HomeMy WebLinkAbout20133438.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2013-10
BRAD YATABE
WELD COUNTY CODE ORDINANCE #2013-10, IN THE MATTER OF
REPEALING AND RE-ENACTING. WITH AMENDMENTS. CHAPTER 23
ZONING, AND CHAPTER 8 PUBLIC WORKS. OF THE WELD COUNTY CODE.
be recommended favorably to the Board of County Commissioners.
Motion seconded by Jason Maxey.
VOTE:
For Passage
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I. Kristine Ranslem, Recording Secretary for the Weld County Planning Commission. do hereby certify
that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of
Weld County, Colorado, adopted on November 5, 2013.
Dated the 5th of November, 2013.
`6,11thrit tqadlotaikt,
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2013.11.08 15:16:53 -07'00'
2013-3438
Add the following:
CHAPTER 8
Public Works
Art. XIII
FLOODPLAIN MANAGEMENT ORDINANCE
Division 1
General Provisions
Sec 8-13-10. Statutory authorization.
Pursuant to the authority granted to the Board of County Commissioners by the Legislature of the
State of Colorado in Title 29, Article 20, and Title 30, Article 28, C.R.S., the Board of County
Commissioners does hereby adopt the following FLOODPLAIN MANAGEMENT ORDINANCE.
Sec 8-13-20. Disclaimer of liability.
The degree of FLOOD protection required by this ORDINANCE is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater
FLOODS than contemplated in the creation of this ORDINANCE can and will occur and FLOOD heights
may be increased by man-made or natural causes. This ORDINANCE does not imply that land outside
the SPECIAL FLOOD HAZARD AREA or USES permitted within such areas will be free from
FLOODING or FLOOD damages. This ORDINANCE shall not create liability on the part of the
COUNTY, any officer or employee thereof for any FLOOD damages that result from reliance on this
ORDINANCE or any administrative decision lawfully made thereunder.
Sec 8-13-30. Findings of fact.
The SPECIAL FLOOD HAZARD AREAS of the COUNTY are subject to periodic inundation
which results in health and safety hazards, loss of life and property, disruption of commerce and
governmental services, extraordinary public expenditures for FLOOD protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety and general welfare of
the residents of the COUNTY.
These FLOOD losses are created by the cumulative effect of obstructions in FLOODPLAINS
which cause an increase in FLOOD heights and velocities and by the occupancy of SPECIAL FLOOD
HAZARD AREAS by uses vulnerable to FLOODS and hazardous to other lands because they are
inadequately ELEVATED, FLOODPROOFED, or otherwise protected from FLOOD damage.
Sec 8-13-40. Statement of purpose.
A. It is the purpose of this ORDINANCE to promote public health, safety and general welfare and to
minimize public and private losses due to FLOOD conditions in specific areas by provisions
designed to:
1. Protect human life and health;
2
. Minimize expenditure of public money for costly FLOOD control projects;
3. Minimize the need for rescue and relief efforts associated with FLOODING which have
historically been undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to CRITICAL FACILITIES, infrastructure, and other public facilities such
as water, sewer and gas mains; electric and communications stations, substations and power
plants, streets and bridges located in FLOODPLA INS;
6. Help maintain a stable tax base by providing for the sound USE and DEVELOPMENT of flood
prone areas so as to minimize future FLOOD blight areas; and
7. Ensure that potential buyers are notified that property is in a SPECIAL FLOOD HAZARD
AREA.
B. In order to accomplish its purpose, this ORDINANCE does the following:
1. Restricts or prohibits USES that are dangerous to health, safety and property in times of
FLOOD or cause excessive increases in FLOOD heights or velocities;
2. Requires that USES vulnerable to FLOODS, including facilities which serve such USES, be
protected against FLOOD damage at the time of initial construction;
3. Controls the alteration of natural FLOODPLA INS, stream CHANNELS and natural protective
barriers, which are involved in the accommodation of FLOOD waters;
4. Controls filling, grading, dredging and other DEVELOPMENT which may increase FLOOD
damage; and
5. Prevents or regulates the construction of FLOOD barriers which will unnaturally divert
FLOOD waters or which may increase FLOODING in other lands.
C. It is also the purpose of this ORDINANCE to ensure that the COUNTY'S requirements meet the
minimum requirements of FEMA's Flood Insurance Program and the Colorado Water
Conservation Board Floodplain regulations. As such FEMA's National FLOOD Insurance
Program regulations 44CFR Parts 59, 60, 65, and 70 (2010) and the CWCB FLOODPLAIN
regulations in effect as of January 14, 2011, are incorporated herein by reference. In the event
this ORDINANCE conflicts with Federal or State laws and/or regulations, the more restrictive
law or regulation will control.
Sec. 8-13-50. Lands to which this ORDINANCE applies.
This ORDINANCE shall apply to all SPECIAL FLOOD HAZARD AREAS and areas removed
from the FLOODPLAIN by the issuance of a FEMA LOMR-F within the jurisdiction of unincorporated
Weld County, Colorado.
Sec. 8-13-60. Basis for establishing the SPECIAL FLOOD HAZARD AREA.
The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering
report entitled, "The Flood Insurance Study for Unincorporated Weld County and Town of Eaton,
Colorado," dated September 22, 1999, with accompanying FIRM and FBFM and any revisions thereto are
hereby adopted by reference and declared to be part of this ORDINANCE. These SPECIAL FLOOD
HAZARD AREAS identified by the FIS and attendant mapping are the minimum area of applicability of
this ORDINANCE and may be supplemented by studies designated and approved by the Board of County
Commissioners, CWCB, and FEMA. The FLOODPLAIN ADMINISTRATOR shall keep a copy of the
FIS, DFIRMs, FIRMs, and/or FBFMs on file and available for public inspection.
Sec. 8-13-70. Establishment of FLOODPLAIN DEVELOPMENT PERMIT.
A FLOODPLAIN DEVELOPMENT PERMIT shall be required for all USES occurring within
the FEMA mapped 100 -YEAR FLOODPLAIN to ensure conformance with the provisions of this
ORDINANCE and Federal and State regulations.
Sec. 8-13-80. Compliance.
No STRUCTURE or land shall hereafter be located, altered, or have its USE changed without full
compliance with the terms of this ORDINANCE and other applicable laws and regulations.
Sec. 8-13-90. Abrogation and greater restrictions.
This ORDINANCE is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ORDINANCE and another statute, regulation,
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Sec. 8-13-100. Interpretation.
In the interpretation and application of this ORDINANCE, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under Federal or State statutes or
regulations.
Sec. 8-13-110. Severability.
This ORDINANCE and the various parts thereof are hereby declared to be severable. Should any
section, of this ORDINANCE be declared by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of this ORDINANCE as a whole, or any portion thereof other than the section
so declared to be unconstitutional or invalid.
Sec 8-13-120. Definitions.
Unless specifically defined below or in Weld County Code § 1-2-10, words or phrases used in
this ORDINANCE shall be interpreted to give them the meaning they have in common usage and to give
this ORDINANCE its most reasonable application. The following specific words or phrases when
appearing in this Chapter in uppercase letters shall have the meanings as stated in this Section.
100 -YEAR FLOOD: A FLOOD having a recurrence interval that has a one percent chance of being
equaled or exceeded during any given year. 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 the 100 -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. The term "0.2 -percent chance flood" is synonymous with the
term "500 -YEAR 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 inundation as a result of the 500 -YEAR
FLOOD.
ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square footage of
an existing STRUCTURE.
ADJACENT: When used to indicate land in the immediate vicinity of a LOT, means land which shares a
boundary line with the LOT in question or which would share a boundary line were it not for the
separation caused by a street or alley.
ALTERATION OR RELOCATION OF A WATERCOURSE: Any DEVELOPMENT which changes the
direction of flow of water in a river or stream. Any CHANNELIZATION of a river or stream is also
considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE.
BASE FLOOD: Means the FLOOD having a one percent chance of being equaled or exceeded in any
given year.
BASE FLOOD ELEVATION (BEE): The elevation shown on a FEMA FIRM 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.
BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its floor sub -
grade (below ground level) on all sides.
BEST AVAILABLE DATA: Any FLOOD data available from the Federal or State governments or any
other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the BASE FLOOD
WATER SURFACE ELEVATION or FLOODWAY location. The sources of data may include but are
not limited to:
A. FEMA publications such as guidance documents, policy documents, technical bulletins, and
regulations;
B. State publications and regulations; and
C. Other published or unpublished FLOOD studies.
BUILDING: Any STRUCTURE, excluding fences, erected for shelter or enclosure of persons, animals or
personal property of any kind.
CCR: Code of Colorado Regulations, the codification of the general and permanent Rules published in
the Colorado Register by the Executive Departments and Agencies of the State of Colorado.
C'FR: Code of Federal Regulations, the codification of the general and permanent Rules published in the
Federal Register by the Executive Departments and Agencies of the Federal Government. The Federal
FLOODPLAIN MANAGEMENT regulations can be found in 44CFR Parts 59, 60, 65, and 70.
CHANNEL: The physical confines of a stream or waterway consisting of a bed and stream banks and
existing in a variety of geometries.
CHANNELIZATION: The artificial creation, enlargement, or realignment of a stream CHANNEL.
COUNTY: The County of Weld, a home rule County in the State of Colorado.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project
which does not revise an effective FLOODPLAIN map and 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: A STRUCTURE or related infrastructure, but not the land upon which it is
situated, that if flooded may result in significant hazards to public health and safety or interrupt essential
services and operations for the COUNTY at any time before, during, or after a FLOOD. CRITICAL
FACILITIES are classified under the following categories: (A) Essential Services; (B) Hazardous
Materials; (C) At -Risk Populations; and (D) Vital to Restoring Normal Services.
A. Essential Services CRITICAL FACILITIES
1. Essential Service CRITICAL FACILITIES include but are not limited to:
a. Public safety facilities such as police stations, fire and rescue stations, emergency vehicle
and equipment storage, and emergency operations centers;
b. Emergency Medical Facilities such as hospitals, ambulance service centers; urgent care
centers with emergency treatment functions, and non -ambulatory surgical
STRUCTURES but excluding clinics, doctor's offices, and non -urgent care medical
STRUCTURES that do not provide emergency treatment functions;
c. Designated emergency shelters;
d. Communications systems such as main telephone hubs, broadcasting equipment for cable
system, satellite TV systems, cellular phone systems, television, radio, and other types of
emergency warning systems but excluding the towers, poles, cables, and conduits;
e. Public utility plant facilities for generation and distributions such as hubs, treatment
plants, substations, and pumping stations for water, power, and gas but not including the
towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and
service lines; and
f. Air transportation lifelines such as 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 hangers).
2. Specific exemptions to Essential Service CRITICAL FACILITIES include wastewater
treatment plants, non -potable water treatment plants, hydroelectric power generating plants,
and related appurtenances.
3. Public utility plant facilities may be exempted from the definition of Essential Service
CRITICAL FACILITIES if it is demonstrated 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 the provisions of this ORDINANCE, 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 upon request.
B. Hazardous Materials CRITICAL FACILITIES
1. Hazardous Materials CRITICAL FACILITIES include but are not limited to:
a. Chemical and pharmaceutical plants;
b. Laboratories containing highly volatile, flammable, explosive, toxic, and/or water -
reactive materials;
Refineries;
d. Hazardous waste storage and disposal sites;
e. Above ground gasoline or propane storage or sales centers;
f. Facilities which produce or store chemicals in quantities in excess of regulated threshold
limits. If the owner of a facility is required by OSHA to keep a Material Safety Data
Sheet (MSDS) on file for any chemical(s) stored or used in the work place, and the
chemical(s) is stored in quantities equal to or greater than the regulated United States
Environmental Protection Agency Threshold Planning Quantity for that chemical, then
that facility shall be considered a CRITICAL FACILITY.
2. Specific exemptions to Hazardous Materials CRITICAL FACILITIES 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 or other structures containing hazardous materials for which it can be
demonstrated to the satisfaction of the COUNTY by hazard assessment and certification
by a qualified professional that a release of the subject hazardous material does not pose a
major threat to the public; or
c. Pharmaceutical sales, use, storage, and distribution centers that do not manufacture
pharmaceutical products.
C. At -Risk Populations CRITICAL FACILITIES
1. At -risk population facilities include but are not limited to:
a. Elder care facilities including nursing homes;
b. Congregate care serving 12 or more individuals including day care and assisted living
facilities; and
c. Public and private schools including pre-schools, K-12 schools, before and after school
daycare serving 12 or more children.
D. CRITICAL FACILITIES Vital to Restoring Normal Services
1. CRITICAL FACILITIES Vital to Restoring Normal Services include but are not limited to:
a. Essential government operations including public records, courts, jails, building
permitting, inspections services, community administration and management,
maintenance and equipment centers; and
b. Essential STRUCTURES for public colleges and universities including dormitories,
offices, and classrooms.
2. CRITICAL FACILITIES Vital to Restoring Normal Services listed in Subsection 1 above
may be exempted from the definition of CRITICAL FACILITIES if it is demonstrated 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 the provisions of this ORDINANCE,
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 upon request.
E. Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to
STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under
another category outlined in this definition.
CWCB: Colorado Water Conservation Board
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not
limited to BUILDINGS or other STRUCTURES, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
DFIRM: DIGITAL FLOOD INSURANCE RATE MAPS are digital maps which serve as regulatory
FLOODPLAIN maps for insurance and FLOODPLAIN management purposes.
ELEVATE: To build or raise a STRUCTURE to a minimum of one foot above the BASE FLOOD
ELEVATION.
ELEVATED BUILDING: A BUILDING without a BASEMENT and:
A. Built, in the case of a BUILDING in Zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, to have
the top of the ELEVATED floor above the ground level by means of pilings, columns (posts and
piers), or shear walls parallel to the floor of the water; and
B. Adequately anchored so as not to impair the structural integrity of the BUILDING during a
FLOOD of up to the magnitude of the BASE FLOOD.
In the case of Zones Al -30, AE, A, A99, AO, AH, B, C, X, and D, ELEVATED BUILDING also
includes a BUILDING ELEVATED by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of FLOOD waters.
EXISTING CONSTRUCTION: Structures for which the START OF CONSTRUCTION commenced
before the effective date of the FLOOD INSURANCE RATE MAP (FIRM). EXISTING
CONSTRUCTION is synonymous with the term "existing structure."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: Means a MANUFACTURED HOME
park or subdivision for which the construction of facilities for servicing the LOTS on which the
MANFACTURED HOMES are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed before
the effective date of the COUNTY adoption of this ORDINANCE.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation
of additional sites by the construction of facilities for servicing the LOTS on which the
MANFACTURED HOMES are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FEMA: Federal Emergency Management Agency.
FILL: Any material such as earth, clay, sand, concrete, rubble, or waste of any kind which is placed or
stored upon the surface of the ground.
FLOATABLE MATERIALS: Any material that is not secured in place that could float offsite during the
occurrence of a FLOOD and potentially cause harm to downstream property owners, or that could cause
blockage of a culvert, bridge, or other drainage facility. FLOATABLE MATERIALS include, but are not
limited to, lumber, vehicles, boats, equipment, drums or other containers, or pieces of material that are
likely to float.
FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of
normally dry land areas from:
A. The overflow of water from CHANNELS and reservoir spillways; and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD BOUNDARY & FLOODWAY MAP (FBFM): The official map on which FEMA has delineated
the SPECIAL FLOOD HAZARD AREAS, the FLOODWAY, and the risk premium zones applicable to
the COUNTY.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated both the
SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY.
FLOOD INSURANCE STUDY (FIS): The official report provided by FEMA that includes FLOOD
profiles, the FLOOD BOUNDARY & FLOODWAY MAP and the WATER SURFACE ELEVATION of
the BASE FLOOD.
FLOODPLAIN or FLOOD -PRONE AREA: Any land area susceptible to being inundated as a result of a
FLOOD, including the area of land over which floodwater would flow from the spillway of a reservoir.
The FEMA mapped FLOODPLAINS are shown on FEMA's DFIRM, FIRM, and FBFM maps.
FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for administering and
enforcing this ORDINANCE.
FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or DEVELOPMENT
begins within any SPECIAL FLOOD HAZARD AREA (SFHA). Permits are required to ensure that
proposed DEVELOPMENT projects meet the requirements of the National Flood Insurance Program and
this ORDINANCE.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative
measures for reducing FLOOD damage, including but not limited to emergency preparedness plans,
FLOOD control works, and enactment and updating of this ORDINANCE.
FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the Board of
Weld County Commissioners pursuant to Title 29, Article 20, and Title 30, Article 28, C.R.S., for the
purpose of FLOOD damage prevention and reduction.
FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs,
changes, or adjustments to STRUCTURES which reduce or eliminate FLOOD damage to real estate,
improved real property, water and sanitary sewer facilities, and STRUCTURES and their contents.
FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE and
the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD without
cumulatively increasing the WATER SURFACE ELEVATION more than a designated height. The
Colorado statewide standard for the designated height to be used for all newly studied reaches shall be
one-half foot (six inches). Holders of valid 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 by FEMA. FEMA's mapped FLOODWAYS are shown on the DFIRM,
FIRM, and FBFM maps.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a STRUCTURE.
HISTORIC STRUCTURE: Any STRUCTURE that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the United States Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the United States Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
C. Individually listed on the State inventory of historic places; or
D. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified by the State.
LETTER OF MAP CHANGE (LOMC): An official revision to currently effective FEMA maps. A
LOMC can be in the form of a LOMR, LOMA, LOMR-F, or PMR.
LETTER OF MAP AMENDMENT (LOMA): A letter from FEMA officially revising the effective FIRM
and FEMA's acknowledgment that a property is not located in a SPECIAL FLOOD HAZARD AREA.
LETTER OF MAP REVISION (LOMR): A letter from FEMA officially revising the effective FEMA maps
and showing changes in FLOOD zones, delineations, and elevations.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the
FLOODPLAIN shown on the FIRM or DFIRM based on the placement of FILL outside of the existing
regulatory FLOODWAY.
LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control or divert the flow of water so as to
provide protection from temporary FLOODING.
LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and associated
STRUCTURES, such as closure and drainage devices, which are constructed and operated in accordance
with sound engineering practices.
LOT: The basic DEVELOPMENT unit, an area with fixed boundaries, USED or intended to be USED by
one (1) BUILDING and its USES, STRUCTURES and/or BUILDINGS. A LOT shall not be divided by
any public highway, street or alley. A LOT must meet the requirements of the zoning district in which it
is located and must have access to a public street or an approved private street or road.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any crawlspace or
BASEMENT. Any floor used for living purposes which includes working, storage, sleeping, cooking and
eating, or recreation, or any combination thereof. This includes any floor that could be converted to such
a use such as a BASEMENT or crawlspace. Any unfinished or FLOOD resistant enclosure, useable
solely for parking or vehicles, BUILDING access, or storage in an area other than a BASEMENT area is
not considered a BUILDING'S LOWEST FLOOR; provided that such enclosure is not built so as to
render the STRUCTURE in violation of the applicable non -elevation requirement of Section 60.3 of the
National Flood Insurance Program regulations.
MANUFACTURED HOME: A STRUCTURE transportable in one (1) or more sections, which is built on
a permanent chassis and is designed for USE with or without a permanent foundation when connected to
the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL
VEHICLE.
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel, or contiguous parcels, of land divided
into two or more MANUFACTURED HOME lots for rent or sale.
MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) 1988, or other datum to
which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are
referenced.
NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced on
or after August 25, 1981, and includes any subsequent improvements to such STRUCTURES.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME park or
subdivision for which the construction of facilities for servicing the lots on which the MANFACTURED
HOMES are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after August 25, 1981.
NO -RISE CERTIFICATION: A record of the results of an engineering analysis conducted to determine
whether a project will increase FLOOD heights in a FLOODWAY. A NO -RISE CERTIFICATION must
be supported by technical data and signed by a registered Colorado professional engineer. The supporting
technical data should be based on the computer program model used to develop the 100 -YEAR
FLOODWAY shown on the FIRM or FBFM.
OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas well, pumps, heater treaters,
separators, meters, compressors, TANK BATTERY and other equipment directly associated with the
producing well, all of which must be connected and functional.
PHYSICAL MAP REVISION (PMR): An official revision to currently effective FEMA maps. PMRs are
issued by FEMA and documents changes to FLOOD zones, delineations, and elevations. PMRs generally
cover more than one FIRM panel.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light -duty truck; and
D. Not primarily designed for use as a permanent dwelling but instead as temporary living quarters
for recreational, camping, travel or seasonal USE.
SPECIAL FLOOD HAZARD AREA: Is the land in the FLOODPLAIN within the COUNTY subject to a
one percent or greater chance of FLOODING in any given year. The area may be designated as Zone A,
AE, AH, AO, or Al -A99 on the DFIRM, FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are
periodically amended by FEMA via a LETTER OF MAP CHANGE. The designated SPECIAL FLOOD
HAZARD ZONE AREAS are as follows:
A. Zone A (Approximate Floodplain) is a SPECIAL FLOOD HAZARD AREA where BASE
FLOOD ELEVATIONS and FLOOD hazard factors have not been determined by FEMA.
B. Zone AFL is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and
depths are between one (1) and three (3) feet and BASE FLOOD ELEVATIONS are shown but
no FLOOD hazard factors have been determined by FEMA.
C. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood
depths are between one (1) and three (3) feet with the average depth of FLOODING shown but
no FLOOD hazard factors have been determined by FEMA.
D. Zones AE and Al -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD
ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA.
E. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between the
limits of the 100 -YEAR and the 500 -YEAR FLOOD.
F. Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at minimal
risk of FLOODING.
START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES): The date the building
permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS, provided that the
actual START OF CONSTRUCTION, repair, reconstruction, placement or other improvement was
within one -hundred eighty (180) days of the permit date. The actual start means the first placement of
permanent construction of a STRUCTURE on a site, such as the pouring of 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 does not include
land preparation, such as clearing, grading and FILLING; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a BASEMENT, footings, piers or foundations or the
erection of temporary forms; nor does 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 SUBSTANTIAL IMPROVEMENTS, the actual START OF CONSTRUCTION
means 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.
STRUCTURE: Anything that is built, constructed or erected, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner, but not
including poles, lines, cables or distribution facilities of public utilities. Includes a walled or roofed
BUILDING, a gas or storage tank that is principally above ground, and MANUFACTURED HOMES.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the cost of
restoring the STRUCTURE to its before damaged condition would equal or exceed fifty percent (50%) of
the market value of the STRUCTURE just prior to when the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a STRUCTURE the cost
of which equals or exceeds fifty percent (50%) of the market value of the STRUCTURE before the
START OF CONSTRUCTION of the improvement. This includes STRUCTURES which have incurred
SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however,
include either:
A. Any project for improvement of a STRUCTURE to comply with existing State or local health,
sanitary, or safety code specifications which are solely necessary to assure safe living conditions;
or
B. Any alternation of a HISTORIC STRUCTURE provided that the alteration will not preclude the
STRUCTURE'S continued designation as a HISTORIC STRUCTURE.
TANK BATTERY: One (I) or more storage tanks which receive and store oil, gas, natural gas liquids or
water directly from and as it is produced by a well.
USE: Any purpose for which a STRUCTURE or a tract of land may be designed, arranged, intended,
maintained or occupied; also any activity, occupation, business or operation which is carried on in or on a
STRUCTURE or on a tract of land.
VARIANCE: A grant of relief to a person from a requirement, or requirements, of this ORDINANCE
when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits
construction or DEVELOPMENT in a manner otherwise prohibited by this ORDINANCE.
VIOLATION: The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with this
ORDINANCE.
WATERCOURSE: means a natural or artificial channel through which stormwater or floodwater can flow,
either regularly or infrequently.
WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, North American Vertical Datum (NA VD) of 1988, or other datum where specified of
FLOODS of various magnitudes and frequencies in the FLOODPLAINS of riverine areas.
WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic and
hydrodynamic loads and the effects of buoyancy during a BASE FLOOD.
Division 2
Floodplain Administrator
Sec. 8-13-140. Designation of the FLOODPLAIN ADMINISTRATOR
The County Engineer, or his or her designee, is hereby appointed the FLOODPLAIN
ADMINISTRATOR to administer and implement the provisions of this ORDINANCE and all applicable
sections of 44CFR, National Flood Insurance Program Regulations, pertaining to FLOODPLAIN
MANAGEMENT.
Sec. 8-13-150 Duties of the FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN ADMINISTRATOR shall include, but not be
limited to, the following:
A. Per 44CFR 60.3(b), maintain and hold open for public inspection all records pertaining to the
provisions of this ORDINANCE, including the actual elevation in relation to MEAN SEA
LEVEL of the LOWEST FLOOR including crawlspace or BASEMENT of all new or
SUBSTANTIALLY IMPROVED STRUCTURES and FLOODPROOFING certificates as
required by this ORDINANCE.
B. Per 44CFR 60.3(a), review, approve, or deny all applications for FLOODPLAIN
DEVELOPMENT PERMITS required by the adoption of this ORDINANCE. If the application
is not complete as required, the applicant shall be notified of the specific deficiencies. The
FLOODPLAIN ADMINISTRATOR may forward copies of the complete application to any
referral agency whose review and comment are deemed appropriate by the FLOODPLAIN
ADMINISTRATOR. The referral agency to whom the application is referred may review the
application to determine compliance of the application with any standards of the referral agency
The reviews and comments solicited are intended to provide the FLOODPLAIN
ADMINISTRATOR with information related to the proposed FLOODPLAIN DEVELOPMENT
PERMIT. The FLOODPLAIN ADMINISTRATOR may consider all such reviews and comments
and may solicit additional information if such information is deemed necessary. The reviews and
:omments submitted by a referral agency are recommendations. The authority and responsibility
For making the decision to approve, approve subject to conditions, or deny the FLOODPLAIN
DEVELOPMENT PERMIT application rests with the FLOODPLAIN ADMINISTATOR.
C. Per 44CFR 60.3(a), review FLOODPLAIN DEVELOPMENT PERMIT applications to determine
whether a proposed BUILDING site, including the placement of MANUFACTURED HOMES,
will be reasonably safe from FLOODING.
D. Per 44CFR 60.3(a), review the FLOODPLAIN DEVELOPMENT PERMIT application to
determine that all necessary permits have been obtained from Federal, State, or local
governmental agencies (including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
E. The FLOODPLAIN ADMINISTRATOR shall not issue a FLOODPLAIN DEVELOPMENT
PERMIT until it has determined that all applicable USES and standards specified in this
ORDINANCE have been met by the applicant. The FLOODPLAIN ADMINISTRATOR shall
notify the applicant within forty-five (45) days of receipt of a completed application the decision
taken on the FLOODPLAIN DEVELOPMENT PERMIT. In case of disapproval, the applicant
shall be notified with the specific reasons for the determination. Under no circumstances should
it be assumed that the FLOODPLAIN DEVELOPMENT PERMIT is automatically granted.
F. Per 44CFR 60.3(b), notify, in riverine situations, ADJACENT communities and the CWCB, prior
to the approval of any FLOODPLAIN DEVELOPMENT PERMIT which involves any
ALTERATION OR RELOCATION OF A WATERCOURSE, and shall submit evidence of such
notification to FEMA.
G. Per 44CFR 60.3(b), ensure that the FLOOD carrying capacity within the altered or relocated
portion of any WATERCOURSE is maintained.
H. Where interpretation is needed as to the exact location of the boundaries of the SPECIAL
FLOOD HAZARD AREA, for example, where there appears to be a conflict between a mapped
boundary and actual field conditions, the FLOODPLAIN ADMINISTRATOR shall make the
necessary interpretation.
Per 44CFR 60.3(c), for waterways with BASE FLOOD ELEVATIONS for which a regulatory
FLOODWAY has not been designated, no NEW CONSTRUCTION, SUBSTANTIAL
IMPROVEMENTS, or other DEVELOPMENT (including FILL) shall be permitted within Zone
Al -A30 and AE on the COUNTY'S FIRM, unless it is demonstrated that the cumulative effect of
the proposed DEVELOPMENT, when combined with all other existing and anticipated
DEVELOPMENT, will not increase the WATER SURFACE ELEVATION of the BASE
FLOOD more than one-half foot (6 inches) at any point within the COUNTY.
J. Per 44CFR 60.3(b), obtain and record the actual elevation, in relation to MEAN SEA LEVEL, of
the LOWEST FLOOR of all new or SUBSTANTIALLY IMPROVED STRUCTURES. For all
new, replacement or SUBSTANTIALLY IMPROVED FLOODPROOFED STRUCTURES:
1. Verify and record the actual elevation, in relation to MEAN SEA LEVEL, to which the
STRUCTURE has been FLOODPROOFED; and
2. Maintain the elevation and FLOODPROOFING certifications.
K. Per 44CFR 65.12, notwithstanding any other provisions of this ORDINANCE, the COUNTY
may approve certain DEVELOPMENT in Zones Al -30, AE, or AH, on the COUNTY'S FIRM
which increases the WATER SURFACE ELEVATION of the BASE FLOOD by more than one-
half foot (6 inches), provided that a CLOMR is submitted to FEMA which fulfills the
requirements of 44CFR 65.12 and receives FEMA approval.
L. Per 44 CFR 60.3(b), when the BASE FLOOD WATER SURFACE ELEVATION or
FLOODWAY data has not been provided in accordance with this ORDINANCE, the
FLOODPLAIN ADMINISTRATOR shall obtain, review and reasonably utilize any BASE
FLOOD WATER SURFACE ELEVATION or FLOODWAY data available from a Federal, State
or any other source to administer the provisions of this ORDINANCE. The other sources of data
may include but are not limited to: FEMA Publications such as Guidance Documents, Policy
Documents, Technical Bulletins, and Regulations; State of Colorado Publications and
Regulations; and other published or unpublished FLOOD studies.
Division 3
Floodplain Development Permit Procedures
Sec. 8-13-170. Exemptions.
The following open space and emergency USES are allowed to occur in a FLOODPLAIN or
FLOODWAY without a FLOODPLAIN DEVELOPMENT PERMIT provided that such USES are not
prohibited by any other resolution or statute, do not require STRUCTURES, do not require alteration of
the FLOODPLAIN such as FILL, excavation, or permanent storage of materials or equipment, and will
not cause FLOOD losses on other land or to the public:
A. Agricultural USES such as tilling, farming, irrigation, harvesting, grazing, etc;
B. Private and public recreational USES that do not include overnight vehicle parking or camping;
C. Irrigation and livestock water supply wells provided they meet the standards for wells in a
FLOODPLAIN;
D. Emergency FLOOD damage prevention measures such as sandbagging.
In addition to the above enumerated exemptions, DEVELOPMENT activities following a FLOOD for the
purpose of reconstruction and restoration of road infrastructure to pre -FLOOD conditions in a
FLOODPLAIN or FLOODWAY do not requires a FLOODPLAIN DEVELOPMENT PERMIT.
Sec. 8-13-180. Permit procedures.
A. The intent of the FLOODPLAIN DEVELOPMENT PERMIT is to ensure that proposed
DEVELOPMENT, BUILDING sites, and STRUCTURES which are to be located within the 100 -
YEAR FLOODPLAIN are safe from FLOODING.
B. No permit shall be issued nor shall any START OF CONSTRUCTION begin, DEVELOPMENT
occur, BUILDING or STRUCTURE be erected, constructed, replaced, or SUBSTANTIALLY
IMPROVED within the 100 -YEAR FLOODPLAIN as shown on the FEMA designated maps
until a FLOODPLAIN DEVELOPMENT PERMIT for such DEVELOPMENT, BUILDING, or
STRUCTURE has been approved by the FLOODPLAIN ADMINISTRATOR. Any person filing
an application for a FLOODPLAIN DEVELOPMENT PERMIT for a DEVELOPMENT,
STRUCTURE, or MANUFACTURED HOME is required to comply with the procedures and
application requirements listed in this ORDINANCE. Any DEVELOPMENT, BUILDING, or
STRUCTURE which is to be located within the FLOODPLAIN, as defined by the FIRM or
DFIRM is required to obtain a FLOODPLAIN DEVELOPMENT PERMIT in accordance with
this ORDINANCE. A FLOODPLAIN DEVELOPMENT PERMIT shall be obtained for all
DEVELOPMENT, BUILDINGS, or STRUCTURES which are to be located within the
FLOODPLAIN regardless of building permit requirements. Nothing in this ORDINANCE shall
be construed as exempting an applicant for a FLOODPLAIN DEVELOPMENT PERMIT from
any other COUNTY regulatory requirements.
C. Per 44CFR 60.3(a), FLOODPLAIN DEVELOPMENT PERMIT applications submitted for
review shall include, at a minimum, the following information. Applications containing less than
the specified requirements shall not be accepted for review unless the applicant has submitted to,
and had approved by, the FLOODPLAIN ADMINISTRATOR written justification as to why a
particular requirement does not pertain to the proposed DEVELOPMENT.
1. A completed FLOODPLAIN DEVELOPMENT PERMIT application form provided by the
FLOODPLAIN ADMINISTRATOR;
2. An explanation of how the standards in this ORDINANCE have been or will be met;
3. A map, drawn and certified by a registered Colorado professional engineer, which accurately
displays the following information:
a. The name and address of the property owner;
b. A legal description which describes the Section, Township and Range of the property;
c. Scale and north arrow;
d. Topographic map at the BUILDING site, including a map (plot plan) drawn to an appropriate
scale and the location of known encumbrances and spot elevations for the site near all
existing and proposed STRUCTURES;
e. WATER SURFACE ELEVATIONS of the BASE FLOOD ELEVATION at the BUILDING
site. If the WATER SURFACE ELEVATIONS are not shown on the FBFM, FIRM, or
DFIRM, the applicant's engineer shall use acceptable methodology to determine the WATER
SURFACE ELEVATIONS and show them on the map;
f. Boundaries of the FLOODPLAIN and FLOODWAY on the property;
g. A plot plan which shows the location, shape, exterior dimensions and distance from LOT or
property lines of each existing or proposed STRUCTURE relative to the FLOODPLAIN
and/or FLOODWAY boundaries;
h. The elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, of all new
or SUBSTANTIALLY IMPROVED STRUCTURES;
i. If applicable, the elevation to which any non-residential STRUCTURE will be
FLOODPROOFED;
j. Proposed vehicular access to the property; and
k. Any FILL, proposed and existing storage of materials, and proposed and existing drainage
facilities located on the property.
4. If applicable, a certificate from a registered professional engineer licensed in the State that the
non-residential FLOODPROOFED STRUCTURE shall meet the FLOODPROOFING
criteria listed herein;
5. A pre -construction elevation certification shall be submitted with the FLOODPLAIN
DEVELOPMENT PERMIT application. An additional as -built elevation certification will be
required prior to receiving a certificate of occupancy or final building permit approval for the
STRUCTURE. The elevation certifications shall be submitted on the most current FEMA
Elevation Certificate;
6. An elevation drawing delineated with the appropriate architectural scale, which clearly
depicts the elevation of the LOWEST FLOOR of the proposed and existing STRUCTURES
in relation to the BASE FLOOD ELEVATION plus one foot;
7. Electronic copies of hydrologic and hydraulic computer models;
8. Electronic copies of CAD and/or GIS files;
9. If applicable, a description of the extent to which any WATERCOURSE or natural drainage
will be altered or relocated as a result of proposed DEVELOPMENT; and
10. Any other relevant information which may be required by the FLOODPLAIN
ADMINISTRATOR to determine that the proposed project has gained the appropriate
Federal, State, and COUNTY approvals (e.g. wetland permits, septic permits, etc).
D. Approval or denial of a FLOODPLAIN DEVELOPMENT PERMIT by the FLOODPLAIN
ADMINISTRATOR shall be based on all of the provisions of this ORDINANCE and the
following relevant factors:
1. The danger to life and property due to FLOODING or erosion damage;
2. The susceptibility of the proposed facility and its contents to FLOOD damage and the effect
of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed USE with existing and anticipated DEVELOPMENT;
5. The safety of access to the property in times of FLOOD for ordinary and emergency vehicles;
6. The costs of providing governmental services during and after FLOOD conditions including
maintenance and repair of streets and bridges, and public utilities and facilities such as sewer,
gas, electrical and water systems;
7. The expected heights, velocity, duration, rate of rise and sediment transport of the FLOOD
waters and the effects of wave action, if applicable, expected at the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to FLOODING or erosion damage, for
the proposed DEVELOPMENT; and
10. The relationship of the proposed USE to the COUNTY'S comprehensive plan for that area.
Division 4
Standards
Sec. 8-13-200. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS:
A. Prior to the START OF CONSTRUCTION, a FLOODPLAIN DEVELOPMENT PERMIT shall
be obtained.
B. All FLOODPLAIN analysis done for the purpose of obtaining a FLOODPLAIN
DEVELOPMENT PERMIT shall be performed utilizing the appropriate FEMA accepted
methodology and BEST AVAILABLE DATA.
C. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS shall be
designed and adequately anchored to prevent flotation, collapse, or lateral movement of the
STRUCTURE resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
D. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS shall be
constructed by methods and practices that minimize FLOOD damage.
E. Per 44CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTS shall be
constructed with materials resistant to FLOOD damage.
F. Per 44CFR 60.3(a), all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall
be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of FLOODING.
G. Per 44CFR 60.3(a), all new or replacement water supply systems shall be designed to minimize
or eliminate infiltration of FLOOD waters into the system.
H. Per 44CFR 60.3(b), all MANUFACTURED HOMES shall be installed using methods and
practices which minimize FLOOD damage. For purposes of this requirement,
MANUFACTURED HOMES must be ELEVATED and anchored to prevent flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -
top or frame ties to ground anchors. This requirement is in addition to applicable State and
COUNTY anchoring requirements for resisting wind forces.
I. Per 44CFR 60.3(a), all new or replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of FLOOD waters into the system and discharge from the
systems into FLOOD waters. On -site waste disposal systems shall be located to avoid impairment
to them or contamination from them during FLOODING. Per Weld County Code Chapter 30,
and Colorado Department of Public Health and Environment regulations, no new or expanded
individual sewage disposal system can be placed in a FLOODWAY. Per Colorado Department
of Public Health and Environment regulations, if a FLOODWAY has not been designated, the
FLOODWAY location and elevation shall be determined by a registered Colorado Professional
Engineer.
J. Per CWCB FLOODPLAIN Rule 11, a FLOODPLAIN DEVELOPMENT PERMIT shall not be
issued for the construction of a new STRUCTURE or ADDITION to an existing STRUCTURE
on a property removed from the FLOODPLAIN by the issuance of a FEMA LOMR-F, if the
LOWEST FLOOR ELEVATION, including the BASEMENT or crawlspace, is less than one foot
(12 inches) above the BASE FLOOD ELEVATION that existed prior to the placement of FILL.
K. Per CWCB FLOODPLAIN Rule 12 and 44CFR 60.3(b), any USE or DEVELOPMENT which
causes or results in an ALTERATION OR RELOCATION OF A WATER COURSE shall
comply with the requirements listed below. The applicant shall provide evidence that:
1. CHANNELIZATION and flow diversion projects shall appropriately consider issues of
sediment transport, erosion, deposition, and CHANNEL migration and properly mitigate
potential problems throughout the project area as well as upstream and downstream of
any DEVELOPMENT activity. A detailed analysis of sediment transport and overall
CHANNEL capacity should be considered, when appropriate, to assist in determining the
most appropriate design. The residual 100 -YEAR FLOODPLAIN shall be evaluated.
2. Any CHANNELIZATION or other stream alteration activity proposed by a project
proponent must be evaluated for its impact on the regulatory FLOODPLAIN and shall be
in accordance with all applicable Federal and State rules and regulations.
3. Any ALTERATION OR RELOCATION OF A WATER COURSE shall be designed and
sealed by a registered Colorado Professional Engineer or certified Professional
Hydrologist.
4. All activities within the regulatory FLOODPLAIN shall meet all applicable Federal and
State requirements and regulations.
5. Within the REGULATORY FLOODWAY, ALTERATION OR RELOCATION OF A
WATER COURSE shall not occur unless the project proponent demonstrates through a
FLOODWAY analysis and report, sealed by a registered Colorado Professional Engineer,
that there is not more than a 0.00 foot rise in the proposed conditions resulting from the
DEVELOPMENT compared to the existing conditions FLOODWAY, otherwise known
as a No -Rise Certification, unless the proponent first applies for and receives a CLOMR
for a FLOODWAY revision.
6. Maintenance shall be required for any altered or relocated portions of
WATERCOURSES so that the flood -carrying capacity is not diminished.
7. Municipalities within a three-mile radius of the proposed ALTERATION OR
RELOCATION OF A WATERCOURSE have been notified in writing of the proposed
ALTERATION OR RELOCATION OF A WATERCOURSE.
8. The CWCB has been notified in writing of the proposed ALTERATION OR
RELOCATION OF A WATERCOURSE.
9. The Insurance and Mitigation Division of FEMA has been notified in writing of the
proposed ALTERATION OR RELOCATION OF A WATERCOURSE.
10. The Army Corps of Engineers has been notified in writing of the proposed
ALTERATION OR RELOCATION OF A WATERCOURSE.
L. Per CWCB FLOODPLAIN Rule 6, all new CRITICAL FACILITIES, SUBSTANTIALLY
IMPROVED CRITICAL FACILITIES, and ADDITIONS to CRITICAL FACILITIES shall
either be FLOODPROOFED or ELEVATED a minimum of two (2) feet (24 inches) above the
BASE FLOOD ELEVATION. Facilities that are exempted from the definition of CRITICAL
FACILITIES must still meet all of the other FLOODPLAIN regulations. Ingress and egress for
new CRITICAL FACILITIES shall, when practicable, have continuous non -inundated access
during a 100 -YEAR FLOOD event.
M. Barns with no habitable living spaces or sanitary systems, loafing sheds, detached garages with
no habitable living spaces, boathouses/boat docks with no habitable living spaces, and storage
sheds may be FLOODPROOFED by the FLOOD venting measures described below:
1. FLOOD vented STRUCTURES shall be anchored to resist floatation, collapse, and
lateral movement;
2. FLOOD vented STRUCTURES shall be constructed using FLOOD resistant materials
below the BASE FLOOD ELEVATION plus one (1) foot;
3. All utility equipment in a FLOOD vented STRUCTURE shall be elevated or
made WATERTIGHT to prevent the accumulation of FLOOD water in the
components;
4. There shall be a minimum of two openings on different sides of each enclosed
area, and if a BUILDING has more than one enclosed area below the BASE
FLOOD ELEVATION, each area shall have openings on exterior walls;
5. The total net area of all openings shall be at least 1 square inch for each square
foot of enclosed area, or the openings shall be designed and the construction
documents shall include a statement that the design and installation will provide
for equalization of hydrostatic FLOOD forces on exterior walls by allowing for
the automatic entry and exit of floodwaters;
6. The bottom of each opening shall be 1 foot or less above the adjacent ground
level;
7. The openings shall be located below the BASE FLOOD ELEVATION;
8. Openings shall be at least 3 inches in diameter; and
9. Any louvers, screens or other opening covers shall allow the automatic flow of
floodwaters into and out of the enclosed area.
Openings installed in doors and windows that meet requirements above are acceptable,
however, doors and windows without installed openings do not meet the requirements of
this Subsection M.
N. All OIL AND GAS PRODUCTION FACILITIES including TANK BATTERIES shall be
anchored to resist flotation, collapse or lateral movement. OIL AND GAS PRODUCTION
FACILITIES shall be ELEVATED, FLOODPROOFED, or FLOOD vented as appropriate.
O. If FILL material is to be used in the FLOODPLAIN, a registered Colorado Professional Engineer
shall certify that the FILL material is designed to withstand the erosional forces associated with
the BASE FLOOD.
P. Outside storage of FLOATABLE MATERIALS associated with non-agricultural uses shall not
be allowed. Materials that are not floatable can be stored outside provided that a FLOODPLAIN
DEVELOPMENT PERMIT is obtained.
Sec. 8-13-210. Specific standards for Approximate Floodplains (Zone A).
In addition to of the general standards in Section 8-13-200, the following provisions are required
for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL
FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain):
A. Per 44CFR 60.3(b) and CWCB FLOODPLAIN Rule 11, all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the LOWEST
FLOOR (including BASEMENT or crawlspace), ELEVATED a minimum of one foot above the
BASE FLOOD ELEVATION. Upon completion of the STRUCTURE, the elevation of the
LOWEST FLOOR, including BASEMENT or crawlspace, shall be certified by a registered
Colorado land surveyor. The certificate shall utilize FEMA's Elevation Certificate and must
include all information requested on the Elevation Certificate.
B. Per 44CFR 60.3(b), with the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION
or SUBSTANTIAL IMPROVEMENT of any commercial, industrial, or other non-residential
STRUCTURES shall either have the LOWEST FLOOR (including BASEMENT or crawlspace)
ELEVATED a minimum of one foot above the BASE FLOOD ELEVATION or, together with
attendant utility and sanitary facilities, be designed so that at one foot above the BASE FLOOD
level, the structure is WATERTIGHT with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect
licensed in the State of Colorado shall develop and/or review structural design, specifications, and
plans for construction, and shall certify that the design and methods of construction are in
accordance with accepted standards of practice.
C. Per 44CFR 60.3(b), for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS,
with fully enclosed areas below the LOWEST FLOOR that are used solely for the parking of
vehicles, BUILDING access, or storage in an area other than a BASEMENT and which are
subject to FLOODING shall be designed to automatically equalize hydrostatic FLOOD forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered Colorado Professional Engineer or architect
to meet or exceed the following minimum criteria:
1. There shall be a minimum of two openings on different sides of each enclosed area; if a
BUILDING has more than one enclosed area below the BASE FLOOD ELEVATION,
each area shall have openings on exterior walls;
2. The total net area of all openings shall be at least 1 square inch for each square foot of
enclosed area, or the openings shall be designed and the construction documents shall
include a statement that the design and installation will provide for equalization of
hydrostatic FLOOD forces on exterior walls by allowing for the automatic entry and exit
of floodwaters;
3. The bottom of each opening shall be 1 foot or less above the adjacent ground level;
4. The openings shall be located below the BASE FLOOD ELEVATION;
5. Openings shall be at least 3 inches in diameter; and
6. Any louvers, screens or other opening covers shall allow the automatic flow of
floodwaters into and out of the enclosed area.
Openings installed in doors and windows that meet the above requirements are acceptable,
however, doors and windows without installed openings do not meet the requirements of this
Subsection C.
D. Per 44CFR 60.3(b), BASE FLOOD ELEVATION data shall be generated for all subdivision
proposals and other proposed DEVELOPMENT including the placement of MANUFACTURED
HOME PARKS greater than 50 LOTS and/or 5 acres or greater in size. Per 44CFR 65.3, the
applicant shall submit a LOMR to FEMA for acceptance and approval within 60 days after the
BASE FLOOD ELEVATIONS are determined.
E. Per 44CFR 60.3(a), all subdivision proposals including the placement of MANUFACTURED
HOME PARKS and subdivisions shall conform to the following requirements:
1. All subdivision proposals including the placement of MANUFACTURED HOME parks
shall be reasonably safe from FLOODING. If a subdivision or other DEVELOPMENT
proposal is in a flood -prone area, the proposal shall minimize FLOOD damage;
2. All proposals for the development of subdivisions including the placement of
MANUFACTURED HOME PARKS and subdivisions shall meet the FLOODPLAIN
DEVELOPMENT PERMIT requirements;
3. Adequate drainage paths shall be provided to reduce exposure to FLOOD hazards; and
4. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be
located and constructed to minimize or eliminate FLOOD damage.
Sec. 8-13-220. Specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS (Zones
Al -A30, All, AO, and AE).
In addition to of the general standards in Section 8-13-200 and specific standards for
Approximate Floodplains in Section 8-13-210, the following provisions are required for all NEW
CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD
HAZARD AREAS designated as Zones Al through A30, AH, AO, and AE:
A. Per 44CFR 60.3(c), when a regulatory FLOODWAY has not been designated, the
FLOODPLAIN ADMINISTRATOR shall require that no NEW CONSTRUCTION,
SUBSTANTIAL IMPROVEMENTS, or other DEVELOPMENT, including FILL, shall be
permitted within Zones Al -30 and AE on the COUNTY'S FIRM, unless it is demonstrated that
the cumulative effect of the proposed DEVELOPMENT, when combined with all other existing
and anticipated DEVELOPMENT, will not increase the WATER SURFACE ELEVATION of
the BASE FLOOD more than half a foot (6 inches) at any point within the COUNTY.
B. Per 44CFR 60.3(c), all new MANUFACTURED HOMES that are placed within Zones Al -A30,
AH, and AE that are outside of a MANUFACTURED HOME PARK OR SUBDIVISION, in a
new MANUFACTURED HOME PARK OR SUBDIVISION, in an expansion to an EXISTING
MANUFACTURED HOME PARK OR SUBDIVISION, or in an EXISTING
MANUFACTURED HOME PARK OR SUBDIVISION on which a MANUFACTURED HOME
has incurred SUBSTANTIAL DAMAGE shall be ELEVATED on a permanent foundation such
that the LOWEST FLOOR of the MANUFACTURED HOME is elevated a minimum of one foot
above the BASE FLOOD ELEVATION and shall be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
C. Per 44CFR 60.3(c), existing MANUFACTURED HOMES that are placed or SUBSTANTIALLY
IMPROVED on sites in an existing MANUFACTURED HOME PARK OR SUBDIVISION
within Zones A 1 through A30, AH, and AE, and that are not subject to the provisions of the
above Subsection B, shall be elevated so that either:
1. The LOWEST FLOOR of the MANUFACTURED HOME is a minimum of one foot
above the BASE FLOOD ELEVATION; or
2. The MANUFACTURED HOME chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
D. Per 44CFR 60.3(c), RECREATIONAL VEHICLES placed on sites within the FLOODPLAIN
shall:
I. Be on site for fewer than one -hundred eighty (180) consecutive days and be fully licensed
and properly equipped for highway usage; or
2. Shall meet the elevation and anchoring requirements for MANUFACTURED HOMES.
A RECREATIONAL VEHICLE is properly equipped for highway usage if it is on its wheels or
jacking system, is attached to the site only by quick disconnect utilities and security devices, and
has no permanently attached additions.
E. Per 44CFR 60.3(c), Zone AO (shallow flooding) areas can be located within the SPECIAL
FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with
BASE FLOOD depths of 1 to 3 feet where a clearly defined CHANNEL does not exist and where
the path of FLOODING is unpredictable and where velocity flow may be evident. Such
FLOODING is characterized by ponding or sheet flow. The following provisions shall apply:
1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential
STRUCTURES shall have the LOWEST FLOOR (including BASEMENT or crawlspace)
ELEVATED above the HIGHEST ADJACENT GRADE at least one foot above the depth
number specified in feet on the FIRM. If no depth number is provided on the FIRM, the
LOWEST FLOOR (including BASEMENT or crawlspace) shall be a minimum of three feet
above the HIGHEST ADJACENT GRADE. Upon completion of the STRUCTURE, the
elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, shall be
certified by a registered Colorado Land Surveyor. Such certification shall be submitted to the
FLOODPLAIN ADMINISTRATOR.
2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or
SUBSTANTIAL IMPROVEMENT of any commercial, industrial, or other non-residential
STRUCTURES shall either have the lowest floor (including BASEMENT or crawlspace)
ELEVATED a minimum of one foot above the BASE FLOOD ELEVATION (at least three
feet if no depth number is specified) or, together with attendant utility and sanitary facilities,
be designed so that at one foot above the BASE FLOOD level, the structure is
WATERTIGHT with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic loads
and the effects of buoyancy. A registered professional engineer or architect licensed in the
State of Colorado shall develop and/or review the structural design, specifications, and plans
for the construction, and shall certify that the design and methods of construction are in
accordance with accepted standards of practice.
3. Adequate drainage paths shall be established to guide FLOOD waters around and away from
proposed STRUCTURES.
Per 44CFR 60.3(c), notwithstanding any other provisions of this ORDINANCE, the COUNTY
may approve certain development in Zones Al -30, AE, or AH, on the COUNTY'S FIRM which
results in the increase of the BASE FLOOD WATER SURFACE ELEVATION by more than
one-half foot (6 inches), provided that a CLOMR is submitted to FEMA which fulfills the
provisions of 44CFR 65.12 and receives FEMA approval.
Sec. 8-13-230. Specific standards for FLOODPLAINS with FLOODWAYS.
FLOODWAYS are administrative limits and tools used to regulate existing and future
FLOODPLAIN DEVELOPMENT. The State of Colorado has adopted FLOODWAY standards that are
more stringent than the FEMA minimum standard. Located within the SPECIAL FLOOD HAZARD
AREA are areas designated as FLOODWAY. Since the FLOODWAY is extremely hazardous due to the
velocity of FLOOD waters which carry debris, potential projectiles and erosion potential, the following
provisions, in addition to the provisions of the general standards in Section 8-13-200. specific standards
for Approximate Floodplains in Section 8-13-210, and specific standards for FLOODPLAINS with BASE
FLOOD ELEVATIONS in section 8-13-220, for all NEW CONSTRUCTION and SUBSTANTIAL
IMPROVEMENTS that are located in FLOODWAYS shall apply:
A. Per 44CFR 60.3(d), encroachments within the regulatory FLOODWAY are prohibited. including
FILL, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, and other
DEVELOPMENT unless it has been demonstrated through hydrologic and hydraulic analyses
performed by a licensed Colorado Professional Engineer and in accordance with standard
engineering practices that the proposed encroachment would not result in any increase, as shown
by a NO RISE CERTIFICATION, in FLOOD levels within the COUNTY during the occurrence
of the BASE FLOOD discharge. Per CWCB FLOODPLAIN Rule 7, FEMA's Guidelines and
Specifications for Flood Hazard Mapping Partners and any other FEMA accepted methodology
are considered to be standard engineering practices.
B. Per 44CFR 60.3(d), if the above standard is satisfied, all NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS shall comply with all applicable provisions of this
ORDINANCE.
C. Per 44CFR 60.3(d), notwithstanding any other provisions of this ORDINANCE, the COUNTY
may approve certain development in Zones AI through 30, AE, or AH, on the COUNTY'S FIRM
which results in the increase of the BASE FLOOD WATER SURFACE ELEVATION by more
than one-half foot (6 inches), provided that a CLOMR is submitted to FEMA which fulfills the
provisions of 44CFR 65.12 and receives FEMA approval.
Sec. 8-13-240. Specific standards for FLOODPLAIN Studies.
CWCB FLOODPLAIN Rules 7, 9, and 10 provide specific standards for conducting
FLOODPLAIN studies.
A. Per CWCB FLOODPLAIN Rule 7, all FLOODPLAIN studies shall be carried out in accordance
with the following standards:
1. Approximate FLOODPLAIN information shall be based on detailed hydrology computed
for 100 -YEAR FLOODS. Hydraulic information shall be produced using approximate,
field, or limited techniques and the best available topographic/survey data.
2. Detailed FLOODPLAIN information shall be based on detailed hydrologic and hydraulic
determinations for 100 -YEAR FLOODS. FLOOD profiles and FLOODPLAIN
delineations for the BASE FLOOD shall be plotted.
3. Base mapping for FLOODPLAIN studies shall meet the minimum standards as set forth
in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners.
4. Topographic and field survey information for FLOODPLAIN studies shall meet the
minimum standards as set forth in FEMA's Guidelines and Specifications for Flood
Hazard Mapping Partners.
5. Geographic Information System information for FLOODPLAIN studies shall meet the
minimum standards as set forth in FEMA's Guidelines and Specifications for Flood
Hazard Mapping Partners.
6. Hydrologic analyses for FLOODPLAIN studies shall be completed using the information
set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners.
Additionally, hydrology studies must comply with the following:
a. All FLOODPLAIN studies, regardless of the level of detail, shall utilize detailed
hydrologic information. The Colorado Floodplain and Stormwater Criteria Manual
may be used as a reference to aid in the analysis; and
b. 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.
7. Hydraulic analyses for FLOODPLAIN studies shall be completed using the protocols set
forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners.
8. FLOODPLAIN delineations shall be completed using the protocols set forth in FEMA's
Guidelines and Specifications for Flood Hazard Mapping Partners and shall, at a
minimum, comply with the technical quality assurance standards as follows:
a. 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.
b. The planimetric features on the FLOODPLAIN maps must be consistent with the
best available aerial photographs or other suitable information for the stream and
adjacent corridor, as determined through prevailing industry practices.
9. The results of the hydrologic analyses, hydraulic analyses, and FLOODPLAIN
delineations shall be summarized in a written report. All FLOODPLAIN information
that is presented for designation shall be properly titled, dated, organized, and bound as a
stand-alone document. In addition to the hard copy final report, a digital copy of the final
report shall be submitted in MS WORD and PDF formats. All pertinent backup data such
as GIS files, hydrologic models, and hydraulic models shall also be provided in
acceptable digital formats.
a. 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 floodwater surface
profiles.
b. 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.
c. The regulatory FLOODPLAIN map scale shall be I -inch equals 1,000 feet or such
map scale showing greater detail. FEMA map panels may be at 1 -inch equals 500 ft,
1 -inch equals 1,000 feet, or 1 -inch equals 2,000 feet.
B. Per CWCB FLOODPLAIN Rule 9, 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.
1. 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.
2. The hydrologic analysis 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. Public
operation and maintenance shall include direct responsibility or ultimate responsibility
through written agreement.
3. 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.
4. If a STRUCTURE is not specifically designed and operated, either in whole or in part, for
FLOOD control purposes (i.e. railroad embankments, roadway embankments, non -
engineered berms, etc.), then its effects 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 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.
5. Adequate assurances shall include appropriate recognition in a COUNTY adopted master
plan of:
a. 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;
b. 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
c. A complete operations and maintenance plan.
6. Irrigation facilities, including, but not limited to, ditches and canals, shall not be used as
stormwater or FLOOD conveyance facilities, unless specifically approved and designated by
the COUNTY and approved by the irrigation facility owners. The FLOOD conveyance
capacity of irrigation facilities shall be acknowledged only by written agreement between the
facility owners and COUNTY, 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 COUNTY maintenance
access when needed.
7. Unless specified otherwise by aforementioned written agreement, FLOOD hydrology for
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.
C. Per CWCB FLOODPLAIN Rule 10, the use of LEVEES for property protection, FLOOD
control, and FLOOD hazard mitigation is not encouraged unless other mitigation alternatives are
not viable.
1. The areas landward of an accredited LEVEE SYSTEM shall be mapped as Zone X (shaded).
The DFIRM and FIRM for these areas will include an informational note that advises users of
the FLOOD risk in LEVEE -impacted areas.
2. In situations where LEVEES are the only viable alternative for protection of existing
DEVELOPMENT, "setback" LEVEES shall be designed and constructed to maintain the
natural CHANNEL and reserve a portion of the natural FLOODPLAIN capacity.
3. LEVEES shall not be used for FLOOD protection along streams or WATERCOURSES
where new DEVELOPMENT is planned.
4. 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.
5. For existing LEVEES that protect existing DEVELOPMENT, proper maintenance shall be
performed by LEVEE owners/operators, or non-federal sponsors in the case of federal
LEVEES, according to an operations and maintenance plan. LEVEES shall not be
constructed for the primary purpose of removing undeveloped lands from mapped
FLOODPLAIN areas for the purposes of DEVELOPMENT. When constructed, LEVEES for
which protection will be considered for designation and approval must meet the requirements
set forth in 44 CFR 65.10. Artificial embankments that function as a LEVEE or a FLOOD
control STRUCTURE must meet the provisions of CWCB Rule 10 or 2CCR 402-1 (2010),
respectively, in order to be considered as providing protection.
6. An operation and maintenance manual that ensures continuing proper function of the LEVEE
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 or State agency or a Colorado registered professional engineer that the
LEVEE meets the minimum freeboard criteria 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.
7. Privately -operated or maintained LEVEE SYSTEMS will not be considered in the hydraulic
analysis performed unless the COUNTY mandates operation and maintenance of the LEVEE
SYSTEM and the criteria set forth below are met.
a. 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.
b. 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.
c. A copy of the executed agreement shall be provided to the CWCB and the CWCB shall
be notified in writing of any changes made to the agreement.
8. 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.
9. In cases where levees are mapped as providing 100 -YEAR FLOOD 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 shall be mapped
using standard procedures.
10. 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 the level of BASE FLOOD protection, including adequate freeboard as
described above, provided that such human operation is specifically included in an
emergency response plan adopted by the COUNTY.
11. For areas protected by a LEVEE providing less than the level of BASE FLOOD 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
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.
Division 5
Appeal and Variance
Sec. 8-13-260. Appeal of FLOODPLAIN ADMINISTRATOR'S administrative decision.
Appeal of any FLOODPLAIN ADMINISTRATOR'S administrative decision regarding the
application or interpretation of this ORDINANCE shall be addressed pursuant to Weld County Code § 2-
4-10.
Sec. 8-13-270. VARIANCE procedures.
The Board of County Commissioners shall hear and render judgment on requests for
VARIANCES from the requirements of this ORDINANCE.
A. VARIANCE requests to the Board of County Commissioners shall be made and processed as set
forth below:
1. Application Requirements: VARIANCE requests regarding the application of specific terms
or requirements of this ORDINANCE shall be made submitted on a form provided by the
FLOODPLAIN ADMINISTRATOR and contain, at a minimum, the following information:
a. A statement that specifies the Weld County Code Section for which a VARIANCE
request is being sought;
b. A plot plan showing the location of existing features, such as STRUCTURES, fences,
streams, PUBLIC or private rights -of -way, streets or accesses. The plot plan shall include
the location and dimensions of all existing and proposed STRUCTURES; elevations of
the area in question; and any fill, storage of materials and drainage facilities. The plot
plan shall also show the boundaries of the FLOODPLAIN and FLOODWAY and the
BASE FLOOD WATER SURFACE ELEVATIONS;
c. A copy of a deed, purchase contract or other legal instrument indicating the applicant's
interest in the property. The deed, purchase contract or legal instrument should include a
complete and accurate legal description of the property;
d. A statement that demonstrates there is good and sufficient cause for granting a
VARIANCE. Per FEMA guidance, the following reasons are not considered good and
sufficient cause, including, but not limited to:
i. Property values will decrease;
ii. Inconvenience for the owner;
iii. The cost to comply with this ORDINANCE; and
iv. The property will look different from other properties in the neighborhood or
surrounding area.
e. A statement must demonstrate that an unnecessary hardship will be created if a
VARIANCE is not approved. Per FEMA guidance, the following hardships are not
considered exception hardships including, but not limited to:
i. Financial hardship;
ii. Inconvenience;
iii. Physical handicaps;
iv. Aesthetic considerations;
v. Personal preferences; and
vi. Disapproval of one's neighbors.
f. A statement that demonstrates how the danger of materials being swept into other lands
causing injury to others will be minimized or mitigated;
g.
A statement that demonstrates how the danger to life and property due to FLOODING or
erosion damage will be minimized or mitigated;
h. A statement that demonstrates how the susceptibility of the proposed facility and its
contents to FLOOD damage and the effect of such damage on the individual owner will
be minimized or mitigated;
i. Evidence that demonstrates the importance of the services provided by the proposed
facility to the COUNTY, where applicable;
j. Evidence that demonstrates the necessity to the facility of a waterfront location, where
applicable;
k. Evidence that demonstrates that the availability of alternative locations for the proposed
USE, which are not subject to FLOODING or erosion damage, was investigated;
1. A statement that demonstrates the safety of access to the property at times of FLOOD for
ordinary and emergency vehicles;
m. Evidence that has been prepared by a registered professional engineer licensed in the
State that demonstrates the expected depths, velocity, duration, rate of rise and transport
of the FLOOD waters and the effects of wave action, if applicable, expected at the site
will be;
n. Evidence that has been prepared, stamped, signed, and dated by a registered professional
engineer licensed in the State that demonstrates the USE will not result in any increase in
the BASE FLOOD WATER SURFACE ELEVATION within the FLOODWAY per
44CFR 60.6;
o. Evidence that demonstrates that the VARIANCE requested is the minimum VARIANCE
necessary, considering the FLOOD hazard, to afford relief; and
p.
Any other information determined to be necessary by the FLOOD PLAIN
ADMINISTRATOR or Board of County Commissioners that will aid the Board of
County Commissioners in making a decision on the VARIANCE request.
2. Duties of the FLOODPLAIN ADMINISTRATOR during the consideration of VARIANCE
requests.
a. The FLOODPLAIN ADMINISTRATOR shall review the application and determine that
it is complete before scheduling consideration of the VARIANCE request by the Board
of County Commissioners. Incomplete applications will be returned to the applicant with
a letter requesting additional information;
b. The FLOODPLAIN ADMINISTRATOR shall review the application for consideration
of the VARIANCE and shall prepare comments for use by the Board of County
Commissioners addressing all aspects of the VARIANCE and the effect of granting or
denying the request for VARIANCE;
c. Per 44CFR 60.6, the FLOODPLAIN ADMINISTRATOR shall maintain the records of
all VARIANCE requests, including technical information, and report any VARIANCES
granted to FEMA;
d. Per 44CFR 60.6, if the VARIANCE request is for a STRUCTURE with a LOWEST
FLOOR ELEVATION below the BASE FLOOD ELEVATION, the FLOODPLAIN
ADMINISTRATOR shall give written notice to any party to whom a VARIANCE is
granted that the STRUCTURE will be permitted to be built with a 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.
3. Duties of the Board of County Commissioners during consideration of VARIANCE requests.
a. The Board of County Commissioners shall hold a public hearing to consider the
VARIANCE request. The Board of County Commissioners shall make its decision
based on all technical evaluations, all relevant factors, standards specified in this
ORDINANCE, any information presented at the public hearing and its interpretation of
this ORDINANCE. The concurring unanimous vote of all Board of County
Commissioners hearing the case shall be necessary in order to decide in favor of the
party making the VARIANCE request of the terms of this ORDINANCE within the
FLOODPLAIN or FLOODWAY.
b. Per 44CFR 60.6, a VARIANCE request of the terms of this ORDINANCE within the
FLOOODPLAIN or FLOODWAY shall not be granted until and unless the Board of
County Commissioners has found and determined that:
1. The VARIANCE is the minimum VARIANCE necessary, considering the FLOOD
hazard, to afford relief;
2. A showing of good and sufficient cause has been demonstrated by the party
requesting the VARIANCE;
3. Failure to grant the VARIANCE would result in exceptional hardship to the party
requesting the VARIANCE;
4. A VARIANCE granted for a property in the FLOODWAY would not result in any
increase in FLOOD levels during the BASE FLOOD discharge;
5. The granting of a VARIANCE will not result in any increased FLOOD heights
during a 100 -YEAR FLOOD event, additional threats to public safety or
extraordinary public expense, the creation of nuisances, fraud or victimization of
the public, or conflict with existing local laws or regulations.
6. VARIANCES may be granted for one or more of the following reasons:
i. VARIANCES may be granted for NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS to be erected on a LOT of one-half ('/2)
acre or less in size contiguous to and surrounded by LOTS with existing
STRUCTURES constructed below the base level, provided that the material
required has been fully considered. As the LOT size increases beyond one-half
('/z) acre, the technical justifications required for issuing the VARIANCE will
increase;
ii. VARIANCES may be granted for the reconstruction, rehabilitation or
restoration of STRUCTURES listed on the National Register of Historic Places
or the State Inventory of Historic Places, without regard to the procedures set
forth above;
iii. VARIANCES may be granted for NEW CONSTRUCTION, SUBSTANTIAL
IMPROVEMENTS, and other DEVELOPMENT necessary for the conduction
of a functionally dependent USE provided that:
a. All the criteria listed above is met, and
b. The STRUCTURE or other DEVELOPMENT is protected by methods that
minimize FLOOD damages during the BASE FLOOD and create no
additional threats to public safety.
7. Upon consideration of the factors noted above in conjunction with the purpose and
objectives of this ORDINANCE, the Board of County Commissioners may attach
such conditions to the granting of VARIANCES as it deems necessary to further
the purpose and objectives of this ORDINANCE.
Division 6
Violations and Penalties
Sec. 8-13-290. VIOLATIONS and penalties.
The COUNTY, through the Department of Public Works or other departments so authorized, may
enforce this ORDINANCE through methods included in this ORDINANCE or through other methods
adopted by the Board of County Commissioners. The methods provided in this ORDINANCE for
violations and penalties are authorized by § 30-28-124, and § 30-28-124.5, C.R.S.
Sec. 8-13-300. Criminal penalties.
A. It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in
violation of any provision of this ORDINANCE. Any person, firm or corporation violating any
provision of this ORDINANCE is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the
COUNTY jail for not more than ten (10) days, or by both such fine and imprisonment. Each day
during which such illegal erection, construction, reconstruction or alteration continues shall be
deemed a separate offense.
B. It is unlawful to USE any BUILDING, STRUCTURE or land in violation of any provision of this
ORDINANCE. Any person, firm or corporation violating any provision of this ORDINANCE is
guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more
than one hundred dollars ($100.00), or by imprisonment in the COUNTY jail for not more than
ten (10) days, or by both such fine and imprisonment. Each day during which such illegal USE of
any BUILDING, STRUCTURE or land continues shall be deemed a separate offense.
C. Whenever the Department of Public Works, through one (1) of its employees, has personal
knowledge of any VIOLATION of this ORDINANCE, it shall give written notice to the violator
to correct such VIOLATION within ten (10) days after the date of such notice. Should the
violator fail to correct the VIOLATION within such ten-day period, the Department of Public
Works may request that the Weld County Sheriff's Office issue a summons and complaint to the
violator, stating the nature of the VIOLATION with sufficient particularity to give notice of said
charge to the violator. The summons and complaint shall require that the violator appear in court
at a definite time and place stated therein to answer and defend the charge. One (1) copy of said
summons and complaint shall be served upon the violator by the Sheriff's Office in the manner
provided by law for the service of a criminal summons. One (1) copy each shall be retained by
the Sheriff's Office and the Department of Public Works and one (1) copy shall be transmitted to
the Clerk of the Court.
D. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the
event the Board of County Commissioners deems it appropriate, the Board of County
Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of
the County Attorney.
Sec. 8-13-310. Equitable relief in civil action.
In case any DEVELOPMENT, BUILDING or STRUCTURE is or is proposed to be erected,
constructed, reconstructed, altered or USED, or any land is or is proposed to be USED, in VIOLATION
of any provision of this ORDINANCE, the County Attorney, or where the Board of County
Commissioners deems it appropriate, the District Attorney, in addition to the other remedies provided by
law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate
action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction,
reconstruction, alteration or USE.
Sec. 8-13-320. Civil penalties.
A. It is unlawful to erect, construct, reconstruct, alter, or USE any BUILDING, STRUCTURE, or
land in violation of this ORDINANCE. In addition to any penalties imposed pursuant to Weld
County Code Sections 8-13-300 and 8-13-310 above, any person, firm or corporation violating
any such regulation, provision or amendment thereof or any provision of this ORDINANCE may
be subject to the imposition, by order of the COUNTY Court, of a civil penalty in an amount of
not less than two -hundred and fifty dollars ($250.00) nor more than five -hundred dollars
($500.00). It is within the discretion of the County Attorney to determine whether to pursue the
civil penalties set forth in this Subsection, the remedies set forth above, or any combination of the
three. Each day after the issuance of the order of the COUNTY Court during which such unlawful
activity continues shall be deemed a separate VIOLATION and shall, in accordance with the
subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to
exceed fifty dollars ($50.00) for each such day. Until paid, any civil penalty ordered by the
COUNTY Court and assessed under this Subsection shall, as of recording, be a lien against the
property on which the violation has been found to exist. In case the assessment is not paid within
thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall
collect the assessment, together with a ten -percent penalty for the cost of collection, in the same
manner as other taxes are collected. The laws of the State for assessment and collection of
general taxes, including the laws for the sale and redemption of property for taxes, shall apply to
the collection of assessments pursuant to this Subsection. Any lien placed against the property
pursuant to this Subsection shall be recorded with the County Clerk and Recorder.
B. In the event any BUILDING, or STRUCTURE is erected, constructed, reconstructed, altered or
USED, or any land is USED in VIOLATION of this ORDINANCE, the County Attorney, in
addition to other remedies provided by law, may commence a civil action in County Court for the
COUNTY. seeking the imposition of a civil penalty in accordance with the provisions of this
Section.
C. The Department of Public Works, through one (I) of its employees, shall, upon personal
information and belief that a VIOLATION of any regulation or provision of this ORDINANCE,
give written notice to the violator to correct such VIOLATION within ten (10) days after the date
of such notice. If the violator fails to correct the VIOLATION within such ten-day period or
within any extension period granted by the Department of Public Works, the Department of
Public Works may request that the County Sheriff or the County Attorney issue a summons and
complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to
give notice of such charge to the violator.
D. One (1) copy of the summons and complaint issued pursuant to Subsection C above shall be
served upon the violator in the manner provided by law for the service of a County Court civil
summons and complaint in accordance with the Colorado Rules of County Court Civil Procedure.
The summons and complaint shall also be filed with the Clerk of the County Court and thereafter
the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure.
E. If the County Court finds, by a preponderance of the evidence, that a VIOLATION of any
regulation or provision of this ORDINANCE has occurred, the Court shall order the violator to
pay a civil penalty in an amount allowed pursuant to Subsection A above. Such penalty shall be
payable immediately by the violator to the County Treasurer. In the event that the alleged
VIOLATION has been cured or otherwise removed at least five (5) days prior to the appearance
date in the summons, then the County Attorney shall so inform the Court and request that the
action be dismissed without fine or appearance of the defendant.
F. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in
full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit of the
Department of Public Works that the VIOLATION has been cured, removed or corrected, the
Court shall dismiss the action and issue a satisfaction in full of the judgment so entered.
G. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection F
above is not filed, the action shall continue and the Court shall retain jurisdiction to impose an
additional penalty against the violator in the amount specified in Subsection A of this Section.
Such additional penalty shall be imposed by the Court upon motion filed by the COUNTY and
proof that the VIOLATION has not been cured, removed or corrected. Thereafter, the action shall
continue the penalty and any additional penalties so assessed and the filing of an affidavit of the
Department of Public Works that the VIOLATION has been cured, removed or corrected.
Sec. 8-13-330. Relationship to other ordinances.
The Department of Planning and Building shall withhold issuance of Building Permits if the erection,
construction, reconstruction, alteration, or USE of the property does not conform to the terms set forth
in this ORDINANCE.
Sec. 23-1-90. Definitions.
ALTERATION OF A WATERCOURSE: Arm DEVELOPMENT which changes the direction of
O/� �r m�..� ..� �1-. ,. iAiTC[7A,1CT1I A Tf` fll-'i`i/lhi A i 1'f 1111T ____._ [1 _ • . . n
AREA OF SPECIAL FLOOD HAZARD: See INTERMEDIATE REGIONAL FLOOD
definition.
BASE FLOOD: See INTERMEDIATE REGIONAL FLOOD.
tie purposes of this Chapter, any craw space with six (6) feet or more between the floor and the
ceiling shall be considered to be a BASEMENT.
CHANNEL (FLOODPLAIN): A natural or artificial watercourse of perceptible extent, with
CHANNEL flow thus is that water which is flowing within the limits of the defined CHANNEL.
CRITICAL FEATURE: An integral and readily identifiable part of a FLOOD protection system,
DEVELOPMENT (This definition applies only to DEVELOPMENT when used in the
I
.
1
operations or storage of equipment or materials located within the area of special flood hazard.
ELEVATE: To build or raise a STRUCTURE to the level, or above the level of the
REGULATORY FLOOD DATUM.
' 1 / I 1 tr ♦T I /,
MANUFACTURED HOME PARK or SUBDIVISION w
len usec
in t
acministration o
a
ooc
contiguous parce
or sale.
s) of
anc
c
ividec
into two (2) er more MANUFAC
URED
OME LOTS for rent
EXPANSION TO AN EXISTING M4NUFA-CTUR D HOME PARK or SUBDIVISION (This
definition applies only to an EXPANSION TO A -N EXISTING MANUFACTURED HOME PARK or
of facilities for servicing LOTS on which the MANUFACTURED HOMES are to be affixed
pouring of concrete pads).
FLOOD or FLOODING: A general and TEMPORARY condition of partial or complete
inundation of normally dry land areas caused by the unusual and rapid accumulation or runoff of
surface waters from any source.
A.
from:
The overflow of water from CHANNELS and reservoir spillways; and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD IIAZARD AREA: Any anc w lie i is subject to inuncation by tie -ooc waters of an
intermeciate regiona 'ooc. F ooc iazarc areas in tie unincorporated areas o= tie COUN'Y are
shown as FP I and FP 2 (Floodprone) and FW (FLOODWAY) District on the Official Weld County
Flood Hazard Overlay District Zoning Maps.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Emergency
Management Agency ias ce ineatec lot i tie AR OF S'ECIAL " LOOD AZA RDS ant t
premium zones applicable to the community.
ie ris
FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency
Management Agency that inc uees FLOOD prof es, tie F _,OOD Bouncary FLOODWAY N/ap anc
the WATER SURFACE ELEVATION of the BASE FLOOD.
FLOOD, ONE HUNDRED YEAR: (See INTERMEDIATE REGIONAL FLOOD).
FLOOD WATER DEPTH: The depth of the water at any point in a FLOODPLAIN during an
INTERMEDIATE REGIONAL FLOOD.
FLOODPLAIN: Any land area susceptible to being inundated by water from any source,
including the area of land over which floodwater would flow from the spillway of a reservoir. An
INTERMEDIATE REGIONAL FLOODPLAIN includes the land area which is likely to be
inundatee by tie water o -an-NERN/ED AE REG ONAL LOOD.
FLOODPROOF: Any combination of structura anc nonstructura
or accitions to properties or STRUCTURES w iie i are cesignec to
STRUCTURES and water and sanitary sewer facilities.
c
e
esigns, changes, adjustments
iminate FLOOD damage to
FLOODWAY: The CHANNEL of a river or WATERCOURSE and the adjacent land areas
w iic is requirec to carry anc cisciarge iarge tie f oocwaters of tie NTERMEDIA-E REG ONA_
FLOOD without increasing the WATER SURFACE ELEVATION more than one (1) foot. The
FLOODWAY is shown on tie Official We c County F ood Hazard Over ay District Zoning Maps as
the FW (FLOODWAY) District.
INTERMEDIATE REGIONAL FLOOD (BASE FLOOD, ONE PERCENT FLOOD, ONE
HUNDRED YEAR FLOOD): A FLOOD which has a one percent chance of being equaled or
exceeded in any given year.
LEVEE: A man mace structure, usua y an ears ten emban
accorcance wit i sounc engineering practices to contain, contro
provide protection from Temporary Flooding.
:ment, designed and constructed in
or divert the flow of water so as to
LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and
associated STRUCTURES, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
LOWEST FLOOR: The LOWEST FLOOR elevation of STRUCTURES without a BASEMENT
the STRUCTURE. The LOWEST FLOOR elevation of STRUCTURES with a BASEMENT shall
the STRUCTURE. The LOWEST FLOOR elevation ofia MOBILE HOME shall be considered to
be the elevation, above MEAN SEA LEVEL, of the top of the MOBILE HOME PAD.
required utilities. This term also includes park trailers, travel trailers and other similar vehicles
(MOBILE) HOME shall not be allowed to deteriorate to the condition of a DERELICT
MANUFACTURED (MOBILE) HOME.
MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, the National
shown on a community's FLOOD INSURANCE RATE MAP are referenced.
MOBILE HOME (This definition applies only to MOBILE HOMES when used in the
,.0
District.): A MOBILE HOME shall be required to have a permanent engineered foundation. The
r Ma(•A•Y•AM} ••r
etc., must be one (1) foot above the Base Flood Elevation.
MOBILE HOME PAD (This cefinition app
ies on
y to MOBILE HOME PADS w
ien usec
in
10
District.): A MOBILE PAD is not allowed.
•
7.
000
NEW MANUFACTURED HOME PARK OR SUBDIVISION when used in the administration of a
MANUFAC—URED - OArE PAR{ or SU-BDIV' S ON for w'}ici tie construction of faci ities for
servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including at a
•
regulations adopted by a community.
ZONING DISTRICT which places further restrictions upon land USES. These restrictions are
airplane accidents, FLOODS and G-EOLOGIC. DEVELOPMENTS within the OVERLAY
ZONING DISTRICT sial conform to tie requirements of botzones.
in the administration of a Flood Hazard Overlay District Development Permit or the Flood Hazard
Overlay District): A defect in a community's FLOODPLAIN management regulations or
administrative procedures that impairs effective implementation of those FLOODPLAIN
management regu ations or of NFIP stancarcs in /4 C.F.R. Sections 60.3, 60.4, 60.5 or 60.6.
REGULATORY FLOOD DATUM: One (I) foot above the elevation of the surface of the water
of an INTERMEDIATE REGIONAL FLOOD. If only the depth of the floodwater of an
INTERMEDIATE REGIONAL FLOOD has been determined, the REGULATORY FLOOD
DATUM is equa to tie cepti of tie FLOOD water p us one ( ) foot.
RELOCATION OF A WATERCOURSE: See -ALTERATION -OF A WATERCOURSE.
REMEDYA VIOLATION (This definition applies only to REMEDYA VIOLATION when used in
the administration of a Flood Hazard Overlay District DEVELOPMENT Permit or the FLOOD
HAZARD Overlay District): To bring the STRUCTURE or other DEVELOPMENT into
compliance with state or local T LOODPLA N management regu ations, or, if tiis is not possib e, to
recuce tie impacts of its noncomp lance. Ways tiat impacts may be recucec inc uce protecting toe
STRUCTURE or other affected DEVELOPMENT from FLOOD damages, implementing the
enforcement provisions of this Ciapter or otierwise ceterring future simi ar vio ations, or recucing
federal financial exposure with regard to the STRUCTURE or other DEVELOPMENT.
SPECIAL FLOOD HAZARD AREA: Land in the FLOODPLAIN within the COUNTY subject
to a one percent or greater chance of FLOODING in any year.
START OF CONSTRUCTION (This definition applies only to START OF CONSTRUCTION
w len usec in tie acministration of a F 1OOD AZARD Over ay District Deve opment Permit or tie
FLOOD IAZARD Over ay District): I-nc uces SUBSTANTIAL MPROVEMENT, anc means tie
cate tie bui cing permit was issued, provicec tiat tie actua START OF CONSTRUCT ON, repair,
reconstruction, p acement or otier improvement was wit uin one iunerec eigity (180) cays of tie
permit date. The actual start means the first placement of permanent construction of a
STRUCTURE on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns or any wor; beyonc tie stage of excavation; or tie p acement of a
MANUPAC I J - OMB on a 'ouncation. Permanent construction goes not inc uce anc
preparation, such as c earing, grac ing and FILLING; nor does it induce tie installation of STREETS
anc/or wa <ways; nor does it inc-uce excavation for a BASEMENT, footings, piers or =ouncations or
the erection of TEMPORARY forms; nor does it include the installation on the property of
ACCESSORY BU NGS, suci as garages or siecs not occupiec as DWE NG UNITS or not
part of the main STRUCTURE.
SUBSTANTIAL DAMAGE (This cefinition app ies on y to SUBSTANTIAL DAMAGE w len usec
in tie acministration o' a F ooc -azarc Over ay District Deve opment Permit or tie : ood -azarc
Over ay District): Damage of any origin sustainec by a structure w iereby tie cost of restoring tie
structure to its before damagec coneition wou-d equa or exceec flay percent (50%) ot ie mar<et
value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a
STRUCTURE the cost of which equals or exceeds fifty percent (50%) of the market value of the
STRUCTURE either before the improvement is started er, if the STRUCTURE has been damaged
anc is being restorec, before tie carnage occurred. For tie purposes of tiis cefinition,
SUBSTANTIAL IMPROVEMENT is consicerec to occur w len toe lrst a teration o, any wa , cei ing,
oor or t ie structura part o' tie bui cing commences, wiener zer or not tiat a teration affects toe
external dimensions of the STRUCTURE. The term does not, however, include any project for
STRUCTURE listed on the National Register of Historic Places or a State Inventory of Historic
Places.
VARIANCE (This cefinition app ies on y to VARIANCE w len usec in tie acministration of a
FLOOD HAZARD Overlay District Development Permit or the FLOOD HAZARD Overlay
manner that would otherwise be prohibited by this Chapter.
VIOLATION (This cefinition app ies on y to VIOLATION wren usec in tie acministration of a
FLOOD HAZARD Overlay District Development Permit or the FLOOD HAZARD Overlay
District): The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with the
NFIP Standards Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) is presumed to be in
VIOLATION until such time as tiat cocumentation is provicec to slow otherwise.
WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, or other datum, where specified of an INTERMEDIATE REGIONAL
FLOOD or FLOODS of various magnitudes and frequencies in the FLOODPLAINS of coastal or
riverline areas.
WATERCOURSE: Any natural or artificial CHANNEL through which water flows.
FLOOD.
Sec. 23-2-50. Application requirements for Change of Zone.
C. A vicinity and land USE map of the area shall be submitted as part of the general application.
These maps shall be drawn to the following specifications:
1. The maps shall be delineated on reproducible material approved by the Department of
Planning Services.
2. The dimensions of the land USE map shall be thirty-six (36) inches wide by twenty-four (24)
inches high and prepared at a scale of one (1) inch equals one hundred (100) feet (1" = 100') or at
other suitable scale when approved by the Department of Planning Services. The vicinity map shall
be drawn at suitable scale on the land USE map ( I" = 2000').
3. The following information, when applicable, shall be shown:
a. Outline of the perimeter of the parcel proposed for the Change of Zone.
b. Title, scale and north arrow.
c. Ditches on or within two hundred (200) feet of the property.
d. Location of rivers and other drainage systems on or within two hundred (200) feet of the
property.
e. Location of easements, rights -of -way and other similar interests of record on the parcel
and within fifty (50) feet of the parcel.
f. Location of all existing utilities (electricity, gas, water and sewer) on the parcel, as well as
within fifty (50) feet of the parcel.
g.
SPECIAL
FLOOD HAZARD AREAS on the property.
h. Areas of GEOLOGIC HAZARD on the property.
i. Mineral resource areas on the property.
j. Areas of moderate or severe soil limitations as defined by the Natural Resource
Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist
for the uses and associated STRUCTURES permitted within the proposed zone district.
k. Other information as may be reasonably required by the Department of Planning Services
in order to determine that the application meets the standards and policies set forth in this
Chapter and in Chapter 22.
Sec. 23-2-260. Application requirements.
D. Special Review Permit Plan Map.
1. The map shall be delineated on reproducible material approved by the Department of
Planning Services.
2. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches
high.
3. The Special Review Permit Plan Map shall include certificates for the property owner's
signature, the Planning Commission, the Board of County Commissioners and the Clerk to the
Board. The required content of the certificates is available from the Department of Planning
Services.
4. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan
Map.
a. The scale of the vicinity map shall be one (1) inch equals two thousand (2,000) feet or at
another suitable scale if approved by the Department of Planning Services.
b. The vicinity map shall delineate all of the required information within a one-half ('/z)
mile radius of the property proposed for the Use by Special Review.
c. The following information shall be shown on the vicinity map:
1) Section, township and range.
2) Scale and north arrow.
3) Outline of the perimeter of the parcel proposed for the Use by Special Review.
4) The general classifications and distribution of soils over the parcel under
consideration. Soil classification names and agricultural capability classifications must be
noted in the legend.
5) Locations and names of all roads, irrigation ditches and water features.
6) Location of all residences within a one -half -mile radius, existing and proposed
accesses to the property proposed for the Use by Special Review, any abutting subdivision
outlines and names, and the boundaries of any ADJACENT municipality.
7) Any other relevant information within a one -half -mile distance of the perimeter
property proposed for the Use by Special Review as may be reasonably required by the
COUNTY to meet the intent and purpose of this Chapter.
5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special
Review Permit Plan Map.
a. The scale of the plot plan shall be one inch (1") equals one hundred feet (100) or at
another suitable scale if approved by the Department of Planning Services.
b. The plot plan shall outline the Boundaries of the parcel being considered for the Use by
Special Review.
c. The plot plan shall include the location and identification of all of the following items
which exist within a two -hundred -foot radius of the boundaries of the Use by Special Review
area, as well as within the area itself; it shall also include the proposed features and
STRUCTURES of the Use by Special Review:
1) All public rights -of -way of record (including names).
2) All existing and proposed STRUCTURES.
3) All utility easements or rights -of -way for telephone, gas, electric, water and sewer
lines.
4) Irrigation ditches.
5) Adjacent property lines and respective owners' names (may be shown on vicinity map
instead).
6) All hydrographic features including streams, rivers, ponds and reservoirs (including
names).
7) Topography at two -foot contour intervals or at intervals as determined necessary by
the Department of Planning Services.
8) Location of areas of moderate or severe soil limitations as defined by the Natural
Resources Conservation Service or by a soil survey and study prepared by a soils engineer or
scientist for the USES and associated STRUCTURES proposed for the parcel.
9) Location and design of stormwater management devices or STRUCTURES.
10) Complete traffic circulation and parking plan showing locations and sizes.
11) Location, amount, size and type of any proposed LANDSCAPE material,
including fencing, walls, berms or other SCREENING.
12) Location of any flood hazard
SPECIAL FLOOD HAZARD AREAS,
GEOLOGIC HAZARDS or mineral resource areas.
13) The location of any sign requiring zoning approval. Distances from property
lines shall be indicated.
14) Such additional information as may be reasonably required by the Department of
Planning Services, the Planning Commission or the Board of County Commissioners in order
to determine that the application meets the requirements of this Chapter, the policies of
Chapter 22 of this Code and any other applicable code provision or ordinance in effect.
Sec. 23-2-285. Minor amendments.
L. Site Specific Development Plan and Use By Special Review (USR) Map Requirements:
1. Vicinity Map Requirements:
a. One (1) inch equals two thousand (200) feet scale (1" = 2000') or other scale approved by
the Department of Planning Services.
b. Delineation of the following required information within a one -half -mile radius of the
property proposed for the Use by Special Review.
c. Section, township and range.
d. Scale and north arrow.
e. Outline of the perimeter of the parcel proposed for the Use by Special Review.
f. The general classifications and distribution of soils over the parcel under consideration
(soil classification names and agricultural capability classifications must be noted in the legend).
g. Locations and names of all roads, irrigation ditches and water features.
h. Location of all residences within a one -half -mile radius, existing and proposed accesses to
the property, any abutting subdivision outlines and names, and the boundaries of any adjacent
municipality.
2. Plot Plan Requirements:
a. One (1) inch equals one hundred (100) feet scale (1" = 100') or other scale approved by
the Department of Planning Services.
b. Outline of the boundaries of the parcel being considered for the Use by Special Review.
c. Location and identification of all of the following items which exist within a two -
hundred -foot radius of the perimeter of the property for the Use by Special Review.
d. Public rights -of -way for telephone, gas, electric, water and sewer lines.
e. Existing and proposed structures.
f. Utility easements or rights -of -way for telephone, gas, electric, water and sewer lines.
g. Adjacent property lines and respective owner's names (may be shown on vicinity map).
h. Irrigation ditches (including names).
i. All hydrographic features, including streams, rivers, ponds and reservoirs.
j. Topography at two -foot contour intervals or at intervals as determined necessary by
Planning Services.
k. Location of areas of moderate or severe soil limitations.
I. Location and design of storm water management devices or structures.
m. Complete traffic circulation, access and parking plan showing locations and sizes of
features.
n. Location, amount, size and type of any existing and proposed landscaping, fencing, walls,
berms or other screening.
o. Location of any flood hazard SPECIAL FLOOD HAZARD AREAS, geologic hazard
GEOLOGIC HAZARDS or mineral resource areas.
p. Plat Certificate Signature Blocks for Property Owners, Planning Commission and Board
of County Commissioners.
q. Affidavit of Interest of Owner's Surface Estate.
r. Water Supply Information Summary.
s. Road Access sheet.
t. Any other relevant information about the property as may be reasonably required by the
County to meet the intent and purpose of this Chapter. (Weld County Code Ordinance 2011-3)
Sec. 23-2-370. Application requirements.
An adequate number of copies of the application for a Special Review Permit shall be submitted by
the applicant to the Department of Planning Services. An application for a Special Review Permit shall
contain the following information in such form as prescribed by the Department of Planning Services:
D. A detailed report shall be submitted which includes information on the following items:
g.
1. A complete description of the facilities, including the source, capacity, destination and
type of structures.
2. A complete analysis of the alternative routes or sites considered, to include in each case:
a. Reasons for consideration.
b. Types of agricultural and other land USES affected.
c. Construction cost of the proposed alternatives.
d. Impacts on mineral resources.
e. Impacts on wildlife habitat.
f. Impacts on historical, archaeological and scenic resources.
Visual impacts created by aboveground facilities.
h. A description of any GEOLOGIC HAZARDS or
AREAS which could adversely affect the DEVELOPMENT.
SPECIAL
i. Advantages and disadvantages of the alternatives considered.
FLOOD HAZARD
j. The applicant shall submit to the Department of Planning Services a copy of an
agreement with the mineral owners associated with the subject property. Such agreement
shall stipulate that the oil and gas activities on the subject property have been adequately
incorporated into the design of the site, OR shall provide written evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owners on the subject
property.
k. The applicant shall submit to the Department of Planning Services a copy of an
agreement with the owner of any ditch located on or adjacent to the site, OR shall provide
written evidence that an adequate attempt has been made to mitigate the concerns of the ditch
owners. The agreement shall stipulate that ditch activities have adequately been incorporated
into the design of the site. If such agreement cannot be reached, the applicant shall present
evidence that an adequate attempt to reach such agreement has been made.
Division 6
Flood Hazard Development Permit
Sec. 23 2 450. Intent.
Tie intent of tie FLOOD I-bAZARD deve opment permit is to ensure t lat proposes BUILDING
sites, DEVELOPMENTS and STRUCTURES w iic i are to be ocatec wit tin tie FW (F oocway) District
and FP anc FP 2 (F oodprone) Districts are safe from floocing. (We c County Cocification Ordinance
2000 1)
See. 23 2 460. Applicability.
No building permit or mobi
STRUCTURE which requires a bui
e home permit s
ding permit or mobi
be issued nor sha
any BU
LDING or
e home permit be erected, constructed, rep acec
or SUBSTANTIALLY IMPROVED within the FW (FLOODWAY) District and FP I and FP 2
(Floodprone) Districts until a FLOOD HAZARD Development Permit for such a BUILDING or
application for a FLOOD HAZARD Development -Permit for a STRUCTURE or MOBILE HOME is
filing an application for a FLOOD HAZARD Development Permit which involves only the
ALTERATION OR RELOCATION OF A WATERCOURSE is required to comply only with the
application requirements listed in Section 23 2 490 below. Any BUILDING or STRUCTURE which is
Maps, is required to obtain a FLOOD HAZARD Deve opment Permit in accordance wit l this Division
and Article V, Division 3 of this Chapter. This FLOOD HAZARD Development Permit shall be obtained
for all BUILDINGS or STRUCTURES which are to be located within the FLOODPLAIN regardless of
Building Permit requirements. (Weld County Codification Ordinance 2000 1)
Sec. 23 2 170. Duties of Department of Planning Services.
agencies from which prior approval is required. The Department of Planning Services shall review the
be notified of specific deficiencies.
J
Services. The group or agency to whom the application is referred shall review the application to
group or agency to respond within twenty eight (28) days shall be deemed to be a favorable response to
the Department of Planning Services. The reviews and comments solicited by the COUNTY are intended
to provide the Department of Planning Services with information related to the proposed FLOOD
solicit acditional information if such information is deemed necessary. The reviews and comments
submitted by a referral agency are recommendations to the Department of Planning Services. The
authority and responsibility for making the decision to approve, approve subject to conditions or deny the
C. The Department of Planning Services shall notify the applicant within forty five (45) days of the
action taken on the FLOOD HAZARD Development Permit.
D. In case of disapproval, the Department of Planning Services shall notify the applicant and shall
specifically indicate the reasons for the decision.
permit or mobile home permit application a certification of approval of the FLOOD HAZARD
Development Permit. This certification of approval shall include the signature of the Department of
Planning Services authorized representative. a list of any conditions imposed as a part of the FLOOD
as a part of the FLOOD HAZARD Development Permit app
ication.
F. Tie Department o anning Services s la obtain anc recore the actua elevation, in re ation to
mean sea level, of the LOWEST FLOOR of all new or SUBSTANTIALLY IMPROVED
STRUCTURES. For a
STRUCTURES:
new, replacement or SUBSTANTIALLY
MPROVED floocproofed
I. Verify and record the actual elevation, in relation to mean sea level, to which the
STRUCTURE has been floodproofed.
2. Maintain t
iee
evation and floocproofing certifications required in Chapter 29, Artie
G. Maintain for public inspection a
records pertaining to the provisions of this Division.
eI
1I. When the BASE FLOOD WATER SURFACE ELEVATION data has not been provided in
accorcance wit i Section 23 2 L90 C.5 be ow, tie Department of P anning Services may obtain, review
and reasonably utilize any BASE FLOOD WATER SURFACE ELEVATION cata avai able from a
federal, state or other source, as criteria for reviewing the FLOOD HAZARD Development Permit
app ication. (Welc County Cocification Orc inance 2000 1; We c County Code Orcinance 2001 1 : We c
County Code Ordinance 2003-10)
Sec. 23 2 180. Standards.
Tie Department of P anning Services sha not issue a FLOOD HAZARD Development Permit unti
it las ceterminec tiat a app icab'e stanc arcs specifies in tiis Subsection lave been met by tie app leant.
Any USE or DEVELOPMENT which results only in the ALTERATION OR RELOCATION OF A
WATERCOURSE and does not require a building permit need only meet the standards listed in
Subsection I below.
A T
Chapter.
�e app
icant has met a
app
icab
e conditions
isted in Section 23 5 250 or 23 5 260 of this
B. a STRUCTURE is to be EJEVArED in orcer to meet tic oocproofingrequirements, tie
property owner shall certify that the LOWEST FLOOR is ELEVATED (for existing STRUCTURES
which are being SUBSTANTIALLY IMPROVED or replaced) or will be built (for new
STRUCTURES) to the level, or above, of the REGULATORY FLOOD DATUM. The certificate
shall include the elevation of the ground and the existing (for SUBSTANTIALLY IMPROVED
STRUCTURES) or proposed (for new STRUCTURES) elevation of the lowest floor of the
STRUCTURE. The ground elevation and elevation of the LOWEST FLOOR of any existing
STRUCTURE shall be certified to be accurate by a licensed surveyor or registered professional
eneineer:
C. For all new construction and SUBSTANTIAL IMPROVEMENTS, fully enclosed areas
be ow tie owest -Thor t gat are suiect to -ooding sia be cesignec to automatica y equa ize
lycrostatic f ooc forces on exterior wa s by a owing for tie entry anc exit of f oodwaters. Designs
for meeting tuffs requirement must eider be certifies by a registerec professiona engineer or
architect or must meet or exceed the following criteria:
inc
I. A minimum of two (2) openings laving a tota
net area of not less than one (
for every square toot of enc-osec area subject to fooding shall be providec.
2. The bottom o
a
openings s
ua
be +to hit
ler than one (1) foot axwe grace.
3. Openings may be equippec wits screens, -ouvers or of
that they permit the automatic entry and exit of floodwaters.
scuare
ler coverings or devices, provided
D. A registerec professiona engineer sia certify tiat a STRUCTURES w bicn are not
ELEVATED in order to-be--LOO-DPROOFED are designed so the STRUCTURE is
WATERTIGHT below the elevation of the REGULATORY FLOOD DATUM and that the
£. A manufactures homes or t -lose to w
conform to the following requirements:
Bich SUBSTAN
AL IMPROVEMENT is made s
ba
r
the manufactured home is e
evatec
to t
be
eve
of, or above, t
e REGULATORY FLOOD
flotation, collapse and lateral movement.
2. Manufactured homes to be placed or substantially improved on sites in existing
above shall be elevated so that the
or above. the regulatory flood datum.
owest floor of t
ie manu
actured home is bui
t to t
be
eve
F. RECREATIONAL VEHICLES shall be permitted -on site for a maximum of one hundred
requirements and e
evation and anc
boring requirements for Manufactured Homes.
0
floodwater into such system by an
NTERMED
ATE REGIONAL FLOOD.
prevent disc
FLOOD.
barges
rom such systems into t
ie
ooc waters o
an
N
ERMED
ATE REGIONAL
registered professional engineer s
will not cause any increase in floodwater leve
ball certify
t
s
lat the proposec USE or STRUCTURE, wien built,
curing an INTERMEDIATE REGIONAL FLOOD.
J. No encroachments, including fill, NEW CONSTRUCTION, replacement of existing
certification by a registered professional engineer er architect is provided demonstrating that
e occurrence of an
INTERMEDIATE REGIONAL FLOOD.
K. If FILL material is to be used in the FP 1 or FP 2 (Floodprone) Districts, a registered
professional engineer shall certify that the FILL material is designed to withstand the erosional
2orces assoc.atec wits a. INTERN. - DIATE .3 a's1A
L. Any USE or DEVELOPMENT which causes or results in an ALTERATION OR
RELOCATION OF A WATER COURSE shall comply with the requirements listed below. If the
USE or DEVELOPMENT does not include any new construction or SUBSTANTIAL
IMPROVEMENT of STRUCTURES and it only includes the ALTERATION OR RELOCATION
OF A WATERCOURSE, comp lance wit i tie fo owing stancarcs s is tie on'y requirement wiici
neees to be met before tie Department of P anning Services may issue a F ooc Hazarc Deve opment
Permit. The applicant shall provide evidence that:
i. Municipalities within a three mile radius of the proposed ALTERATION or
RELOCATION have been notified in writing of the proposed ALTERATION or
RELOCATION.
2. The Colorado Water Conservation Board has been notified in writing o
ALTERATION or RELOCATION.
3. Tie nsurance anc Mitigation Division otie Fec
ias aeen notilec in writing o- t fie proposec A ..TERAT ON or RELOCATION.
t
ie proposec
eral Emergency Management Agency
r . A registerec professiona engineer sia 1 certify t fiat t fie = ooe carrying capacity wit iin tie
ALTERED or RELOCATED portion of the WATERCOURSE will remain the same after the
ALTERATION or RELOCATION as existed prior to the ALTERATION or RELOCATION.
Tie certification s is a so provice evicence wiici substantiates tint tie ALTERAT_ON or
RE ,..00AT ON sia not adverse y affect ancowners upstream or c ownstream from tie
ALTERATION or RELOCATION. (Weld County Codification Ordinance 2000 I)
Sec. 23 2 490. Application requirements.
FLOOD hAZARD Deve opment Permit app ications submittec for review sia inc uce tic
fol owing information. App ications containing 1/4ess tian tie specifiec requirements s is not be acceptec
for review unless tie app icant ias submittec to, and iae approvec by, tie Department of P anning
Services written justification as to wiy a particu ar requirement coes not pertain to the proposec
development.
A. A flood hazard ceve
Planning Services.
B. An exp
opment permit app
anation of how the standarc
ication-
orm providec
by the Department of
s of Section 23 2 480 above have been or wi
be met.
C. Tie app icant sial provide a map, crown anc certified by a registered professiona
which accurately displays the following information.
1. The name and address of the property owner.
2. A legal description whic
engineer,
i cescribes the Section, Township and Range of the property.
3. Scale and north arrow.
/l. Topography map at the building site, including: a map (plot plan) drawn to an
appropriate scale at 1" - 20'; 1" - 40'; location of known encumbrances and spot elevations for
the site near all existing and proposed structures.
5. WATER SURFACE ELEVATIONS of the INTERMEDI-ATE REGIONAL FLOOD at
the BUILDING site.
6. Boundaries of the FP I, FP 2 (Floodprone) or FW (Floodway) Districts on the property.
r
on the Official Weld County FLOOD HAZARD Zoning Maps.
7. A pot plan wiici i slows tie ocation, s'ape, exterior c
or property lines of each existing or proposed STRUCTURE.
8. Proposed vehicular access to the property.
imensions and cistance from LOT
Services.
iazarc
final building permit approval for the structure.
r
depicts the elevation of the LOWEST FLOOR of the structure in relation to the REGULATORY
FLOOD DATUM.
G. If an application does not include the construction, replacement or SUBSTANTIAL
IMPROVEMENT of any STRUCTURES but it does include the ALTERATION OR
RELOCATION OF A WATERCOURSE, the applicant need only substantiate that the standards
specified in Section 23 2 1801 above have been met.
H. 4
F,
Sec. 23-2-670. Sketch plan application requirements.
The following completed information, data and maps are required:
A. Written documents.
I. The PUD Sketch Plan application forms and application fee.
2. A general statement describing the concept, land uses and architectural style of the PUD
project.
3. A general statement describing the size and type of any public and private open space and
semi-public USES, including parks. recreation areas, school sites and similar uses.
4. A general statement which describes: the approximate number and type of residential
units, approximate number, floor area, height and type of business, COMMERCIAL and
industrial buildings and structures; the approximate number and size of any open storage areas;
and an estimate of the number of employees for the business, commercial and industrial uses.
5. A general statement describing the PUD source of water and type of system.
6. A general statement describing the PUD type of sewer system.
7. A general statement describing the PUD vehicular circulation system of local, collector
and arterial streets. The general statement should include: width of road rights -of -way, width of
road surface, width of borrow ditches, type of surface, off-street parking areas, loading zones,
major points of access to public rights -of -way, and notation of proposed ownership of the
circulation system, public or private. (Design standards for streets are listed in Chapter 24 of
this Code. County road classifications are listed in Chapter 22 of this Code.)
8. A general statement describing any other proposed circulation systems or trails, i.e.,
pedestrian, horse riding, runways or taxiways.
9. A general statement describing the plan for drainage and stormwater management.
Design Standards for Storm Drainage are listed in Chapter 24 of this Code.
10. The soils classification and description of the classification for the subject site. This
information can be obtained from the Natural Resource Conservation Service.
11. A general statement describing any water courses, water bodies and irrigation ditches
within the PUD site.
12. A general statement describing any existing unique features within the PUD site, i.e., oil
wells, tank batteries, irrigation ditch headgates, railroad tracks, runways, buildings, structures,
easements and rights -of -way.
13. A general statement indicating whether or not any unique natural features exist on the
PUD site, i.e., wildlife areas or vegetative cover.
14. A general statement indicating whether any commercial mineral deposits are on the PUD
site.
15. A general statement describing any SPECIAL FLOOD HAZARD AREAS floodplain,
GEOLOGICAL HAZARD AREAS and airport overlay district areas within the PUD site.
16. A general statement which describes the surrounding land uses within one-half ('/2) mile
of the PUD site.
17. A general description of the LANDSCAPE plan for the PUD site.
18. A general description of the proposed treatment of the perimeter of the PUD site,
including materials and techniques to be used, such as screens, fences, walls, berms and other
LANDSCAPING.
B. Sketch Plan Site Map. A drawing of the PUD project at a scale of one (1) inch equals one
hundred (100) feet, or one (1) inch equals two hundred (200) feet, composed of one (1) or more
sheets with an outer dimension of twenty-four (24) by thirty-six (36) inches, showing the following
information:
1. Name of the PUD project.
2. Legal description of the PUD site.
3. Contour lines at ten -foot intervals.
4. Title, scale and north arrow.
5. The proposed location of land uses, including approximate acreage, gross density, number
and height of each type of residential unit; and approximate floor area, height and type of
business, COMMERCIAL and industrial buildings and structures.
6. The proposed vehicular traffic circulation system.
7. The proposed location of any other circulation system or trails.
8. The location of any existing unique features within the PUD project, i.e., oil wells, tank
batteries, irrigation ditches, water bodies, railroad tracks, easements, rights -of -way, etc.
9. The approximate location of any proposed existing LANDSCAPE features.
10. The general location of any floodplain
GEOLOGICAL HAZARD AREAS and airport overlay districts within the PUD project.
SPECIAL FLOOD HAZARD AREAS,
Sec. 23-2-690. PUD District application requirements.
The following completed information, data and maps are required for a PUD Change of Zone
District.
A. Written Documents.
1. The PUD District application forms and application fee.
2. A statement describing the proposed PUD concept, land uses and architectural style of the
PUD.
3. A statement which demonstrates the proposed PUD rezoning is consistent with the
policies of Chapter 22 of this Code.
4. A statement which demonstrates how the USES allowed by the proposed PUD rezoning
will be compatible within the PUD District. In addition, a detailed description of how any
conflicts between land uses within the PUD District are being avoided or mitigated and can
comply with Section 23-3-420.
5. A statement which demonstrates how the USES allowed by the proposed PUD rezoning
will be compatible with land use surrounding the PUD District. In addition, a detailed
description of how any conflicts between land uses surrounding the PUD District are being
avoided or mitigated.
6. A description of each business within the PUD. A description of all buildings, structures
and open storage areas, including size, floor area and height. A description of the type of
RESIDENTIAL units within the PUD, including number of units.
7. A description of the size and type of any public and private open space and semi-public
uses, including parks, recreation areas, school sites, fire and sheriff substations and similar uses.
8. A description of the water source and system and a statement from the representative of
the provider of the water system which demonstrates that the water supply quality and quantity
are sufficient to meet the requirements of the uses within the PUD District. A PUD District with
residential USES shall be served by a PUBLIC WATER system. If proposing a cluster PUD,
see Section 27-10-10.
9. A description of the sewage disposal facility. If the facility is a sewer system, a statement
from the representative of the provider of the sewer system utility which demonstrates that the
disposal system will adequately serve the uses within the PUD District.
10. A description of the functional classification, width and structural capacity of the
STREET and highway facilities which provide access to the PUD District. If the street or
highway facilities providing access to the PUD District are not adequate to meet the
requirements of the proposed district, the applicant shall supply information which demonstrates
the willingness and financial capability to upgrade the STREET or highway facilities in
conformance with Section 22-3-60 of this Code. This shall be shown by submitting, with the
PUD District application, a separate improvements agreement describing the proposed road
improvements and method of guaranteeing installation of said improvements in conformance
with the County policy on collateral for improvements. The agreement shall be used for the
purposes of review, evaluation and compliance with this Section. No rezoning shall be finally
approved by the Board of County Commissioners until the applicant has submitted an
improvements agreement or contract which sets forth the form of improvements and guarantees
and is approved by the Board of County Commissioners.
11. A soil survey and study of the site proposed for the change of zone with a statement
regarding suitability of soils to support all USES allowed in the proposed zone. If the soils
survey and study indicate soils which present moderate or severe limitations to the construction
of STRUCTURES or facilities on the site, the applicant shall submit information which
demonstrates that the limitations can be overcome. This information will be forwarded to the
Colorado Geological Survey for evaluation.
12. If, according to maps and other information available to the COUNTY, the Department
of Planning Services determines that there appears to be a sand, gravel or other mineral resource
on or under the subject property, the applicant shall provide a mineral resource statement
prepared by a certified geologist or other qualified expert. The statement shall indicate the
estimated quantity of resources and indicate the economic feasibility of recovery, now and in the
future, of the resources so that the Planning Commission and Board of County Commissioners
can determine whether a COMMERCIAL MINERAL DEPOSIT, as defined in Section 34-1-
305(1), C.R.S., is contained on or under the subject properties. This information will be
forwarded to the Colorado Geological Survey for evaluation.
13. If the proposed change of zone is located within a SPECIAL FLOOD HAZARD AREA,
identified by maps officially adopted by the COUNTY, the applicant shall submit information
which either documents how the COUNTY supplementary Floodplain Management Ordinance
contained in Chapter 8, Article XIII, of the Weld County Code regulations concerning
floodplains hasve been satisfied or documents how the applicant intends to meet the
requirements of the Weld County Floodplain Management Ordinance supplementary regulations
concerning FLOODPLAINS.
14. If the proposed change of zone is located within a GEOLOGIC HAZARD AREA
identified by maps officially adopted by the COUNTY, the applicant shall submit information
which either documents how the County supplementary regulations concerning GEOLOGIC
HAZARDS have been satisfied, or documents how the applicant intends to meet the
requirements of the County supplementary regulations concerning GEOLOGIC HAZARDS.
15. A sign shall be posted for the applicant on the property under consideration for a PUD
Rezoning. The sign shall be posted adjacent to and visible from a publicly maintained road
right-of-way. In the event the property under consideration is not adjacent to a publicly
maintained road right-of-way, one (1) sign shall be posted in the most prominent place on the
property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way. The sign shall be posted at least fifteen (15) days prior
to the hearing and evidenced with a photograph. The sign will include the following
information:
a. PUD application number.
b. Date, place and time of public hearing.
c. Location and phone number of the public office where additional information may be
obtained.
d. Applicant's name.
e. Size of the parcel of land.
f. Type of PUD request.
g. Number of Lots.
16. A certified list of the names, addresses and the corresponding Parcel Identification
Number assigned by the County Assessor of the owners of property (the surface estate) within
five hundred (500) feet of the property subject to the application. The source of such list shall
be the records of the County Assessor, or an ownership update from a title or abstract company
or attorney, derived from such records, or from the records of the County Clerk and Recorder. If
the list was assembled from the records of the County Assessor, the applicant shall certify that
such list was assembled within thirty (30) days of the application submission date.
17. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such
certification may be submitted on the date of the initial public hearing referred to in Section 24-
65.5-103(1), C.R.S.
18. An affidavit listing the names and addresses of all entities with a security interest in the
property being considered. The list shall be compiled from the title commitment issued by a title
insurance company or a title opinion by an attorney licensed to practice in the State, and shall be
current as of a date not more than thirty (30) days prior to the date on which the application is
submitted to the Department of Planning Services.
19. Such additional information as may be required by the Department of Planning Services,
the Planning Commission or the Board of County Commissioners in order to determine that the
application meets the goals, policies and standards set forth in this Chapter, Chapter 22 of this
Code and any other applicable code provision or ordinance in effect.
B. Planned Unit Development District Plat. A PUD District plat shall be delineated in drawing
ink on Mylar (not sepias) at a scale of one (1) inch equals one hundred (100) feet or one (1) inch
equals two hundred (200) feet, composed on one (1) or more sheets with an outer dimension of
twenty-four (24) by thirty-six (36) inches, showing the following information:
1. Certified boundary and tract survey of the parcel under consideration showing all bearing
and distances outside the perimeter boundary lines or along tract boundary lines. The closure
error of the survey may not exceed one in five thousand (1:5,000).
2. Legal description, including total area involved, as certified by the surveyor.
3. Title, scale and north arrow.
4. Date of drawing.
5. The following certificates shall appear on the map:
a. Surveyor's certificate.
b. Planning Commission certificate.
c. Board of County Commissioners certificate.
d. Property owner's certificate.
6. The proposed location of land uses by block, including block size in acres, gross density,
number and height of each type of RESIDENTIAL unit; approximate floor areas, height and
type of businesses, COMMERCIAL and INDUSTRIAL USES; and the location of common
open areas, i.e., public parks, school sites and similar USES.
7. The proposed location of the traffic circulation system, including road classification,
right-of-way width, road surface width and access to public rights -of -way.
8. The location of any existing easements, rights -of -way, structures and uses within the PUD
District, including oil wells, tank batteries, irrigation ditches, water bodies, railroad tracks or
dwellings.
9. The proposed location of any other circulation systems or trails within the PUD District.
C. Planned Unit Development District Vicinity Map. A PUD District vicinity map shall be
delineated in drawing ink on Mylar (not sepias) at a scale of one (1) inch equals two hundred (200)
feet, composed of one (1) or more sheets with an outer dimension of twenty-four (24) by thirty-six
(36) inches, showing the following information:
I. An outline of the perimeter of the proposed PUD District.
2. Title, scale and north arrow.
3. Contour lines at ten -foot intervals.
4. The identification of all zone districts within one-half ('/2) mile of the boundaries of the
PUD District.
5. The identification of all uses within one-half ('/2) mile of the boundaries of the PUD
District.
6. The existing street and highway system within one-half ('/2) mile of the boundaries of the
PUD District, including road classification, right-of-way width and road surface width.
7. The location of any mineral resource areas within the proposed PUD District.
8. The location of any GEOLOGICAL HAZARD areas within the proposed PUD District.
9. The location of any SPECIAL FLOOD HAZARD AREAS area within the proposed PUD
District.
10. The location of on -site detention areas to be incorporated in the storm drainage systems,
including notes indicating the approximate area and volume of the facility.
1 l . The location of any drainage ways within the proposed PUD District.
12. The location and identification of any landscaping plans for the perimeter of the
proposed PUD District.
D. Photo Mechanical Transfer (PMT), if required. (Weld County Codification Ordinance 2000-
1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County
Code Ordinance 2007-14)
Sec. 23-2-730. PUD Plan application requirements.
An applicant may submit an application for a PUD Plan, provided that the PUD Plan is located
within an existing PUD District. A PUD Plan may encompass all or part of a PUD District. The uses
shall be identical to those located and described on the PUD District Plat. The following completed
information, data and maps are required unless waived by the Department of Planning Services.
O. A statement describing the method of financing for the Development. The statement shall
include the estimated construction cost and proposed method of financing of the street and related
facilities, water distribution system, sewage collection system, floodplain FLOOD protection, storm
drainage facilities and such other facilities as may be necessary.
Sec. 23-2-750. Maps.
C. A grading and drainage plan map shall consist of a drawing of the PUD District and project at a
scale of one (1) inch equals one hundred (100) feet or one (1) inch equals two hundred (200) feet,
composed of one (1) or more sheets with an outer dimension of twenty-four (24) by thirty-six (36) inches
showing the following information:
1. A grading and drainage plan indicated by solid line contours superimposed on dashed line
contours of existing topography for the area of the Final Plat. Such contours shall be at two -foot
intervals for predominant ground slopes within the tract between level and five -percent grade and
five-foot contours for predominant ground slopes within the tract over five -percent grade.
2. All WATERCOURSES on the property must be shown. In addition all SPECIAL FLOOD
HAZARD areas AREAS must be delineated.
3. All drainage ways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc.,
which may be incorporated into the stormwater management system for the PUD shall be
designated.
4. All irrigation ditches and laterals shall be shown.
5. All required on -site detention areas, including notes indicating the area and volume of the
facility.
6. All plans shall indicate the proposed outlet for the storm drainage from the property,
including the name of the drainage way (where appropriate), the downstream conditions and any
downstream restrictions.
7. Drainage design computations shall be submitted in accordance with Chapter 24 of this
Code.
E. The final PUD Plat shall be prepared according to the following submission requirements. This
map shall be in drawing ink on Mylar or other material acceptable to the Department of Planning
Services. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high,
and prepared at a scale of one (1) inch equals one hundred (100) feet or one (1) inch equals two hundred
(200) feet, composed of one (1) or more sheets showing the following information:
1. Title, scale and north arrow.
2. PUD Plan application number and name.
3. The date of the drawing with adequate space for revision dates.
4. Legal description, including total area involved as certified by the surveyor, and name and
address of owner of record.
5. Outline of the proposed PUD Plan's perimeter, and a certified boundary and lot survey of the
parcel under consideration, showing all bearings and distances outside the perimeter boundary lines
or along the lot boundary lines. When the parcel is bounded by an irregular shore line or a body of
water, the bearings and distances of a closing meander traverse should be given and a notation made
that the plat includes all land to the water's edge or otherwise. On curved boundaries and all curves
on the plat, sufficient data shall be given to enable the reestablishment of the curves on the ground.
This curve data shall include the following for circular curves: (1) radius of curve, (2) central angle,
(3) tangent, (4) arc length, and (5) notation of nontangent curves.
6. Lot area in square feet or acres if larger than one (1) acre, lot and blocks delineated and
numbered consecutively, existing and proposed future street layout in dashed lines and existing
STREETS in solid lines for any portion of adjacent land not subject to the current PUD Plan
Application.
7. Location and description of uses by block or lot, if different uses are located within the
block.
8. Location, description and dimensions of all proposed and existing COMMERCIAL and
office BUILDINGS, STRUCTURES, open storage areas, STREETS, PARKING LOTS, COMMON
OPEN SPACE, signs, lighting, advertising devices and any other development, improvement or
feature within the PUD Plan's boundary.
9. Location and description of
HAZARD AREAS.
SPECIAL
FLOOD HAZARD AREAS and GEOLOGIC
10. Location and description of proposed SCREENING, buffering and LANDSCAPE.
11. Location and description of proposed sites to be reserved or dedicated for parks,
playgrounds, schools and other public USES.
12. Location, description and dimensions of all existing and proposed utilities, easements,
rights -of -way, waterways and other drainage systems, and any other significant features, as
determined by the Department of Planning Services.
13. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat
be made on the same sheet. Contiguous parcels owned by different parties may be embraced in one
(1) plat, provided that all owners join in the dedication and acknowledgment.
Sec. 23-4-895. Requirements for Noncommercial Towers.
NONCOMMERCIAL TOWERS shall be subject to the following requirements:
F. Limiting Site Factors. NONCOMMERCIAL TOWERS are permitted in all zone districts;
however, should the proposed NONCOMMERCIAL TOWER be located in one or all of the
following areas, the NONCOMMERCIAL TOWER is subject to additional review and approval by
the appropriate agency:
1. Two miles from any military installation.
2. Within the Airport Zoning Overlay District.
3. Within the Geologic Hazard Development areas as defined by the this Code.
4. No facilities will be permitted within:
a. Historic sites.
b. Wetlands.
c. All floodways, as defined by this Code
Repeal the following in its entirety:
Division 3
Flood Hazard Overlay District
Sec. 23 5 200. Finding of fact.
Tie FOOD -IAZARD AREAS o t
iea ti anc safety iazards, oss of Fe anc
extraorcinary pub' is expeneitures for f
w iic i acverse y affect tie pub ic
These fooc osses are causec by tie cumu ative efect of obstructions in FLOOD - _AZARD AREAS
wiici increase fooc -wig its anc velocities anc -carnage USES in otier areas. USES tiat are inac equate y
FLOODPROOFED, ELEVATED or otierwise protectec from f ooc carnage a so contribute to fooc
losses.
ooc protection and relief, anc
iea ti, safety and general welfare of the resic
ie County are subject to perioc ic -inuncation w iic i resu is in
property, cisruption of commerce ane governmenta services,
impairment of tie tax base, a of
ents of t le COUNTY.
See. 23 5 210. Purpose.
A. T
ie purpose anc
intent of these FLOODPLA
1. Protect human life.
N regulations s
is
2. Minimize the need for rescue and relief efforts associa
historica
y been undertaten at the expense of the genera
pub ic.
be to:
ee wit
i
LOOD
NO w
iic
1
ave
3. Insure that those who occupy FLOOD HAZARD AREAS assume responsibility for their
actions.
to
Minimize expenditure of pub
ic money for cost
5. Minimize prolonged business interruptions.
6. Minimize damage to public faci
ep ione anc sewer
y
flooc contro
projects.
ities and utilities such as slater and gas mains, e
ines, STREETS and bridges
ocated in
7. Promote the public health, safety and general welfare.
FLOOD HAZARD AREAS.
8. Help maintain a stable tax base by provicing for tie sounc USE and
AREAS OF SPEC AL FLOOD . AZAZD so as to minimize `uture
nLOODb
ectric,
DEVELOPMENT of
ight areas.
9. Ensure that potential buyers are notified that property is in an AREA OF SPECIAL FLOOD
HAZARD.
B.
n orcer to accomp
ish its purposes, this Chapter inc
uces met
cods anc provisions for:
I. Restricting or prohibiting USES which are dangerous to health, safety and property due to
water or erosion iazares, or w iic i resu t in c amaging increases in erosion or in FLOOD ieig its or
velocities.
protected against FLOOD -damage at the time of initial construction.
barriers, which help accommodate or channel FLOOD waters.
4. Controlling filling, grading, dredging —and other DEVELOPMENT which may increase
FLOOD damage.
FLOOD waters or w
rich may increase FLOOD
Sec. 23 5 220. Disclaimer of liability.
iazarcs in of
ier areas.
purposes and is based on scientific and engineering considerations. FLOODS larger than the
land outside the FLOOD HAZARD AREAS or USES permitted within such areas will be free from
Management Agency for any flood damages that result from reliance on this regulation or any
administrative decision lawfully made thereunder.
Sec. 23 5 230. Definition of Flood Hazard Overlay Districts.
T
iere are
hereby estab
ished in the COUNTY two (2) FLOOD HAZARD OVERLAY DISTRICTS.
referred to as the FP 1 (Floodprone) District and the other shall be referred to as the FP 2 (Floodprone)
District.
A. Tie FW (F_,OODWAY) District inc uces anc wiici is within tie iigi I-LAZARD AREA of
an INTERMEDIATE REGIONAL FLOODPLAIN. This includes the CHANNEL of a river or other
Insurance Study for Weld County, revised September 22, 1999, prepared by the Federal Emergency
County.
INTERMEDIATE REGIONAL
which serves primarily as a STORAGE AREA for the floodwaters of an INTERMEDIATE
REG ONAL FLOOD. Tie F oodprone District zone c assi ications FP anc FP 2 are siown on tic
Zoning Maps correspond to the Flood Insurance Rate Maps included in the Flood Insurance Study
for Weld County.
1. The FP 1 (Floodprone) District as shown on the Official Weld County Flood Hazard
Over ay District Zoning Maps corresponcs to Zone A (Approximate) on tie Federa Insurance
Acministration's F ooc _nsurance Rate Maps. Tie FP District inc uees tie approximate area
of the ONE HUNDRED YEAR FLOODPLAIN where the BASE FLOOD WATER SURFACE
E VAONS anc of ier ' ..OOJ iazarc actors lave not been ceterminee.
2. Tie FP 2 (F ooc prone) District as s -town on tie Officia We c County F ooc Hazard
Over ay District Zoning [V aps corresponcs to Zones AO tirougi i A30 on tic Fecera nsurance
Acministration's F ooc Bouneary anc F'oocway Maps anc tie F ooc Insurance Rate Maps. T
AO zone 's cescribec as an area of tie ON., _t..NDR J N where sia ow
FLOODING may occur. Zones AI t -trough A30 are cescribee as areas of tie ONE
HUNDRED YEAR FLOODPLAIN where BASE BLOOD WATER SURFACE ELEVATIONS
are shown anc FLOOD iazarc factors lave been ceterminee (We c. County Coc ification
Ordinance 2000 1)
Sec. 23 5 240. Interpretation and application.
A. The REGULATORY FLOOD DATUM in the FP 2 and FW Districts shall be determined by
adcing one (1) foot to tie WATER SURFACE ELEVATIONS or FLOOD WATER DEPTH figures as
shown on the Official Flood Hazard Overlay District Zoning Maps. The REGULATORY FLOOD
DATUM in the FP 1 District shall be determined by adding one (1) foot to the WATER SURFACE
ELEVATIONS or FLOOD WATER DEPTH figures determined as a result of a FLOODPLAIN study
conducted under the requirements of this Chapter.
B. Nothing in t
Development Permit
iese regu ations sia I be construec as exempting an app
rom any of ier County regu atory requirements.
icant for a F
OOC
Hazard
C. The LOWEST FLOOR elevation of STRUCTURES without a BASEMENT shall be considered
to be the elevation, above mean sea level, of the top of the foundation of the STRUCTURE. The
LOWEST FLOOR elevation of STRUCTURES with a BASEMENT shall be considered to be the
elevation, above mean sea level, of the floor of the BASEMENT of the STRUCTURE. (Weld County
Code Ordinance 2003 10)
Sec. 23 5 250. FW (Floodway) District.
A. The FW (Floodway) District is an extremely hazardous area due to the velocity of FLOOD
waters wiici i carry cebris, potentia projecti es anc erosion potentia
B. No ceve opment sia occur in tie F oocway District wit tie exception o' FLOODPROOFED
agricu tura' exempt bui cings. Agricu tura exempt bui cings are defined in Chapter 29. (We c County
Cocification Ordnance 2000 ; We c County Coee Ordnance 200 )
Sec. 23 5 260. Uses permitted in FP
anc
FP 2 (F
0OC
prone) Districts.
USES listed as allowed by right, ACCESSORY USES and Uses by Special Review in the
UNDERLY NG ZONING D CI— may be permittee in tie FP ane FP 2 (F ooc prone) Districts
subject to the following conditions:
DISTRICT.
which results in an ALTERATION OR RELOCATION OF A WATERCOURSE within the FP I
and FP 2 (Floodprone) Districts shall apply for and receive approval of a Flood Hazard
Development Permit.
C. A new construction, rep acement or SUBSTANTIAL
UNITS -shall -have -4i
above the REGULATORY FLOOD DATUM. NEW CONSTRUCTION, replacement or
SUBSTANTIAL IMPROVEMENT of STRUCTURES other than DWELLING UNITS shall be
MPROVEMENT of DWELLING
WATERT
G
be
ow t
ie REGULATORY
LOOD DATUM
D. STRUCTURES whirl are cesignec to be WATERTIGF- T be ow tie eveof tie
REGULATORY FLOOD DATUM shall be designed and built to be capable of resisting the
REGIONAL FLOOD.
E. All new or replacement domestic water wells or water supply storage, treatment and
into such systems by an INTERMEDIATE REGIONAL FLOOD.
�dwaters of an
INTERMEDIATE REGIONAL FLOOD.
G. For all NEW CONSTRUCTION, replacement of existing structures and SUBSTANTIAL
b
•
and exit of floodwaters.
•
within the components during conditions of flooding.
I. A NEW CONSTRUCTION anc SUBSTANTIAL MPROVEMENrS stall be constructed
with materials and utility equipment resistant to FLOOD damage.
J. All NEW CONSTRUCTION, replacement of exi-sting structures and SUBSTANTIAL
IMPROVEMENTS shall be constructed using methods and practices that minimize FLOOD
damage.
K. All NEW CONSTRUCTION, replacement of existing structures and SUBSTANTIAL
IMPROVEMENTS shall be anchored to prevent flotation, collapse or lateral movement of the
STRUCTURE and to withstand hydrodynamic loads.
A MAN U :ACTT. RED " OMES sia bee evatec anc anciorec to resist otation, collapse
or lateral movement. MANUFACTURED HOMES shall be anchored in accordance with
Subsection 29 2 1 10.B of this Code.
M. All MOBILE HOMES shall be elevated and anchored to resist flotation, collapse or lateral
movement. IVO3-4OMES sia be anciorec in accorcance wiSubsection 29 2 _ 0.3 o ' tnis
Code.
co
N. All OIL AND GAS PRODUCTION FACILITIES shall be anchored to resist flotation,
apse or •atera movement. Tie met ioe of anc coring sia 1 be approvec by tie Bui cing Officia
O. All NEW CONSTRUCTION, replacement of existing structures and SUBSTANTIAL
IMPROVEMENTS within any AO Zone shall have the LOWEST FLOOR, including the
BASEMENT floor or MOBILE HOME PAD, ELEVATED to or above the REGULATORY
FLOOD DATUM.
P. Ac equate crainage pat is are requirec arounc structures on s opes to guide f ooc waters
arounc ane away from proposec structures in any AO Zone. (We c County Cocification Ordnance
2000 1; Weld County Code Ordinance 2003 10)
ARTICLE VI
Board of Adjustment
Sec. 23-6-10. Powers and duties.
C. The Board of Adjustment has the power to hear and decide appeals for variance from the terms
of this Chapter or Chapters 26 and 27 of this Code as Chapters 26 and 27 are applied to individual LOTS
or parcels. Appeals for variance may be brought to the Board of Adjustment when, because of special
conditions relating to the subject land, a literal enforcement of the provisions of this Chapter and Chapters
26 and 27 of this Code would result in unnecessary hardship to the appellant.
1. Relief from the provisions of this Chapter and Chapters 26 and 27 of this Code may not be
granted when the hardship is brought about solely through the actions of the appellant.
2. No relief may be granted when the result of granting the requested relief is detrimental to the
public good or when the relief is contrary to the purpose and intent of this Chapter.
3. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and
safeguards in conformity with this Chapter and Chapters 26 and 27 of this Code. Violation of such
conditions and safeguards, when made a part of the terms under which the variance is granted, shall
be deemed a violation of this Chapter and said Chapters 26 and 27 and punishable under Article X of
this Chapter.
4. Under no circumstances shall the Board of Adjustment grant a variance to allow a USE not
permissible under the terms of this Chapter in the district involved, or any USE expressly or by
implication prohibited by terms of this Chapter and said Chapters 26 and 27.
5. No appeal of an administrative decision to the Board of Adjustment shall be allowed for
BUILDING USE or LOT USE violations that may be prosecuted under the terms of Article X of this
Chapter.
6. No nonconforming USE of NEIGHBORING LOTS, STRUCTURES or BUILDINGS in the
same district, and no permitted or nonconforming USE of LOTS. STRUCTURES or BUILDINGS in
other districts shall be considered grounds for the issuance of a variance.
7. No variance in any Flood Hazard Overlay District shall be issued if the result of the
requested variance would be increased flood levels during an INTERMEDIATE REGIONAL
FLOOD.
8. No variance from Chapters 26 and 27 of this Code shall be allowed where the term from
which the variance is sought is one that was raised as an issue during the PUD zone or final plat
process. (Weld County Codification Ordinance 2000-1)
Sec. 23 6 50. Appeals for variance within Flood Hazard Overlay District.
processed as set forth below:
A. Application Requirements: APPEALS for VARIANCE in the application of specific terms
or requirements in this Chapter shall be made in written form according to the following:
the Department of Planning Services.
2. A plot plan showing the location of existing features, such as STRUCTURES, fences,
streams, PUBLIC or private rights of way, STREETS or accesses. The plot plan shall include
the location and dimensions of a existing ane proposec STRUCTURES; e evations of tie area
in question; anc any fi , storage of materials anc erainage faci ities.
•
•
complete and accurate legal description of the property.
4. A statement that demonstrates how the danger of materials being swept into other lands
causing injury to others will be minimized or mitigated.
erosion damage will be minimized or mitigated.
I
contents to FLOOD damage and the effect of suc
minimized or mitigated.
l
c
amage on the individual owner wi
be
7. Evidence that demonstrates the- importance- of the services provided by the proposed
facility to the community, where applicable.
8. Evidence that demonstrates the necessity to the faci
applicable.
ity of a waterfront
ocation, w
ere
w
9. Evicence tiat c emonstrates tie avai abi ity o- a ternative ocations -or t
iici are not subject to - oocing or erosion damage, were investigatec
0. A statement that demonstrates t
and anticipated development.
ie compatibi
ie proposec USE,
ity of the proposed USE wit
1 the existing
. A statement tiat c emonstrates tie re ations lip of tie proposer use to Chapter 22 of this
Code and FLOODPLAIN management program for the area.
2. A statement that demonstrates the safety of access to the property at times o
ordinary and emergency vehicles.
LOOD
or
3. Evidence tiat cemonstrates w iat tie expectec ieig its, ve ocity, curation, rate of rise anc
transport of the FLOOD waters and the effects of wave action, if applicable, expected at the site
will be.
t. A statement tiat cemonstrates
and after FLOOD conditions, inc
faci ities suc i as sewer, gas, e ectrica
or mitigated.
iow tie costs oprovicing governmenta services during
ucing maintenance anc repair of UBL C utilities and
anc water systems, streets anc aricges, wi be minimized
15. Evidence that demonstrates that the VARIANCE requested is the minimum VARIANCE
necessary, considering the FLOOD hazard, to afford relief
6. A certifier ist o • tie names, actresses anc corresponcing 3arce centi -ication Number
assignec by tie County Assessor of the owners of the property (tie surface estate) wit iin five
iunerec (500) feet of tie property subject to the app ication. Tie source of suc i ist s is be tie
recorcs o tie County Assessor, or an owners lip upcate from a tit e or abstract company or
attorney, cerivec from suc i recorcs or from tie recorcs of tie County Clert anc Recorcer. If
tie ist was assemb ee from tie recorcs of tie County Assessor, tie app icant sia certi=y tiat
suc i ist was assemb ec within tiirty (30) days of tie app ication submission cate.
7. Any other in
aid the Board of Adj
of this Chapter.
ormation determined to be necessary by the Board of Adjustment that wil
ustment in making a recision which will not impair the intent and purpose
B. Duties of the Department of Planning Services.
. Tie Department of P anning Services sia review tie app ication and cetermine tiat it is
complete before scheduling consideration of the APPEAL for variance by the Board of
Adjustment.
2. Tie Department of P anning Services sia' arrange -or pub ication of notice of tie public
rearing to be ie c by tie Boarc of Acjustment once in tie newspaper cesignatec tie Board of
—4---
ten (10) days prior to the scheduled hearing:
3. Tie Department o` P anning Services sia mai , by first c ass, ten ( 0) rays prior to t ie
se sec u ec searing, a notice of tie pup is searing to tie owners of tie sur -ace estate ocatec
within five hundred (500) feet to the parcel under consideration for the VARIANCE. The
submitted by the appellant.
•
•
and MASTER PLANS of affected municipalities.
S. The Department of Planning Services shall maintain the records of all APPEAL actions,
including technical information, and report any VARIANCES to the Federal Emergency
Management Agency.
Variance is granted that the structure will be permitted to be built with a LOWEST FLOOR
ELEVA " ON be ow tie BASE F _OOD e evation anc teat tie cost of FLOOD insurance wi be
commensurate wit n tie increases ris< resu ting from tae recucec LOWEST FLOOR e evation.
C. Duties of the Board of Adjustment.
J
la
make its decision based on a
technica
eva
uations, a
re
evant factors, standards
demi
•
at the public hearing and its interpretation of Chapter 23 of this Code. The concurring vote of
the appellant on any APPEAL for VARIANCE of the terms of this Chapter within the Flood
Hazard Overlay District.
Overlay District shall not be granted until and unless the Board of Adjustment has found and
determined that:
a. A showing of good and sufficient cause has been demonstrated by the appellant.
c. The granting of a VARIANCE will not result in increased FLOOD heights, additional
tireats to public safety or extraoreinary pub ic expense, create nuisances, cause frauc on or
victimization of t le pub ic, or conf ict wit 1 existing oca aws or ordinances.
d. The reasons set forth in the application and testimony justify the granting of the
VARIANCE, and the VARIANCE is the minimum VARIANCE necessary, considering the
FLOOD hazard, to afford relief
c. The granting of the VARIANCE may be for NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS to be erected on a LOT of one half (YZ) acre or less in
size contiguous to anc surrouncec by LOTS wit i existing STRUCTURES constructec be ow
•
been fully considered. As the LOT size increases beyond one half ('h) acre, the technical
ustMcations requirec for issuing tie VAR ANCE wi increase.
f. VARIANCES may be granted for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of Historic
P aces, wit lout regarc to tie procecures set tort in Subsection A above.
g. The granting of the VARIANCE will not result in increased FLOOD levels during an
INTERMEDIATE REGIONAL FLOOD.
h. The granting of the VARIANCE will be in harmony with the purpose and intent of
tuffs Ciapter, anc wi I not be injurious tee NEIGHBORHOOD or otherwise cetrimenta to
the public health, safety or welfare. (Weld County Code Ordinance 2001 1; Weld County
Code Ordinance 2009 8)
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those, The applicant replied that they are in agreement.
Motion: Forward Case USR13-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
CASE NUMBER: ORDINANCE 2013-11
PRESENTED BY: BOB CHOATE
REQUEST: WELD COUNTY CODE ORDINANCE #2013-11, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN
RESOURCES, CHAPTER 6 LAW ENFORCEMENT, CHAPTER 12 LICENSES
AND PERMITS, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE.
Bob Choate, County Attorney, introduced Ordinance 2013-11. Mr. Choate presented the proposed code
changes to Chapter 23 relating to marijuana and the legalization of it in Colorado and how Weld County is
responding to it.
Mr. Jemiola asked if this includes hemp. Mr. Choate said it does not. The changes to Chapter 23 include
recreational marijuana into the definitions.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2013-11 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2013-10
BRAD YATABE
WELD COUNTY CODE ORDINANCE #2013-10, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, AND CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE.
Brad Yatabe, County Attorney, introduced Ordinance 2013-10. Mr. Yatabe presented the proposed code
changes to Chapter 8, Public Works and Chapter 23, Zoning of the Weld County Code.
Mr. Yatabe said that this is the floodplain management ordinance that is currently contained in Chapter 23
and is proposed to move to Chapter 8. There are 2 issues that promoted this change: 1) the Colorado
Water Conservation Board is the apparatus that oversees FEMA guidelines within Colorado and they
have changed some rules around and we are being mandated to have these rules in effect by January
14, 2014. In order to qualify for National Flood Insurance Program, each locality needs to have a
floodplain manager and they need to meet at least the baseline FEMA standards. He added that at a
county level if we want our county citizens eligible for flood insurance and disaster funds through FEMA
we need to have a floodplain administrator and have these in effect. The second prompting of this
change is due to the recent floods. This was presented at a 1st reading with the BOCC because there are
citizens looking to rebuild and we want them to do that with the most up to date standards. He added that
the 2n° reading has been continued twice to allow for further consideration by the Board of County
Commissioners. There is some debate on whether these should remain under Chapter 23 or if they
should move over to Chapter 8 Public Works.
9
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2013-10 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Kris
Ranslem, Planning Services, presented the 2014 Hearing Dates for the Planning Commission. The
Planning Commission recognized and accepted the 2014 Hearing Dates.
Meeting adjourned at 6:57 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
10
12/10/2013
State and Federal Authority
and Requirements for Weld
County Floodplain Regulations
Comparisons Between Proposed
Weld County Regulations and State
and Federal Regulations
Federal Authority
42 USC § 4022. State and local land use controls
(a) Requirement for participation in flood insurance program
(1) In general
After December 31, 1971, no new flood insurance coverage
shall be provided under this chapter in any area (or subdivision
thereof) unless an appropriate public body shall have adopted
adequate land use and control measures (with effective
enforcement provisions) which the Administrator finds are
consistent with the comprehensive criteria for land management
and use under section 4102 of this title.
1
12/10/2013
Federal Authority
42 USC § 4023. Properties in violation of State and local
law
No new flood insurance coverage shall be provided
under this chapter for any property which the
Administrator finds has been declared by a duly
constituted State or local zoning authority, or other
authorized public body, to be in violation of State or
local laws, regulations, or ordinances which are
intended to discourage or otherwise restrict land
development or occupancy in flood -prone areas.
Federal Authority
42 USC § 4102. Criteria for land management and use
(c) Development of comprehensive criteria designed to encourage adoption of adequate State and
local measures on the basis of such studies and investigations, and such other information as he
deems necessary, the Administrator shall from time to time develop comprehensive criteria
designed to encourage, where necessary, the adoption of adequate State and local measures
which, to the maximum extent feasible, will --
(1) constrict the development of land which is exposed to flood damage where appropriate,
(2) guide the development of proposed construction away from locations which are
threatened by flood hazards,
(3) assist in reducing damage caused by floods, and
(4) otherwise improve the long-range land management and use of flood -prone areas, and
he shall work closely with and provide any necessary technical assistance to State, interstate, and
local governmental agencies, to encourage the application of such criteria and the adoption and
enforcement of such measures.
2
12/10/2013
Federal Authority
Subpart A— Requirements for Flood Plain Management Regulations
44 CFR § 60.1 Purpose of subpart.
(a) The Act provides that flood insurance shall not be sold or renewed under the program within a
community, unless the community has adopted adequate flood plain management regulations consistent with
Federal criteria. Responsibility for establishing such criteria is delegated to the Administrator.
(b) This subpart sets forth the criteria developed in accordance with the Act by which the Administrator
will determine the adequacy of a community's flood plain management regulations. These regulations must be
legally- enforceable, applied uniformly throughout the community to all privately and publicly owned land within
flood -prone, mudslide (i.e., mudflowl or flood -related erosion areas, and the community must provide that the
regulations take precedence over any less restrictive conflicting local laws, ordinances or codes. Except as
otherwise provided in § 60.6, the adequacy of such regulations shall be determined on the basis of the standards
set forth in 560.3 for flood -prone areas, § 60.4 for mudslide areas and § 60.5 for flood -related erosion areas.
Icl Nothing in this subpart shall be construed as modifying or replacing the general requirement that all
eligible communities must take into account flood, mudslide (i.e., mudflowl and flood -related erosion hazards, to
the extent that they are known, in all official actions relating to land management and use.
(d)The criteria set forth in this subpart are minimum standards for the adoption of flood plain
management regulations by flood -prone, mudslide (i.e., mudflow)-prone and flood -related erosion -prone
communities. Any community may exceed the minimum criteria under this part by adopting more comprehensive
flood plain management regulations utilizing the standards such as contained in subpart C of this part. In some
instances, community officials may have access to information or knowledge of conditions that require,
particularly for human safety, higher standards than the minimum criteria set forth in subpart A of this part.
Therefore, any flood plain management regulations adopted by a State or a community which are more restrictive
than the criteria set forth in this part are encouraged and shall take precedence.
State Authority
CRS § 24-65.1-202. Criteria for administration of areas of state interest
(2)(a) Natural hazard areas shall be administered as follows:
(0(A) Floodplains shall be administered so as to minimize significant hazards to public health
and safety or to property. The Colorado water conservation board shall promulgate a model
floodplain regulation no later than September 30, 1974. Open space activities such as agriculture,
horticulture, floriculture, recreation, and mineral extraction shall be encouraged in the floodplains.
Any combination of these activities shall be conducted in a mutually compatible manner. Building
of structures in the floodplain shall 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. Activities shall be
discouraged that, in time of flooding, would create significant hazards to public health and safety or
to property. Shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems
shall be protected from inundation by floodwaters. Unless an activity of state interest is to be
conducted therein, an area of corrosive soil, expansive soil and rock, or siltation shall not be
designated as an area of state interest unless the Colorado conservation board, through the local
conservation district, identifies such area for designation.
(2)(b) After promulgation of guidelines for land use in natural hazard areas by the Colorado water
conservation board, the Colorado conservation board through the conservation districts, the
Colorado state forest service, and the Colorado geological survey, natural hazard areas shall be
administered by local government in a manner that is consistent with the guidelines for land use in
each of the natural hazard areas.
3
12/10/2013
State Authority
Rules and Regulations for Regulatory Floodplains in Colorado
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 37-50-121(1)(b)(Vll), (IX)(C).
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. §5 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
of http://www.access.gpo.gav/nara/cfrbeaisidx_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.
State Authority
Rules and Regulations for Regulatory Floodplains in Colorado
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 afterJanuary 14, 2011 and are, therefore, not retroactive to any floodplain
information designated and approved by the Board or other floodplain activities
prior to the effective date. These Rules contain provisions that will require many
local ordinances to be updated to be consistent with these rules. A transition
period of three years beginning from the effective date of these rules will be in
effect during which all local governments may follow current local ordinances but
must undertake activities to come into compliance with these Rules. Following this
transition period, all floodplain activities shall be in conformance with these Rules.
In addition, communities may, at their sole discretion, allow un-built projects that
were previously permitted by the local government, prior to the adoption date of
the local ordinance for which these Rules are incorporated, to be built and
therefore considered to be in compliance with these Rules. Communities may also,
at their sole discretion, permit and allow projects for which a valid CLOMR was
issued prior to the adoption date of the local ordinance for which these Rules are
incorporated.
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the
FLOODPLAIN ADMINISTRATOR shall include, but
not be limited to, the following:
A. Per 44 CFR 60.3(b), maintain and hold open
for public inspection all records pertaining to the
provisions of this ORDINANCE, including the
actual elevation in relation to MEAN SEA LEVEL of
the LOWEST FLOOR including crawlspace or
BASEMENT of all new or SUBSTANTIALLY
IMPROVED STRUCTURES and FLOODPROOFING
certificates as required by this ORDINANCE.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas of
special flood hazards (A zones) by the publication of a
community's FHBM or FIRM, but has neither produced
water surface elevation data nor identified a floodway
or coastal high hazard area, the community shall:
(5) Where base flood elevation data are utilized,
within Zone A on the community's FHBM or FIRM:
(iii) Maintain a record of all such information
with the official designated by the community under §
59.22 (a)(9)(iii);
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN ADMINISTRATOR shall include, but not be
limited to, the following:
B. Per 44 CFR 60.3(a),review,approve, or deny all applications for FLOODPLAIN DEVELOPMENT
PERMITS required by the adoption of this ORDINANCE. If the application is not complete as
required, the applicant shall be notified of the specific deficiencies. The FLOODPLAIN
ADMINISTRATOR may forward copies of the complete application to any referral agency whose
review and comment are deemed appropriate by the FLOODPLAIN ADMINISTRATOR. The referral
agency to whom the application is referred may review the application to determine compliance of
the application with any standards of the referral agency. The reviews and comments solicited are
intended to provide the FLOODPLAIN ADMINISTRATOR with information related to the proposed
FLOODPLAIN DEVELOPMENT PERMIT. The FLOODPLAIN ADMINISTRATOR may consider all such
reviews and comments and may solicit additional information if such information is deemed
necessary. The reviews and comments submitted by a referral agency are recommendations. The
authority and responsibility for making the decision to approve, approve subject to conditions, or
deny the FLOODPLAIN DEVELOPMENT PERMIT application rests with the FLOODPLAIN
ADMINISTATOR.
E. The FLOODPLAIN ADMINISTRATOR shall not issue a FLOODPLAIN DEVELOPMENT PERMIT
until it has determined that all applicable USES and standards specified in this ORDINANCE have
been met by the applicant. The FLOODPLAIN ADMINISTRATOR shall notify the applicant within
forty-five (45) days of receipt of a completed application the decision taken on the FLOODPLAIN
DEVELOPMENT PERMIT. In case of disapproval, the applicant shall be notified with the specific
reasons for the determination. Under no circumstances should it be assumed that the FLOODPLAIN
DEVELOPMENT PERMIT is automatically granted.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special
flood hazard areas within a community, has not provided
water surface elevation data, and has not provided
sufficient data to identify the floodway or coastal high
hazard area, but the community has indicated the presence
of such hazards by submitting an application to participate
in the Program, the community shall:
(1) Require permits for all proposed construction or other
development in the community, including the placement of
manufactured homes, so that it may determine whether
such construction or other development is proposed within
flood -prone areas;
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the
FLOODPLAIN ADMINISTRATOR shall include, but
not be limited to, the following:
C. Per 44 CFR 60.3(a), review FLOODPLAIN
DEVELOPMENT PERMIT applications to determine
whether a proposed BUILDING site, including the
placement of MANUFACTURED HOMES, will be
reasonably safe from FLOODING.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special flood hazard areas within a
community, has not provided water surface elevation data, and has not provided
sufficient data to identify the floodway or coastal high hazard area, but the
community has indicated the presence of such hazards by submitting an
application to participate in the Program, the community shall:
(3) Review all permit applications to determine whether proposed building
sites will be reasonably safe from flooding. If a proposed building site is in a flood -
prone area, all new construction and substantial improvements shall (i) be
designed (or modified) and adequately anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, (ii) be constructed with materials resistant
to flood damage, (Hi) be constructed by methods and practices that minimize flood
damages, and (iv) be constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN
ADMINISTRATOR shall include, but not be limited to,
the following:
D. Per 44 CFR 60.3(a), review the FLOODPLAIN
DEVELOPMENT PERMIT application to determine that
all necessary permits have been obtained from Federal,
State, or local governmental agencies (including
Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior
approval is required.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special
flood hazard areas within a community, has not provided
water surface elevation data, and has not provided
sufficient data to identify the floodway or coastal high
hazard area, but the community has indicated the presence
of such hazards by submitting an application to participate
in the Program, the community shall:
(2) Review proposed development to assure that all
necessary permits have been received from those
governmental agencies from which approval is required by
Federal or State law, including section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334;
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the
FLOODPLAIN ADMINISTRATOR shall include, but
not be limited to, the following:
F. Per 44 CFR 60.3(b), notify, in riverine
situations, ADJACENT communities and the
CWCB, prior to the approval of any FLOODPLAIN
DEVELOPMENT PERMIT which involves any
ALTERATION OR RELOCATION OF A
WATERCOURSE, and shall submit evidence of
such notification to FEMA.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas of
special flood hazards (A zones) by the publication of a
community's FHBM or FIRM, but has neither produced
water surface elevation data nor identified a floodway
or coastal high hazard area, the community shall:
(6) Notify, in riverine situations, adjacent
communities and the State Coordinating Office prior to
any alteration or relocation of a watercourse, and
submit copies of such notifications to the
Administrator;
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the
FLOODPLAIN ADMINISTRATOR shall include,
but not be limited to, the following:
G. Per 44 CFR 60.3(b), ensure that the FLOOD
carrying capacity within the altered or
relocated portion of any WATERCOURSE is
maintained.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas
of special flood hazards (A zones) by the
publication of a community's FHBM or FIRM, but
has neither produced water surface elevation
data nor identified a floodway or coastal high
hazard area, the community shall:
(7) Assure that the flood carrying capacity within
the altered or relocated portion of any
watercourse is maintained;
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the
FLOODPLAIN ADMINISTRATOR shall include, but
not be limited to, the following:
H. Where interpretation is needed as to the
exact location of the boundaries of the SPECIAL
FLOOD HAZARD AREA, for example, where there
appears to be a conflict between a mapped
boundary and actual field conditions, the
FLOODPLAIN ADMINISTRATOR shall make the
necessary interpretation.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
The Administrator will provide the data upon which flood plain
management regulations shall be based. If the Administrator has
not provided sufficient data to furnish a basis for these regulations
in a particular community, the community shall obtain, review and
reasonably utilize data available from other Federal, State or other
sources pending receipt of data from the Administrator. However,
when special flood hazard area designations and water surface
elevations have been furnished by the Administrator, they shall
apply. The symbols defining such special flood hazard designations
are set forth in § 64.3 of this subchapter. In all cases the minimum
requirements governing the adequacy of the flood plain
management regulations for flood -prone areas adopted by a
particular community depend on the amount of technical data
formally provided to the community by the Administrator.
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN
ADMINISTRATOR shall include, but not be limited to, the following:
I. Per 44 CFR 60.3(c), for waterways with BASE FLOOD
ELEVATIONS for which a regulatory FLOODWAY has not been
designated, no NEW CONSTRUCTION, SUBSTANTIAL
IMPROVEMENTS, or other DEVELOPMENT (including FILL) shall be
permitted within Zone A1 -A30 and AE on the COUNTY'S FIRM,
unless it is demonstrated that the cumulative effect of the
proposed DEVELOPMENT, when combined with all other existing
and anticipated DEVELOPMENT, will not increase the WATER
SURFACE ELEVATION of the BASE FLOOD more than one-half foot
(six (6) inches) at any point within the COUNTY.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(c) When the Administrator has provided a notice of final flood
elevations for one or more special flood hazard areas on the
community's FIRM and, if appropriate, has designated other special
flood hazard areas without base flood elevations on the
community's FIRM, but has not identified a regulatory floodway or
coastal high hazard area, the community shall:
(10) Require until a regulatory floodway is designated, that no
new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones A1-30 and AE on the
community's FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other
existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point
within the community.
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12/10/2013
CWCB FLOODPLAIN Rule 8: Standards
for Regulatory Floodways
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 % 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 .
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN
ADMINISTRATOR shall include, but not be limited to, the following:
J. Per 44 CFR 60.3(b), obtain and record the actual elevation, in
relation to MEAN SEA LEVEL, of the LOWEST FLOOR of all new or
SUBSTANTIALLY IMPROVED STRUCTURES. For all new, replacement
or SUBSTANTIALLY IMPROVED FLOODPROOFED STRUCTURES:
1. Verify and record the actual elevation, in
relation to MEAN SEA LEVEL, to which the STRUCTURE has been
FLOODPROOFED; and
2. Maintain the elevation and FLOODPROOFING
certifications.
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12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas of special
flood hazards (A zones) by the publication of a community's FHBM
or FIRM, but has neither produced water surface elevation data nor
identified a floodway or coastal high hazard area, the community
shall:
(5) Where base flood elevation data are utilized,
within Zone A on the community's FHBM or FIRM: (i) Obtain the
elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new and substantially improved
structures, and (ii) Obtain, if the structure has been floodproofed in
accordance with paragraph (c)(3)(ii) of this section, the elevation (in
relation to mean sea level) to which the structure was
floodproofed, and (iii) Maintain a record of all such information
with the official designated by the community under § 59.22
(a)(9)(iii);
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN
ADMINISTRATOR shall include, but not be limited to,
the following:
K. Per 44 CFR 65.12, notwithstanding any other
provisions of this ORDINANCE, the COUNTY may
approve certain DEVELOPMENT in Zones Al -30, AE, or
AH, on the COUNTY'S FIRM which increases the WATER
SURFACE ELEVATION of the BASE FLOOD by more than
one-half foot (six (6) inches), provided that a CLOMR is
submitted to FEMA which fulfills the requirements of
44 CFR 65.12 and receives FEMA approval.
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12/10/2013
§ 65.12 Revision of flood insurance rate maps
to reflect base flood elevations caused by
proposed encroachments.
(a) When a community proposes to permitencroachments upon the flood plain when a regulatory floodway has not been adopted or to
permit encroachments upon an adopted regulatory floodway which will cause base flood elevation increases in excess of those
permitted under paragraphs (c)(10) or (d)(3) of § 60.3 of this subchapter, the community shall apply to the Federal Insurance
Administratorfor conditional approval of such action prior to pemihting the encroachments to occur and shall submit the following as
part of its application:
(1) A request for conditional approval of map change and the appropriate initial fee as specified by § 72.3 of this subchapter
or a request for exemption from fees as specified by § 72.5 of this subchapter, whichever is appropriate;
(2) An evaluation of alternatives which would not result in a base flood elevation increase above that permitted under
paragraphs (c)(10) or (d)(3) of 460.3 of this subchapter demonstrating whythese alternatives are not feasible;
(3) Documentation of Individual legal notice to all Impacted property owners within and outside of the community, explaining
the impact of the proposed action on their property.
(4) Concurrence of the Chief Executive Officer of any other communities impacted by the proposed actions;
(5) Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
(6) A request for revision of base flood elevation determination according to the provisions of § 65.6 of this part;
(7) A request for floodway revision in accordance with the provisions of § 65.7 of this part;
(b) Upon receipt of the Federal Insurance Administrator's conditional approval of map change and prior to approving the proposed
orcroachments, a community shall provide evidence to the Federal Insurance Administrator of the adoption of flood plain management
dinances incorporating the increased base flood elevations and/or revised floodway reflecting the post -project condition.
(c) Upon completion of the proposed encroachments, a community shall provide as -built certifications in accordance with the
provisions of § 65.3 of this part. The Federal Insurance Administrator will Initiate a final map revision upon receipt of such certifications
in accordance with Part 67 of this subchapter.
CWCB FLOODPLAIN Rule 8: Standards
for Regulatory Floodways
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 %2 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 %2 -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.
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12/10/2013
Sec. 23-11-330. Duties of the
FLOODPLAIN ADMINISTRATOR.
Duties and responsibilities of the FLOODPLAIN
ADMINISTRATOR shall include, but not be limited to, the following:
L. Per 44 CFR 60.3(b), when the BASE FLOOD WATER SURFACE
ELEVATION or FLOODWAY data has not been provided in
accordance with this ORDINANCE, the FLOODPLAIN
ADMINISTRATOR shall obtain, review and reasonably utilize any
BASE FLOOD WATER SURFACE ELEVATION or FLOODWAY data
available from a Federal, State or any other source to administer
the provisions of this ORDINANCE. The other sources of data may
include but are not limited to: FEMA Publications such as Guidance
Documents, Policy Documents, Technical Bulletins, and Regulations;
State of Colorado Publications and Regulations; and other published
or unpublished FLOOD studies.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas of special
flood hazards (A zones) by the publication of a community's
FHBM or FIRM, but has neither produced water surface
elevation data nor identified a floodway or coastal high
hazard area, the community shall:
(4) Obtain, review and reasonably utilize any base
flood elevation and floodway data available from a Federal,
State, or other source, including data developed pursuant
to paragraph (b)(3) of this section, as criteria for requiring
that new construction, substantial improvements, or other
development in Zone A on the community's FHBM or FIRM
meet the standards in paragraphs (c)(2), (c)(3), (c)(5), (c)(6),
(c)(12), (c)(14), (d)(2) and (d)(3) of this section;
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Sec. 23-11-340. Exemptions.
The following open space and emergency USES are allowed to occur in a
FLOODPLAIN or FLOODWAY without a FLOODPLAIN DEVELOPMENT PERMIT
provided that such USES are not prohibited by any other resolution or statute, do
not require STRUCTURES, do not require alteration of the FLOODPLAIN such as
FILL, excavation, or permanent storage of materials or equipment, and will not
cause FLOOD losses on other land or to the public:
A. Agricultural USES such as tilling, farming, irrigation, harvesting, grazing, etc;
B. Private and public recreational USES that do not include overnight vehicle
parking or camping;
C. Irrigation and livestock water supply wells provided they meet the standards
for wells in a FLOODPLAIN;
D. Emergency FLOOD damage prevention measures such as sandbagging.
In addition to the above enumerated exemptions, DEVELOPMENT activities
following a FLOOD for the purpose of reconstruction and restoration of road
infrastructure to pre -FLOOD conditions in a FLOODPLAIN or FLOODWAY do not
requires a FLOODPLAIN DEVELOPMENT PERMIT.
CRS § 24-65.1-202. Criteria for
administration of areas of state
interest
(2)(a) Natural hazard areas shall be administered as follows:
(l)(A) Floodplains shall be administered so as to minimize significant hazards
to public health and safety or to property. The Colorado water conservation board
shall promulgate a model floodplain regulation no later than September 30, 1974.
Open space activities such as agriculture, horticulture, floriculture, recreation, and
mineral extraction shall be encouraged in the floodplains. Any combination of
these activities shall be conducted in a mutually compatible manner. Building of
structures in the floodplain shall 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. Activities shall be discouraged
that, in time of flooding, would create significant hazards to public health and
safety or to property. Shallow wells, solid waste disposal sites, and septic tanks and
sewage disposal systems shall be protected from inundation by floodwaters.
Unless an activity of state interest is to be conducted therein, an area of corrosive
soil, expansive soil and rock, or siltation shall not be designated as an area of state
interest unless the Colorado conservation board, through the local conservation
district, identifies such area for designation.
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12/10/2013
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following provisions are
required for all DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL
IMPROVEMENTS:
C. Per 44 CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL
IMPROVEMENTS shall be designed and adequately anchored to prevent
flotation, collapse, or lateral movement of the STRUCTURE resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
D. Per 44 CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL
IMPROVEMENTS shall be constructed by methods and practices that
minimize FLOOD damage.
E. Per 44 CFR 60.3(a), all NEW CONSTRUCTION or SUBSTANTIAL
IMPROVEMENTS shall be constructed with materials resistant to FLOOD
damage.
E Per 44 CFR 60.3(a), all NEW CONSTRUCTION and SUBSTANTIAL
IMPROVEMENTS shall be constructed with electrical, heating, ventilation,
plumbing and air-conditioning equipment and other service facilities that
are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of FLOODING.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special flood hazard areas
within a community, has not provided water surface elevation data, and
has not provided sufficient data to identify the floodway or coastal high
hazard area, but the community has indicated the presence of such
hazards by submitting an application to participate in the Program, the
community shall:
(3) Review all permit applications to determine whether proposed building
sites will be reasonably safe from flooding. If a proposed building site is in
a flood -prone area, all new construction and substantial improvements
shall (i) be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii)
be constructed with materials resistant to flood damage, (iii) be
constructed by methods and practices that minimize flood damages, and
(iv) be constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
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12/10/2013
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the
following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS:
G. Per 44 CFR 60.3(a), all new or replacement
water supply systems shall be designed to
minimize or eliminate infiltration of FLOOD
waters into the system.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special
flood hazard areas within a community, has not
provided water surface elevation data, and has not
provided sufficient data to identify the floodway or
coastal high hazard area, but the community has
indicated the presence of such hazards by submitting
an application to participate in the Program, the
community shall:
(5) Require within flood -prone areas new and
replacement water supply systems to be designed to
minimize or eliminate infiltration of flood waters into
the systems;
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12/10/2013
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following
provisions are required for all DEVELOPMENT, NEW
CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS:
H. Per 44 CFR 60.3(b), all MANUFACTURED HOMES
shall be installed using methods and practices which
minimize FLOOD damage. For purposes of this
requirement, MANUFACTURED HOMES must be
ELEVATED and anchored to prevent flotation, collapse,
or lateral movement. Methods of anchoring may
include, but are not limited to, use of over -the -top or
frame ties to ground anchors. This requirement is in
addition to applicable State and COUNTY anchoring
requirements for resisting wind forces.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas of special flood
hazards (A zones) by the publication of a community's FHBM or
FIRM, but has neither produced water surface elevation data nor
identified a floodway or coastal high hazard area, the community
shall:
(8) Require that all manufactured homes to be placed within
Zone A on a community's FHBM or FIRM shall be installed using
methods and practices which minimize flood damage. For the
purposes of this requirement, manufactured homes must be
elevated and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not to be
limited to, use of over -the -top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
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12/10/2013
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following provisions
are required for all DEVELOPMENT, NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS:
I. Per 44 CFR 60.3(a), all new or replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
FLOOD waters into the system and discharge from the systems into
FLOOD waters. On -site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
FLOODING. Per Weld County Code Chapter 30, and Colorado
Department of Public Health and Environment regulations, no new
or expanded individual sewage disposal system can be placed in a
FLOODWAY. Per Colorado Department of Public Health and
Environment regulations, if a FLOODWAY has not been designated,
the FLOODWAY location and elevation shall be determined by a
registered Colorado Professional Engineer.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special flood hazard
areas within a community, has not provided water surface elevation
data, and has not provided sufficient data to identify the floodway
or coastal high hazard area, but the community has indicated the
presence of such hazards by submitting an application to participate
in the Program, the community shall:
(6) Require within flood -prone areas (i) new and replacement
sanitary sewage systems to be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the
systems into flood waters and (ii) onsite waste disposal systems to
be located to avoid impairment to them or contamination from
them during flooding.
21
12/10/2013
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following
provisions are required for all DEVELOPMENT, NEW
CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS:
J. Per CWCB FLOODPLAIN Rule 11, a FLOODPLAIN
DEVELOPMENT PERMIT shall not be issued for the
construction of a new STRUCTURE or ADDITION to an
existing STRUCTURE on a property removed from the
FLOODPLAIN by the issuance of a FEMA LOMR-F, if the
LOWEST FLOOR ELEVATION, including the BASEMENT
or crawlspace, is less than one foot (twelve (12) inches)
above the BASE FLOOD ELEVATION that existed prior to
the placement of FILL.
CWCB FLOODPLAIN Rule 11:
Floodplain Management Regulations
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.
22
12/10/2013
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS:
K. Per CWCB FLOODPLAIN Rule 12 and 44CFR 60.3(b), any USE or DEVELOPMENT which causes
or results in an ALTERATION OR RELOCATION OF A WATER COURSE shall comply with the
requirements listed below. The applicant shall provide evidence that:
1. CHANNELIZATION and flow diversion projects shall appropriately consider issues of sediment transport,
erosion, deposition, and CHANNEL migration and properly mitigate potential problems throughout the
project area as well as upstream and downstream of any DEVELOPMENT activity. A detailed analysis of
sediment transport and overall CHANNEL capacity should be considered, when appropriate, to assist in
determining the most appropriate design. The residual 100 -YEAR FLOODPLAIN shall be evaluated.
2. Any CHANNELIZATION or other stream alteration activity proposed by a project proponent must be
evaluated for its impact on the regulatory FLOODPLAIN and shall be in accordance with all applicable Federal
and State rules and regulations.
3. Any ALTERATION OR RELOCATION OF A WATER COURSE shall be designed and sealed by a registered
Colorado Professional Engineer or certified Professional Hydrologist.
4. All activities within the regulatory FLOODPLAIN shall meet all applicable Federal and State requirements
and regulations.
5. Within the REGULATORY FLOODWAY, ALTERATION OR RELOCATION OF A WATER COURSE shall not occur
unless the project proponent demonstrates through a FLOODWAY analysis and report, sealed by a registered
Colorado Professional Engineer, that there is not more than a 0.00 foot rise in the proposed conditions
resulting from the DEVELOPMENT compared to the existing conditions FLOODWAY, otherwise known as a
No -Rise Certification, unless the proponent first applies for and receives a CLOMR for a FLOODWAY revision.
CWCB FLOODPLAIN Rule 12: Effects of
Flood Mitigation Measures and Stream
Alteration Activities on Regulatory
Floodplains
C. channelieation 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
geomorehologieal analysis should be considered, when appropriate, to assist in determining the most appropriatedesign.
Project proponents for a mitigation rattly Icy must evaluate the residual tePyear noodplain. Proponents are also encouraged to map the 500 -year
residual Hoodplain.
E. Ace stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodpl ain and be In compliance
with all appliablefederal,state and local 0oodplainrules, regulations and ordinances
F. Any stream alteration activity shall bedesigned and sealed by a Colorado Registered Professional Engineer or Certified Professional Hydrologist.
C. All activities within the regulatory!loodplain performed by federal agencies using local or state funds, or by private, local or state entities shall
meet all applicable federal,state and local Roodplain requirements.
H. Stream alteration activltiesshall not be constructed unless the project proponent demonstrates through a aoodway analysis and report, sealed by
a Colorado Registered Professional Engineer, that there area, adverse aoodway impads resulting from the protect. This requirement only applies
on stream reaches with ease Flood Elevations established.
I. N, adverse !Medway impact means that there is a 0.00 -foot rise in the proposed wnditieaecompared to existing conditions aoodway.
23
12/10/2013
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following provisions are required
for all DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS:
K. Per CWCB FLOODPLAIN Rule 12 and 44CFR 60.3(b), any USE or
DEVELOPMENT which causes or results in an ALTERATION OR RELOCATION OF A
WATER COURSE shall comply with the requirements listed below. The applicant
shall provide evidence that:
6. Maintenance shall be required for any altered or relocated portions of WATERCOURSES so
that the flood -carrying capacity is not diminished.
7. Municipalities within a three-mile radius of the proposed ALTERATION OR RELOCATION OF A
WATERCOURSE have been notified in writing of the proposed ALTERATION OR RELOCATION OF
A WATERCOURSE.
8. The CWCB has been notified in writing of the proposed ALTERATION OR RELOCATION OF A
WATERCOURSE.
9.The Insurance and Mitigation Division of FEMA has been notified in writing of the proposed
ALTERATION OR RELOCATION OF A WATERCOURSE.
10. The Army Corps of Engineers has been notified in writing of the proposed ALTERATION OR
RELOCATION OFA WATERCOURSE.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated
areas of special flood hazards (A zones) by the
publication of a community's FHBM or FIRM,
but has neither produced water surface
elevation data nor identified a floodway or
coastal high hazard area, the community shall:
(7) Assure that the flood carrying capacity
within the altered or relocated portion of any
watercourse is maintained;
24
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special flood hazard
areas within a community, has not provided water surface elevation
data, and has not provided sufficient data to identify the floodway
or coastal high hazard area, but the community has indicated the
presence of such hazards by submitting an application to participate
in the Program, the community shall:
(6) Require within flood -prone areas (i) new and replacement
sanitary sewage systems to be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the
systems into flood waters and (ii) onsite waste disposal systems to
be located to avoid impairment to them or contamination from
them during flooding.
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the following
provisions are required for all DEVELOPMENT, NEW
CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS:
L. Per CWCB FLOODPLAIN Rule 6, all new CRITICAL
FACILITIES, SUBSTANTIALLY IMPROVED CRITICAL
FACILITIES, and ADDITIONS to CRITICAL FACILITIES shall
either be FLOODPROOFED or ELEVATED a minimum of
two (2) feet (twenty-four (24) inches) above the BASE
FLOOD ELEVATION. Facilities that are exempted from
the definition of CRITICAL FACILITIES must still meet all
of the other FLOODPLAIN regulations. Ingress and
egress for new CRITICAL FACILITIES shall, when
practicable, have continuous non -inundated access
during a 100 -YEAR FLOOD event.
25
12/10/2013
CWCB FLOODPLAIN Rule 6: Critical
Facilities
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 bees 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
(A5CE 24) (2005) can be used as reference tools for this standard, but ore 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(O).
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.
Sec. 23-11-360. General standards.
Inall sFcclaL FLOOD HAZARD AREAS the following provisions are required far all DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL
IMPROVEMENTS:
M. Barns
wit la no tla la no ha no habitable nngspaces or " , ' toilets, loafing sheds, detached galageswith na habitable living spaces,
b oalM1ousesa g spaces, and storage sheds maybe FLOODPROOFED by the FLOOD venting measures described below:
1 Roos! vented STRUCTURES shall be anchored tersest lluataaon,eollapse, and lateral movement;
E. FLOOD ventedsTRUCTOREsslall be constructed using FLOOD resistanteeatMalebe lowthe BASE FLOOD FIEVatON p lusonelll fuel;
3. atlutlllts equipment in a FLOOD vented 53RULTUREshall be elevated. -made Wa3ER31GN3to preventtbe accumulation of FLOOD water inane
4. Therashalllbee a minimum of twos a on different s preach enclosed area,and it a BUILDING has more than one enclosed area beluwte BASE
FLOOR L TION.each area Chall baste open on exterior all;
5. The total net area gall openings shall beatleast 1 square Inch for each square fuot of enclosed area, oral, openings shall be designed and the construction
documentaeha111nclude a statement Olathedesign and installatianwill provide For equalieatlonof hydrostats FLOOD leases co eandmwalls by allowing
for the automalicent,n and exit of floodwaters;
a. The bottom of each openmgshallbe 1 foot or leasaboye the adjacentgroundleve l;
7. Theapeningi shall be located below the BASE FLOOD ELEVATION;
a. Openings shall be at leaslthree 13l Inches in diameter; and
9. Any louvers, screens orodlerop erea,avers shall Vow the autumaticllow oflloodwatelslnlo and out olthe enclosed area.
Openings installed in dears and windows that meet requirementsabave are acceptable, however, dears and windows without Installed openings do
not meet the requirements alibis Subsection M.
26
12/10/2013
CWCB FLOODPLAIN Rule 11:
Floodplain Management Regulations
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.
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the
following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS:
N. All OIL AND GAS PRODUCTION
FACILITIES including TANK BATTERIES shall be
anchored to resist flotation, collapse or lateral
movement. OIL AND GAS PRODUCTION
FACILITIES shall be ELEVATED, FLOODPROOFED, or
FLOOD vented as appropriate.
27
12/10/2013
Colorado Oil and Gas Conservation
Commission
SERIES SAFETY REGULATIONS
603.g. Statewide equipment anchoring
requirements. All equipment at drilling and
production sites in geological hazard and
floodplain areas shall be anchored to the
extent necessary to resist flotation, collapse,
lateral movement, or subsidence.
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the
following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS:
O. If FILL material is to be used in the
FLOODPLAIN, a registered Colorado Professional
Engineer shall certify that the FILL material is
designed to withstand the erosional forces
associated with the BASE FLOOD.
28
12/10/2013
CWCB FLOODPLAIN Rule 12: Effects of
Flood Mitigation Measures and Stream
Alteration Activities on Regulatory
Floodplains
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:
F. Any stream alteration activity shall be
designed and sealed by a Colorado Registered
Professional Engineer or Certified Professional
Hydrologist.
Sec. 23-11-360. General standards.
In all SPECIAL FLOOD HAZARD AREAS the
following provisions are required for all
DEVELOPMENT, NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS:
P. Outside storage of FLOATABLE MATERIALS
associated with non-agricultural uses shall not be
allowed. Materials that are not floatable can be
stored outside provided that a FLOODPLAIN
DEVELOPMENT PERMIT is obtained.
29
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special flood hazard areas within a
community, has not provided water surface elevation data, and has not provided
sufficient data to identify the floodway or coastal high hazard area, but the
community has indicated the presence of such hazards by submitting an
application to participate in the Program, the community shall:
(3) Review all permit applications to determine whether proposed building sites
will be reasonably safe from flooding. If a proposed building site is in a flood -prone
area, all new construction and substantial improvements shall (i) be designed (or
modified) and adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, (H) be constructed with materials resistant to
flood damage, (iii) be constructed by methods and practices that minimize flood
damages, and (iv) be constructed with electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
Sec. 23-11-370. Specific standards for
Approximate Floodplains (Zone A).
In addition to the general standards in Section 8-13-200, the
following provisions are required for all NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD
HAZARD AREAS designated as Zone A (Approximate Floodplain):
A. Per 44 CFR 60.3(b) and CWCB FLOODPLAIN Rule 11, all NEW
CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any residential
STRUCTURE shall have the LOWEST FLOOR (including BASEMENT or
crawlspace), ELEVATED a minimum of one foot above the BASE
FLOOD ELEVATION. Upon completion of the STRUCTURE, the
elevation of the LOWEST FLOOR, including BASEMENT or
crawlspace, shall be certified by a registered Colorado land
surveyor. The certificate shall utilize FEMA's Elevation Certificate
and must include all information requested on the Elevation
Certificate.
30
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas of special flood hazards (A zones)
by the publication of a community's FHBM or FIRM, but has neither produced
water surface elevation data nor identified a floodway or coastal high hazard area,
the community shall:
(4) Obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State, or other source, including data
developed pursuant to paragraph (b)(3) of this section, as criteria for requiring that
new construction, substantial improvements, or other development in Zone A on
the community's FHBM or FIRM meet the standards in paragraphs (c)(2), (c)(3),
(c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section;
(5) Where base flood elevation data are utilized, within Zone A on the
community's FHBM or FIRM: (i) Obtain the elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new and substantially improved
structures, and (H) Obtain, if the structure has been floodproofed in accordance
with paragraph (c)(3)(ii) of this section, the elevation (in relation to mean sea
level) to which the structure was floodproofed, and (Hi) Maintain a record of all
such information with the official designated by the community under § 59.22
(a)(9)(iii);
CWCB FLOODPLAIN Rule 11:
Floodplain Management Regulations
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.
31
12/10/2013
Sec. 23-11-370. Specific standards for
Approximate Floodplains (Zone A).
In addition to the general standards in Section 8-13-200, the following
provisions are required for all NEW CONSTRUCTION and SUBSTANTIAL
IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS
designated as Zone A (Approximate Floodplain):
B. Per 44 CFR 60.3(b), with the exception of CRITICAL FACILITIES, all
NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial,
industrial, or other non-residential STRUCTURES shall either have the
LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED a
minimum of one foot above the BASE FLOOD ELEVATION or, together with
attendant utility and sanitary facilities, be designed so that at one foot
above the BASE FLOOD level, the structure is WATERTIGHT with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. A registered
professional engineer or architect licensed in the State of Colorado shall
develop and/or review structural design, specifications, and plans for
construction, and shall certify that the design and methods of
construction are in accordance with accepted standards of practice.
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas of special flood hazards (A zones) by
the publication of a community's FHBM or FIRM, but has neither produced water
surface elevation data nor identified a floodway or coastal high hazard area, the
community shall:
(4) Obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State, or other source, including data
developed pursuant to paragraph (b)(3) of this section, as criteria for requiring that
new construction, substantial improvements, or other development in Zone A on
the community's FHBM or FIRM meet the standards in paragraphs (c)(2), (c)(3),
(c)(5), (c)(6), (c)(12), (c)(14), (d)(2) and (d)(3) of this section;
(5) Where base flood elevation data are utilized, within Zone A on the
community's FHBM or FIRM: (i) Obtain the elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new and substantially improved
structures, and (ii) Obtain, if the structure has been floodproofed in accordance
with paragraph (c)(3)(ii) of this section, the elevation (in relation to mean sea
level) to which the structure was floodproofed, and (iii) Maintain a record of all
such information with the official designated by the community under § 59.22
(a)(9)(iii);
32
12/10/2013
CWCB FLOODPLAIN Rule 11:
Floodplain Management Regulations
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:
(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.
Sec. 23-11-370. Specific standards for
Approximate Floodplains (Zone A).
In addition to the general standards in Section 8-13-200, the following provisions are required for all NEW
CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated
as Zone A (Approximate Floodplain):
C. Per94 CFR 60.3(b), for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS, with fully enclosed
areas below the LOWEST FLOOR that are used solely for the parking of vehicles, BUILDING access, or storage in an
area other than a BASEMENT and which are subject to FLOODING shall be designed to automatically equalize
hydrostatic FLOOD forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered Colorado Professional Engineer or architect to meet or
exceed the following minimum criteria:
1. There shall be a minimum of two openings on different sides of each enclosed area; if a BUILDING has more than one enclosed
area below the BASE FLOOD ELEVATION, each area shall have openings on exterior walls;
2. The total net area of all openings shall be at least l square inch for each square foot of enclosed area, or the openings shall be
designed and the cnstruction documents shall include a statement that the design and installationwill provide for equalization
of hydrostatic FLOOD farces on exterior walls by allowingfor the automatic entry and exit of floodwaters;
3. The bottom of each opening shall be l foot or less above the adjacent ground level;
4. The openings shall be located below the BASE FLOOD ELEVATION;
5. Openings shall be at least three (3) inches in diameter; and
6. Any louvers, screens or other opening covers shall allow the automatic flow of floodwaters into and out of the enclosed area.
Openings installed in doors and windows that meet the above requirements are acceptable, however, doors and
windows without installed openings do not meet the requirements of this Subsection C.
33
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(c) When the Administrator has provided a notice of final flood elevations for one
or more special flood hazard areas on the community's FIRM and, if appropriate,
has designated other special flood hazard areas without base flood elevations on
the community's FIRM, but has not identified a regulatory floodway or coastal high
hazard area, the community shall:
(5) Require, for all new construction and substantial improvements, that
fully enclosed areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement and which
are subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following minimum
criteria: A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above
grade. Openingsmay be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit of floodwaters.
Sec. 23-11-370. Specific standards for
Approximate Floodplains (Zone A).
In addition to the general standards in Section 8-13-200,
the following provisions are required for all NEW
CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that
are located in SPECIAL FLOOD HAZARD AREAS designated
as Zone A (Approximate Floodplain):
D. Per 44 CFR 60.3(b), BASE FLOOD ELEVATION data shall
be generated for all subdivision proposals and other
proposed DEVELOPMENT including the placement of
MANUFACTURED HOME PARKS greater than 50 LOTS
and/or 5 acres or greater in size. Per 44 CFR 65.3, the
applicant shall submit a LOMR to FEMA for acceptance and
approval within 60 days after the BASE FLOOD ELEVATIONS
are determined.
34
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(b) When the Administrator has designated areas of
special flood hazards (A zones) by the publication of a
community's FHBM or FIRM, but has neither produced
water surface elevation data nor identified a floodway
or coastal high hazard area, the community shall:
(3) Require that all new subdivision proposals and
other proposed developments (including proposals for
manufactured home parks and subdivisions) greater
than 50 lots or 5 acres, whichever is the lesser, include
within such proposals base flood elevation data;
Sec. 23-11-370. Specific standards for
Approximate Floodplains (Zone A).
In addition to the general standards in Section 8-13-200, the following provisions are required for
all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD
HAZARD AREAS designated as Zone A (Approximate Floodplain):
E. Per44 CFR 60.3(a), all subdivision proposals including the placement of MANUFACTURED
HOME PARKS and subdivisions shall conform to the following requirements:
1. All subdivision proposals including the placement of MANUFACTURED HOME parks shall
be reasonably safe from FLOODING. If a subdivision or other DEVELOPMENT proposal is in a flood -
prone area, the proposal shall minimize FLOOD damage;
2. All proposals for the development of subdivisions including the placement of
MANUFACTURED HOME PARKS and subdivisions shall meet the FLOODPLAIN DEVELOPMENT
PERMIT requirements;
3. Adequate drainage paths shall be provided to reduce exposure to FLOOD hazards; and
4. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be
located and constructed to minimize or eliminate FLOOD damage.
35
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(a) When the Administrator has not defined the special flood hazard areas
within a community, has not provided water surface elevation data, and
has not provided sufficient data to identify the floodway or coastal high
hazard area, but the community has indicated the presence of such
hazards by submitting an application to participate in the Program, the
community shall:
(4) Review subdivision proposals and other proposed new
development, including manufactured home parks or subdivisions, to
determine whether such proposals will be reasonably safe from flooding.
If a subdivision proposal or other proposed new development is in a flood -
prone area, any such proposals shall be reviewed to assure that (i) all such
proposals are consistent with the need to minimize flood damage within
the flood -prone area, (ii) all public utilities and facilities, such as sewer,
gas, electrical, and water systems are located and constructed to minimize
or eliminate flood damage, and (Hi) adequate drainage is provided to
reduce exposure to flood hazards;
Sec. 23-11-380. Specific standards for
FLOODPLAINS with BASE FLOOD
ELEVATIONS (Zones A1 -A30, AH, AO,
and AE).
In addition to the general standards in Section 23-11-360 and
specific standards for Approximate Floodplains in Section 23-11-370, the
following provisions are required for all NEW CONSTRUCTION AND
SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD
AREAS designated as Zones Al through A30, AH, AO, and AE:
A. Per 44 CFR 60.3(c), when a regulatory FLOODWAY has not been
designated, the FLOODPLAIN ADMINISTRATOR shall require that no NEW
CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS, or other DEVELOPMENT,
including FILL, shall be permitted within Zones Al -30 and AE on the
COUNTY'S FIRM, unless it is demonstrated that the cumulative effect of
the proposed DEVELOPMENT, when combined with all other existing and
anticipated DEVELOPMENT, will not increase the WATER SURFACE
ELEVATION of the BASE FLOOD more than half -a -foot (six (6) inches) at any
point within the COUNTY.
36
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(c) When the Administrator has provided a notice of final flood
elevations for one or more special flood hazard areas on the
community's FIRM and, if appropriate, has designated other special
flood hazard areas without base flood elevations on the
community's FIRM, but has not identified a regulatory floodway or
coastal high hazard area, the community shall:
(10) Require until a regulatory floodway is designated, that no
new construction, substantial improvements, or other development
(including fill) shall be permitted within Zones A1-30 and AE on the
community's FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other
existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point
within the community.
Sec. 23-11-380. Specific standards for
FLOODPLAINS with BASE FLOOD
ELEVATIONS (Zones A1 -A30, AH, AO,
and AE).
In addition to the general standards in Section 23-11-360 and specific
standards for Approximate Floodplains in Section 23-11-370, the following
provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL
IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as
Zones Al through A30, AH, AO, and AE:
B. Per 44 CFR 60.3(c), all new MANUFACTURED HOMES that are placed within
Zones Al -A30, AH, and AE that are outside of a MANUFACTURED HOME PARK OR
SUBDIVISION, in a new MANUFACTURED HOME PARK OR SUBDIVISION, in an
expansion to an EXISTING MANUFACTURED HOME PARK OR SUBDIVISION, or in an
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION on which a
MANUFACTURED HOME has incurred SUBSTANTIAL DAMAGE shall be ELEVATED on
a permanent foundation such that the LOWEST FLOOR of the MANUFACTURED
HOME is elevated a minimum of one foot above the BASE FLOOD ELEVATION and
shall be securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
37
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(c) When the Administrator has provided a notice of final flood elevations
for one or more special flood hazard areas on the community's FIRM and,
if appropriate, has designated other special flood hazard areas without
base flood elevations on the community's FIRM, but has not identified a
regulatory floodway or coastal high hazard area, the community shall:
(6) Require that manufactured homes that are placed or
substantially improved within Zones A1-30, AH, and AE on the
community's FIRM on sites (i) Outside of a manufactured home park or
subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an
expansion to an existing manufactured home park or subdivision, or (iv) In
an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a
flood, be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to or above the base flood
elevation and be securely anchored to an adequately anchored foundation
system to resist floatation collapse and lateral movement.
Sec. 23-11-380. Specific standards for
FLOODPLAINS with BASE FLOOD
ELEVATIONS (Zones A1 -A30, AH, AO,
and AE).
In addition to the general standards in Section 23-11-360 and specific
standards for Approximate Floodplains in Section 23-11-370, the following
provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL
IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as
Zones Al through A30, AH, AO, and AE:
C. Per 44 CFR 60.3(c), existing MANUFACTURED HOMES that are placed or
SUBSTANTIALLY IMPROVED on sites in an existing MANUFACTURED HOME PARK OR
SUBDIVISION within Zones Al through A30, AH, and AE, and that are not subject to
the provisions of the above Subsection B, shall be elevated so that either:
1. The LOWEST FLOOR of the MANUFACTURED HOME is a minimum of one foot above the BASE
FLOOD ELEVATION; or
2. The MANUFACTURED HOME chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six (36) inches in height
above grade and be securely anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
38
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(c) When the Administrator has provided a notice of final flood elevations
for one or more special flood hazard areas on the community's FIRM and,
if appropriate, has designated other special flood hazard areas without
base flood elevations on the community's FIRM, but has not identified a
regulatory floodway or coastal high hazard area, the community shall:
(12) Require that manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park or subdivision
within Zones A-1-30, AH, and AE on the community's FIRM that are not
subject to the provisions of paragraph (c)(6) of this section be elevated so
that either (i) The lowest floor of the manufactured home is at or above
the base flood elevation, or (ii) The manufactured home chassis is
supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above grade
and be securely anchored to an adequately anchored foundation system
to resist floatation, collapse, and lateral movement.
Sec. 23-11-380. Specific standards for
FLOODPLAINS with BASE FLOOD
ELEVATIONS (Zones A1 -A30, AH, AO,
and AE).
In addition to the general standards in Section 23-11-360 and specific
standards for Approximate Floodplains in Section 23-11-370, the following
provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL
IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as
Zones Al through A30, AR, AO, and AE:
D. Per 44 CFR 60.3(c), RECREATIONAL VEHICLES placed on sites within the
FLOODPLAIN shall:
i. Be on site for fewer than one -hundred eighty (180) consecutive days and be fully licensed and
properly equipped for highway usage; or
2. Shall meet the elevation and anchoring requirements for MANUFACTURED HOMES.
A RECREATIONAL VEHICLE is properly equipped for highway usage if it is on its
wheels or jacking system, is attached to the site only by quick disconnect utilities
and security devices, and has no permanently attached additions.
39
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(c) When the Administrator has provided a notice of final flood
elevations for one or more special flood hazard areas on the
community's FIRM and, if appropriate, has designated other special
flood hazard areas without base flood elevations on the
community's FIRM, but has not identified a regulatory floodway or
coastal high hazard area, the community shall:
(14) Require that recreational vehicles placed on sites within
Zones A1-30, AH, and AE on the community's FIRM either (i) Be on
the site for fewer than 180 consecutive days, (ii) Be fully licensed
and ready for highway use, or (iii) Meet the permit requirements of
paragraph (b)(1) of this section and the elevation and anchoring
requirements for "manufactured homes" in paragraph (c)(6) of this
section. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no
permanently attached additions.
Sec. 23-11-380. Specific standards for
FLOODPLAINS with BASE FLOOD
ELEVATIONS (Zones A1 -A30, AH, AO,
and AE).
In addition to the general standards in Section 23-11-360 and specific sea dards for Approximate Floodplains in Section 23-11-370, the
following provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS
designatedas Zones Al through A30, ALL AO, and AC;
E. Per44 CFR 60.3(c), Zone AO (shallow flooding) areas can be located within the SPECIAL FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD
AREAS are associated with BASE FLOOD depths of I to 3 feet wherea tlearlydefined CHANNEL does not exist and where the path of FLOODING is
unpredictableand where velocity flow may be evident Such FLOODING Is characterized by ponding or sheet flaw. The following provisions shall
apply
L All NEW CONSTRUCTION and SURSTANUAL IMPROVEMENTS of residential STRUCTURESshall have the LOWEST FLOOR(including
BASEMENT or crawlspace) ELEVATED above the HIGHEST ADJACENT GRADE atleast one foot Shove the depth number specified in feet on the FIRM.
If no depth number is provided an the FIRM, the LOWEST FLOOR (including EASEMENT orcrawlspace) shall he a minimum of three is) feet above the
HIGHEST ADJACENT GRADE. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including the BASEMENT or crawls pace, shall
be certified by a registered Colorado Land Surveyor. Such certification shall he submitted to the FLOODPLAIN ADMINISTRATOR.
2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENTofany commercial, industrial, or
other non-residential STRUCTURES shall either have the lowest floor (including BASEMENT orcrawlspace) ELEVATED a minimum of one foot above
the BASE FLOOD ELEVATION (at east three (3) feet if no depth numher is specified) or. together with attendant utility and sanitary fadlities, he
designed so that atone loot above the BASE FLOOD level, the structure is WATERTIGHT with walls substantially impermeableto the passage of water
and with structural components having the capability of resisting hydrostaticand hydrodynamic loads and the effects of buoyancy. A registered
professional engineer or architect licensed in the State of Colorado shall develop and/or review the structural design, specifications, and plansfor the
construction, and shall certify that the design and methods ofmnstruction are in accordance with accepted standards of practice.
3. Adequate drainage paths shall he established to guide FLOOD waters around and away from proposed STRUCTURES.
40
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(c) When the Administrator has provided a notice of final flood elevations for one or more special
flood hazard areas on the community's FIRM and, if appropriate, has designated other special flood
hazard areas without base flood elevations on the community's FIRM, but has not identified a
regulatory floodway or coastal high hazard area, the community shall:
(7) Require within any AO zone on the community's FIRM that all new construction and
substantial improvements of residential structures have the lowest floor (including basement)
elevated above the highest adjacent grade at least as high as the depth number specified in feet on
the community's FIRM (at least two feet if no depth number is specified);
(8) Require within any AO zone on the community's FIRM that all new construction and
substantial improvements of nonresidential structures (i) have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (ii)
together with attendant utility and sanitary facilities be completely floodproofed to that level to
meet the floodproofing standard specified in 4 60.3(c)(3)(ii);
(11) Require within Zones AH and A0, adequate drainage paths around structures on slopes,
to guide floodwaters around and away from proposed structures.
Sec. 23-11-380. Specific standards for
FLOODPLAINS with BASE FLOOD
ELEVATIONS (Zones A1 -A30, AH, AO,
and AE).
In addition to the general standards in Section 23-11-360 and
specific standards for Approximate Floodplains in Section 23-11-
370, the following provisions are required for all NEW
CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are
located in SPECIAL FLOOD HAZARD AREAS designated as Zones Al
through A30, AH, AO, and AE:
F. Per 44 CFR 60.3(c), notwithstanding any other provisions of
this ORDINANCE, the COUNTY may approve certain development in
Zones Al -30, AE, or AH, on the COUNTY'S FIRM which results in the
increase of the BASE FLOOD WATER SURFACE ELEVATION by more
than one-half foot (six (6) inches), provided that a CLOMR is
submitted to FEMA which fulfills the provisions of 44 CFR 65.12 and
receives FEMA approval.
41
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(c) When the Administrator has provided a notice of final flood
elevations for one or more special flood hazard areas on the
community's FIRM and, if appropriate, has designated other special
flood hazard areas without base flood elevations on the
community's FIRM, but has not identified a regulatory floodway or
coastal high hazard area, the community shall:
(13) Notwithstanding any other provisions of § 60.3, a
community may approve certain development in Zones Al— 30, AE,
and AH, on the community's FIRM which increase the water surface
elevation of the base flood by more than one foot, provided that
the community first applies for a conditional FIRM revision, fulfills
the requirements for such a revision as established under the
provisions of § 65.12, and receives the approval of the
Administrator.
Sec. 23-11-390. Specific standards for
FLOODPLAINS with FLOODWAYS.
FLOODWAYS are administrative limits and tools used to regulate existing and
future FLOODPLAIN DEVELOPMENT. The State of Colorado has adopted
FLOODWAY standards that are more stringent than the FEMA minimum standard.
Located within the SPECIAL FLOOD HAZARD AREA are areas designated as
FLOODWAY. Since the FLOODWAY is extremely hazardous due to the velocity of
FLOOD waters which carry debris, potential projectiles and erosion potential, the
following provisions, in addition to the provisions of the general standards in
Section 23-11-360, specific standards for Approximate Floodplains in Section 23-
11-370, and specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS in
section 23-11-380, for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS
that are located in FLOODWAYS shall apply:
A. Per 44 CFR 60.3(d), encroachments within the regulatory FLOODWAY are
prohibited, including FILL, NEW CONSTRUCTION, SUBSTANTIAL IMPROVEMENTS,
and other DEVELOPMENT unless it has been demonstrated through hydrologic and
hydraulic analyses performed by a licensed Colorado Professional Engineer and in
accordance with standard engineering practices that the proposed encroachment
would not result in any increase, as shown by a NO RISE CERTIFICATION, in FLOOD
levels within the COUNTY during the occurrence of the BASE FLOOD discharge. Per
CWCB FLOODPLAIN Rule 7, FEMA's Guidelines and Specifications for Flood Hazard
Mapping Partners and any other FEMA accepted methodology are considered to
be standard engineering practices.
42
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(d) When the Administrator has provided a notice of final base flood elevations within Zones Al -30
and/or AE on the community's FIRM and, if appropriate, has designated AO zones, Ali zones, A99
zones, and A zones on the community's FIRM, and has provided data from which the community
shall designate its regulatory floodway, the community shall:
(1) Meet the requirements of paragraphs (c) (1.) through (14) of this section;
(2) Select and adopt a regulatory floodway based on the principle that the area chosen for
the regulatory floodway must be designed to carry the waters of the base flood, without increasing
the water surface elevation of that flood more than one foot at any point;
(3) Prohibit encroachments, including fill, new construction, substantial improvements, and
other development within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood levels within the
community during the occurrence of the base flood discharge;
(4) Notwithstanding any other provisions of § 60.3, a community may permit
encroachments within the adopted regulatory floodway that would result in an increase in base
flood elevations, provided that the community first applies for a conditional FIRM and floodway
revision, fulfills the requirements for such revisions as established under the provisions of § 65.12,
and receives the approval of the Administrator.
Sec. 23-11-390. Specific standards for
FLOODPLAINS with FLOODWAYS.
FLOODWAYS are administrative limits and tools used to regulate existing and
future FLOODPLAIN DEVELOPMENT. The State of Colorado has adopted
FLOODWAY standards that are more stringent than the FEMA minimum standard.
Located within the SPECIAL FLOOD HAZARD AREA are areas designated as
FLOODWAY. Since the FLOODWAY is extremely hazardous due to the velocity of
FLOOD waters which carry debris, potential projectiles and erosion potential, the
following provisions, in addition to the provisions of the general standards in
Section 23-11-360, specific standards for Approximate Floodplains in Section 23-
11-370, and specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS in
section 23-11-380, for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS
that are located in FLOODWAYS shall apply:
B. Per 44 CFR 60.3(d), if the above standard is satisfied, all NEW
CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall comply with all
applicable provisions of this ORDINANCE.
C. Per 44CFR 60.3(d), notwithstanding any other provisions of this
ORDINANCE, the COUNTY may approve certain development in Zones Al through
30, AE, or AH, on the COUNTY'S FIRM which results in the increase of the BASE
FLOOD WATER SURFACE ELEVATION by more than one-half foot (six (6) inches),
provided that a CLOMR is submitted to FEMA which fulfills the provisions of 44CFR
65.12 and receives FEMA approval.
43
12/10/2013
44 CFR § 60.3 Flood plain
management criteria for flood -prone
areas.
(d) When the Administrator has provided a notice of final base flood elevations within Zones A1-30
and/or AE on the community's FIRM and, if appropriate, has designated AO zones, AH zones, A99
zones, and A zones on the community's FIRM, and has provided data from which the community
shall designate its regulatoryfloodway, the community shall:
(1) Meet the requirements of paragraphs (c) (1) through (14) of this section;
(2) Select and adopt a regulatory floodway based on the principle that the area chosen for
the regulatory floodway must be designed to carry the waters of the base flood, without increasing
the water surface elevation of that flood more than one foot at any point;
(3) Prohibit encroachments, including fill, new construction, substantial improvements, and
other development within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in flood levels within the
community during the occurrence of the base flood discharge;
(4) Notwithstanding any other provisions of § 60.3, a community may permit
encroachments within the adopted regulatory floodway that would result in an increase in base
flood elevations, provided that the community first applies for a conditional FIRM and floodway
revision, fulfills the requirements for such revisions as established under the provisions of 4 65.12,
and receives the approval of the Administrator.
Sec. 23-11-400. Specific standards for
FLOODPLAIN Studies.
CWCB FLOODPLAIN Rules 7, 9, and 10 provide specific standards for conducting
FLOODPLAIN studies.
A. Per CWCB FLOODPLAIN Rule 7, all FLOODPLAIN studies shall be carried out in accordance with
the following standards:
1. Approximate FLOODPLAIN information shall be based on detailed hydrology computed
for 100 -YEAR FLOODS. Hydraulic information shall be produced using approximate, field, or limited
techniques and the best available topographic/survey data.
2. Detailed FLOODPLAIN information shall be based on detailed hydrologic and hydraulic
determinations for 100 -YEAR FLOODS. FLOOD profiles and FLOODPLAIN delineations for the BASE
FLOOD shall be plotted.
3. Base mapping for FLOODPLAIN studies shall meet the minimum standards as set forth in
FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners.
4. Topographic and field survey information for FLOODPLAIN studies shall meet the
minimum standards as set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping
Partners.
5. Geographic Information System information for FLOODPLAIN studies shall meet the
minimum standards as set forth in FEMA's Guidelines and Specifications for Flood Hazard Mapping
Partners.
44
12/10/2013
CWCB FLOODPLAIN Rule 7: Standards
for Delineation of Regulatory
Floodplain Information
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.
Sec. 23-11-400. Specific standards for
FLOODPLAIN Studies.
Hydraulic analyses,n„L000pLAl studies shall be compIetechning, orceors set forthEnFDA's GuIdelmes and =pttr.,,,on for Fleend,,.,., Mepp,ndp„tors.
In
a The FLOOD der/minim and the FLOODP,IN delinearions On the maps muel correlate reasonably In One test ay..° lopagraphre informaeon for IhOSIFearn and
en,e„ e, ,e,minro,..ngd,,e..„Inalndn,,,, exec, eenRn..,.,,dthe de,,.ead.bI..edn,ph,,nd,ep.mn, „nl,nele,nfn,me,lnn,m,heme,mand
9. The rnults of line shaIl ee,ndm,zrzt.oao.ndpo„e,me,.a1p., M,�ww ,.,..,..,n.,.dna. 5%9199,170
Ma;:
drawn dene.en,e.n,t.e,F000pal. me 95
re, .. m.t..,.endn,n, nude; F,00 o�mn,de „n,�,. deAPoa:a,e.�meprofile,
mine, the .,e,me
,he.,eaoM1hb. FLOeDmnlows OF muFuw94RVATIONS, Ill dedhnwm,weW line, drawn perpendicular to the dlr.a,.,rOmv ell,,,dwe,e, and shrill extend mmpltt,Iy acre,.
ro ,�„<,.n„I_ Lg0.O = !lull be,.n.Aequals .009,eetasuch map , re showing,.,,e,dend. FEMA reap panels .e,e.,,tench equa„500.,
45
12/10/2013
CWCB FLOODPLAIN Rule 7: Standards
for Delineation of Regulatory
Floodplain Information
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, 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.
CWCB FLOODPLAIN Rule 7: Standards
for Delineation of Regulatory
Floodplain Information
H. Floodplain Nelineatlons.Floodplain delineations shall be completed using protocolsset forth in FEMA Guidelinesan d Specifications for Flood
Hazard Mapping Parmers,as incorporated hereinby reference, and shall,at a minimum, comply with the technical quality assurance standards as
follows: 111 The flood elevations and the floodplain delineationson the maps must correlate reasonablyto the best available topographic
formation for the stream and adjacent corridor and must meet an acceptable [eyelet technical accuracy. (2)The planimetricfeaturesan the
Boodplain maps (including, but not limited to, streets and highways, stream centerlines, bridges and other critical hydraulicfea tures, corporate
limits, section lines and corners, survey benchmerks)must be consistent with the best available aerial photographs or other suitable information for
the stream and the adjacent corn for, as determined through prevailing industry practices, and must meet an acceptable level of technical accuracy.
I.specrd Flodplalledvedne oomiasn. oredies for e a nlm0.yearaoodlnvoodnlain conditions, or natural flood hazards, In Colorado that fall outside of the
stA
Guidelinesand Specifielions for Flood Hazard Mapping Partners, as incorporated herein by reconditions ference. ence.be pThe speleted cial condng itions ons arecols set : 11) Alluvirth in al Fan,
and aches Flow noodplains located within foothill and mountainous regions of Colorado shall be considered on a case -by -case basis. Cal Port -
wildfire hydcologyshall 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
drrephobicsoils and lack ofveof the local getagoverning
ion. The pas wildfreity rmap shall be evaBoard ale.The interim luated every 3 to S yeais mto asessll thene increased ffuler runoff
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 available through the U.S. Army Corps of Engineerscold Regions Research
and Engineering Laboratory (CRREL), located in Hanover, New Hampshire,
1. Written reports end maps. The results of the hydrologic analyses, hydraulic analyses, and floodplain delineations shall be summarized in a written
port and submitted to the CWCB. All Approximate and Detailed Floodplain Information that Is presented to the CWCB for designation and approval
shall beproperly titled dated, organized, and bound as a stand-alone docoment 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 formals. All pertinent technical backup data such as GIS files, and hydrologicand
hydraulic models shall also be provided to the CWCB in acceptable digital formats. The CWCB shall electronically distributeto interested parties, to
the extentpossible,pertinent study information. Access to original 015 information shall be provided to local governmetn and other authorized
users through secure and protested website or other secure means. (1),The Regulatory Floodplain maps shall show, eta 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 urface profiles. 12l New Physical Map Revisions
reconuested toursor Basey lFllooddictions or Elevations, shalving local ll be shown as wavy lines drrisdictions awn perpendicinclude ited ulartootthe directionear lain offlow of floodwater rmation when and shalll extent Flood
completely across the area of the mapped Regulatory Floodplain roch flood contour shall indicate its elevation to the nearest whole loot (4)The
Regulatory Floodpoln map scale shall be 1 -inch equals 1000 feet or such map scale showing greater de tail. FEMA map panels may also be published
at 1 inch equals 5W feet,1 inch equals 1ACO feet or 1 inch equals200Q feet. 151 Where discrepanciesaypear 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 aprofile error is identified and substantiated,
46
12/10/2013
Sec. 23-11-400. Specific standards for
FLOODPLAIN Studies.
CWCB FLOODPLAIN Rules 7, 9, and 10 provide specific standards for conducting FLOODPLAIN studies.
B. Per CWCB FLOODPLAIN Rule 9, 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.
1. 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.
2. The hydrologic analysis 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. Public operation
and maintenance shall include direct responsibility or ultimate responsibility through written agreement.
3. 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.
4. If a STRUCTURE is not specifically designed and operated, either in whole or in part, for FLOOD control
purposes (i.e. railroad embankments, roadway embankments, non -engineered berms, etc.), then its effects 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 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.
CWCB FLOODPLAIN Rule 9: Criteria for
Determining the Effects of Flood
Control Structures on Regulatory
Floodplains
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 NO -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.
47
12/10/2013
Sec. 23-11-400. Specific standards for
FLOODPLAIN Studies.
CWCB FLOODPLAIN Rules 7, 9, and 10 provide specific standards for conducting FLOODPLAIN studies.
e. Per CWCB FLOODPLAIN Rule 9, if a publicly operated and maintained STRUCTURE is specifically designed and operated either
in whale or in part for FLOOD control purposes, then its effects shall be taken into consideration when delineatingthe
FLOODPLAIN below such STRUCTURE.
5. Adequate assurances shall include appropriate recognition in a COUNTY adopted master plan of:
a. 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;
b. 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
c. A complete operations and maintenance plan.
6. Irrigation facilities, including, but not limited to, ditches and canals
stormwater or FLOOD conveyance facilities,
approved by the irrigation facility owners
may be used as
7. Unless specified otherwise by aforementioned written agreement, FLOOD hydrology for 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 dainageway 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.
CWCB FLOODPLAIN Rule 9: Criteria for
Determining the Effects of Flood
Control Structures on Regulatory
Floodplains
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 food 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 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.
48
12/10/2013
Sec. 23-11-400. Specific standards for
FLOODPLAIN Studies.
CWCB FLOODPLAIN Rides?, 0, and 10 provide specific standards for conducting FLOODPLAIN studies.
C. Per CWCB FLOODPLAIN Rule 10, the use of LEVEES for property protection, FLOOD control, and FLOOD hazard mitigation isnot encouraged unless
other mitigation alternatives are not viable.
LThe areas landward of an accredited LEVEESRRTEM shall be mapped as Zone X (shaded). The °FIRM and FIRM for these areas will
include an informational note that advises users of the FLOOD risk in LEVEE-impacoed areas.
and constructed to manta maions ntain natural CHANNEL aES are the nd reserve ale rnative for portion ofthetection of existing na natural FLOODPLAIN capaLNENT,"setback"LEVEES shall be designed
3. LEVEESshall not he used for FLOOD protection along streams or WATERCOURSES where new DEVELOPMENTis planned.
4. LEVEES may be used to protect public utility plant facilities for wastewater treatment and pumping as well as electric power plants due
tot heir close proximity to natural waterways.
5. For existing LEVEESthal protect existing DEVELOPMENT,proper maintenance shaII be performed by LEVEE owners/operators, or non -
Federal sponsors in the case of Federal LEVEES, according to an operations and maintenance plan. LEVEES shall not be constntcted for the primary
purpose of removing undeveloped landsfrom mapped FLOODPLAIN areas for the purposes of DEVELOPMENT. When constructed, LEVEESferwhich
protection will be considered for designation and approval must meet the requirements set forth in 44 CFR 65.10. Artificial embankments that
function as a LEVEE or a FLOOD control STRUCTURE must meet the provisions of CWCB Rule 10 or 2 OCR 402-1(2010), respectively, In order to be
considered as providing protection.
6 An operation and maintenance manual that ensures continuing proper function of the LEVEE shall be prepared and updated The LEVEE or State agency oa structurally
li sound
Colorado
nd and
registered maintained,
Sedimentation effects shall be considered for all LEVEE projects. Certifiationfroma
Federal professional engineer that the LEVEE meets the minimum freeboard cnteria stated above and that it
appears, on visual inspection, to be strutturallysound 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 hydraubcanalysis.
CWCB FLOODPLAIN 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
miZone%(shaded). Thon e Digital Fined Ins are not s. The areas landward of an accredited urance ance Rate Maps(OFIRMs) for theseievee a areas will Paluideanli nlormatited ona lLevee note that advise users of thefstem shall be loed as
od risk
in levee -impacted areas. In situations where levees arethe only viable alternative for protection of existing development,"setback" levees should be
designed and constructed to maintain the natural channel and reserve a porr,onOne natural Roorlpsain capacity levees should notion used for
flood protection along streams or watercourseswbere new development is planned. However, levees may be used to protect public utilityplant
flevee i that protect otecwalet treatment mend pnt,prapg man lenans well as cesM1 ctric power
berperfo performed by leveents due to their eloseowners/operators, orroimate n-fede al sp sS. pr onsors in, the case
of levees that levees,
aoIrding development, op er tionsa
of federal levees, according to an operations and maintenance plan.
Levees should not be constructed for the primarypurpose of removing undeveloped lands from mapped Roodplaln areas for the purposes of
developiegthose 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 he considered for designation and approval must meet the requirements set forth in"Mapping of
Areas Protected by Levee Systems;"44 C.F.R 4 65.10 12010). ArrlRtlal embankments that either functional a Levee or a Flood Control Structure must
meet the provisions of this Rule or "Officeofthe State Engineer Rules and Regulations for Dam Safety and Dam construction;" 2 C.C.R. 4402-1
(20101, available&
step,//www.vaessy, in order to be considered as .gpo.gov/nvro/cfr/woieidx 02/44gr65g02.hrml,,ae4on.2 CCR.§ 402-1(2010), avaiableor
hrtp//woter.slorea..us/pubs/ruin reg/ds, relese]pd422 are hereby incorporated by reference and include the incorporated material in each in
existence at the time of the promulgation°, these Rules, but do not indude later amendments to or editions of either.
A, Maintenance. An Operating and Maintenance manual that ensurescontinuing prop erfenctios of the structure shall be prepared and updated.
The levee shall h e structurally sound and adequately maintained. Sedimentation effects shall be considered for all levee projects. Certification Roma
federal agency, state agency, or a Calmado RegiStered Professional Engineer that he levee meets the minimum Reeboard criteria, as stated above,
and that it appears, on visual inspection, to be structurallysound 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 lading in proper maintenance shall not he considered in the hydraulic
analysis.
49
12/10/2013
Sec. 23-11-400. Specific standards for
FLOODPLAIN Studies.
CWCE FLOODPLAIN Rules J,9, and 10 provide specific standards For conducting FLOODPLAIN studies.
C. Per CWCB FLOODPLAIN Rule 10, the use of LEVEES for property protection, FLOOD control, and FLOOD hazard mitigation is not encouraged unless other
mltigationalternativesare not viable.
> Privately -operated or maintained LEVEE SYSTEMS will not be considered in the hydraulic analysis performed unless the COUNTYmandates
operation and maintenance of the LEVEESYSTEM and the criteria set forth below are met.
a. LEVEESfor which the community,State, or Federal government has respansibilityfor operations and maintenance will be considered, provided
that he criteria set forth below are met.
b. Privately -owned LEVEE SYSTEMS shall only be consldered'in the hydraulic analysis if a fully executed agreement exists between the LEVEE owner
and a governmentaIentity enabling unrestriced access tothe governments lentity for the purposes of inspection and maintenance and gives the
governmental entity responsibility far maintenance.
c A copy of the executed agreement shall be provided to the CWCB and the CWCB shall he notified in writing of any changes made to the
agreement
3, Aminimum LEVEE freeboard of three (3)feet shall be necessary with an additional 1 -foot of freeboard within lip feet of either side of hydraulic
structures within the LEVEE or wherever the flow isconstricted such as at bridges. An additional OS -foot above this minimum is also required at the
upstream end of the LEVEE.
9. In cases where levees are mapped as providing 100 -YEAR FLOOD 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 LEVEESshall be mapped using standard
procedures.
10. Evaluationof LEVEES Shall not consider human intervention (e.g., capping of levees by sandbagging, earth fill, or flashboardsl for the purpose of
increasing design level of protection during an imminent FLOOD Human intervention shall only be considered for the operation of closure
ssdcturis(ea.ovgesror itoplogs)in a LEVEE such human SY1'EMidn ifsedto provide atleast the level of BASE FLOOD protection, includingadequate freeboard
specifically included In an emergency response plan adopted by the COUNTY.
11. For areas protected by a LEVEE providing less than the level of BASE FLOOD 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 time LEVEE overtopping begins or the profile computed as if the LEVEE did not exm,whichever is higher. This
procedure
shownizes n as several feet highee increase in r on one sidon ine of thhe e levee than on theorotected area that is theerr-Bath profilethe sshall beEE ishowo n the finalrocedure lreportsult in and labeled
as "before LEVEE overtopping"and"after LEVEE overtopping' respectively.
CWCB FLOODPLAIN Rule 10: Criteria
for Determining Effects of Levees on
Regulatory Floodplains
B. Ownership. Privately.operated or maintained levee systems will not be considered in the hydraulicanalysisperformedpursuant 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 responsihilityfor operations and maintenance will he considered, provided that the criteria set forth below are
met. Privatelµownd levee systems shall only be considered in the hydraulic analysis if a fully executed agreement exists between the levee owner
and a governmental entity enablingunrestrided access to the governmental entityfar 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 Gee hoard of 3 feet shall he necessary, with an additional 1.foot of freeboard within 100 feet of either side of
hydraulicstruOuros withinthe levee or wherever the flow is constricted, such as at bridges. An additional OSfaot above this minimum is also
required at upstream end ofthe levee.
D. Interiororzinage. In cases where levees are mapped as providing lfbyear protection the a dequacyof intesiordrainage systems, an the landward
side of thelevee, shall be evaluated. Areas subject to flooding from inadequate interiardraina ge behind levees will he mapped using standard
procedures.
E. Human Intervention and operation. Ingeneral, evaluation of levees shall not consider human Interventionle,g„ capping of levees by sandbagging,
earth lil`, ord f asr heoards)for theration e
purpose of ofcNreasing a levee's design level of protection during an imminent flood Human intervention shall only be
eluding adequate freeboard as described above, provided that such ates or stop ihuman operatioin a levee nstem designed to is spenfccollircludedin an eme at ergency responyear se plan protection,
adopted by the community. yinc
F.Analysis. For areas protected by a levee providing less than 1W -year protection (e.g., a0 -year prstedionl, flood elevations shall be computed as it
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 he flood profile that would exist at time levee overtopping beginsor the proms computed as if the levee did not exist, whichever Is
higher. This procedure recognizesthe'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 highesan one side of the levee than on the other. Both profiles shall be shown In the final report and
labeled as "before leveeovertopping"and "after levee overtopping"respectively
50
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