HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/05/2013 - ITEMS RELATING TO THE ADOPTION OF THE COLORADO WATAgenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY November 5, 2013
City Council
STAFF
Marsha Hilmes-Robinson, Civil Engineer III
Jon Haukaas, Water Engineer Field Operations Manager
Ken Sampley, Stormwater/Floodplain Program Manager
Brian Varrella, Civil Engineer III
SUBJECT
Items Relating to the Adoption of the Colorado Water Conservation Board Floodplain Regulations.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 160, 2013, Amending Chapter 10 of the City Code Regarding Flood
Hazard Areas to Conform to Colorado Water Conservation Board Floodplain Regulations.
B. First Reading of Ordinance No. 161, 2013, Amending Chapter 10 of the City Code Regarding Flood
Hazard Areas to Clarify Certain Provisions.
C. First Reading of Ordinance No. 162, 2013, Amending Chapter 10 of the City Code Regarding Flood
Hazard Areas to Revise Certain Requirements.
The purpose of this item is to adopt new minimum statewide floodplain regulations promulgated by the
Colorado Water Conservation Board (CWCB) in January 2011 and additional proposed Code language
clarifications and City policy revisions. All communities must adopt the CWCB regulations 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
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.
1. The need for increased public safety in times of ever-growing flood losses around the country.
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2. Regulations that would result in lower flood insurance premiums statewide.
3. Clarification that all state agencies must comply with the Rules.
4. 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’s 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 (Rules). 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 comments from the CWCB and FEMA and has made minor changes to the
proposed revisions to address these comments. 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.
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:
1. Reduce flood damage to insurable property
2. Strengthen and support the insurance aspects of the NFIP
3. 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.
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A. Ordinance No. 160, 2013 – Amending Chapter 10 of City Code Regarding Flood Hazard Areas
to Conform to Colorado Water Conservation Board Floodplain Regulations.
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
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.
Other sections of code were revised to reflect the new critical facility categories.
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.
3. 10-80 and 10-113 - LOMR-Fill Freeboard - Rule 11 C (p.23, Attachment 4) - Requires 1 foot of
freeboard for all LOMR-Fill areas, including those where the LOMR-Fill occurred in the past and
for those properties annexed into the City of Fort Collins. The requirement for a floodplain use
permit is also included.
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.
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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)
Additional Required Changes
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 - Flood Hazard Area is modified to include areas removed from the floodplain
by a LOMR-Fill
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.”
10-20 - Application to Certain Lands - Clarification that properties removed from the floodplain
by a LOMR-Fill are subject to the provisions of this Article.
10-27 Floodplain Use Permit - minor wording change
10-29 Conditions for Variance - wording changes required by FEMA for historic structures.
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.
B. Ordinance No. 161, 2013 – Amending Chapter 10 of City Code Regarding Flood Hazard Areas
to Clarify Certain Provisions.
Several clarification items have been identified by staff to assist in implementing the CWCB regulations
and the City’s current Code language. These items include references to updated FEMA publications,
code language that is not written clearly, 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:
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10-16 - Definitions - Add a definition for the word “Abandoned” to facilitate implementation of the
nonconforming structures standards in Section 10-46(1).
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 - Letter of Map Amendment and Letter of Map Revision revise by removing
the word “National.”
10-16 - Definitions - Market value is modified with minor clarifications.
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.
10-26(11) - Provide the Executive Director the ability to require escrow for improvements that are
required as part of approval of a floodplain use permit.
10-27 Floodplain Use Permit - Add several clarifications:
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.”
Clarify that an escrow may be required.
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.
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C. Ordinance No. 162, 2013 – Amending Chapter 10 of City Code Regarding Flood Hazard Areas
to Revise Certain Requirements.
Unrelated to the State mandatory changes, City staff has identified policy and procedure changes to the
City’s floodplain regulations. Listed below are the City code sections along with an explanation of the
proposed change:
10-45 - Map Revision Criteria - 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.
10-80 - 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 Revision based on Fill (LOMR-F) has
been issued. This provision should have been included in March 2013 when the ERPP code
language was adopted.
10-80 - Freeboard for LOMR-Fill Areas - For LOMR-Fill areas that did not have a required freeboard
as a condition of their approval or that were annexed into the City of Fort Collins, this provision
increases the required freeboard for LOMR-Fill from the minimum one foot State requirement, as
provided in Ordinance A, to the elevation requirements set forth in Section 10-37.
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.
10-113 - Freeboard for LOMR-Fill Areas - For LOMR-Fill areas that did not have a required
freeboard as a condition of their approval or that were annexed into the City of Fort Collins, this
provision increases the required freeboard for LOMR-Fill from the minimum one foot State
requirement, as provided in Ordinance A, to the elevation requirements set forth in Section 10-37.
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.
FINANCIAL / ECONOMIC IMPACT
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
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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 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.
BOARD / COMMISSION RECOMMENDATION
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.
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 October 23, 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
Based on feedback from Council during the September 24, 2013 Work Session, staff sent a postcard to
all floodplain property owners to notify them of the proposed changes (Attachment 9).
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
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feel that this was meeting the intent of defining abandoned and therefore, this suggestion was not
incorporated.
In addition, staff responded in writing to questions from Mickey Willis regarding the regulations.
There were several calls received from the postcard that was sent. Many property owners wanted to
know if the changes required them to purchase flood insurance. A few wanted to know specifics about
their property and any impacts specific to them. However, most callers did not have any plans to modify
or redevelop their property and therefore were not concerned about the regulations.
ATTACHMENTS
1. Letter from Mayor Hutchinson
2. City Formal Comment on CWCB Regulations
3. Floodplain Regulation Comparison Table
4. CWCB Rules and Regulations
5. Critical Facility Comparison
6. FEMA Letter
7. Water Board minutes, August 15, 2013
8. Planning and Zoning Board minutes, August 8, 2013
9. CWCB postcard
10. Work Session Summary, September 24, 2013
11. Power Point Presentation
ATTACHMENT 1
ATTACHMENT 2
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
2
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
3
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.
4
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.
5
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
6
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
10
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.
14
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.
15
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,
16
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,
17
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
18
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,
22
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:
24
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
25
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.
30
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.
31
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.
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
2
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
3
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.
4
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
5
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.
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
2
ATTACHMENT 6
ATTACHMENT 7
ATTACHMENT 8
fcgov.com/utilities • utilities@fcgov.com • 970-221-6700 • TDD 970-224-6003
Proposed Floodplain Regulation Revisions
REQUIRED STATEWIDE REGULATIONS
In January 2011, the Colorado Water
Conservation Board (CWCB), the State agency
responsible for floodplain management,
adopted minimum statewide floodplain
regulations. All communities in Colorado
must adopt the new standards by January 2014.
The City of Fort Collins already has adopted
many of these standards, so relatively few
changes are needed.
CITY POLICY REVISIONS
Additionally, the City is proposing some
floodplain policy and procedural modifications.
10/13
FOR MORE INFORMATION
To learn more about the proposed changes,
visit fcgov.com/utilities/floodplain-regs or call
970-221-6700.
The proposed changes will be considered by
City Council at the regularly scheduled Council
meeting on November 5.
fcgov.com/facebook
@fortcollinsgov
ATTACHMENT 9
Proposed floodplain regulation revisions to
be considered by City Council on November 5.
ATTACHMENT 10
10/29/2013
1
1
Colorado Water Conservation Board
Floodplain Regulations Update
City Council Meeting Nov. 5, 2013
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 11
10/29/2013
2
3
Fort Collins 2013
East Vine Drive, September 13, 2013
Affected Areas
• All regulated
floodplains
• Most impact to City
basin floodplains
–Old Town
– Canal Importation
– West Vine
– Fossil Creek
– Mail Creek
– McClellands Creek
10/29/2013
3
5
Ordinances Being Considered
• Ordinance A – CWCB Required Changes
• Ordinance B – Clarifications to go along with
CWCB Changes
• Ordinance C – Proposed City Policy and
Procedural Changes
6
Ordinance A – CWCB Required Changes
• Additional critical facilities to be regulated
• Higher freeboard for additions, substantial
improvements, unconditioned LOMR-Fills
• Additional items to be included in substantial
improvement cost determinations for City Basin
Floodplains
• 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
10/29/2013
4
7
Types of Critical Facilities
• Essential Services
• Hazardous Material Facilities
• At-risk Population Facilities
• Government Services
8
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
10/29/2013
5
9
Higher Freeboard
• New structures - already have higher freeboard
– Poudre River = 2 feet
– FEMA and City floodplains = 18 inches
• Additions and Substantial Improvements - greater
protection of new additions and substantially
improved structures in FEMA and City Floodplains
– Increase from
6 inches to 1 foot
• LOMR-Fills that were
unconditioned
– 1 foot
100-year
flood level
Existing
House
Addition
elevated 1 foot fill
10
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.
10/29/2013
6
11
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.
12
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.
10/29/2013
7
13
What Happens if the City Does Not
Adopt the CWCB 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
14
Ordinance B – Clarifications to go
along with CWCB Changes
• Definitions
• Only Land Surveyor can complete FEMA Elevation
Certificate.
• Utilities Executive Director ability to require Escrow
• Floodplain Use Permit Clarifications
• Floodproofing Certificate Clarifications
10/29/2013
8
15
Ordinance C – Proposed City Policy
and Procedural Changes
• Map Revision Criteria
• Emergency Response and Preparedness Plan
requirement for LOMR-Fill areas
• Freeboard for LOMR-Fill
areas
• LOMR-Fill annexation
requirements =
April 1999 flooding on the Poudre River
16
LOMR-Fill
• Increases freeboard from State-required 1 ft. (Ord. A)
• Adds a provision that the requirements apply even if
the LOMR-F occurred when not located in the City or
was unconditioned.
• 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.
10/29/2013
9
17
Public Outreach
• Boards and Commissions
– Water Board
– Planning and Zoning Board
• Citizen Groups
– Chamber of Commerce, Home Builders Association,
Landmark Preservation Commission
• Other City Departments
• Floodplain Property Owners
– Postcard sent to all floodplain
properties in UGA
• City-wide
– Press Release and Web page
- 1 -
ORDINANCE NO. 160, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING FLOOD HAZARD AREAS TO CONFORM TO
COLORADO WATER CONSERVATION BOARD
FLOODPLAIN REGULATIONS
WHEREAS, requirements and restrictions specific to development and related activities
in the flood hazard areas in the city are set forth in Article II of Chapter 10 of the Code of the
City of Fort Collins (the “City Code”); and
WHEREAS, the City’s regulation of flood hazard areas is subject to the requirements of
the Federal Emergency Management Agency (“FEMA”) and the Colorado Water Conservation
Board (“CWCB”), which each promulgate and enforce their own related regulations; and
WHEREAS, in January 2011, the CWCB promulgated new minimum statewide
floodplain regulations (the “CWCB Regulations”), which require that all local communities
adopt regulations at least as strict as the CWCB Regulations by January 2014; and
WHEREAS, although many of the requirements included in the CWCB Regulations are
already included in the City Code, some revisions to the City Code are needed in order to fully
comply with the CWCB Regulations; and
WHEREAS, the City Council considered the proposed revisions to the City Code to
conform to the CWCB Regulations, together with other proposed City Code changes related to
regulation of flood hazard areas, at its work session on September 24, 2013; and
WHEREAS, the City Council believes it would be in the best interests of the City to approve the
revisions set forth herein, in order to conform to the requirements of CWCB and the CWCB
Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 10-16 of the Code of the City of Fort Collins is hereby
amended by adding the following new definitions and amending existing definitions, to read in
their entirety as follows:
…
At-risk population facilities shall mean facilities that house or provide shelter or services to
children, the infirm, 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 facilities, 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
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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.
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, delineations and flood elevations of floodplains and floodways.
Critical facilities shall mean structures or facilities, but not the land on which they are situated,
that if flooded 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
population 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 including
retail structures and facilities that only stock and store products containing such substances in
factory-sealed containers; hospitals, nursing homes, group homes, residential care facilities,
congregate care facilities and housing likely to contain occupants who may not be sufficiently
mobile to avoid death or injury during a flood; schools; daycare facilities; cemeteries; police
stations, fire stations, vehicle and equipment storage facilities and emergency operations centers
that are needed for 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.
…
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 limited to: public safety facilities such as police stations, fire
and rescue stations, emergency operations centers, storage facilities for emergency vehicles and
equipment; emergency medical facilities such as hospitals, ambulance service centers, urgent
care centers and non-ambulatory surgical centers; designated emergency shelters;
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 private utility
plant facilities for generation, treatment and distribution, such as transmission and distribution
hubs and control centers, water treatment plants, electric substations, 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, helicopter pads and appurtenances serving emergency functions, and associated
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infrastructure such as aviation control towers, air traffic control centers, and emergency
equipment aircraft hangars.
Flood hazard area shall mean the Poudre River floodplain, a FEMA basin floodplain, a City
basin floodplain, an area removed from a floodplain by a LOMR-Fill, or an erosion buffer zone.
Government services facilities shall mean facilities that are not essential services facilities but are
vital for the restoration of normal governmental operations. Government 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
administration and management, maintenance and equipment centers (excluding facilities that
are redundant of like facilities that are not within a regulatory floodplain); and essential
structures such as dormitories, offices, classrooms and laboratories for public higher educational
facilities such as colleges, universities, community colleges and vocational schools.
…
Hazardous materials facilities shall mean facilities that produce, use or store highly volatile,
hazardous, flammable, explosive, toxic and/or water-reactive materials, liquids, 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 pharmaceutical 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 propane storage
or sales facilities. Hazardous materials facilities shall not include retail structures and facilities
that only stock and store products in factory-sealed containers.
…
Physical map revision (PMR) shall mean a formal action by FEMA physically revising and
republishing one or more map panels of the effective National Flood Insurance Rate Map to
show changes in flood risk zones, delineations 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 proposed project in a City
basin floodplain that would, upon completion, affect the hydrologic or hydraulic characteristics
of a flooding source and thus result in a revision to the effective floodplain map to show changes
in delineations and flood elevations of floodplains and floodways.
…
Section 2. That Section 10-19 of the Code of the City of Fort Collins is hereby
amended to read as follows:
…
The floodplain studies or reports incorporated herein by this reference are as follows:
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(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.
d. Fossil Creek floodplain.
e. Mail Creek floodplain.
f. McClellands Creek floodplain.
g. Foothills floodplain.
(4) Erosion buffer zones (see Division 7):
a. Fossil Creek erosion buffer zone.
b. Boxelder Creek erosion buffer zone.
c. McClellands Creek erosion buffer zone.
d. Mail Creek erosion buffer zone.
Section 3. That Section 10-20 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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, erosion 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
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annexation and thereafter, and any development activities upon such lands after the date of
annexation shall comply with this Article.
Section 4. That Section 10-26 of the Code of the City of Fort Collins is hereby
amended to read as follows:
…
(9) Making interpretations, where needed, as to the exact location of the boundaries of flood
hazard areas, for example, where there appears to be a conflict between the map boundary
and actual field conditions. 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, pursuant to Division 7 of this Article; and
(11) Collecting and administering escrow accounts for floodplain use permits.
Section 5. That Section 10-27 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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 required for any construction or development of or affecting 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. Application 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 present
and proposed, fill, storage of materials and drainage facilities; and the location of the
foregoing.…
Section 6. That Section 10-29 of the Code of the City of Fort Collins is hereby amended to
read as follows:
…
(b) Variances may be issued for the reconstruction, rehabilitation or restoration of historic
structures without regard to the procedures set forth in the remainder of this Section.Variances
may be issued, without regard to the requirements set forth in the remainder of this Section, for
the repair or rehabilitation of historic structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure’s continued designation as a historic structure and
the variance is the minimum necessary to preserve the historic character and design of the
structure.
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(c) If the variance sought under this Section would exempt 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 Regulations 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 Section.
(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 determination that the variance is the minimum
necessary, considering 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 Article or any additional threat to
public safety or to public or private property, any extraordinary public expense, any nuisance
or trespass, any fraud on or victimization of the public as identified in this Article, 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.
Section 7. That Section 10-37 of the Code of the City of Fort Collins is hereby
amended to read as follows:
…
(2) FEMA basin and City basin floodplains:
a. For new construction and redevelopments, eighteen (18) inches above the base flood
elevation;
b. For additions and substantial improvements, six twelve (126) inches above the base
flood elevation; and
c. For accessory structures, six twelve (612) inches above the base flood elevation;
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(3) City basin floodplain:
a. For new construction and redevelopment, eighteen (18) inches above the base flood
elevation;
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.
…
Section 8. That Section 10-41 of the Code of the City of Fort Collins is hereby
amended to read in its entirety as follows:
Sec. 10-41. Specific standards for mobile buildings and manufactured homes.
Any mobile building or manufactured home, where permitted, that is placed, relocated,
redeveloped or substantially 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
foundation 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) additional 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, except that only four (4)
additional frame ties per side shall be required for manufactured homes and mobile buildings
less than fifty (50) feet long.
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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
applicable 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 must be placed in a manner and location
such that the requirements of § 26-544 are met.
Section 9. That Section 10-80 of the Code of the City of Fort Collins is hereby
amended to read in its entirety as follows:
Sec. 10-80. Removal of property from Poudre River flood fringe.
(a) LOMR/PMR. Property located in the flood fringe of the Poudre River shall be considered
removed from the flood fringe, if one (1) of the following conditions is satisfied, but shall remain
subject to the provisions of this Section:
(1) LOMR/PMR. A 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 by FEMA and remains in effect. Any
property removed from the flood fringe pursuant to this Subsection (a) that remains in the
five-hundred-year floodplain shall be subject to all requirements and prohibitions of this
Article pertaining to the five-hundred-year floodplain.; or
(b)(2) LOMR-F. Property located in the flood fringe of the Poudre River shall be
considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill
(LOMR-F) removing the property from the flood fringe based on fill has been issued by FEMA
and remains in effect.
(1) LOMR-F Review and Approval. The Utilities Executive Director shall review
any application for a A FEMA Letter of Map Revision based on Fill (LOMR-F) LOMR-F
removing the property from the flood fringe, and the following conditions shall apply to
any LOMR-F certified by the City as reasonably safe from flooding: has been issued and
remains in effect. Upon issuance by FEMA of a LOMR-F removing the property from
the flood fringe, the following requirements and restrictions shall remain applicable
unless and until the LOMR-F is invalidated or superseded by FEMA action:
a. A floodplain use permit shall be obtained for any development in a LOMR-F area.
ab. Construction of any new residential or mixed-use structure is prohibited.
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bc. 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.
cd. Any new structure, accessory structure, attached garage or addition, substantial
improvement 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:
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 requirements of § 10-38 may be substituted for
compliance with the applicable requirements of Subsection 10-37(b).
de. Critical facilities and expansions of critical facilities are prohibited.
ef. 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 replacement 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
nonconforming manufactured mobile home parks and mobile building
developments are prohibited.
3. Expansion of a manufactured home park or a mobile building
development is prohibited.
(b2) Unconditional or Annexed LOMR-F Approvals. For any new structure, accessory
structure, attached garage or addition, substantial improvement or redevelopment based
on a LOMR-F that did not include the conditions described in Subsection (b)(1) or that
was approved prior to annexation to the city, the development must meet the
requirements of § 10-37, in addition to meeting all conditions of the LOMR-F approval,
except that:
1. The applicable flood protection elevation required shall be twelve (12) inches
above the base flood elevation, regardless of the elevation level stated in § 10-37;
and
2. For nonresidential structures and mixed-use structures with all residential use on a
floor completely above the regulatory flood protection elevation, compliance with the
requirements of § 10-38 may be substituted for compliance with the elevation
requirement in this Subsection (b)(2).
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(3) Five-Hundred Year Floodplain Requirements Applicable. If the Any property
considered removed from the flood fringe pursuant to this Subsection (ba) of this Section
that remains in the five-hundred-year floodplain after such removal, any development on
the property shall comply withbe subject to all requirements and prohibitions of this
Article pertaining to the five-hundred-year floodplain.
Section 10. That Section 10-81(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
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 facilities, 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 facilities that constitute
critical facilities solely because they produce, use or store hazardous, flammable,
explosive, 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.
Section 11. That the title of Division 5 of the Code of the City of Fort Collins is
hereby amended to read as follows:
Division 5
FEMA Basin and City Basin Floodplains
Section 12. That Section 10-102 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-102. Specific standards for residential development in floodways of FEMA basin
floodplains.
In addition to complying with all other applicable provisions 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
provisions and any other provision of this Article, the more restrictive provision shall control.
…
Section 13. That Section 10-103 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-103. Specific standards for nonresidential development in floodways of FEMA
basin floodplains.
In addition to complying with all other applicable provisions of this Article, all nonresidential
development in the floodway of a FEMA basin floodplain or a City basin floodplain shall
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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.
…
Section 14. That Section 10-104 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-104. Specific standards for mixed-use development in floodways of FEMA basin
floodplains.
In addition to complying with all other applicable provisions 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
provisions and any other provision of this Article, the more restrictive provision shall control.
…
Section 15. That Section 10-105 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-105. Specific standards for nonstructural development in floodways of FEMA
basin floodplains.
In addition to complying with all other applicable provisions 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
provisions and any other provision of this Article, the more restrictive provision shall control.
…
Section 16. That the title of Section 10-106 of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 10-106. Floodway encroachments in floodways of FEMA basin floodplains.
…
Section 17. That Section 10-107 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-107. Change of use in floodways of FEMA basin floodplains.
No person shall change the use of any structure or property, 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.
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Section 18. That Section 10-108 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-108. Specific standards for residential development in flood fringe of FEMA basin
floodplains.
In addition to complying with all other applicable provisions 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 conflict between any of the following
provisions and any other provision of this Article, the more restrictive provision shall control.
Section 19. That Section 10-109 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-109. Specific standards for nonresidential development in flood fringe of FEMA
basin floodplains.
In addition to complying with all other applicable provisions 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 provisions unless removed from the flood fringe by approval of a
LOMR in accordance with § 10-113. If there is any conflict between any of the following
provisions and any other provision of this Article, the more restrictive provision shall control.
…
Section 20. That Section 10-110 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-110. Specific standards for mixed-use development in flood fringe of FEMA basin
floodplains.
In addition to complying with all other applicable provisions 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 conflict between any of the following
provisions and any other provision of this Article, the more restrictive provision shall control.
…
Section 21. That Section 10-111 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-111. Specific standards for nonstructural development in flood fringe of FEMA
basin floodplains.
In addition to complying with all other applicable provisions of this Article, all nonstructural
development in the flood fringe of a FEMA basin floodplain or a City basin floodplain shall
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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 following provisions and any other provision of this Article, the more restrictive
provision shall control.
…
Section 22. That Section 10-112 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-112. Change of use in flood fringe of FEMA basin floodplains.
No person shall change the use of any structure or property, or any portion thereof, located in the
flood fringe 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.
Section 23. That Section 10-113 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-113. Removal of property from flood fringe of FEMA basin floodplains.
(a) LOMR/PMR. Property 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 considered removed from the flood fringe if one (1) of the following
conditions is satisfied:
(1) LOMR/PMR. a 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 has been issued by FEMA and remains in effect.; or
(b)(2) LOMR-Fill. Property located in the flood fringe of a FEMA basin floodplain shall be
considered removed from the flood fringe if a 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 based on fill has been issued by FEMA and remains
in effect., the following requirements and restrictions shall remain applicable:
(1) LOMR-F Review and Approval. The Utilities Executive Director shall review
any application for a LOMR-F removing property from the flood fringe based on
fill, and the following conditions shall apply to any LOMR-F certified by the City
as reasonably safe from flooding:
a. A floodplain use permit shall be obtained for any development in a LOMR-F area.
ba. Any new structure, accessory structure, attached garage, or addition, substantial
improvement or redevelopment must meet all applicable requirements, including, but
not limited to, the requirements of § 10-37, except that:
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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 requirements of § 10-38 may be substituted for compliance
with the applicable requirements of Subsection 10-37(b).
cb. Critical facilities and expansions of critical facilities are prohibited.
dc. 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 replacement manufactured home or mobile building complies with all
applicable requirements, including, but not limited to, the requirements of § 10-41.
2. Manufactured home parks and mobile building developments, other than
nonconforming manufactured home parks and mobile building developments, are
prohibited.
3. Expansion of a manufactured home park or a mobile building
development is prohibited.
(b2) Unconditional or Annexed LOMR-F Approvals. For any new structure, accessory
structure, attached garage or addition, substantial improvement or redevelopment based
on a LOMR-F that did not include the conditions described in Subsection (b)(1) or that
was approved prior to annexation to the city, the development must meet the
requirements of § 10-37, in addition to meeting all conditions of the LOMR-F approval,
except that:
1. The applicable flood protection elevation required shall be twelve (12) inches
above the base flood elevation, regardless of the elevation level stated in § 10-37;
and
2. For nonresidential structures and mixed-use structures with all residential use on a
floor completely above the regulatory flood protection elevation, compliance with the
requirements of § 10-38 may be substituted for compliance with the elevation
requirement in this Subsection (b)(2).
(b) 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 Subsection 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 technical analysis consistent with floodplain modeling guidelines and
standards established 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.
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Section 24. That Section 10-114 of the Code of the City of Fort Collins is hereby
deleted and replaced with a new Section 10-114 to read as follows:
Sec. 10-114. Waiver of requirements for City designations 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 hazard designation pursuant to Subsection
10-19(a). The Utilities Executive Director may waive such requirements and issue a floodplain
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 floodplain permit to issue for the proposed development hereunder,
considering:
(1) The nature of the proposed development and related flood risks; and
(2) The level of certainty that the capital project will proceed to completion, which shall at a
minimum include 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 completion; 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 apply to any
nonconforming structure.
Sec. 10-114. Removal of property from flood fringe of City basin floodplains.
The Utilities Executive Director may remove property from the flood fringe of a City basin
floodplain upon approval of a final map revision based upon floodplain modeling and technical
analysis consistent with floodplain modeling guidelines and standards established 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.
- 16 -
Section 25. That Division 6 of Article 2 of Chapter 10 of the Code of the City of Fort
Collins regarding City Basin Floodplains is hereby deleted in its entirety as follows and reserved
for future use:
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 basin, the West Vine basin, the Canal Importation basin, the Fossil Creek basin, the
Mail Creek basin, the McClellands 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 all other applicable requirements of this Article, including without limitation the
requirements applicable to erosion buffer zones as set forth in Division 7.
Sec. 10-132. Specific standards for residential development in floodways of City basin
floodplains.
In addition to complying with all other applicable provisions of this Article, all residential
development in thefloodway 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 residential structures is prohibited.
(2) Addition. Addition to a residential structure is prohibited, except for addition of a new
attached garage, as set forth herein.
(3) Remodeling and repairs.
a. Remodeling or repair of a residential structure 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 connection with any remodeling or repair of a residential structure.
c. No basement below the regulatory flood protection elevation may remain upon any
substantial improvement of a residential structure.
(4) Redevelopment.
a. Redevelopment of a residential structure is allowed, provided that 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 any redevelopment of a residential structure.
- 17 -
c. No basement below the regulatory flood protection elevation may remain upon any
redevelopment of a residential structure.
(5) Manufactured homes.
a. Manufactured homes, other than nonconforming 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 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 requirements, including, but not
limited to, the requirements 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 residential 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 attached garage.
b. For a garage attached to a residential 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, including, but not limited to, the
requirements of § 10-45 and the requirements of § 10-37, are met.
b. Remodeling and repair of an accessory structure is allowed, provided that, for 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, upon completion
of any substantial improvement, all applicable requirements, including, but not limited
to, the requirements 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).
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e. No new basement may be constructed below the regulatory flood protection elevation
in any accessory structure.
f. A nonconforming basement below the regulatory flood protection elevation may
remain inan accessory structure, provided that, upon completion of any substantial
improvement or redevelopment, 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, including, but not limited to, the requirements of § 10-45, are met.
(9) Critical facilities. Critical facilities are prohibited.
Sec. 10-133. Specific standards for nonresidential development in floodways of City basin
floodplains.
In addition to complying with all other applicable provisions 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 control.
(1) New construction.
a. Construction of new nonresidential structures 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.
b. For a new 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 a new nonresidential structure.
(2) Addition.
a. Addition to a nonresidential 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.
b. For an addition to 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 an addition to a nonresidential structure.
(3) Remodeling and repairs.
- 19 -
a. Remodeling or repair of a nonresidential structure 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 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 connection with any remodeling or repair of a nonresidential structure.
d. A nonconforming basement below the regulatory flood protection elevation may
remain upon the remodeling or repair of a nonresidential structure, provided that, upon
completion of
any substantial improvement, all applicable requirements, including, 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
requirements, including, but not limited to, the requirements of § 10-37, are met.
b. For 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. No new basement may be constructed below the regulatory flood protection elevation
in connection with any redevelopment of a nonresidential structure.
d. A nonconforming basement below the regulatory flood protection elevation may
remain upon the redevelopment of a nonresidential structure, provided that all applicable
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
replaced, provided that the replacement mobile building complies with all applicable
requirements, including, but not limited to, the requirements of § 10-41.
2. Installation of a mobile building on a nonconforming previously improved lot in a
nonconforming mobile building development is allowed, provided that the new mobile
building complies with all applicable requirements, including, but not limited to, the
requirements of § 10-41.
- 20 -
b. Development of a mobile building development is prohibited.
c. Expansion of a mobile building development is prohibited.
(6) Attached garages.
a. Addition of an attached garage to a nonresidential 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 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, including, but not limited to, the
requirements of § 10-45 and the requirements of § 10-37, are met.
b. Remodeling and repair of an accessory structure 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
requirements, including, but not limited to, the requirements 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 regulatory flood protection elevation may
remain in an accessory structure, provided that, upon completion of any substantial
improvement or redevelopment, 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, including, but not limited to, the requirements of § 10-45, are met.
(9) Critical facilities. Critical facilities are prohibited.
Sec. 10-134. Specific standards for mixed-use development in floodways of City basin
floodplains.
- 21 -
In addition to complying with all other applicable provisions 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 residential 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 addition.
c. For an addition to the nonresidential use portions 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 structure 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 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 remodeling or repair of a mixed-use structure.
d. A nonconforming basement below the regulatory flood protection elevation may
remain in connection with the remodeling or repair of a mixed-use structure, provided
that, upon completion of any substantial improvement:
1. All residential use is on a floor completely above the regulatory flood protection
elevation; and
2. All applicable requirements, including, but not limited to, the requirements of § 10-
38, are met.
(4) Redevelopment.
- 22 -
a. Redevelopment of a mixed-use structure is allowed, provided that all applicable
requirements, including, but not limited to, the requirements 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 protection 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 regulatory 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
elevation; 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 limited to, the requirements of § 10-45 and
the requirements of § 10-37, are met by the attached garage.
b. For a garage attached to a mixed-use 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).
(6) Accessory structures.
a. Construction of a new accessory structure or addition to an accessory 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.
b. Remodeling and repair of an accessory structure 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
requirements, including, but not limited to, the requirements 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).
- 23 -
e. No new basement may be constructed below the regulatory flood protection elevation
in any accessory structure.
f. A nonconforming basement below the regulatory flood protection elevation may
remain in an accessory structure, provided that, upon completion of any substantial
improvement or redevelopment, 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, including, but not limited to, the requirements of § 10-45, are met.
(8) Critical facilities. Critical facilities are prohibited.
Sec. 10-135. Specific standards for nonstructural development in floodways of City basin
floodplains.
In addition to complying with all other applicable provisions 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 prohibited, 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 floodwater to
pass freely.
(2) Detention ponds. Construction of new detention ponds is prohibited, unless all applicable
requirements, including, but not limited to, the requirements of § 10-45, are met.
(3) Hard surface paths, trails and walkways. Construction of hard surface paths, trails and
walkways 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 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 requirements, 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, unless 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
- 24 -
increase in base flood elevations is prohibited, unless all applicable requirements, including,
but not limited to, the requirements of § 10-45, are met.
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 requirements of § 10-45, are met.
Sec. 10-137. Change of use in floodways of City basin floodplains.
No person shall change the use of any structure or property, 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.
Sec. 10-138. Specific standards for residential development in flood fringe of City basin
floodplains.
In addition to complying with all other applicable provisions 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
conflict between any of the following provisions and any other provision of this Article, the more
restrictive provision shall control.
(1) New construction.
a. Construction of a new residential structure is allowed, provided that 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 any new residential structure.
(2) Additions.
a. An addition to a residential structure is allowed, provided that 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 any addition to a residential structure.
(3) Remodeling and repairs.
a. Remodeling or repair of a residential structure 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, including any vertical addition, may be excluded
- 25 -
from the calculation of the cost of improvements for the purpose of determining whether
the improvements constitute a substantial improvement.
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 registered professional
engineer to be sufficient to 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 connection with any remodeling or repair of a residential structure.
e. No basement below the regulatory flood protection 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
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
upon any redevelopment of a residential structure.
c. No basement below the regulatory flood protection elevation may remain upon any
redevelopment of a residential structure.
(5) Manufactured homes.
a. Manufactured homes, other than nonconforming manufactured homes, are prohibited,
except that:
1. A nonconforming manufactured home may be replaced, provided that the
replacement 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 requirements, including, but not limited to, the
requirements of § 10-41.
b. Development of a manufactured home park is prohibited.
c. Expansion of a manufactured home park is prohibited.
(6) Attached garages.
- 26 -
a. Addition of an attached garage to a residential structure is allowed, provided that all
applicable requirements, including, but not limited to, the requirements of § 10-37, are
met by the attached garage.
b. For a garage attached to a residential 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, including, but not limited to, the
requirements of § 10-37, are met.
b. Remodeling and repair of an accessory structure 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
requirements, including, but not limited to, the requirements 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 regulatory flood protection elevation may
remain in an accessory structure, provided that, upon completion of any substantial
improvement or redevelopment, all applicable requirements, including, but not limited
to, the requirements of § 10-38, are met.
(8) Critical facilities. Critical facilities are prohibited.
Sec. 10-139. Specific standards for nonresidential development in flood fringe of City
basin floodplains.
In addition to complying with all other applicable provisions 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 provision shall control.
(1) New construction.
- 27 -
a. Construction of a new nonresidential structure is allowed, provided that all applicable
requirements, including, but not limited to, the requirements of § 10-37, are met.
b. For a new 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 a new nonresidential structure, provided that all applicable requirements, including,
but not limited to, the requirements of § 10-38, are met.
(2) Additions.
a. Addition to a nonresidential structure is allowed, provided that all applicable
requirements, 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 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 nonresidential structure, provided that 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 nonresidential structure 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 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, including any vertical addition, may be
excluded from the calculation of the cost of improvements for the purpose of determining
whether the improvements constitute a substantial improvement.
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
registered 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 connection with the remodeling or repair of a nonresidential structure, provided that all
- 28 -
applicable requirements, including, but not limited to, the requirements of § 10-38, are
met.
f. A nonconforming basement below the regulatory 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 limited to, the requirements of § 10-38, are met.
(4) Redevelopment.
a. Redevelopment of a nonresidential structure is allowed, provided that all applicable
requirements, including, but not limited to, the requirements of § 10-37, are met.
b. For 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 connection with the redevelopment of a nonresidential structure, provided that all
applicable requirements, including, but not limited to, the requirements of § 10-38, are
met.
d. A nonconforming basement below the regulatory flood protection elevation may
remain in connection with the redevelopment of a nonresidential structure, provided that
all applicable 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 may be replaced, provided that the replacement
mobile building complies with all applicable requirements, including, but not limited
to, the requirements of § 10-41.
2. Installation of a mobile building on a nonconforming previously improved lot in a
nonconforming mobile building development is allowed, provided that the new mobile
building complies with all applicable requirements, including, but not limited to, the
requirements of § 10-41.
b. Development of a mobile building development is prohibited.
c. Expansion of a mobile building development is prohibited.
(6) Attached garages.
- 29 -
a. Addition of an attached garage to a nonresidential structure is allowed, provided that
all applicable 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).
(7) Accessory structures.
a. Construction of a new accessory structure or addition to an accessory structure is
allowed, provided that all applicable requirements, including, but not limited to, the
requirements of § 10-37, are met.
b. Remodeling and repair of an accessory structure 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
requirements, including, but not limited to, the requirements 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 regulatory flood protection elevation may
remain in an accessory structure, provided that, upon completion of any substantial
improvement or redevelopment, all applicable requirements, including, but not limited
to, the requirements of § 10-38, are met.
(8) Critical facilities. Critical facilities are prohibited.
Sec. 10-140. Specific standards for mixed-use development in flood fringe of City basin
floodplain.
In addition to complying with all other applicable provisions 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
conflict between any of the following provisions and any other provision of this Article, the more
restrictive provision shall control.
(1) New construction.
- 30 -
a. Construction of a new mixed-use structure is allowed, provided that all applicable
requirements, including, but not limited to, the requirements 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 applicable elevation
requirement 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
elevation; 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, including, 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 protection 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
elevation; 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 structure is allowed, provided that 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 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 mixed-use structure, any improvements on a floor that is
entirely above the base flood elevation, including any vertical addition, may be excluded
- 31 -
from the calculation of the cost of improvements for the purpose of determining whether
the improvements constitute a substantial improvement.
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 registered 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 connection 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
elevation; and
2. All applicable requirements, including, but not limited to, the requirements of § 10-
38, are met.
f. A nonconforming basement below the regulatory flood protection elevation may
remain in connection with the remodeling or repair of a mixed-use structure, provided
that, upon completion of any substantial improvement:
1. All residential use is on a floor completely above the regulatory flood protection
elevation; 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
requirements, including, but not limited to, the requirements 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 protection 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 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
elevation; and
2. All applicable requirements, including, but not limited to, the requirements of § 10-
38, are met.
- 32 -
d. A nonconforming basement below the regulatory 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
elevation; 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
applicable requirements, including, but not limited to, the requirements of § 10-37, are
met by the attached garage.
b. For a garage attached to a mixed-use 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).
(6) Accessory structures.
a. Construction of a new accessory structure or addition to an accessory structure is
allowed, provided that all applicable requirements, including, but not limited to, the
requirements of § 10-37, are met.
b. Remodeling and repair of an accessory structure 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
requirements, including, but not limited to, the requirements 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 regulatory flood protection elevation may
remain in an accessory structure, provided that, upon completion of any substantial
improvement or redevelopment, all applicable requirements, including, but not limited
to, the requirements of § 10-38, are met.
(7) Critical facilities. Critical facilities are prohibited.
- 33 -
Sec. 10-141. Specific standards for nonstructural development in flood fringe of City
basin floodplains.
In addition to complying with all other applicable provisions 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
conflict between any of the following 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 restricted.
(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 temporary 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 restricted.
Sec. 10-142. Change of use in flood fringe of City basin floodplains.
No person shall change the use of any structure or property, or any portion thereof, located in the
flood fringe 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. 10-143. 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 Executive Director of a final map revision based upon floodplain modeling and
technical analysis consistent with floodplain modeling guidelines and standards established 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 development in a City
basin floodplain because of the Utilities Executive Director's applicable flood hazard designation
- 34 -
pursuant to Subsection 10-19(b). The Utilities Executive Director may waive such requirements
and issue a floodplain 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 floodplain permit to issue for the proposed
development hereunder considering:
(1) The nature of the proposed development and related flood risks; and
(2) The level of certainty that the capital project will proceed to completion, which shall at a
minimum include 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 completion; 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 apply to any
nonconforming structure.
Section 26. In the event that Ordinance No. 162, 2013, is adopted by the City Council
on second reading at the same meeting that this Ordinance is adopted on second reading, in a
form containing revisions to Section 10-80 of the Code of the City of Fort Collins, then such
Section as revised in Ordinance No. 162 shall take precedence over Section 9 of this Ordinance,
and in such event Section 9 of this Ordinance shall be null and void.
Section 27. In the event that Ordinance No. 162, 2013, is adopted by the City Council
on second reading at the same meeting that this Ordinance is adopted on second reading, in a
form containing revisions to Section 10-113 of the Code of the City of Fort Collins, then such
Section as revised in Ordinance No. 162 shall take precedence over Section 23 of this Ordinance,
and in such event Section 23 of this Ordinance shall be null and void.
- 35 -
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2013, and to be presented for final passage on the 19th day of November, A.D.
2013.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of November, A.D. 2013.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 1 -
ORDINANCE NO. 161, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING FLOOD HAZARD AREAS TO
CLARIFY CERTAIN PROVISIONS
WHEREAS, requirements and restrictions specific to development and related activities
in the flood hazard areas in the city are set forth in Article II of Chapter 10 of the Code of the
City of Fort Collins (the “City Code”); and
WHEREAS, the City’s regulation of flood hazard areas is subject to the requirements of
the Federal Emergency Management Agency (“FEMA”) and the Colorado Water Conservation
Board (“CWCB”), which each promulgate and enforce their own related regulations; and
WHEREAS, in January 2011, the CWCB promulgated new minimum statewide
floodplain regulations (the “CWCB Regulations”), which require that all local communities
adopt regulations at least as strict as the CWCB Regulations by January 2014; and
WHEREAS, although many of the requirements included in the CWCB Regulations are
already included in the City Code, some revisions to the City Code are needed in order to fully
comply with the CWCB Regulations; and
WHEREAS, in its review of the City Code for conformance to the CWCB Regulations,
staff identified certain revisions that would improve the clarity and consistency of Chapter 10;
and
WHEREAS, the City Council considered the proposed revisions to the City Code to
clarify and correct existing provisions in Chapter 10, together with other related revisions, at its
work session on September 24, 2013; and
WHEREAS, the City Council believes it would be in the best interests of the City to
approve the revisions set forth herein, in order to clarify and correct existing provisions in the
City Code regarding activities in flood hazard areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 10-16 of the Code of the City of Fort Collins is hereby
amended by adding the following new definitions, and amending existing definitions, to read in
their entirety as follows:
…
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 three hundred sixty-five (365) consecutive days, and meets at least two (2)
of the following conditions:
- 2 -
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 § 5-47;
5. Is under notice for being in violation of one or more City ordinances;
6. Has been secured or boarded up for at least three hundred sixty-five (365) consecutive
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.
…
Cumulative substantial improvement shall mean any combination of repairs, demolition,
reconstruction, rehabilitation or other improvements of a structure, taking place during the life of
the structure during the time the 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 incurred 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 necessary to assure safe living conditions. Also,
cumulative substantial improvement shall not include ordinary maintenance activities 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,
reroofing, and utility connections, provided that such improvements shall not be excluded from
the overall work when carried out in connection with structural improvements.
…
Hardship shall mean the effect of a floodplain designation on the use of a property in light of
unusual physical characteristics 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,
- 3 -
physical disability, timing, mistakes by contractors or advisors, personal preferences, or the
disapproval of neighbors.
…
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, delineations and flood elevations
of floodplains and floodways.
Market value shall mean the value of a structure, excluding the value of the underlying land,
based upon the market 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 consistent with FEMA standards for the appraisal of improvements.
…
Start of construction shall mean the date the building permit was issued for the relevant
improvements, provided that the actual start of construction, repair, reconstruction, 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 wall, ceiling, floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building. For nonstructural development, the
actual start of construction shall mean the physical installation or addition of materials or
improvements that constitute all or any portion of the nonstructural development.
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
application date, 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. Substantial improvement shall include any repair or
reconstruction work performed within said period of time on structures that have incurred
substantial damage. A substantial improvement that meets the definition of redevelopment shall
- 4 -
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 safety code specifications that have been identified by the local code enforcement official,
including only the minimum improvements necessary to assure safe living conditions. Also,
substantial improvement shall not include ordinary maintenance activities 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, reroofing,
and utility connections, provided that such improvements shall not be excluded from the overall
work when carried out in connection with structural improvements.
Section 2. That Section 10-26(4) of the Code of the City of Fort Collins hereby is
amended to read as follows:
(4) Requiring the obtaining and recording by a professional engineer or land surveyor of the
actual elevation 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;
Section 3. That Section 10-27 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subsection (g), and revision of newly renumbered subsection
(h), to read as follows, with all subsequent subsections renumbered accordingly:
…
(g) All floodplain mapping shall meet the requirements set forth in the version of the FEMA
publication “Guidelines and Specifications for Flood Hazard Mapping Partners” 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.
(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) under 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 permit 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 connection 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.
- 5 -
(kj) An applicant for a floodplain use permit shall pay twenty-five dollars ($25.). If the Utilities
Executive Director, 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.).
Section 4. That Section 10-37 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subsection (e), which reads in its entirety as follows:
…
(e) Elevation certificate required. A FEMA elevation certificate, signed and certified by a
registered professional 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.
Section 5. That Section 10-38(3)(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
a. A pre-construction floodproofing certificate, signed and certified by a registered
professional engineer or architect, accurately documenting the proposed floodproofing
elevation;
Section 6. That Section 10-38(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(4) A post-construction floodproofing certificate, signed and certified by a registered
professional engineer 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 occupancy for the structure.
Section 7. That Section 10-41 of the Code of the City of Fort Collins is hereby
amended to read in its entirety as follows:
Sec. 10-41. Specific standards for mobile buildings and manufactured homes.
Any mobile building or manufactured home, where permitted, that is placed, relocated,
redeveloped or substantially 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
- 6 -
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
foundation 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) additional 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, except 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
applicable 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 must be placed in a manner and location
such that the requirements of § 26-544 are met.
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2013, and to be presented for final passage on the 19th day of November, A.D.
2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- 7 -
Passed and adopted on final reading on the 19th day of November, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- 1 -
ORDINANCE NO. 162, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING FLOOD HAZARD AREAS TO
REVISE CERTAIN REQUIREMENTS
WHEREAS, requirements and restrictions specific to development and related activities
in the flood hazard areas in the city are set forth in Article II of Chapter 10 of the Code of the
City of Fort Collins (the “City Code”); and
WHEREAS, the City’s regulation of flood hazard areas is subject to the requirements of
the Federal Emergency Management Agency (“FEMA”) and the Colorado Water Conservation
Board (“CWCB”), which each promulgate and enforce their own related regulations; and
WHEREAS, in its implementation and enforcement of the City Code, City floodplain
staff has identified certain revisions that would refine the requirements applicable to certain
activities in flood hazard areas to address certain policy concerns; and
WHEREAS, the City’s current requirements for floodway mapping are stricter than
required by FEMA, and go beyond the minimum necessary to prevent harmful impacts from
development in the floodway that will reduce, rather than increase, flood elevations; and
WHEREAS, pursuant to FEMA regulations, properties may be removed from a regulated
floodplain by the addition of fill, upon issuance by FEMA of a Letter of Map Revision - Fill
(“LOMR-Fill”); and
WHEREAS, the City Council has determined that the City Code should be amended to
impose certain requirements in areas for which a LOMR-Fill has been issued, so as to extend the
emergency planning and preparedness requirements enacted earlier this year to LOMR-Fill areas
in the Poudre River floodplain; and
WHEREAS, the City Council has further determined that the City Code should be
amended to impose requirements and limitations that the City imposes on new LOMR-Fill areas
to new development in areas for which a LOMR-Fill was previously issued; excluding LOMR-
Fill areas that were annexed to the city before January 2014; and
WHEREAS, the City Council considered these proposed revisions to the City Code,
together with other related revisions, at its work session on September 24, 2013; and
WHEREAS, the City Council believes it would be in the best interests of the City to
approve the revisions set forth herein, in order to revise existing provisions in the City Code
regarding activities in flood hazard areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
- 2 -
Section 1. That Section 10-45(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
…
(2) Map revisions.
a. Conditional map revisions. If any development 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 floodplain permit or initiation of construction or permitted 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
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
permit:
i. technical analysis to correct existing map errors;
ii. technical analysis that incorporates improved technical data; or
iii. technical analysis that applies improved or alternative hydrologic or hydraulic
methodologies.
b. Final map revisions. Upon completion of development or other activities for any
development 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 approved by FEMA, or, for a
City basin floodplain, a final map revision must be approved by the Utilities Executive
Director, prior to issuance of a certificate of occupancy, or, in the event no certificate of
occupancy is required, upon completion of the improvements.
Section 2. That Section 10-80 of the Code of the City of Fort Collins is hereby
amended to read as follows:
- 3 -
Sec. 10-80. Removal of property from Poudre River flood fringe.
(a) LOMR/PMR. Property located in the flood fringe of the Poudre River shall be considered
removed from the flood fringe, if one (1) of the following conditions is satisfied, but shall remain
subject to the provisions of this Section:
(1) LOMR/PMR. A 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 by FEMA and remains in effect. Any
property removed from the flood fringe pursuant to this Subsection (a) that remains in the
five-hundred-year floodplain shall be subject to all requirements and prohibitions of this
Article pertaining to the five-hundred-year floodplain.; or
(b)(2) LOMR-F. Property located in the flood fringe of the Poudre River shall be
considered removed from the flood fringe if a FEMA Letter of Map Revision based on Fill
(LOMR-F) removing the property from the flood fringe based on fill has been issued by FEMA
and remains in effect.
(1) LOMR-F Review and Approval. The Utilities Executive Director shall review
any application for a A FEMA Letter of Map Revision based on Fill (LOMR-F) LOMR-F
removing the property from the flood fringe, and the following conditions shall apply to
any LOMR-F certified by the City as reasonably safe from flooding: has been issued and
remains in effect. Upon issuance by FEMA of a LOMR-F removing the property from
the flood fringe, the following requirements and restrictions shall remain applicable
unless and until the LOMR-F is invalidated or superseded by FEMA action:
a. A floodplain use permit shall be obtained for any development in a LOMR-F area.
ab. Construction of any new residential or mixed-use structure is prohibited.
bc. 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.
cd. Any new structure, accessory structure, attached garage or addition, substantial
improvement 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:
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 requirements of § 10-38 may be substituted for
compliance with the applicable requirements of Subsection 10-37(b).
de. Critical facilities and expansions of critical facilities are prohibited.
ef. Manufactured homes and mobile buildings other than a nonconforming
manufactured home or mobile building are prohibited, except that:
- 4 -
1. A manufactured home or mobile building may be replaced, provided that
the replacement 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
nonconforming manufactured mobile home parks and mobile building
developments are prohibited.
3. Expansion of a manufactured home park or a mobile building
development is prohibited.
g. The emergency planning and preparedness requirements of § 10-48 must be met
for any new construction, addition to or cumulative substantial improvement,
redevelopment or change of occupancy of any structure in the LOMR-F area.
(b2) Unconditional or Annexed LOMR-F Approvals. For any development in an area
removed from the flood fringe through a LOMR-F that did not include the conditions
described in Subsection (b)(1), or that was approved prior to annexation to the city, the
development must meet all requirements of Subsection (b)(1) in addition to meeting all
conditions of the LOMR-F approval, except that, for properties annexed to the city prior
to January 1, 2014, only the following shall apply:
a. The development must meet all conditions of the LOMR-F approval; and
b. For any new structure, accessory structure, attached garage or addition,
substantial improvement or redevelopment, the development must meet the
requirements of § 10-37, except that:
1. The applicable flood protection elevation required shall be twelve (12)
inches above the base flood elevation, regardless of the elevation level stated in
§ 10-37; and
2. For nonresidential structures and mixed-use structures with all residential
use on a floor completely above the regulatory flood protection elevation,
compliance with the requirements of § 10-38 may be substituted for
compliance with the elevation requirement in Subsection (b)(2)(b)(1).
(3) Five-Hundred Year Floodplain Requirements Applicable. If the Any property
considered removed from the flood fringe pursuant to this Subsection (ba) of this Section
that remains in the five-hundred-year floodplain after such removal, any development on
the property shall comply withbe subject to all requirements and prohibitions of this
Article pertaining to the five-hundred-year floodplain.
Section 3. That Section 10-113 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 10-113. Removal of property from flood fringe of FEMA basin floodplains.
(a) LOMR/PMR. Property 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 considered removed from the flood fringe if one (1) of the following
conditions is satisfied:
(1) LOMR/PMR. a 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 has been issued by FEMA and remains in effect.; or
(b)(2) LOMR-Fill. Property located in the flood fringe of a FEMA basin floodplain shall be
considered removed from the flood fringe if a 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 based on fill has been issued by FEMA and remains
in effect., the following requirements and restrictions shall remain applicable:
(1) LOMR-F Review and Approval. The Utilities Executive Director shall review
any application for a LOMR-F removing property from the flood fringe based on
fill, and the following conditions shall apply to any LOMR-F certified by the City
as reasonably safe from flooding:
a. A floodplain use permit shall be obtained for any development in a LOMR-F area.
ba. Any new structure, accessory structure, attached garage, or addition, substantial
improvement 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 requirements of § 10-38 may be substituted for compliance
with the applicable requirements of Subsection 10-37(b).
cb. Critical facilities and expansions of critical facilities are prohibited.
dc. 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 replacement manufactured home or mobile building complies with all
applicable requirements, including, but not limited to, the requirements of § 10-41.
2. Manufactured home parks and mobile building developments, other than
nonconforming manufactured home parks and mobile building developments, are
prohibited.
3. Expansion of a manufactured home park or a mobile building
development is prohibited.
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(2) Unconditional or Annexed LOMR-F Approvals. For any development in an area
removed from the flood fringe through a LOMR-F that did not include the conditions
described in Subsection (b)(1), or that was approved prior to annexation to the city, the
development must meet all requirements of Subsection (b)(1) in addition to meeting all
conditions of the LOMR-F approval, except that, for properties annexed to the city prior
to January 1, 2014, only the following shall apply:
c. The development must meet all conditions of the LOMR-F approval; and
d. For any new structure, accessory structure, attached garage or addition,
substantial improvement or redevelopment, the development must also meet
requirements of § 10-37, except that:
1. The applicable flood protection elevation required shall be twelve (12)
inches above the base flood elevation, regardless of the elevation level stated in
§ 10-37; and
2. For nonresidential structures and mixed-use structures with all residential
use on a floor completely above the regulatory flood protection elevation,
compliance with the requirements of § 10-38 may be substituted for
compliance with the elevation requirement in Subsection (b)(2)(b)(1).(b)
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 Subsection 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 technical
analysis consistent with floodplain modeling guidelines and standards
established 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.
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2013, and to be presented for final passage on the 19th day of November, A.D.
2013.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of November, A.D. 2013.
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__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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
1
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.
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