HomeMy WebLinkAbout992971.tiff 7050 Loma Linda Ct.
Longmont CO 80504
303 833 2992
December 10, 1999
Weld Board of County Commissioners ,
P O Box 758
Greeley CO 80632
Subject: Flood Hazard Overlay District Permits; Ordinance 89
Dear Commissioners:
It is my understanding that County government's confidence in the conformity to FEMA
regulation requirements under 44CFR of section 26 of the Zoning Ordinance for flood
hazard overlay district permitting is based on a response by Mr. Fred Metzler of a
submission for revision of section 26 to him. However, decisions on which permitting of
changes in the floodway and flood plain depend to a great extent on FIRM maps on which
much of the information is incomplete, incorrect, absent and outdated in most
unincorporated county areas.
There follows some observations in support of the above contention and suggestions for
revisions that might improve this section:
26.3.1 Does not state what permits are necessary [FEMA, Colorado Water Conservation
Board, US Army Corps of Engineers - for wetlands impacts]
26.3.2 Should specify what groups or agencies should get referrals [FEMA, Colorado
Water Conservation Board, U S Army Corps of Engineers].
26.3.8 As stated above there are is no reliable, usable base flood elevation data for most
of the county's unincorporated areas and there is no such "data available from a Federal,
State or other source". So how is Planning Services going to effectively review a permit
application?
26.4.6 26.4.7 Any infilling for use or structure will affect flood water levels.
26.4,9.3 FEMA and the Colorado Water Conservation Board should be advised of all,
not only alteration or relocation, changes. 44CFR Sec. 65.12[a] states: "When a
community proposes to permit encroachments upon the flood plain when a regulatory
floodway has not been adopted...., the community shall apply to the Administrator for
Conditional approval of such action prior to permitting the encroachments to occur..."
44CFR Part 60.3[b][3] requires where base flood elevations have not been established,
within approximate A-zones "...that all new subdivision proposals and other proposed
developments..greater than 50 lots or 5 acres, whichever is the lesser, include in such
proposals base flood elevation data..." I cannot find these requirements in the Zoning
ordinance or any instance where they have been implemented.
26.5.1.5 Water surface elevations of the intermediate regional flood at the building site
cannot be established in the subject areas as there are no base flood elevations developed
on which to base them.
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t 2 /5 - ., 1 992971
The necessities for having floodplain regulations are well covered in section 53 of the
ordinance. However, without having accurate, complete, up to date FIRM maps that are
continuously revised as changes are permitted in the flood plain, there is danger to life and
property in those areas. I have not seen an application for LOMR or CLOMR to revise
these maps nor find any regulation in the ordinance requiring it as stated in 44CFR
Sec.65.12[a] of FEMA regulations.
As more development is permitted by County government in the flood plain and its effects
multiply, it is in the interest in the health, safety and welfare to persons and property that
the information available for permitting or approval of development be accurate, complete
and up to date.
Very truly yours,
c-
'John S. Folsom
PC: Monica Daniels Mika
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