a. Addition of an attached garage to a mixed-
use structure is allowed, provided that all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met by the at-
tached garage.
b. For a garage attached to a mixed-use struc-
ture, compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
(6) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, after completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-79
Supp. No. 103
(3) Hard surface paths, trails and walkways. Hard
surface paths, trails and walkways are not restricted.
(4) Fill. Placement of fill is not restricted.
(5) Outdoor storage. Outdoor storage, whether tem-
porary or permanent, is not restricted.
(6) Driveways and parking areas. Construction of
driveways and parking areas is not restricted.
(7) Vegetation. Placement of vegetation is not re-
stricted.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 19, 2-20-07)
Sec. 10-112. Change of use in flood fringe of FEMA
basin floodplains.
No person shall change the use of any structure or prop-
erty, or any portion thereof, located in the flood fringe of
a FEMA basin floodplain so as to result in a use or ex-
pansion of a use that is inconsistent with the requirements
of this Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-113. Removal of property from flood fringe
of FEMA basin floodplains.
(a) Except as otherwise provided in subsection (b) of
this section, Pproperty located within that portion the
flood fringe of a FEMA basin floodplain that has been
designated by FEMA pursuant to Subsection 10-19(a)
(FEMA designations) may shall be removed from the
flood fringe if one (1)either of the following conditions is
satisfied:
(1) LOMR/PMR. FEMA has issued a Letter of Map
Revision (LOMR) or Physical Map Revision (PMR)
removing the property from the flood fringe based on
revised floodplain modeling and technical analysis;
or
(2) LOMR-Fill. FEMA has issued a Letter of Map
Revision based on Fill (LOMR-F) removing the
property from the flood fringe. If FEMA has issued a
LOMR-F removing the property from the flood
fringe, the following requirements and restrictions
shall remain applicable:
a. Any new structure, accessory structure, at-
tached garage, or addition, substantial improve-
ment or redevelopment must meet all applicable
requirements, including, but not limited to, the
requirements of § 10-37, except that:
1. For nonresidential structures and mixed-
use structures with all residential use on a
floor completely above the regulatory flood
protection elevation, compliance with the re-
quirements of § 10-38 may be substituted for
compliance with the applicable requirements
of Subsection 10-37(b).
b. Critical facilities and expansions of critical
facilities are prohibited.
c. Manufactured homes and mobile buildings
other than a nonconforming manufactured home
or mobile building are prohibited, except that:
1. A manufactured home or mobile building
may be replaced, provided that the replace-
10-80
Supp. No. 106
standards established or approved by the Utilities Execu-
tive Director demonstrating that the property is no longer
located in the flood fringe. Such modeling and analysis
shall be required as the basis for a map revision regard-
less of fill or other physical changes to a property.
Sec. 10-114. Waiver of requirements for City desig-
nations within FEMA basin floodplains.
The Utilities Executive Director may waive any or all of
the requirements of this Article that apply to the issuance
of a floodplain permit for a proposed development solely
because of the Utilities Executive Director's applicable
flood hazard designation pursuant to Subsection 10-
19(b), and not because of FEMA's applicable flood haz-
ard designation pursuant to Subsection 10-19(a). The
Utilities Executive Director may waive such require-
ments and issue a floodplain permit in such event if he or
she is satisfied that there is a sufficient degree of certain-
ty that the property will be removed from the floodway
or flood fringe as a result of a City-funded capital project
to allow a floodplain permit to issue for the proposed
development hereunder, considering:
(1) The nature of the proposed development and re-
lated flood risks; and
(2) The level of certainty that the capital project will
proceed to completion, which shall at a minimum in-
clude the prior issuance of a notice to proceed for the
capital project, and the expectation that the capital
project is progressing and will continue to comple-
tion; and
(3) A technical analysis consistent with the City's
technical standards for such analysis that has been
completed by a registered professional engineer and
that documents and proves to the satisfaction of the
Utilities Executive Director that the property will be
completely removed from the floodway or flood
fringe, as applicable, after completion of the capital
project.
New structures that are constructed pursuant to a waiver
under this Section and upon completion of the relevant
capital project are determined to not have been removed
from the floodway or flood fringe as anticipated at the
time of said waiver will be deemed to be nonconforming
structures in the floodway or flood fringe, as applicable,
and all future activities and development shall be subject
to the requirements of this Article as the same would ap-
ply to any nonconforming structure.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Secs. 10-115—10-130. Reserved.
Division 6
City Basin Floodplains
Sec. 10-131. Designation of City basin floodplains.
In accordance with § 10-19, the floodplains designated
by the Utilities Executive Director for the Old Town ba-
sin, the West Vine basin, the Canal Importation basin, the
Fossil Creek basin, the Mail Creek basin, the McClel-
lands Creek basin and the Foothills basin, as described
therein, shall be considered City basin floodplains and
shall be subject to the requirements of this Division and
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-81
Supp. No. 103
b. No new basement may be constructed below
the regulatory flood protection elevation in any
redevelopment of a residential structure.
c. No basement below the regulatory flood pro-
tection elevation may remain upon any redevel-
opment of a residential structure.
(5) Manufactured homes.
a. Manufactured homes, other than noncon-
forming manufactured homes, are prohibited,
except that:
1. A nonconforming manufactured home in a
manufactured home park may be replaced,
provided that the replacement manufactured
home complies with all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-41.
2. Installation of a manufactured home on a
nonconforming previously improved lot in a
nonconforming manufactured home park is
allowed, provided that the new manufactured
home complies with all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-41.
b. Development of a manufactured home park is
prohibited.
c. Expansion of a manufactured home park is
prohibited.
(6) Attached garages.
a. Addition of an attached garage to a residen-
tial structure is allowed, provided that all appli-
cable requirements, including, but not limited to,
the requirements of § 10-45 and the require-
ments of § 10-37, are met by the attached gar-
age.
b. For a garage attached to a residential struc-
ture, compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-45 and the requirements of § 10-37, are
met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, for any substan-
tial improvement, all applicable requirements,
including, but not limited to, the requirements of
§ 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that, upon completion of any
substantial improvement, all applicable re-
quirements, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
10-82
Supp. No. 106
b. For a new nonresidential structure, compli-
ance with the requirements of § 10-38 may be
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in a
new nonresidential structure.
(2) Addition.
a. Addition to a nonresidential structure is al-
lowed, provided that all applicable require-
ments, including, but not limited to, the
requirements of § 10-45 and the requirements of
§ 10-37, are met.
b. For an addition to a nonresidential structure,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable requirements of Subsection 10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in an
addition to a nonresidential structure.
(3) Remodeling and repairs.
a. Remodeling or repair of a nonresidential
structure is allowed, provided that, upon com-
pletion of any substantial improvement, all ap-
plicable requirements, including, but not limited
to, the requirements of § 10-37, are met.
b. For remodeling or repair of a nonresidential
structure, compliance with the requirements of
§ 10-38 may be substituted for compliance with
the applicable requirements of Subsection 10-
37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any remodeling or repair of a non-
residential structure.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain
upon the remodeling or repair of a nonresiden-
tial structure, provided that, upon completion of
any substantial improvement, all applicable re-
quirements, including, but not limited to, the re-
quirements of § 10-38, are met.
(4) Redevelopment.
a. Redevelopment of a nonresidential structure
is allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For redevelopment of a nonresidential struc-
ture, compliance with the requirements of § 10-
38 may be substituted for compliance with the
applicable requirements of Subsection 10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any redevelopment of a nonresi-
dential structure.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain
upon the redevelopment of a nonresidential
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-133
10-83
Supp. No. 103
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-45 and the requirements of § 10-37, are
met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, upon completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. No new basement may be constructed below
the regulatory flood protection elevation in any
accessory structure.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, upon
completion of any substantial improvement or
redevelopment, all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-38, are met.
(8) Floodway modification. Floodway modification
is prohibited unless all applicable requirements, in-
cluding, but not limited to, the requirements of § 10-
45, are met.
(9) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 22, 2-20-07)
221 of 244
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-134
10-40
Supp. No. 103
Sec. 10-134. Specific standards for mixed-use devel-
opment in floodways of City basin flood-
plains.
In addition to complying with all other applicable provi-
sions of this Article, all mixed-use development in the
floodway of a City basin floodplain shall comply with the
following provisions. If there is any conflict between any
of the following provisions and any other provision of
this Article, the more restrictive provision shall control.
(1) New construction. Construction of a new mixed-
use structure is prohibited.
(2) Addition.
a. Addition to a mixed-use structure for residen-
tial use is prohibited.
b. Addition to the nonresidential use portions of
a mixed-use structure is allowed, provided that
all applicable requirements, including, but not
limited to, the requirements of § 10-45 and the
requirements of § 10-37, are met by the addi-
tion.
c. For an addition to the nonresidential use por-
tions of a mixed-use structure, compliance with
the requirements of § 10-38 may be substituted
for compliance with the applicable requirements
of Subsection 10-37(b).
d. No new basement may be constructed below
the regulatory flood protection elevation in an
addition to a mixed-use structure.
(3) Remodeling and repairs.
a. Remodeling or repair of a mixed-use struc-
ture is allowed, provided that, upon completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
b. For remodeling or repair of a mixed-use
structure, in the event that all residential use is
on a floor completely above the regulatory flood
protection elevation, compliance with the re-
quirements of § 10-38 may be substituted for
compliance with the applicable requirements of
Subsection 10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in any
remodeling or repair of a mixed-use structure.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the remodeling or repair of a
mixed-use structure, provided that, upon com-
pletion of any substantial improvement:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(4) Redevelopment.
a. Redevelopment of a mixed-use structure is
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-134
10-41
Supp. No. 103
(6) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-45 and the requirements of § 10-37, are
met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, upon completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. No new basement may be constructed below
the regulatory flood protection elevation in any
accessory structure.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, upon
completion of any substantial improvement or
redevelopment, all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-38, are met.
(7) Floodway modification. Floodway modification
is prohibited unless all applicable requirements, in-
cluding, but not limited to, the requirements of § 10-
45, are met.
(8) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 23, 2-20-07)
Sec. 10-135. Specific standards for nonstructural de-
velopment in floodways of City basin
floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all nonstructural development in the
floodway of a City basin floodplain shall comply with the
following provisions. If there is any conflict between any
of the following provisions and any other provision of
this Article, the more restrictive provision shall control.
(1) Fencing. Construction of new fencing is prohib-
ited, unless the fencing is designed to break away,
and is cabled together so as to not float downstream.
As an alternative to a break away design, a new
fence may be designed to allow the passage of water
by having a flap or opening in the areas at or below
the base flood elevation sufficient to allow floodwa-
ter to pass freely.
(2) Detention ponds. Construction of new detention
ponds is prohibited, unless all applicable require-
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-137
10-42
Supp. No. 103
Sec. 10-137. Change of use in floodways of City basin
floodplains.
No person shall change the use of any structure or prop-
erty, or any portion thereof, located in the floodway of a
City basin floodplain so as to result in a use or expansion
of a use that is inconsistent with the requirements of this
Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-138. Specific standards for residential devel-
opment in flood fringe of City basin
floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all residential development in the
flood fringe of a City basin floodplain shall comply with
the following provisions unless removed from the flood
fringe in accordance with § 10-143. If there is any con-
flict between any of the following provisions and any
other provision of this Article, the more restrictive provi-
sion shall control.
(1) New construction.
a. Construction of a new residential structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation in any
new residential structure.
(2) Additions.
a. An addition to a residential structure is al-
lowed, provided that all applicable require-
ments, including, but not limited to, the
requirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation in any
addition to a residential structure.
(3) Remodeling and repairs.
a. Remodeling or repair of a residential struc-
ture is allowed, provided that, upon completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
b. For remodeling or repair of a residential
structure, any improvements on a floor that is
entirely above the base flood elevation, includ-
ing any vertical addition, may be excluded from
the calculation of the cost of improvements for
the purpose of determining whether the im-
provements constitute a substantial improve-
ment.
c. For remodeling or repair of a residential
structure, if a vertical addition is being added to
a structure and a substantial improvement is not
being made, then the foundation of the existing
structure, as existing or as modified by proposed
improvements, assuming the completion of the
vertical addition, must be certified by a regis-
tered professional engineer to be sufficient to
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-138
10-43
Supp. No. 103
home complies with all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-41.
b. Development of a manufactured home park is
prohibited.
c. Expansion of a manufactured home park is
prohibited.
(6) Attached garages.
a. Addition of an attached garage to a residen-
tial structure is allowed, provided that all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met by the at-
tached garage.
b. For a garage attached to a residential struc-
ture, compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, upon completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, upon
completion of any substantial improvement or
redevelopment, all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-38, are met.
(8) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-139. Specific standards for nonresidential
development in flood fringe of City basin
floodplains.
In addition to complying with all other applicable provi-
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-139
10-44
Supp. No. 103
(3) Remodeling and repair.
a. Remodeling or repair of a nonresidential
structure is allowed, provided that, upon com-
pletion of any substantial improvement, all ap-
plicable requirements, including, but not limited
to, the requirements of § 10-37, are met.
b. For remodeling or repair of a nonresidential
structure, compliance with the requirements of
§ 10-38 may be substituted for compliance with
the applicable requirements of Subsection 10-
37(b).
c. For remodeling or repair of a nonresidential
structure, any improvements on a floor that is
entirely above the base flood elevation, includ-
ing any vertical addition, may be excluded from
the calculation of the cost of improvements for
the purpose of determining whether the im-
provements constitute a substantial improve-
ment.
d. For remodeling or repair of a nonresidential
structure, if a vertical addition is being added to
a structure and a substantial improvement is not
being made, then the foundation of the existing
structure, as existing or as modified by proposed
improvements, assuming the completion of the
vertical addition, must be certified by a regis-
tered professional engineer to be sufficient to
withstand the hydrostatic and hydrodynamic
loads against the structure expected to occur in a
one-hundred-year flood event.
e. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the remodeling or repair of a non-
residential structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the remodeling or repair of a
nonresidential structure, provided that, upon
completion of any substantial improvement, all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-38, are met.
(4) Redevelopment.
a. Redevelopment of a nonresidential structure
is allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For redevelopment of a nonresidential struc-
ture, compliance with the requirements of § 10-
38 may be substituted for compliance with the
applicable requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the redevelopment of a nonresiden-
tial structure, provided that all applicable
requirements, including, but not limited to, the
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-139
10-45
Supp. No. 103
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, upon completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, upon
completion of any substantial improvement or
redevelopment, all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-38, are met.
(8) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-140. Specific standards for mixed-use devel-
opment in flood fringe of City basin
floodplain.
In addition to complying with all other applicable provi-
sions of this Article, all mixed-use development in the
flood fringe of a City basin floodplain shall comply with
the following provisions unless removed from the flood
fringe in accordance with § 10-143. If there is any con-
flict between any of the following provisions and any
other provision of this Article, the more restrictive provi-
sion shall control.
(1) New construction.
a. Construction of a new mixed-use structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For a new mixed-use structure, in the event
that all residential use is on a floor completely
above the regulatory flood protection elevation,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable elevation requirement of Subsection 10-
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-140
10-46
Supp. No. 103
b. For remodeling or repair of a mixed-use
structure, in the event that all residential use is
on a floor completely above the regulatory flood
protection elevation, compliance with the re-
quirements of § 10-38 may be substituted for
compliance with the applicable requirements of
Subsection 10-37(b).
c. For remodeling or repair of a mixed-use
structure, any improvements on a floor that is
entirely above the base flood elevation, includ-
ing any vertical addition, may be excluded from
the calculation of the cost of improvements for
the purpose of determining whether the im-
provements constitute a substantial improve-
ment.
d. For remodeling or repair of a mixed-use
structure, if a vertical addition is being added to
a structure and a substantial improvement is not
being made, then the foundation of the existing
structure, as existing or as modified by proposed
improvements, assuming the completion of the
vertical addition, must be certified by a regis-
tered professional engineer to be sufficient to
withstand the hydrostatic and hydrodynamic
loads against the structure expected to occur in a
one-hundred-year flood.
e. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the remodeling or repair of a
mixed-use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the remodeling or repair of a
mixed-use structure, provided that, upon com-
pletion of any substantial improvement:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(4) Redevelopment.
a. Redevelopment of a mixed-use structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For redevelopment of a mixed-use structure,
in the event that all residential use is on a floor
completely above the regulatory flood protec-
tion elevation, compliance with the requirements
of § 10-38 may be substituted for compliance
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-140
10-47
Supp. No. 103
(6) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, upon completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, upon
completion of any substantial improvement or
redevelopment, all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-38, are met.
(7) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-141. Specific standards for nonstructural de-
velopment in flood fringe of City basin
floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all nonstructural development in the
flood fringe of a City basin floodplain shall comply with
the following provisions unless removed from the flood
fringe in accordance with § 10-143. If there is any con-
flict between any of the following provisions and any
other provision of this Article, the more restrictive provi-
sion shall control.
(1) Fencing. Fencing is not restricted.
(2) Detention ponds. Detention ponds are not re-
stricted.
(3) Hard surface paths, trails and walkways. Hard
surface paths, trails and walkways are not restricted.
(4) Fill. Placement of fill is not restricted.
(5) Outdoor storage. Outdoor storage, whether tem-
porary or permanent, is not restricted.
(6) Driveways and parking areas. Construction of
driveways and parking areas is not restricted.
(7) Vegetation. Placement of vegetation is not re-
Flood Prevention and Protection — Flood Hazard Areas Div. 6 City Basin Floodplains — § 10-144
10-48
Supp. No. 103
(1) The nature of the proposed development and re-
lated flood risks; and
(2) The level of certainty that the capital project will
proceed to completion, which shall at a minimum in-
clude the prior issuance of a notice to proceed for the
capital project, and the expectation that the capital
project is progressing and will continue to comple-
tion; and
(3) A technical analysis consistent with the City's
technical standards for such analysis that has been
completed by a registered professional engineer and
that documents and proves to the satisfaction of the
Utilities Executive Director that the property will be
completely removed from the floodway or flood
fringe, as applicable, after completion of the capital
project.
New structures that are constructed pursuant to a waiver
under this Section and upon completion of the relevant
capital project are determined to not have been removed
from the floodway or flood fringe as anticipated at the
time of said waiver will be deemed to be nonconforming
structures in the floodway or flood fringe, as applicable,
and all future activities and development shall be subject
to the requirements of this Article as the same would ap-
ply to any nonconforming structure.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Secs. 10-145131—10-200. Reserved.
Division 7
Erosion Buffer Zones
Sec. 10-201. Designation of erosion buffer zones.
In accordance with § 10-19, the erosion buffer zones des-
ignated by the Utilities Executive Director for the Fossil
Creek basin, Boxelder Creek basin, the Mail Creek basin
and McClellands Creek basin, as described therein, shall
be considered erosion buffer zones and shall be subject to
the requirements of this Division, and all other require-
ments of this Article applicable to erosion buffer zones.
Property within an erosion buffer zone that has also been
determined to be a floodway or flood fringe and desig-
nated as such in accordance with § 10-19, shall be subject
to the requirements and restrictions of this Article appli-
cable to said property by virtue of said separate designa-
tion in addition to the requirements and restrictions set
forth in this Division.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 24, 2-20-07;
Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-202. Specific standards for erosion buffer
zones.
In addition to complying with all other applicable provi-
sions of this Article, all development in an erosion buffer
zone shall comply with the following applicable provi-
sions. If there is any conflict between any of the follow-
ing provisions and any other provision of this Article, the
more restrictive provision shall control.
(1) Development of structures.
a. New construction. Construction of any new
structure in an erosion buffer zone, including
Flood Prevention and Protection — Flood Hazard Areas Div. 7 Erosion Buffer Zones — § 10-202
10-49
Supp. No. 103
or to provide passage under bridges. If this ex-
ception is applicable, the issuance of a flood-
plain use permit shall be subject to the following
requirements:
1. The design and construction of any such
development shall be planned and carried out
so as to minimize to the extent reasonably
possible any disturbance to the channel bed
and banks; and
2. A stability study to determine possible
impacts upon erosion buffer characteristics
may be required by the Utilities Executive
Director and, in such event, the Utilities Ex-
ecutive Director may impose standards for
design and construction of the proposed de-
velopment in order to minimize erosion buff-
er impacts as a condition of a floodplain use
permit.
d. Fill. Placement of fill in an erosion buffer
zone is prohibited.
e. Outdoor storage. Outdoor storage associated
with nonresidential uses in an erosion buffer
zone, whether temporary or permanent, is pro-
hibited.
f. Driveways and parking areas. New drive-
ways and parking areas are prohibited in an ero-
sion buffer zone.
g. Vegetation. New irrigated vegetation and
nonnative trees grasses or shrubs are prohibited
in an erosion buffer zone. New native grasses,
shrubs and trees are generally allowed, provided
that such vegetation is not in a location or of a
quantity or type that is determined by the Utili-
ties Executive Director to likely result, upon ma-
turity, in a decrease in channel stability.
h. Utilities. New utilities are prohibited in ero-
sion buffer zones, except as necessary to cross
streams or other waterways. If this exception is
applicable, the issuance of a floodplain use per-
mit shall be subject to the following require-
ments:
1. The design and construction of any such
development shall be planned and carried out
so as to minimize to the extent reasonably
possible any disturbance to the channel bed
and banks; and
2. A stability study to determine possible
impacts upon erosion buffer characteristics
may be required by the Utilities Executive
Director and, in such event, the Utilities Ex-
ecutive Director may impose standards for
design and construction of the proposed utili-
ty development in order to minimize erosion
buffer impacts as a condition of a floodplain
use permit.
i. Road, bicycle and pedestrian bridges. New
road, bicycle and pedestrian bridges in an ero-
Flood Prevention and Protection — Flood Hazard Areas Div. 7 Erosion Buffer Zones — § 10-203
10-50
Supp. No. 103
Sec. 10-203. Erosion buffer zone waivers.
(a) Any person or organization may apply for a waiver
of the erosion buffer zone requirements of this Division
by filing a verified application with the Utilities Execu-
tive Director on a form supplied by the Utilities Execu-
tive Director. Persons desiring to request a waiver
pursuant to this Section shall submit a waiver application
together with a floodplain use permit application and
shall at the time of said application pay the floodplain use
permit fee of twenty-five dollars ($25.) and any addition-
al floodplain analysis fee determined by the Utilities Ex-
ecutive Director to apply, consistent with Subsection 10-
27(j). The Utilities Executive Director may require the
submission of such additional information as he or she
may determine to be reasonably necessary to take action
on a waiver application, and no application shall be con-
sidered complete until all required information has been
submitted.
(b) The Utilities Executive Director shall approve, con-
ditionally approve or deny an application on the grounds
set forth in this Subsection, and the Utilities Executive
Director's action and the basis for that action shall be
stated in a written notice to the applicant, no later than
thirty (30) business days after receipt of a fully complet-
ed application. The Utilities Executive Director may de-
ny any application or impose any reasonable permit
conditions or requirements upon the approval of the same
in order to protect public safety or prevent property dam-
age, or based on the Utilities Executive Director's deter-
mination of the impacts of the proposed development or
activity on bed and bank stability, flood hazard impacts
that may result, the engineering or other feasibility issues
posed in the specific circumstances presented, and the
economic hardships that may result from the imposition
of the requirements for which a waiver is requested.
(c) A decision by the Utilities Executive Director pursu-
ant to this Section may be appealed to the Water Board
within thirty (30) days of issuance by the Utilities Execu-
tive Director. In the event of such appeal, the appeal shall
be submitted as an application for a variance, to be con-
sidered by the Water Board using the process for and in
accordance with the requirements and criteria for vari-
ances provided in §§ 10-28 and 10-29. The Water Board
may consider, but shall not be bound by, the findings or
determinations of the Utilities Executive Director, or the
record for said Utilities Executive Director's decision, in
a subsequent variance process.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Secs. 10-204—10-300. Reserved.
ARTICLE III.
IRRIGATION DITCHES
Sec. 10-301. Definition.
The following term, when used in this Article, shall have
the meaning indicated.
Main lateral shall mean any lateral running on a line out-
side the outer line of any block and parallel with the outer
line of such block.
Flood Prevention and Protection — Flood Hazard Areas Div. 7 Erosion Buffer Zones — § 10-202
10-51
Supp. No. 103
private ditch within the City, the carcasses of dead ani-
mals or any other impure thing or substance calculated to
pollute the water flowing therein.
(Code 1972, § 65-5)
Sec. 10-306. Main lateral to be constructed.
Any person desiring to use water for irrigation, domestic
or other purposes shall construct by the consent or under
the supervision of the proper authorities of the City a
main lateral from the canal or source of supply of good
and sufficient capacity to conduct the water from the
source of supply to the place, lot or lots where they may
desire to use it so that the water running through it shall
not flood the streets or alleys of the City or cause damage
to the property of any person. The parties constructing
laterals shall be required to do the construction at their
own expense and build the first bridge and crosswalks
over it subject to the approval of the City Council.
(Code 1972, § 65-6)
Sec. 10-307. Repairs of laterals by City; costs recov-
ered.
The City shall have the power and it shall be the duty of
the Utilities Executive Director in case any person shall
fail or neglect to keep in repair any lateral through which
they receive water for any of the uses herein described to
repair it at the expense of the City, and the City shall
have a private action for collection of such costs.
(Code 1972, § 65-7; Ord. No. 130, 2002, § 19, 9-17-02; Ord. No.
080, 2011, § 1, 9-6-11)
Sec. 10-308. Ditches across streets.
Any person owning or constructing any ditch in, upon or
across any public street, avenue, alley or other highway
within the City shall keep such street, avenue, alley or
highway open and safe for convenient travel by tiling the
ditch entirely across such street, avenue, alley or high-
way. The tiling shall be covered with not less than six (6)
inches of earth. The tiling shall be laid and covered with-
in five (5) days after the excavation for such ditch is
made.
(Code 1972, § 65-8)
Cross-reference—Streets, § 24-91 et seq.
Sec. 10-309. Deposits on banks unlawful.
It shall be unlawful for the owners of any ditch within the
City to deposit upon the banks or elsewhere within the
City any muck, vegetable or animal matter or any sub-
stance partly composed of vegetable or animal matter
which may have been taken from the ditch.
(Code 1972, § 65-9)
Sec. 10-310. Water flowing on streets unlawful.
It shall be unlawful for any person to permit water to
flow from the premises which they occupy upon that part
of any street, avenue or alley within the City set apart for
vehicle travel.
(Code 1972, § 65-10)
Sec. 10-311. Permitting irrigation water on streets
unlawful.
(a) It shall be unlawful for any person while irrigating
either by means of a ditch or a hose to permit the water
9/18/2013
1
1
Colorado Water Conservation Board
Floodplain Regulations Update
Ken Sampley
Stormwater and Floodplain
Program Manager
Marsha Hilmes-Robinson
Floodplain Administrator
Brian Varrella
Floodplain Administrator
2
Why are we updating
floodplain regulations?
• The Colorado Water Conservation Board (CWCB)
adopted minimum state-wide floodplain regulations
in January 2011.
• All communities must adopt
these new standards by
January 2014.
• The City of Fort Collins
already has adopted
many of these standards.
Old Town Flood 1992
ATTACHMENT 10
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3
Fort Collins 2013
East Vine Drive, September 13, 2013
4
Public Outreach
The City provided input and participated in outreach
sponsored by the CWCB.
• City Outreach in 2010
– DDA - March 7
– Chamber of Commerce - March 16
– Water Board - March 25
– Council’s Legislative Review Committee –
April 13
• Mayor Hutchinson provided written comments and
letter of support – the City strongly supported
CWCB’s efforts
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Affected Areas
• All regulated
floodplains
• Most impact to City
basin floodplains
– Old Town
– Canal Importation
– West Vine
– Fossil Creek
– Mail Creek
– McClellands Creek
6
Required Changes
• Additional critical facilities to be regulated
• Higher freeboard for additions and substantial
improvements (now 1 foot)
• Additional items to be included in substantial
improvement cost determinations for City Basin
Floodplains
– No special consideration for pop-tops
– All improvement value counts
• Hardship provisions for variance requests
• Elimination of waivers for properties in areas where
capital projects are under construction and reduce
the floodplain in City basin floodplains
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7
Additional Proposed Changes
Current regulations were reviewed for recommended
policy or procedural changes, including:
• Definition of abandoned
• Escrow procedures
• Mapping criteria
• LOMR - Fill criteria for
properties annexed into
the City
April 1999 flooding on the Poudre River
8
Types of Critical Facilities
• Essential Services
• Hazardous Material Facilities
• At-risk Population Facilities
• Government Services
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9
New Critical Facilities
Essential Services
• Designated emergency shelters
• Communications – main hubs for telephone,
cable, satellite dish systems, cellular systems, TV,
radio, emergency warning systems
• Air transportation lifelines – airports (municipal
and larger), helicopter pads and structures
serving emergency functions, and associated
infrastructure (aviation control towers, air traffic
control centers, and emergency equipment
aircraft hangars)
10
New Critical Facilities
Government Services
• Essential government operations – public records,
libraries, courts, jails, building permitting and
inspections services, community administration
and management
• Essential structures for public colleges and
universities (dormitories, offices and
classrooms only)
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11
Critical Facility Regulation
100-year floodplain
Essential services
Hazardous materials
At-risk population facilities
Government services
500-year floodplain
Essential services
At-risk population facilities
Continue to prohibit Critical Facilities
12
Higher Freeboard
For Additions and Substantial Improvements
• New structures already have higher freeboard
– Poudre River = 2 feet
– FEMA and City floodplains = 18 inches
• Greater protection of new additions and
substantially improved
structures in FEMA
and City Floodplains
– Increase from
6 inches to 1 foot 100-year
flood level
Existing
House
Addition
elevated 1 foot fill
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13
Hardship
• The City currently does not require evidence
of hardship when seeking a variance in a City
basin floodplain.
• The new State standards require evidence of
hardship for any variances to the State rules.
14
Remodeling Criteria
Remodeling criteria in City basin floodplains will
need to meet the minimum FEMA standards.
• Pop-top additions no longer will be treated
differently than any other remodel.
• All improvements, including those on floors above
the flood elevation, will be counted toward
substantial improvement.
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15
Waivers No Longer Allowed
• Waivers for properties expected to be removed
from a City basin floodplain by construction of a
Capital Improvement Project no longer will be
allowed.
• The property will be required to conform to the
floodplain regulations of Chapter 10 until the
Capital Project is complete and mapping has
been updated to formally remove the property
from the floodplain.
16
New Section Heading for Division 5
• Because the City basin floodplains now will be
administered almost identically to the FEMA basin
floodplains, Division 6 has been removed.
• Division 5 will be renamed to “FEMA BASIN and
CITY BASIN FLOODPLAINS”.
• Necessary code sections from
Division 6 not already included
in Division 5, have been
incorporated into Division 5.
1997 Spring Creek Flood
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17
Additional Policy Recommendations
1. Add a definition for abandon
to facilitate implementation
of nonconforming structures
standards.
2. Provide Utilities Executive Director the ability
to require escrow for improvements that are
required as part of approval for a Floodplain
Use Permit.
18
Additional Policy Recommendations
3. Refine criteria for when map revisions are needed
when working in the floodway and the flood elevation
is decreasing.
• Allows projects to progress to construction faster by shifting
some documentation to the end of the project rather than
the beginning.
• May result in reconstruction of portions of projects because
not enough analysis was provided at the front-end of the
project and problems are then discovered at the back-end.
• May also lead to the City’s mapping becoming out-of-date
and/or shifting the responsibility of updates to subsequent
private applicants or the City’s Stormwater Department.
242 of 244
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10
19
Additional Policy Recommendations
4. Conditions for Removal of Property from the Poudre
River Flood Fringe – Adds a provision that the
requirements apply even if the LOMR-F occurred
when not located in the City.
• Closes a loophole of obtaining a LOMR-F prior to annexation
and then not being subject to the conditions established for
properties in the City that go through the same processes.
• This is especially important related to the prohibition of
residential structures and critical facilities in the Poudre River
Floodplain and critical facilities in the FEMA basin floodplains.
• A provision is included that stipulates this requirement
does not apply to properties already annexed into
the City.
20
Public Outreach
• Public Outreach, mid-July through August
– Chamber of Commerce – August 23, 2013
– Home Builders Association – August 27, 2013
– City Staff – August 20, 2013 and August 29, 2013
– Landmark Preservation Commission – scheduled
for September 25, 2013
• Boards
– Water Board voted unanimously in favor of the
proposed changes
– Planning and Zoning Board motion to recommend
the proposed changes failed by a 3-3 vote.
243 of 244
9/18/2013
11
21
What Happens if the City Does Not
Adopt the Regulations
• The City can be put on Probation or Suspended from
the National Flood Insurance Program
– Disaster Assistance not available
– Much higher Flood Insurance premiums for existing
policies
• If suspended, the policy cannot be renewed
– No new flood insurance policies = difficulty buying
and selling property in the floodplain
– Federal Grants and Loans not available
244 of 244
used in such irrigation to flow upon that part of any
street, avenue or alley within the City set apart for vehi-
cle travel.
(b) In all actions brought to enforce this Section, the
person actually irrigating shall be deemed equally guilty
with the principal, and the principal shall likewise be
deemed equally guilty with the agent.
(Code 1972, § 65-11)
Cross-reference—Streets, § 24-91.
233 of 244
(Code 1972, § 65-2)
Cross-reference—Definitions and rules of construction generally, § 1-2.
Sec. 10-302. Headgate required.
Any person using water for irrigation or domestic pur-
poses within the City or conducting water through the
City for the purpose of irrigation shall be required to con-
struct and maintain at the point where such water is taken
from any main lateral a good and sufficient headgate of
sufficient capacity to furnish the amount of water re-
quired for such purposes. The headgate shall be con-
structed and placed in position under the supervision of
the Utilities Executive Director.
(Code 1972, § 65-1; Ord. No. 130, 2002, § 19, 9-17-02; Ord. No.
080, 2011, § 1, 9-6-11)
Sec. 10-303. Escape ditch for wastewater.
Any person using water for irrigation or other purposes
within the City shall be required before using it to con-
struct upon the lower side and outer side of the limits of
the block in which the land irrigated is situated a good
and sufficient ditch or escape passage for water. The
ditch or passage shall be constructed to connect with
some main lateral already constructed and of sufficient
capacity to carry off all wastewaters. Such ditch or pas-
sage constructed on the outside of the block shall be con-
structed under the superintendence of the Utilities
Executive Director and at the expense of the party using
such water.
(Code 1972, § 65-3; Ord. No. 130, 2002, § 19, 9-17-02; Ord. No.
080, 2011, § 1, 9-6-11)
Sec. 10-304. Main ditches.
All main ditches shall be constructed upon a line parallel
with the outer line and shall cross that street at right an-
gles.
(Code 1972, § 65-4)
Sec. 10-305. Obstruction and pollution of ditches
prohibited.
It shall be unlawful to place any obstruction in any main
lateral or to place or to throw into any such lateral any
rubbish or other thing which shall obstruct the natural
flow of water in such lateral. It shall be unlawful to place
or cause to be placed in or near any ditch, main lateral or
232 of 244
sion buffer zone shall be designed and con-
structed so as to span the entire erosion buffer
zone, except to the extent physical constraints
preclude such a design. If this exception is ap-
plicable, issuance of a floodplain use permit
shall be subject to the following requirements:
1. The design and construction of any such
bridge development shall be planned and car-
ried out so as to minimize to the extent rea-
sonably possible any disturbance to the
channel bed and banks; and
2. A stability study to determine possible
impacts upon erosion buffer characteristics
may be required by the Utilities Executive
Director and, in such event, the Utilities Ex-
ecutive Director may impose standards for
design and construction of the proposed
bridge development in order to minimize ero-
sion buffer impacts as a condition of a flood-
plain use permit.
j. Grading or excavation. Grading or excava-
tion is prohibited in an erosion buffer zone, ex-
cept to the extent required to carry out
development in the erosion buffer zone for
which a floodplain use permit has been issued
pursuant to this Article.
k. Construction traffic. Operation of vehicles
and equipment in an erosion control buffer zone
is prohibited, except to the extent required to
carry out development in the erosion buffer zone
for which a floodplain use permit has been is-
sued pursuant to this Article.
(3) Change of use. No person shall change the use
of any structure or property, or any portion thereof,
located in an erosion buffer zone so as to result in a
use or expansion of a use that is inconsistent with the
requirements of this Article.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
231 of 244
any accessory structure, is prohibited.
b. Addition. Addition to a structure, if the addi-
tion is in an erosion buffer zone, is prohibited.
c. Remodeling and repair. Remodeling and re-
pair of a structure in an erosion buffer zone is al-
lowed.
d. Redevelopment. Redevelopment of any
structure in an erosion buffer zone is allowed.
(2) Nonstructural development.
a. Fencing. Construction of new fencing is al-
lowed in an erosion buffer zone, but fencing
must be constructed as follows:
1. The fencing must be designed and in-
stalled as post-and-rail or post-and-board
fencing with the lowest rails or boards no less
than eighteen (18) inches above the adjacent
ground surface, and the posts spaced at inter-
vals of no less than thirty (30) inches;
2. The fencing must be designed and in-
stalled so as to break away from its base;
3. The fencing must be cabled together and
tethered to a fixed location on the property so
as to not float downstream; and
4. The fencing must be oriented parallel to
the general direction of flood flows.
b. Detention Ponds. Construction of new deten-
tion ponds or water quality ponds are prohibited
in an erosion buffer zone.
c. Hard surface paths, trails and walkways.
Construction of new hard surface paths, trails
and walkways are prohibited in an erosion buff-
er zone, except as necessary to cross waterways
230 of 244
stricted.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-142. Change of use in flood fringe of City ba-
sin floodplains.
No person shall change the use of any structure or prop-
erty, or any portion thereof, located in the flood fringe of
a City basin floodplain so as to result in a use or expan-
sion of a use that is inconsistent with the requirements of
this Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-143. Removal of property from flood fringe
of City basin floodplains.
Property located in the flood fringe may be removed
from the flood fringe upon approval by the Utilities Ex-
ecutive Director of a final map revision based upon
floodplain modeling and technical analysis consistent
with floodplain modeling guidelines and standards estab-
lished or approved by the Utilities Executive Director
demonstrating that the property is no longer located in
the flood fringe. Such modeling and analysis shall be
required as the basis for a map revision regardless of fill
or other physical changes to a property.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-144. Waiver of requirements for City basin
floodplains.
The Utilities Executive Director may waive any or all of
the requirements of this Article otherwise applicable to
the issuance of a floodplain permit for a proposed devel-
opment in a City basin floodplain because of the Utilities
Executive Director's applicable flood hazard designation
pursuant to Subsection 10-19(b). The Utilities Executive
Director may waive such requirements and issue a flood-
plain permit in such event, if he or she is satisfied that
there is a sufficient degree of certainty that the property
will be removed from the floodway or flood fringe as a
result of a City funded capital project to allow a flood-
plain permit to issue for the proposed development here-
under considering:
229 of 244
with the applicable requirements of Subsection
10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the redevelopment of a mixed-use
structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the redevelopment of a mixed-
use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(5) Attached garages.
a. Addition of an attached garage to a mixed-
use structure is allowed, provided that all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met by the at-
tached garage.
b. For a garage attached to a mixed-use struc-
ture, compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
228 of 244
37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in a
new mixed-use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(2) Additions.
a. Addition to a mixed-use structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. For an addition to a mixed-use structure, in
the event that all residential use is on a floor
completely above the regulatory flood protec-
tion elevation, compliance with the requirements
of § 10-38 may be substituted for compliance
with the applicable elevation requirement of
Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in an
addition to a mixed-use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(3) Remodeling and repair.
a. Remodeling or repair of a mixed-use struc-
ture is allowed, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-37, are met.
227 of 244
requirements of § 10-38, are met.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the redevelopment of a nonresi-
dential structure, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-38, are met.
(5) Mobile buildings.
a. Mobile buildings, other than nonconforming
mobile buildings, are prohibited, except that:
1. A nonconforming mobile building may be
replaced, provided that the replacement mo-
bile building complies with all applicable re-
quirements, including, but not limited to, the
requirements of § 10-41.
2. Installation of a mobile building on a non-
conforming previously improved lot in a
nonconforming mobile building development
is allowed, provided that the new mobile
building complies with all applicable re-
quirements, including, but not limited to, the
requirements of § 10-41.
b. Development of a mobile building develop-
ment is prohibited.
c. Expansion of a mobile building development
is prohibited.
(6) Attached garages.
a. Addition of an attached garage to a nonresi-
dential structure is allowed, provided that all ap-
plicable requirements, including, but not limited
to, the requirements of § 10-37, are met by the
attached garage.
b. For a garage attached to a nonresidential
structure, compliance with the requirements of
§ 10-38 or the requirements of § 10-39 may be
substituted for compliance with the applicable
elevation requirement of Subsection 10-37(b).
226 of 244
sions of this Article, all nonresidential development in
the flood fringe of a City basin floodplain shall comply
with the following provisions unless removed from the
flood fringe in accordance with § 10-143. If there is any
conflict between any of the following provisions and any
other provision of this Article, the more restrictive provi-
sion shall control.
(1) New construction.
a. Construction of a new nonresidential struc-
ture is allowed, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-37, are met.
b. For a new nonresidential structure, compli-
ance with the requirements of § 10-38 may be
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in a
new nonresidential structure, provided that all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-38, are met.
(2) Additions.
a. Addition to a nonresidential structure is al-
lowed, provided that all applicable require-
ments, including, but not limited to, the
requirements of § 10-37, are met.
b. For an addition to a nonresidential structure,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in an
addition to a nonresidential structure, provided
that all applicable requirements, including, but
not limited to, the requirements of § 10-38, are
met.
225 of 244
withstand the hydrostatic and hydrodynamic
loads against the structure expected to occur in a
one-hundred-year flood.
d. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any remodeling or repair of a resi-
dential structure.
e. No basement below the regulatory flood pro-
tection elevation may remain upon completion
of any substantial improvement of a residential
structure.
(4) Redevelopment.
a. Redevelopment of a residential structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37 are met.
b. No new basement may be constructed below
the regulatory flood protection elevation upon
any redevelopment of a residential structure.
c. No basement below the regulatory flood pro-
tection elevation may remain upon any redevel-
opment of a residential structure.
(5) Manufactured homes.
a. Manufactured homes, other than noncon-
forming manufactured homes, are prohibited,
except that:
1. A nonconforming manufactured home
may be replaced, provided that the replace-
ment manufactured home complies with all
applicable requirements, including, but not
limited to, the requirements of § 10-41.
2. Installation of a manufactured home on a
nonconforming previously improved lot in a
nonconforming manufactured home park is
allowed, provided that the new manufactured
224 of 244
ments, including, but not limited to, the requirements
of § 10-45, are met.
(3) Hard surface paths, trails and walkways. Con-
struction of hard surface paths, trails and walkways
is prohibited, unless all applicable requirements, in-
cluding, but not limited to, the requirements of § 10-
45, are met.
(4) Fill. Placement of fill is prohibited, unless all
applicable requirements, including, but not limited
to, the requirements of § 10-45, are met.
(5) Outdoor storage. Outdoor storage associated
with a nonresidential use, whether temporary or
permanent, is prohibited, unless all applicable re-
quirements, including, but not limited to, the re-
quirements of § 10-45, are met.
(6) Driveways and parking areas. Construction of
new driveways and parking areas is prohibited, un-
less all applicable requirements, including, but not
limited to, the requirements of § 10-45, are met.
Outdoor parking that meets the definition of outdoor
storage in § 10-16 shall be subject to regulation as
outdoor storage.
(7) Vegetation. Placement of new vegetation in the
floodway in a location or of a quantity or type that is
determined by the Utilities Executive Director to
likely result upon maturity in an increase in base
flood elevations is prohibited, unless all applicable
requirements, including, but not limited to, the re-
quirements of § 10-45, are met.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-136. Floodway encroachments in floodways
of City basin floodplains.
Any new development, obstruction or activity that will
result in an encroachment in or modification to the
floodway is prohibited, except to the extent all applicable
requirements, including, but not limited to, the require-
ments of § 10-45, are met.
(Ord. No. 37, 2005, 3-15-05)
223 of 244
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For redevelopment of a mixed-use structure,
in the event that all residential use is on a floor
completely above the regulatory flood protec-
tion elevation, compliance with the requirements
of § 10-38 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in any
redevelopment of a mixed-use structure.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the redevelopment of a mixed-
use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(5) Attached garages.
a. Addition of a new attached garage to a
mixed-use structure is allowed, provided that all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-45 and the re-
quirements of § 10-37, are met by the attached
garage.
b. For a garage attached to a mixed-use struc-
ture compliance with the requirements of § 10-
38 or the requirements of § 10-39 may be substi-
tuted for compliance with the applicable re-
quirements of Subsection 10-37(b).
222 of 244
structure, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-38, are met.
(5) Mobile buildings.
a. Mobile buildings, other than nonconforming
mobile buildings, are prohibited, except that:
1. A nonconforming mobile building in a
mobile building development may be re-
placed, provided that the replacement mobile
building complies with all applicable re-
quirements, including, but not limited to, the
requirements of § 10-41.
2. Installation of a mobile building on a non-
conforming previously improved lot in a
nonconforming mobile building development
is allowed, provided that the new mobile
building complies with all applicable re-
quirements, including, but not limited to, the
requirements of § 10-41.
b. Development of a mobile building develop-
ment is prohibited.
c. Expansion of a mobile building development
is prohibited.
(6) Attached garages.
a. Addition of an attached garage to a nonresi-
dential structure is allowed, provided that all ap-
plicable requirements, including, but not limited
to, the requirements of § 10-45 and the require-
ments of § 10-37, are met by the attached gar-
age.
b. For a garage attached to a nonresidential
structure, compliance with the requirements of
§ 10-38 or the requirements of § 10-39 may be
220 of 244
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. No new basement may be constructed below
the regulatory flood protection elevation in any
accessory structure.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, upon
completion of any substantial improvement or
redevelopment, all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-38, are met.
(8) Floodway modification. Floodway modification
is prohibited unless all applicable requirements, in-
cluding, but not limited to, the requirements of § 10-
45, are met.
(9) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 21, 2-20-07)
Sec. 10-133. Specific standards for nonresidential
development in floodways of City basin
floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all nonresidential development in
the floodway of a City basin floodplain shall comply with
the following provisions. If there is any conflict between
any of the following provisions and any other provision
of this Article, the more restrictive provision shall con-
trol.
(1) New construction.
a. Construction of new nonresidential structures
is allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-45 and the requirements of
§ 10-37, are met.
219 of 244
all other applicable requirements of this Article, includ-
ing without limitation the requirements applicable to ero-
sion buffer zones as set forth in Division 7.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-132. Specific standards for residential devel-
opment in floodways of City basin flood-
plains.
In addition to complying with all other applicable provi-
sions of this Article, all residential development in the
floodway of a City basin floodplain shall comply with the
following provisions. If there is any conflict between any
of the following provisions and any other provision of
this Article, the more restrictive provision shall control.
(1) New construction. Construction of new residen-
tial structures is prohibited.
(2) Addition. Addition to a residential structure is
prohibited, except for addition of a new attached gar-
age, as set forth herein.
(3) Remodeling and repairs.
a. Remodeling or repair of a residential struc-
ture is allowed, provided that, upon completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any remodeling or repair of a resi-
dential structure.
c. No basement below the regulatory flood pro-
tection elevation may remain upon any substan-
tial improvement of a residential structure.
(4) Redevelopment.
a. Redevelopment of a residential structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
218 of 244
ment manufactured home or mobile building
complies with all applicable requirements,
including, but not limited to, the require-
ments of § 10-41.
2. Manufactured home parks and mobile
building developments, other than noncon-
forming manufactured home parks and mo-
bile building developments, are prohibited.
3. Expansion of a manufactured home park
or a mobile building development is prohibit-
ed.
(b) Any property removed from the FEMA basin flood
fringe through a LOMR-F, shall remain subject to the
provisions of this Section. regardless of whether the
property was within the city at the time of such action,
excluding any property that was annexed prior to [effec-
tive date of adopting ordinance]. Property located in the
flood fringe of a FEMA basin floodplain as designated by
the Utilities Executive Director pursuant to Subsection
10-19(b) that is outside of the FEMA basin floodplain
that has been designated by FEMA pursuant to Subsec-
tion 10-19(a) may be removed from the flood fringe upon
approval by the Utilities Executive Director of a final
map revision based upon floodplain modeling and tech-
nical analysis consistent with floodplain modeling guide-
lines and standards established or approved by the
Utilities Executive Director demonstrating that the prop-
erty is no longer located in the flood fringe. Such model-
ing and analysis shall be required as the basis for a map
revision regardless of fill or other physical changes to a
property.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 20, 2-20-07;
Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-114. Removal of property from flood fringe
of City basin floodplains.
The Utilities Executive Director may remove property
from the flood fringe upon approval of a final map revi-
sion based upon floodplain modeling and technical anal-
ysis consistent with floodplain modeling guidelines and
217 of 244
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any substantial improvement or rede-
velopment, all applicable requirements,
including, but not limited to, the requirements of
§ 10-38, are met.
(7) Critical facilities. Critical facilities are prohibit-
ed.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-111. Specific standards for nonstructural de-
velopment in flood fringe of FEMA ba-
sin floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all nonstructural development in the
flood fringe of a FEMA basin floodplain or a City basin
floodplain shall comply with the following provisions
unless removed from the flood fringe by approval of a
LOMR or Physical Map Revision in accordance with
§ 10-113. If there is any conflict between any of the fol-
lowing provisions and any other provision of this Article,
the more restrictive provision shall control.
(1) Fencing. Fencing is not restricted.
(2) Detention ponds. Detention ponds are not re-
stricted.
216 of 244
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(3) Remodeling and repairs.
a. Remodeling and repair of a mixed-use struc-
ture is allowed, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-37, are met.
b. For remodeling or repair of a mixed-use
structure, in the event that all residential use is
on a floor completely above the regulatory flood
protection elevation, compliance with the re-
quirements of § 10-38 may be substituted for
compliance with the applicable requirements of
Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the remodeling or repair of a
mixed-use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the remodeling or repair of a
mixed-use structure, provided that, after comple-
tion of any substantial improvement:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
215 of 244
(6) Attached garages.
a. Addition of an attached garage to a nonresi-
dential structure is allowed, provided that all ap-
plicable requirements, including, but not limited
to, the requirements of § 10-37, are met by the
attached garage.
b. For a garage attached to a nonresidential
structure, compliance with the requirements of
§ 10-38 or the requirements of § 10-39 may be
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, after completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
214 of 244
conflict between any of the following provisions and any
other provision of this Article, the more restrictive provi-
sion shall control.
(1) New construction.
a. Construction of a new nonresidential struc-
ture is allowed, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-37, are met.
b. For a new nonresidential structure, compli-
ance with the requirements of § 10-38 may be
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in a
new nonresidential structure, provided that all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-38, are met.
(2) Additions.
a. Addition to a nonresidential structure is al-
lowed, provided that all applicable require-
ments, including, but not limited to, the
requirements of § 10-37, are met.
b. For an addition to a nonresidential structure,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in an
addition to a nonresidential structure, provided
that all applicable requirements, including, but
not limited to, the requirements of § 10-38, are
met.
(3) Remodeling and repairs.
a. Remodeling or repair of a nonresidential
structure is allowed, provided that, after comple-
tion of any substantial improvement, all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met.
213 of 244
nection with any remodeling or repair of a resi-
dential structure.
c. No basement below the regulatory flood pro-
tection elevation may remain after completion of
any substantial improvement of a residential
structure.
(4) Redevelopment.
a. Redevelopment of a residential structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation upon
any redevelopment of a residential structure.
c. No basement below the regulatory flood pro-
tection elevation may remain after completion of
any redevelopment of a residential structure.
(5) Manufactured homes.
a. Manufactured homes, other than noncon-
forming manufactured homes, are prohibited,
except that:
1. A nonconforming manufactured home
may be replaced, provided that the replace-
ment manufactured home complies with all
applicable requirements, including, but not
limited to, the requirements of § 10-41.
2. Installation of a manufactured home on a
nonconforming previously improved lot in a
nonconforming manufactured home park is
allowed, provided that the new manufactured
home complies with all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-41.
b. Development of a manufactured home park is
prohibited.
212 of 244
sions of this Article, all nonstructural development in the
floodway of a FEMA basin floodplain or a City basin
floodplain shall comply with the following provisions. If
there is any conflict between any of the following provi-
sions and any other provision of this Article, the more
restrictive provision shall control.
(1) Fencing. Construction of new fencing is prohib-
ited, unless the fencing is designed to break away,
and is cabled together so as to not float downstream.
As an alternative to a break-away design, a new
fence may be designed to allow the passage of water
by having a flap or opening in the areas at or below
the base flood elevation sufficient to allow floodwa-
ter to pass freely.
(2) Detention ponds. Construction of new detention
ponds is prohibited, unless all applicable require-
ments, including, but not limited to, the requirements
of § 10-45, are met.
(3) Hard surface paths, trails and walkways. Con-
struction of new hard surface paths, trails and walk-
ways is prohibited, unless all applicable
requirements, including, but not limited to, the re-
quirements of § 10-45, are met.
(4) Fill. Placement of fill is prohibited, unless all
applicable requirements, including, but not limited
to, the requirements of § 10-45, are met.
(5) Outdoor storage. Outdoor storage associated
with nonresidential use, whether temporary or per-
manent, is prohibited, unless all applicable require-
ments, including, but not limited to, the requirements
of § 10-45, are met.
(6) Driveways and parking areas. Construction of
new driveways and parking areas is prohibited, un-
less all applicable requirements, including, but not
limited to, the requirements of § 10-45, are met.
Outdoor parking that meets the definition of outdoor
storage in § 10-16 shall be subject to regulation as
outdoor storage.
(7) Vegetation. Placement of new vegetation in the
floodway in a location or of a quantity or type that is
211 of 244
the regulatory flood protection elevation in any
remodeling or repair of a mixed-use structure.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the remodeling or repair of a
mixed-use structure, provided that, after comple-
tion of any substantial improvement:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(4) Redevelopment.
a. Redevelopment of a mixed-use structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For a redevelopment of a mixed-use struc-
ture, in the event that all residential use is on a
floor completely above the regulatory flood pro-
tection elevation, compliance with the require-
ments of § 10-38 may be substituted for
compliance with the applicable requirements of
Subsection 10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in any
redevelopment of a mixed-use structure.
d. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the redevelopment of a mixed-
use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
210 of 244
b. Development of a mobile building develop-
ment is prohibited.
c. Expansion of a mobile building development
is prohibited.
(6) Attached garages.
a. Addition of an attached garage to a nonresi-
dential structure is allowed, provided that all ap-
plicable requirements, including, but not limited
to, the requirements of § 10-45 and the require-
ments of § 10-37, are met by the attached gar-
age.
b. For a garage attached to a nonresidential
structure, compliance with the requirements of
§ 10-38 or the requirements of § 10-39 may be
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
(7) Accessory structures.
a. Construction of a new accessory structure or
addition to an accessory structure is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-45 and the requirements of § 10-37, are
met by the accessory structure.
b. Remodeling and repair of an accessory struc-
ture is allowed, provided that, after completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
209 of 244
Sec. 10-103. Specific standards for nonresidential
development in floodways of FEMA ba-
sin floodplains.
In addition to complying with all other applicable provi-
sions of this Article, all nonresidential development in
the floodway of a FEMA basin floodplain or a City basin
floodplain shall comply with the following provisions. If
there is any conflict between any of the following provi-
sions and any other provision of this Article, the more
restrictive provision shall control.
(1) New construction.
a. Construction of a new nonresidential struc-
ture is allowed, provided that all applicable re-
quirements, including, but not limited to, the
requirements of § 10-45 and the requirements of
§ 10-37, are met.
b. For a new nonresidential structure, compli-
ance with the requirements of § 10-38 may be
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in a
new nonresidential structure.
(2) Addition.
a. Addition to a nonresidential structure is al-
lowed, provided that all applicable require-
ments, including, but not limited to, the
requirements of § 10-45 and the requirements of
§ 10-37, are met.
b. For an addition to a nonresidential structure,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable requirements of Subsection 10-37(b).
c. No new basement may be constructed below
the regulatory flood protection elevation in an
addition to a nonresidential structure.
208 of 244
age, as set forth herein.
(3) Remodeling and repair.
a. Remodeling and repair of a residential struc-
ture is allowed, provided that, after completion
of any substantial improvement, all applicable
requirements, including, but not limited to, the
requirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any remodeling or repair of a resi-
dential structure.
c. No basement below the regulatory flood pro-
tection elevation may remain after completion of
any substantial improvement of a residential
structure.
(4) Redevelopment.
a. Redevelopment of a residential structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation in any
redevelopment of a residential structure.
c. No basement below the regulatory flood pro-
tection elevation may remain after completion of
any redevelopment of a residential structure.
(5) Manufactured homes.
a. Manufactured homes, other than noncon-
forming manufactured homes, are prohibited,
except that:
1. A manufactured home in a nonconforming
manufactured home park may be replaced,
provided that the replacement manufactured
home complies with all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-41.
2. Installation of a manufactured home on a
nonconforming previously improved lot in a
nonconforming manufactured home park is
207 of 244
1. For nonresidential structures and mixed-
use structures with all residential use on a
floor completely above the regulatory flood
protection elevation, compliance with the re-
quirements of § 10-38 may be substituted for
compliance with the applicable requirements
of Subsection 10-37(b).
d. Critical facilities and expansions of critical
facilities are prohibited.
e. Manufactured homes and mobile buildings
other than a nonconforming manufactured home
or mobile building are prohibited, except that:
1. A manufactured home or mobile building
may be replaced, provided that the replace-
ment manufactured home or mobile building
complies with all requirements applicable to
manufactured homes or mobile buildings in
the Poudre River flood fringe, including, but
not limited to, the requirements of § 10-41.
2. Manufactured home parks and mobile
building developments, other than noncon-
forming manufactured mobile home parks
and mobile building developments are pro-
hibited.
3. Expansion of a manufactured home park
or a mobile building development is prohibit-
ed.
(b) Any property removed from the Poudre River flood
fringe through a LOMR-F shall remain subject to the
provisions of this Section, regardless of whether the
property was within the city at the time of such action,
except for properties annexed to the city prior to (the ef-
fective date of the ordinance).
206 of 244
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any cumulative substantial improve-
ment or redevelopment, all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
(7) Critical facilities. Critical facilities are prohibit-
ed.
(8) Emergency planning and preparedness. New
construction, addition to or cumulative substantial
improvement, redevelopment or change of occupan-
cy of any structure subject to this Section, other than
an accessory structure, shall be subject to the emer-
gency planning and preparedness requirements of
§ 10-48.
10
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 13, 2-20-07;
Ord. No. 048, 2013, § 8, 3-26-13)
Sec. 10-78. Specific standards for nonstructural de-
velopment in Poudre River flood fringe.
In addition to complying with all other applicable provi-
sions of this Article, all nonstructural development in the
flood fringe of the Poudre River floodplain, as designated
pursuant to § 10-19, shall comply with the following
provisions unless removed from the flood fringe in ac-
cordance with § 10-80. If there is any conflict between
any of the following provisions and any other provision
of this Article, the more restrictive provision shall con-
trol.
(1) Fencing. Fencing is not restricted.
(2) Detention ponds. Detention ponds are not re-
stricted.
(3) Hard surface paths, trails and walkways. Hard
surface paths, trails and walkways are not restricted.
10 This Paragraph shall become effective on July 1, 2013.
205 of 244
on a floor completely above the regulatory flood
protection elevation, compliance with the re-
quirements of § 10-38 may be substituted for
compliance with the applicable requirements of
Subsection 10-37(b).
d. A new basement may be constructed below
the regulatory flood protection elevation in con-
nection with the remodeling or repair of a
mixed-use structure, provided that:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
e. A nonconforming basement below the regu-
latory flood protection elevation may remain in
connection with the remodeling or repair of a
mixed-use structure, provided that, after comple-
tion of any cumulative substantial improvement:
1. All residential use is on a floor completely
above the regulatory flood protection eleva-
tion; and
2. All applicable requirements, including,
but not limited to, the requirements of § 10-
38, are met.
(4) Redevelopment.
a. Redevelopment of a mixed-use structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. For redevelopment of a mixed-use structure,
in the event that all residential use is on a floor
completely above the regulatory flood protec-
tion elevation, compliance with the requirements
of § 10-38 may be substituted for compliance
with the applicable requirement of Subsection
10-37(b).
204 of 244
§ 10-37, are met.
b. Remodeling or repair of an accessory struc-
ture, including reconstruction of an accessory
structure that has been substantially damaged, is
allowed, provided that, after completion of any
cumulative substantial improvement, all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met.
c. Redevelopment of an accessory structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
d. For an accessory structure, compliance with
the requirements of § 10-38 or the requirements
of § 10-39 may be substituted for compliance
with the applicable requirements of Subsection
10-37(b).
e. A new basement may be constructed below
the regulatory flood protection elevation in an
accessory structure, provided that all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
f. A nonconforming basement below the regu-
latory flood protection elevation may remain in
an accessory structure, provided that, after com-
pletion of any cumulative substantial improve-
ment or redevelopment, all applicable
requirements, including, but not limited to, the
requirements of § 10-38, are met.
(8) Critical facilities. Critical facilities are prohibit-
ed.
203 of 244
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in a
new nonresidential structure, provided that all
applicable requirements, including, but not lim-
ited to, the requirements of § 10-38, are met.
(2) Additions.
a. Addition to a nonresidential structure is al-
lowed, provided that all applicable require-
ments, including, but not limited to, the
requirements of § 10-37, are met.
b. For an addition to a nonresidential structure,
compliance with the requirements of § 10-38
may be substituted for compliance with the ap-
plicable requirements of Subsection 10-37(b).
c. A new basement may be constructed below
the regulatory flood protection elevation in an
addition to a nonresidential structure, provided
that all applicable requirements, including, but
not limited to, the requirements of § 10-38, are
met.
(3) Remodeling and repairs.
a. Remodeling or repair of a structure is al-
lowed, provided that, after completion of any
cumulative substantial improvement, all appli-
cable requirements, including, but not limited to,
the requirements of § 10-37, are met.
b. Reconstruction of a nonresidential structure
that has suffered substantial damage is allowed,
provided that all applicable requirements, in-
cluding, but not limited to, the requirements of
§ 10-37, are met.
c. For remodeling or repair of a nonresidential
structure, compliance with the requirements of
§ 10-38 may be substituted for compliance with
the applicable requirements of Subsection 10-
37(b).
202 of 244
a. Remodeling or repair of a residential struc-
ture is allowed, provided that, after completion
of any cumulative substantial improvement, all
applicable requirements, including without limi-
tation the requirements of § 10-37, are met.
b. Reconstruction of a residential structure that
has suffered substantial damage is allowed, pro-
vided that all applicable requirements, includ-
ing, but not limited to, the requirements of § 10-
37, are met.
c. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any remodeling or repair of a resi-
dential structure.
d. No basement below the regulatory flood pro-
tection elevation may remain after completion of
any cumulative substantial improvement of a
residential structure.
(4) Redevelopment.
a. Redevelopment of a residential structure is
allowed, provided that all applicable require-
ments, including, but not limited to, the re-
quirements of § 10-37, are met.
b. No new basement may be constructed below
the regulatory flood protection elevation in con-
nection with any redevelopment of a residential
structure.
c. No basement below the regulatory flood pro-
tection elevation may remain after completion of
any redevelopment of a residential structure.
(5) Manufactured homes. Manufactured homes,
other than nonconforming manufactured homes, are
prohibited.
a. Development of a manufactured home park is
prohibited.
b. Expansion of a manufactured home park is
prohibited.
(6) Attached garages. A new attached garage at-
tached to a residential structure shall be considered
201 of 244
paredness requirements of § 10-48.
8
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 7, 2-20-07;
Ord. No. 048, 2013, § 6, 3-26-13)
Sec. 10-72. Specific standards for nonstructural de-
velopment in Poudre River floodway.
In addition to complying with all other applicable provi-
sions of this Article, all nonstructural development in the
floodway of the Poudre River, as designated pursuant to
§ 10-19, shall comply with the following provisions. If
there is any conflict between any of the following provi-
sions and any other provision of this Article, the more
restrictive provision shall control.
(1) Fencing. Construction of new fencing is prohib-
ited, unless the fencing is designed to break away,
and is cabled together so as to not float downstream.
As an alternative to a break-away design, a new
fence may be designed to allow the passage of water
by having a flap or opening in the areas at or below
the base flood elevation sufficient to allow floodwa-
ters to pass freely.
(2) Detention ponds. Construction of new detention
ponds is prohibited unless all applicable require-
ments, including, but not limited to, the requirements
of § 10-45, are met.
(3) Hard surface paths, trails and walkways. Con-
struction of new hard surface paths, trails and walk-
ways is prohibited unless all applicable requirements,
including, but not limited to, the requirements of
§ 10-45, are met.
(4) Fill. Placement of fill is prohibited unless all ap-
plicable requirements, including, but not limited to,
the requirements of § 10-45, are met.
(5) Outdoor storage/storage of floatable materials.
a. Outdoor storage of materials associated with
a nonresidential use that are not defined as float-
8 This Paragraph shall become effective on July 1, 2013.
200 of 244
Subsection 10-37(b).
c. For a cumulative substantial improvement of
a mixed-use structure, in the event that all resi-
dential use is on a floor completely above the
regulatory flood protection elevation, compli-
ance with the requirements of § 10-38 may be
substituted for compliance with the applicable
requirements of Subsection 10-37(b).
d. Reconstruction of any structure that has suf-
fered substantial damage is prohibited.
e. No new basement may be constructed below
the regulatory flood protection elevation in any
structure.
f. Nonconforming basements below the regula-
tory flood protection elevation are subject to the
following restrictions:
1. Residential structure. No basement below
the regulatory flood protection elevation may
remain after completion of any cumulative
substantial improvement of a residential
structure.
2. Nonresidential structure. A nonconform-
ing basement below the regulatory flood pro-
tection elevation may remain in connection
with the remodeling or repair of a nonresi-
dential structure, provided that, after comple-
tion of any cumulative substantial
improvement, all applicable requirements,
including, but not limited to, the require-
ments of § 10-38, are met.
3. Mixed-use structure. A nonconforming
basement below the regulatory flood protec-
tion elevation may remain in connection with
the remodeling or repair of a mixed-use
structure, provided that after completion of
any cumulative substantial improvement:
199 of 244
items as food, water, blankets, flashlights,
National Oceanic and Atmospheric Ad-
ministration weather radios and batteries,
and
c) A communication plan for informing
emergency contacts of those sheltered-in-
place;
f. Procedures for protecting the building from
damage or hazardous conditions, including:
1. Plan for shut down of utilities and equip-
ment,
2. Relocation of computers, documents or
other important resources or materials to
higher areas, and
3. Required or other appropriate floodproof-
ing measures;
g. A process for distribution and posting of plan
and evacuation routes and shelter-in-place in-
structions;
h. A description of mandatory training and
practice drills, including:
1. Procedures for training all employees, in-
cluding future new employees,
2. Annual practice drills implementing the
plan during the first three (3) months of each
calendar year, and
3. Documentation of practice drills and iden-
tified areas for improvement;
i. A description of post-flood recovery
measures, including:
1. Procedures for notification to employees
and, if applicable, the public, of when it is
safe to return, and
198 of 244
mixed-use structure with residential use below the
regulatory flood protection elevation, or to increase
the residential use area of a mixed-use structure be-
low the regulatory flood protection elevation.
(6) No person shall change the use of a noncon-
forming structure or existing structure that is not a
critical facility to use as a critical facility contrary to
the provisions of this Article, or change the use of a
critical facility to another type of critical facility, or
increase the physical area in use for a nonconforming
critical facility, contrary to the provisions of this Ar-
ticle.
(7) A nonconforming structure may not be relocat-
ed, except that a nonconforming critical facility may
be relocated within the same parcel of land without
losing its legal nonconforming status.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-47. Changes of use.
No person shall cause, nor permit on property under said
person's ownership or control, the construction or instal-
lation of improvements on the property, or a new use of
the property or any portion thereof, if the same shall re-
sult in a use or expansion of a use of the property incon-
sistent with the requirements and prohibitions of this
Article.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-48. Emergency planning and preparedness.
7
For any structure or portion of structure required under
this Article to submit an emergency response and prepar-
edness plan, the following emergency planning and pre-
paredness requirements shall apply:
(1) An emergency response and preparedness plan
shall include the following, together with such addi-
tional provisions as may be appropriate in light of the
particular circumstances associated with the structure
or activity to which the plan applies:
a. A flood risk assessment that, at a minimum,
includes:
7 This Section shall become effective on July 1, 2013.
197 of 244
ments sufficient to allow for the associated
changes will result from the proposed devel-
opment, obstruction or activity, in a form ap-
proved by the Utilities Executive Director,
must be submitted prior to issuance of a
floodplain permit; and
2. A certification signed by a registered pro-
fessional engineer accurately documenting
the as-built floodway and base flood eleva-
tions after completion of the development,
obstruction or activity as resulting in no in-
crease in the floodway or base flood eleva-
tions on other than the applicant's contiguous
property or other than provided by recorded
easements must be submitted prior to the is-
suance of a certificate of occupancy, or, in
the event no certificate of occupancy is re-
quired, upon completion of the improve-
ments.
(2) Map revisions.
a. Conditional map revisions. If any develop-
ment or activity in the floodway results in a
change to base flood elevations, floodway or
flood fringe boundaries, a A Conditional Letter
of Map Revision must be approved by FEMA,
or, for a City basin floodplain, a preliminary
map revision must be approved by the Utilities
Executive Director, prior to issuance of a flood-
plain permit or initiation of construction or per-
mitted activities for any proposed development
or activity in the floodway that:
1. results in any of the following:
i. an increase in base flood elevation of
more than 0.00 feet;
ii. a decrease in base flood elevation of
more than 0.30 feet;
iii. a change in watercourse location;
iv. the addition of new area within the
floodway; or
196 of 244
must be placed in a manner and location such that
the requirements of § 26-544 are met.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-42. Specific standards for recreational vehi-
cles.
(a) Any recreational vehicle located on property in resi-
dential use in the Poudre River floodway or flood fringe
shall be fully licensed and ready for highway use when
located on such property.
(b) Any recreational vehicle located in a FEMA basin
floodway or flood fringe or City basin floodway or flood
fringe shall:
(1) Be present on a lot or parcel for fewer than one
hundred eighty (180) consecutive days, or for a total
of fewer than one hundred eighty (180) days in one
(1) calendar year; or
(2) Be fully licensed and ready for highway use; or
(3) Comply with the requirements of § 10-41.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 5, 2-20-07)
Sec. 10-43. Development in one-hundred-year flood-
plains in which no floodway has been des-
ignated.
No new construction, substantial improvements or other
development, including structural and nonstructural de-
velopment, shall be permitted within zones A1—A30 and
AE, if no floodway has been delineated, unless it is
demonstrated that the cumulative effect of the proposed
development or activity, when combined with all other
completed, pending and anticipated development, will
not increase the base flood elevation more than six (6)
inches at any point within the City.
(Ord. No. 37, 2005, 3-15-05)
Sec. 10-44. Development in one-hundred-year flood-
plain in which base flood elevations have
not been determined.
No new construction, substantial improvements or other
development, including structural and nonstructural de-
velopment, shall be permitted within approximate A
zones, if no base flood elevations have been established
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to the Utilities Executive Director must be submitted
prior to the issuance of a certificate of occupancy for
the structure. For an accessory structure, a certifica-
tion shall not be required, provided that the structure
is inspected during routine inspection in connection
with a building permit or certificate of occupancy.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-40. Specific standards for crawl spaces.
Any crawl space not elevated at its lowest point to an
elevation at least as high as the regulatory flood protec-
tion elevation shall meet the following requirements to be
permitted:
(1) The velocity of the one-hundred-year flood
flows impacting the structure must be less than five
(5) feet/second;
(2) The interior grade elevation that is below the
base flood elevation must be no lower than two (2)
feet below the lowest adjacent grade;
(3) The interior height of the below-grade crawl
space, as measured from the lowest interior grade of
the crawl space to the top of the foundation wall,
must not exceed four (4) feet at any point;
(4) The crawl space must have an adequate drainage
system that includes a totally immersible pump that
allows floodwaters to drain from the interior of the
crawl space following a flood;
(5) All duct work, heating, ventilation and air con-
ditioning systems, hot water heater and electrical, in-
cluded within or as part of the structure must be
elevated to the regulatory flood protection elevation;
and
(6) Any such crawl space must meet the require-
ments of § 10-39.
(Ord. No. 37, 2005, 3-15-05)
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(3) The following must be submitted to the Utilities
Executive Director and accepted as completed prior
to issuance of a floodplain use permit and a building
permit:
a. A pre-construction floodproofing certificate,
signed and certified by a registered professional
engineer or architect, accurately documenting
the proposed floodproofing elevation;
b. Detailed plans for floodproofing measures
that include:
1. Base flood elevation and elevation of
floodproofing;
2. The benchmark used;
3. Design details and locations of the specif-
ic floodproofing measures;
4. The direction and distance that all doors
swing, in order to show that floodproofing
closure shields, if any, cannot block doors
from opening when shields are in place; and
5. The signature and certification of a regis-
tered professional engineer or architect;
c. Manufacturer's specification sheets if using
manufactured measures, such as, for example,
sealants;
d. Manufacturer's catalog cuts if ordering
measures, such as, for example, gates or shields,
from a catalog;
e. A statement of the wording of the directions
for securing and releasing any gate or closure
shield, which directions are required to appear
on the back of any gate or closure shield;
f. An emergency action plan that includes:
1. A description of where the floodproofing
measures will be stored;
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manner described in § 10-39. This requirement shall be
referred to as the elevation or freeboard requirement.
(c) Determination of regulatory flood protection eleva-
tion. The regulatory flood protection elevation shall be
determined as follows:
(1) Poudre River floodplain:
a. Twenty-four (24) inches above the base flood
elevation;
(2) FEMA basin and City basin floodplains:
a. For new construction and redevelopments,
eighteen (18) inches above the base flood eleva-
tion;
b. For additions and substantial improvements,
six twelve (126) inches above the base flood el-
evation; and
c. For accessory structures, six twelve (612)
inches above the base flood elevation;
(3) City basin floodplain:
a. For new construction and redevelopment,
eighteen (18) inches above the base flood eleva-
tion;
b. For additions and substantial improvements,
six (6) inches above the base flood elevation;
and
c. For accessory structures, six (6) inches above
the base flood elevation.
(d) Determination of lowest floor elevation. The lowest
floor elevation of the structure shall be determined based
on the type of foundation. If more than one (1) founda-
tion type is used, the lowest floor elevation shall be de-
termined separately for each portion of the structure with
a different foundation type.
(1) Slab-on-grade. The lowest floor elevation of a
slab-on-grade structure shall be measured at the top
of the slab.
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Community Development and Neighborhood Services
shall be deemed to constitute a reference to the Utilities
Executive Director and any reference to the Land Use
Code therein shall be deemed to constitute a reference to
this Article. Said Takings Determination Procedures shall
be exhausted before the institution of any judicial pro-
ceeding against the City claiming a taking of affected
property.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11; Ord.
No. 030, 2012, § 29, 4-17-12)
Secs. 10-31—10-35. Reserved.
Division 3
General Standards for
Flood Hazard Analysis and Reduction
Sec. 10-36. General provisions for flood hazard re-
duction.
(a) In all flood hazard areas, the following requirements
must be met by any development:
(1) All structures shall be anchored to prevent flota-
tion, collapse or lateral movement of the structure
and capable of resisting the hydrostatic and hydrody-
namic loads;
(2) All structures shall be constructed with materials
and utility equipment resistant to flood damage;
(3) All structures shall be constructed using meth-
ods and practices that minimize flood damage;
(4) All structures shall be constructed with electri-
cal, heating, ventilation and air conditioning equip-
ment and other service facilities elevated to or above
the regulatory flood protection elevation, pursuant to
Subsection 10-37(b);
(5) All public utilities and facilities, such as sewer,
gas, electric and water systems, shall be located and
constructed to minimize flood damage; and
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and the effects of wave action, if applicable, ex-
pected at the site.
(f) Upon consideration of the factors of this Section and
the purposes of this Article, the Water Board may attach
such conditions to the granting of a variance as it deems
necessary to further the purposes of this Article, and shall
incorporate by reference the requirements of this Article
that shall apply to the development or activities for which
a variance has been granted.
(g) The Utilities Executive Director shall maintain the
records of all appeal actions, including technical infor-
mation, and report any variances to the Federal Insurance
Administration upon request.
(h) Notwithstanding the foregoing, the City Council
may, by ordinance, waive the imposition of any fee im-
posed by the provisions of this Chapter for a housing
project wholly or partially owned by a housing authority
formed pursuant to the provisions of Section 29-4-101 et
seq., C.R.S., if the City Council, in its sole discretion,
determines that:
(1) the affordable housing project is intended to
house homeless or disabled persons, as such terms
are defined by the Department of Housing and Urban
Development, or households with an annual income
that does not exceed thirty (30) percent of the area
median income for the applicable household size in
the Fort Collins-Loveland metropolitan statistical ar-
ea, as published by the Department of Housing and
Urban Development; and
(2) the proposed waiver, if approved by the City
Council, will not jeopardize the financial interests of
the City.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11; Ord.
No. 037, 2013, § 7, 3-19-13)
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lines and Specifications for Flood Hazard Mapping Part-
ners” in effect at the time of the completion of the
mapping.
(hg) If the Utilities Executive Director determines that the
application meets the purposes and requirements of this
Article, he or she shall issue the permit and may attach
such conditions as he or she deems necessary to further
the purposes of this Article or to ensure compliance with
the same. The Utilities Executive Director may require
the deposit of escrowed funds or other means of securing
the performance of permit conditions, and may request
that the City building official condition the release of a
certificate of occupancy or other final approval upon
submission of final documentation of compliance with
conditions, as appropriate.
6
(ih) A floodplain use permit shall expire three (3) years
after its date of issuance if the permittee has not started
construction (see definition of start of construction) un-
der the permit. If a floodplain use permit is issued in
connection with the issuance of a building permit, and
the building permit expires, then the floodplain use per-
mit shall be reevaluated based on any new criteria or data
established or available since the issuance of the permit,
and a new floodplain use permit may be required in con-
nection with a new building permit, if the permit would
not comply with this Article in light of such new criteria
or data.
(ji) No person who has obtained a floodplain use permit
shall fail to construct in accordance with the approved
application and design or terms of said permit.
(kj) An applicant for a floodplain use permit shall pay
twenty-five dollars ($25.). If the Utilities Executive Di-
rector, pursuant to this Article, requires the applicant to
furnish a floodplain modeling analysis, the applicant
shall pay an additional fee of three hundred dollars
($300.).
(Ord. No. 37, 2005, 3-15-05; Ord. No. 015, 2007 § 3, 2-20-07;
Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 048, 2013, §§ 2—4, 3-
26-13)
6 This Subsection shall become effective on July 1, 2013.
189 of 244
(1) Valley cross-sections showing the floodplain
surrounding the watercourse, cross-sections of the
area to be occupied by the proposed development,
and one-hundred-year flood maximum water-surface
elevation information;
(2) A profile showing the slope of the bottom of the
channel or thalweg of the watercourse;
(3) A floodplain analysis of the flood profile, base
flood elevation and velocity, and floodplain, flood
fringe, floodway and erosion buffer zone boundaries,
along with boundaries of any other delineated areas,
using floodplain modeling guidelines established or
approved by the Utilities Executive Director, which
analysis shall include existing and anticipated uses
and shall show the impact the proposed construction
or development will have on the elevation of the wa-
ter-surface of the one-hundred-year flood;
(4) A structural analysis showing that any proposed
structures will be adequately designed and construct-
ed to prevent floatation, collapse or lateral movement
of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy
and scouring; and
(5) A stability analysis for any proposed develop-
ment within an erosion buffer zone or for any flood-
way encroachment or modification.
(e) When reviewing the application for a floodplain use
permit, the Utilities Executive Director shall determine
which portions of any flood hazard areas are affected by
the particular development request and then shall apply
the provisions of this Article as applicable. The Utilities
Executive Director also shall determine whether the pro-
posed construction or development is consistent with the
need to minimize flood damage and meets the intent of
this Article after considering the following factors:
(1) The effects upon the efficiency or capacity of
the floodway;
4 This Paragraph shall be effective on July 1, 2013.
188 of 244
(6) Maintaining for public inspection all records
pertaining to the provisions of this Article;
(7) Notifying adjacent communities and the Colora-
do Water Conservation Board prior to any alteration
or relocation of a watercourse and, when submitting
a map revision to FEMA, submitting evidence of
such notification to FEMA;
(8) Requiring that maintenance is provided within
the altered or relocated portion of the watercourse so
that the flood-carrying capacity is not diminished;
(9) Making interpretations, where needed, as to the
exact location of the boundaries of flood hazard are-
as, for example, where there appears to be a conflict
between the map boundary and actual field condi-
tions. The person contesting the location of such
boundary shall be given a reasonable opportunity to
appeal the interpretation as provided by the variance
procedure in this Article; and
(10) Receiving applications for and determining
whether to issue erosion buffer zone waivers, pursu-
ant to Division 7 of this Article; and
(11) Collecting and administering escrow accounts
for floodplain use permits.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)
Sec. 10-27. Floodplain use permit.
(a) A floodplain use permit shall be obtained from the
Utilities Executive Director before any construction or
development begins within any floodway, flood fringe or
erosion buffer zoneflood hazard area established pursuant
to this Article. A floodplain use permit shall also be re-
quired for any construction or development of or affect-
ing a critical facility in the Poudre River five-hundred-
year floodplain or a zone X shaded area, if that critical
facility is regulated pursuant to §§ 10-46 or 10-81. Ap-
plication for a floodplain use permit shall be made on
forms furnished by the Utilities Executive Director and
may include, but not be limited to, plans in duplicate
drawn to scale showing the nature, location, dimensions
and elevations of the areas in question; structures already
187 of 244
delineated therein, together with any other delineations of
flood areas, flood elevations or physical characteristics,
are hereby declared to be part of this Article. Any differ-
ences in floodplain or floodway delineation between such
additional studies or reports and the Flood Insurance Rate
Map shall be resolved by applying those provisions
which result in a broader floodplain or floodway delinea-
tion, or a higher base flood elevation. To the extent that
additional technical analysis results in the refinement of
the floodplain, flood fringe, floodway, erosion buffer
zone or other delineations contained in the plans listed
below, or to the extent that the completion of a capital
improvement project results in a modification of any
such delineations, the Utilities Executive Director shall,
pursuant to his or her duties as set forth in Paragraph 10-
26(9), document the associated change in the delineation,
which modified delineation shall control the application
of the requirements set forth in this Article. A copy of the
studies or reports shall be on file in the permanent rec-
ords of Utility Services. Documentation of any modifica-
tion of any delineation pursuant to this Subsection shall
be on file in the permanent records of Utility Services.
The floodplain studies or reports incorporated herein by
this reference are as follows:
(1) Poudre River floodplain (see Division 4).
(2) FEMA basin floodplains (see Division 5):
a. Dry Creek floodplain.
b. Spring Creek floodplain.
c. Boxelder Creek floodplain.
d. Cooper Slough floodplain.
(3) City basin floodplains (see Division 65):
a. Old Town floodplain.
b. West Vine floodplain.
c. Canal Importation floodplain.
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Unfinished area shall mean an enclosed area that is used
only for the parking of vehicles, building access or stor-
age purposes and does not meet the definition of finished
area.
Vertical addition shall mean an addition to a structure
that does not result in an increase in the structure's foot-
print, provided that the associated work does not consti-
tute redevelopment of the structure.
Watercourse shall mean a stream, creek, pond, slough,
gulch, reservoir, lake or portion of the floodplain func-
tioning as a natural or improved channel carrying flows,
not constituting a flood. The term shall include, but not
be limited to, established natural and human-made drain-
ageways for carrying storm runoff, but it shall not in-
clude irrigation ditches.
X zone shaded area (or shaded zone X) shall mean as
shown on the FEMA Flood Insurance Rate Map as one
(1) or more of the following:
(1) The area inundated by the five-hundred-year
flood;
(2) A sheet flow area inundated by the one-hundred-
year flood with an average flood depth of less than
one (1) foot; or
(3) An area protected by one (1) or more levees
from inundation by the one-hundred-year flood.
(Ord. No. 37, 2005, 3-15-05; Ord. No. 206, 2006 § 1, 1-16-07;
Ord. No. 015, 2007 § 1, 2-20-07; Ord. No. 080, 2011, § 1, 9-6-11;
Ord. No. 048, 2013, § 1, 3-26-13)
Sec. 10-17. Purpose.
(a) It is the purpose of this Article to promote the public
health, safety and general welfare and to minimize public
and private losses due to flood conditions in flood hazard
areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for cost-
ly flood control projects;
(3) Minimize the need for rescue and relief efforts
associated with flooding generally undertaken at the
expense of the general public;
(4) Minimize prolonged business interruptions;
184 of 244
depth of from one (1) to three (3) feet, inclusive, where a
clearly defined channel does not exist, where the path of
flooding is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or
sheet flow.
Sheet flow area shall mean a portion of the one-hundred-
year floodplain that is characterized by undefined flow
paths. Sheet flow areas with flood depths of less than one
(1) foot shall not be considered part of the flood fringe.
Sheet flow areas with flood depths between one (1) and
three (3) feet, inclusive, shall be considered part of the
flood fringe.
Shelter-in-place shall mean onsite provision of refuge
from floodwaters and related hazards to allow continued
occupation of a structure in the event that circumstances
preclude safe evacuation in the regulatory flood event or
more frequent flood events.
3
Start of construction shall mean the date the building
permit was issued for the relevant improvements, provid-
ed that the actual start of construction, repair, reconstruc-
tion, placement or other improvement was occurred
within one hundred eighty (180) days of the building
permit date and the work proceeded in accordance with
such building permit. For structural development, the
actual start of construction shall mean the first placement
of permanent construction of a structure on a site, such as
the pouring of a slab or footings, the installation of 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 shall not
include land preparation, such as clearing, grading and
filling; nor shall it include the installation of streets
and/or walkways; nor shall it include excavation for a
basement, footings, piers or foundations or the erection
of temporary forms; nor shall 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 shall mean the first alteration of any
3 This definition shall become effective on July 1, 2013.
183 of 244
by FEMA physically revising and republishing one or
more map panels of the effective National Flood Insur-
ance Rate Map to show changes in flood risk zones, de-
lineations and flood elevations of floodplains and
floodways, and/or planimetric features.
Preliminary map revision shall mean a letter from the
Utilities Executive Director officially commenting on,
but not revising, the effective floodplain map, for a pro-
posed project in a City basin floodplain that would, upon
completion, affect the hydrologic or hydraulic character-
istics of a flooding source and thus result in a revision to
the effective floodplain map to show changes in delinea-
tions and flood elevations of floodplains and floodways.
Public infrastructure shall mean any facility, excluding
structures, of a public or private utility providing electric,
telephone, cable TV, fiber-optic, telegraph, water,
wastewater, storm sewer or any other public utility ser-
vice; stormwater improvements identified in any City-
approved drainage master plan; public roads, bridges and
culverts; and traffic signaling equipment that is provided,
required or authorized by any governmental entity having
jurisdiction.
Reconstruct or reconstruction shall mean to rebuild a
structure without increasing its footprint, when the struc-
ture has been: (1) partially or completely destroyed by
any cause (i.e., fire, wind, flood), or (2) partially or com-
pletely torn down. Reconstruction that also meets the
definition of redevelopment shall be regulated hereunder
as redevelopment.
Recreational facilities shall mean facilities or equipment
that are used for private or public recreational or natural
182 of 244
same may be amended or renumbered.
Manufactured home shall mean a structure that is used or
intended for use as a residential structure that is trans-
portable in one (1) or more sections, built on a permanent
chassis and designed to be used with or without a perma-
nent foundation when connected to the required utilities.
It shall not include recreational vehicles or travel trailers,
except when located on a property and in use as perma-
nent living quarters.
Manufactured home park shall mean a parcel (or contig-
uous parcels) of land divided for rent or sale into ten (10)
or more manufactured home lots.
Market value shall mean the value of a structure, exclud-
ing the value of the underlying land, based upon the mar-
ket for comparable properties in the local real estate
market among willing buyers and sellers. Market value
may be established by the County Assessor's assessment
of the actual value of improvementsthe structure, or may
be established by an independent certified appraisal con-
sistent with FEMA standards for the appraisal of im-
provements.
Mixed-use structure shall mean any structure that is used
or intended for use for a mixture of nonresidential and
residential uses in the same structure.
Mobile building shall mean a structure not in use and not
intended for use as a residential structure that is trans-
portable in one (1) or more sections, built on a permanent
chassis and designed to be used with or without a perma-
nent foundation when connected to the required utilities.
It shall not include recreational vehicles, travel trailers or
temporary construction trailers.
Mobile building development shall mean a parcel (or con-
tiguous parcels) of land divided for rent or sale into ten
(10) or more mobile building lots.
No rise shall mean for the Poudre River floodplain and
FEMA basin floodplains a calculated rise in flood depth
of 0.00 feet as defined in the hydraulic models for said
floodplains, and for City basin floodplains shall mean a
calculated rise in flood depth of 0.00 feet as rounded to
the nearest one-tenth (.1) of a foot.
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sanitary facilities, structures and contents of buildings in
a floodplain area, as more specifically set forth in § 10-
38.
Floodway shall mean the channel of a river or other wa-
tercourse and the adjacent land areas that must be re-
served in order to discharge the base flood without
cumulatively increasing the water surface elevation of the
base flood by more than five-tenths (.5) foot.
Floodway modification shall mean any alteration to a
channel thalweg, bed or banks of a floodway that would
change the delineation of the floodway.
Footprint shall mean the aerial extent and location of a
structure at the point at which it meets the ground at
grade level, or at which the floor projects horizontally
above the ground, to the extent portions of the structure
do not meet the ground.
Government services facilities shall mean facilities that
are not essential services facilities but are vital for the
restoration of normal governmental operations. Govern-
ment services facilities shall include, but not be limited
to: central governmental operations facilities, such as
facilities for public records storage, courts, jails, building
permitting and inspection services, community admin-
istration and management, maintenance and equipment
centers (excluding facilities that are redundant of like
facilities that not within a regulatory floodplain); and
essential structures such as dormitories, offices, class-
rooms and laboratories for public higher educational fa-
cilities such as colleges, universities, community colleges
and vocational schools.
Hardship means the effect of a floodplain designation on
the use of a property in light of unusual physical charac-
teristics of the land that are exceptional or peculiar to the
property and not shared by adjacent parcels. Hardship
does not include personal or financial circumstances of
the current owner of the land, such as increased costs,
inconvenience, aesthetic considerations, physical disabil-
ity, timing, mistakes by contractors or advisors, personal
preferences, or the disapproval of neighbors.
Formatted: Font: Italic
Formatted: Font: Italic
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on which manufactured homes or mobile buildings are to
be affixed, including the installation of utilities, either
final site grading or the pouring of concrete pads or the
construction of streets outside of the manufactured home
park or mobile building development. Installation of a
manufactured home or mobile building on a previously
improved lot within a manufactured home park or mobile
building development shall not be deemed to constitute
expansion of manufactured home park or mobile building
development.
FEMA shall mean the Federal Emergency Management
Agency or successor agency.
FEMA basin floodplain shall mean the land in a one-
hundred-year floodplain designated by FEMA. This in-
cludes both areas of a floodplain designated as Zones A,
AE, AO, AH and A1—A30 on the Flood Insurance Rate
Map and any other areas in a basin for which FEMA has
issued a floodplain map that the City has designated as
one-hundred-year floodplain.
FEMA special flood hazard area shall mean areas delin-
eated on the Flood Insurance Rate Map and designated as
Zones A, AE, AO, AH and A1—A30.
Fill shall mean a deposit of materials of any kind placed
by artificial means.
Finished area shall mean an enclosed area that has more
than twenty (20) linear feet of finished walls (paneling,
wallboard or other non-flood-resistant material, for ex-
ample) or that is used for any purpose other than solely
for parking of vehicles, building access or storage.
Five-hundred-year flood shall mean a flood that has a
two-tenths (.2) percent chance of being equaled or ex-
ceeded in any given year.
Five-hundred-year floodplain shall mean the land in a
drainageway within a community subject to a two-tenths
(.2) percent or greater chance of flooding in a given year.
Floatable materials shall mean any material that is not
secured in place or completely enclosed in a structure, so
that it could float off site during the occurrence of a flood
and potentially cause harm to downstream property own-
ers, or that could cause blockage of a culvert, bridge or
other drainage facility. This includes, without limitation,
lumber, vehicles, boats, equipment, trash dumpsters,
tires, drums or other containers, pieces of metal, plastic
179 of 244
structure has been located in a designated floodplain, the
cumulative cost of which equals or exceeds fifty (50)
percent of the market value of the structure before the
start of construction of the improvement, provided that
the footprint of the structure is not increased. The term
cumulative substantial improvement shall include any
repair or reconstruction work on structures that have in-
curred substantial damage. It shall not include any project
for improvement of a structure to correct violations of
state or local health, sanitary or safety code specifications
that have been identified by the local code enforcement
official, including only the minimum improvements nec-
essary to assure safe living conditions. Also, cumulative
substantial improvement shall not include ordinary
maintenance repairs such as interior or exterior painting
or decoration, replacement of windows, doors or other
nonstructural elements, repair or replacement of heating
or air conditioning appliances or hot water heaters, re-
roofing, and utility connections, provided that such im-
provements shall not be excluded from the overall work
when carried out in connection with structural improve-
ments.
Development shall mean any man-made change to im-
proved or unimproved real estate, including, but not lim-
ited to, new construction or modification of buildings or
other structures, mining, dredging, filling, grading, pav-
ing, excavation or drilling operations or storage of
equipment or materials. Development shall also include
any change to, or change of use of, a property or structure
that is within the scope of a restriction or requirement set
out in this Article.
Drainway or drainageway shall mean a natural or artifi-
cial land surface depression with or without perceptibly
defined beds and banks to which surface runoff gravitates
and collectively forms a flow of water continuously or
intermittently in a definite direction.
Dry public road shall mean a public street at the intersec-
tion of a proposed driveway or access road where the
surface of the pavement is at an elevation above the base
flood elevation.
2
2 This definition shall become effective on July 1, 2013.
178 of 244
Flood Insurance Rate Map where depths are between one
(1) and three (3) feet (usually sheet flow on sloping ter-
rain). Average flood depths are determined for this zone.
Appeal shall mean a request for a review of an interpreta-
tion of any provision of this Article made by the Utilities
Executive Director.
At-risk population facilities shall mean facilities that
house or provide shelter or services to children, the in-
firm, or other persons requiring special assistance or care
or life support. At-risk population facilities shall include,
but not be limited to: hospitals; non-ambulatory surgery
centers; elder care, nursing homes and assisted living
facilities; congregate care facilities, residential care fa-
cilities, and group homes; housing intended for occupants
who may not be sufficiently mobile to avoid death or
injury during a flood without special assistance; day care
and child care facilities; public and private schools for all
grade levels below high-school graduation; and before-
school and after-school care facilities and summer day-
camp facilities.
Base flood or one-hundred-year flood shall mean the
flood having a one-percent chance of being equaled or
exceeded in any given year, whether designated as such
by FEMA or by the Utilities Executive Director in the
manner provided in this Article.
Base flood elevation shall mean the elevation for which
there is a one-percent chance in any given year that flood
levels will equal or exceed it.
Basement shall mean any area of a building having its
floor subgrade (below ground level) on all sides and the
interior height of which, measured from the lowest inte-
rior point to the highest point of the foundation, is more
than four (4) feet.
Benchmark shall mean an established monument with a
documented elevation in relation to mean sea level.
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
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plants that have no
alternative location.
Air Transportation Lifelines – airports
(municipal and larger), helicopter pads and
structures serving emergency functions, and
associated infrastructure (aviation control towers,
air traffic control centers, and emergency
equipment aircraft hangars).
To be included. X
ATTACHMENT 5
164 of 244
Safe from
Flooding.”
Must meet
freeboard
requirement.
Poudre River-
Must meet
freeboard
requirements, no
residential and no
critical facilities.
FEMA Basin -
Must meet
freeboard
requirements and
no critical
facilities.
City Basin - NA
NA NA NA NA NA NA NA NA
Variance Hardship Poudre and FEMA
Basins – hardship
must be shown for
variances to FEMA
minimum
standards.
City Basins –
hardship does not
need to be shown.
Hardship must be
shown for
variances to FEMA
minimum
standards.
Hardship must be
shown for
variances to State
standards.
Poudre and FEMA
Basins – hardship
must be shown for
variances to State
standards.
City Basins –
hardship must be
shown for
variances to State
standards.
NA NA NA NA NA NA NA NA
Note: This is not a complete itemization of all floodplain regulations. It is a summary of key regulations reviewed and changed by the State.
127 of 244
Basins = 18 inches
above flood level.
At flood level. 12 inches above
flood level.
Poudre River = 24
inches above flood
level.
City and FEMA
Basins = 18 inches
above flood level.
none none none none none none none none
Freeboard for
additions,
substantial
improvements and
accessory
structures
Poudre River = 24
inches above flood
level.
City and FEMA
Basins = 6 inches
above flood level.
At flood level. 12 inches above
flood level.
Poudre River = 24
inches above flood
level.
City and FEMA
Basins = 12 inches
above flood level.
none none none none none none none none
Remodels or repair
of damaged
buildings -
improvements to
be included in
substantial damage
calculation.
Poudre River and
FEMA Basins –
include all items.
City Basins –
include only items
below the Flood
Protection
Elevation.
Include all items. Include all items.
Poudre River and
FEMA Basins –
include all items.
City Basins –
include all items.
none none none none none none none none
Critical facilities Not allowed –
Essential Service,
At-Risk Population
and Hazardous
Material Critical
Facilities. See
Attachment 2 for
types of critical
facilities.
Allowed. Not allowed or
must elevate 2 feet
and have dry
access. See
Attachment 2 for
types of critical
facilities.
Not allowed -
Essential Service,
At-Risk
Population,
Government
Services and
Hazardous
Materials. See
Attachment 3 for
types of critical
facilities.
Not Allowed –
Essential Service
and At-Risk
Population.
Allowed Allowed. Not Allowed –
Essential Service
and At-Risk
Population. See
Attachment 3 for
types of critical
facilities.
Allowed Allowed Allowed Allowed
Special exception
for properties to be
removed by future
capital
improvement
Poudre River and
FEMA Basins -
No, must wait for
project to be done
or follow
regulations.
City Basins - It is
the Utilities
Executive Director
decision once
project is under
construction.
No, must wait for
project to be done
or follow regs
No, must wait for
project to be done
or follow regs.
Poudre River and
FEMA Basins -
No, must wait for
project to be done
or follow
regulations.
City Basins - No,
must wait for
project to be done
or follow
regulations.
No, must wait for
project to be done
or follow regs.
No, must wait for
project to be done
or follow regs.
No, must wait for
project to be done
or follow regs.
No, must wait for
project to be done
or follow regs.
Poudre River and
FEMA Basins -
No, must wait for
project to be done
or follow
regulations.
City Basins - NA
No, must wait for
project to be done
or follow regs
No, must wait for
project to be done
or follow regs.
Poudre River and
FEMA Basins -
No, must wait for
project to be done
or follow
regulations.
City Basins - NA
July 18, 2013
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