HomeMy WebLinkAbout6 - Recommendation on the proposed Critical Facilities and Mobile Populations Ordinance
CITY OF BOULDER
WATER RESOURCES ADVISORY BOARD
AGENDA ITEM
MEETING DATE: March 28, 2011
AGENDA TITLE: Public Hearing and Final Recommendation on the Proposed
Critical Facilities and Mobile Populations Ordinance
PRESENTERS: Ned Williams, Director of Public Works for Utilities
Bob Harberg, Utilities Planning and Project Management Coordinator
Annie Noble, Greenway Coordinator
Christie Coleman, Engineering Project Manager
EXECUTIVE SUMMARY:
The city, through its Multi Hazard Mitigation Plan, Comprehensive Flood and
Stormwater Master Plan and direction from City Council has identified a need to protect
critical land uses in the 500-year floodplain. This proposed ordinance addresses that need
by proposing to protect critical land uses and mobile populations in the city's 100- and
500-year floodplains. Critical facilities are classified as essential services, at-risk
populations and hazardous materials facilities. Examples of these types of uses include
hospitals, schools, buildings containing hazardous materials and fire stations. Mobile
Populations represent land uses accommodating people not familiar with Boulder's flood
threat or the area they occupy. Examples of mobile population facilities include hotels,
restaurants, theaters and dormitories. Complete definitions of critical facilities, essential
services, at-risk populations, hazardous materials and mobile populations are included in
the proposed ordinance presented in Attachment A. This attachment also incorporates
updates and revisions to the proposed ordinance based on feedback received since
January 2011 from facility managers, members of the public and city staff.
The proposed ordinance contains provisions for critical facilities and mobile populations.
The proposed critical facilities provision is primarily directed towards protecting critical
uses in the 500-year floodplain outside of the currently regulated 100-year floodplain.
These regulations promote the protection of critical uses through implementing
floodproofing, floodwalls, elevation or other equivalent protection measures to the 500-
year water surface elevation plus one foot of freeboard. The city's existing 100-year
floodplain regulations will continue to be followed for all uses in the 100-year floodplain.
This management strategy provides needed protection to critical uses to a 500-year flood
level and was selected based on input received from business owners, the public, the
AGENDA ITEM 4_6_PAGE 1
Boulder Chamber of Commerce, the Local Emergency Planning Committee, and Water
Resources Advisory Board (WRAB).
The proposed mobile populations provision provides for the development of emergency
management plans and the dissemination of flood protection information to mobile
populations in the city's 100- and 500-year floodplains. Under this ordinance, mobile
population facilities will develop emergency management plans that will include either
shelter in place or evacuation plans. Information on appropriate evacuation routes or
sheltering locations will be dispersed to the people using these buildings, providing
people who are not familiar with their environment or the city's flood potential with
information they need to stay safe.
Existing critical and mobile population facilities can continue to operate in their current
capacity and are only subject to new regulations when they propose additions,
expansions, or in the case of hazardous materials and mobile population facilities, a
building modification requiring a building permit. Additional background information on
the proposed ordinance was presented in staff's January 20, 2011 Critical Facilities and
Mobile Populations Ordinance WRAB memo that is included in Attachment B. During
the January 20th meeting, staff received feedback from the WRAB members and
members of the public. Staff response and additional research related to this feedback is
included in Attachment C.
STAFF RECOMMENDATION:
Staff recommends that the Water Resources Advisory Board approves a recommendation
to the Planning Board and City Council that the proposed critical facilities and mobile
populations ordinance be adopted.
ADDITIONAL ANALYSIS:
An economic analysis has been completed which assesses the potential economic impacts
associated with the proposed ordinance including the mobile populations and critical
facilities provisions. The complete analysis is included in Attachment D and the results
of the analysis are summarized below. The analysis included research on the cost to
mobile population facilities associated with developing emergency management plans
which will be comprised of a site specific evacuation plan or a shelter in place plan. It is
anticipated that most facilities will implement an evacuation plan with only facilities
situated in high hazard zones (deep flow depth and high velocity) pursing shelter in place
plans since shelter in place plans must include a structural evaluation of the building.
The cost of the emergency management plans including evacuation plans and shelter in
place plans is detailed below:
AGENDA ITEM 4_6_PAGE 2
Evacuation Based Shelter in Place Based Shelter in Place -New
Construction
Simple Complex Simple Complex
Approximate Number of 95 12 6 5 N/A
Existing Facilities Impacted
Estimated Plan Prep Costs $2,500 $3,600 $5,000 $11,500 $3,500
City Fees $542 $542 $1,082 $1,082 $1,082
Total Costs $3,042 $4,142 $6,582 $12,582 $4,582
Critical facilities have multiple options for compiling with the proposed regulation. The
most economical options are presented in the following discussion. New critical facilities
and additions to critical facilities will have the design flexibility to elevate the building to
the 500-year water surface elevation plus one foot of freeboard. This approach to
providing flood protection is very economical and is a preferred protection strategy in
that it does not depend of structural or mechanical floodproofing measures to provide
protection. The proposed analysis calculated the cost associated with elevating two
representative building sizes, 4,800 square feet and 69,500 square feet, to depths of 1.5,
3.0, and 4.5 feet respectively. Costs for incorporating flood protection based on fill are
detailed below.
Building Footprint
5,400 Square Feet 65,000 Square Feet
Depth of Fill 1.50 3.00 4.50 1.50 3.00 4.50
Fill Cost per Building S q. Ft. $1.52 $4.36 $9.68 $1.13 $2.54 $4.31
Average Construction Cost per Sq. Ft. $160.00 $160.00 $160.00 $135.00 $135.00 $135.00
A review of potential critical facilities located in the city's 500-year floodplains
indicated that 30% of potential facilities will be located above the 500-year water surface
elevation and to comply with the ordinance these facilities will simply document the
buildings lowest adjacent grade is higher than the 500-year water surface elevation. This
percentage represents a significant portion of the proposed critical facilities and indicates
both the shallow flooding nature of the 500-year floodplain and that a critical facility's
location in the 500-year floodplain does not automatically lead to structural flood
protection improvements/costs in order to comply with the proposed ordinance.
An additional 38% of potential critical facilities will be located in areas with flood depths
in the range of two feet or less. Under the proposed ordinance these facilities can provide
flood protection to the 500-year water surface elevation plus one foot of freeboard, or up
to three feet of floodproofing depth. The proposed analysis calculated the percentage
increase in cost associated with floodproofing two representative building sizes, 3,000
square feet and 35,900 square feet to depths of three feet. Costs to comply with
floodproofing requirements for flood depths of two feet or less are listed below.
AGENDA ITEM 4-6-PAGE 3
2 Ft. or Less Foot Flood Depth -Building Footprint
3,000 Square Feet 35,900 Square Feet
Flood roofin Depth ? 3 > 3
Flood roofin Cost per S q. Ft. $12.00 $4.00
Average construction Cost per Sq. Ft. $160.00 $135.00
Minimum Average Substantial Improvement or
Modification Cost per Sq. Ft. $44.00 $44.00
The final 32% of potential critical facilities will be located in areas with flood depths
greater then 2 feet. Of these facilities, approximately six are large and approximated by a
69,000 square foot facility and two are small and represented by a 3,000 square foot
facility. Average flood depth for these facilities is 3.5 feet. In areas of deeper flood
depths constructing ringwalls can be a cost effective solution to providing flood
protection for large facilities. Costs to comply with floodproofing requirements for flood
depth greater then two feet are listed below.
2+ Foot Flood Depth - Building Footprint
69,000 Square Feet 3,000 Square Feet
Floodproofing Depth 4.5 4.50
Floodproofing Cost per Sq. Ft. $11.00 $76.00
Average construction Cost per Sq. Ft. $135.00 $160.00
Minimum Average Substantial Improvement or
Modification Cost per Sq. Ft. $44.00 $44.00
The small facilities in the above table represent two day care facilities operating out of
converted single family homes. These uses are businesses operating out of buildings that
are not dependant of special zoning, large amounts of land, buildings that facilitate
specialized industrial processes or locations that meet response time requirements. For
these uses, alternative residential buildings are fairly ubiquitous and a cost effective
alternative to providing flood protection for the existing structure would be relocation to
a residential structure outside of the floodplain.
It should be noted that hazardous materials facilities will be required to protect those
materials from being released during a 500-year flood event. Existing Environmental
Protection Agency, U.S. Department of Transportation, fire code or Occupational Safety
and Health Administration requirements outline best management practices for the
treatment and storage of hazardous materials that may also protect the material from
flooding by mandating watertight containers that will not able to leave a facility during
times of flooding. As a result, it is anticipated that hazardous materials facilities will
choose to document that their hazardous materials will not be released at or from a
facilities during flooding for a significantly lower cost than floodproofing the entire
structure. In the rare case that an entire hazardous materials facility needs to be elevated
or floodproofed, the cost analysis above provides a worst case cost of compliance.
AGENDA ITEM 4-6-PAGE 4
MATRIX OF OPTIONS:
Water Resources Advisory Board options for review and consideration include:
• Accept the proposed ordinance and recommend that Planning Board and City
Council adopt the ordinance.
• Request additional public involvement, information or evaluation on the proposed
ordinance.
• Propose modifications to the ordinance and recommend that the Planning Board
and City Council adopt the modified ordinance. A matrix that represents
alternative options that were developed from feedback of facility managers,
members of the public and staff members is presented below:
AGENDA ITEM 4_6_PAGE5
Option Positive Aspects of this Option Negative Aspects of this Option
Decrease compliance threshold for storage of -Reduces the burden of these regulations for the -Will extend the amount of time it takes to
hazardous materials from modifications owners of existing hazardous material storage. bring existing storage of hazardous materials
requiring a building pernnit to substantial -Allows thresholds to be consistent with at-risk into compliance.
modifications or substantial improvements of population and essential service buildings.
associated buildings.
Require Emergency Management Plans for -Provides a measure of flood safety for people - Establishes an additional requirement for
critical facilities categorized as either essential occupying these types critical facilities. owners of these types of critical facilities.
services or accommodating at-risk populations • Is redundant with the ultimate critical
upon new use or modification requiring a facilities objective of making the facility safe
building permit. from flooding.
• Will require additional staff time and
recourses to enforce the development and
continued enactment of additional emergency
management plans.
Reject ordinance and recommend continued use -Eliminates the burden of these regulations for the -Does not address 500-year flood protection
of existing Boulder Revised Code. owners of critical facilities and facilities standards for critical facilities as identified by
accommodating mobile populations. City Council, the Multi Ilazard Mitigation
Plan and Comprehensive Flood and
Stormwater Management Plan.
y
z Extend the grandfathered time frame for -Allows buildings from which critical facilities • Will increase the timefi•ame and make it
discontinued critical and mobile populations have moved to be continued in a existing non- more difficult to bring existing facilities into
y buildings from 12 consecutive months to 24 conforming status for a longer period of time. compliance with the proposed ordinance.
months. • Discontinued use time frame for critical
facilities and mobile populations will not
match discontinued use time frames in other
~.d areas of the Boulder Revised Code.
Y
G~
Next Steps:
City staff has researched and responded to feedback received from the public and the
WRAB in the January 20t" meeting and based on that response requests a final
recommendation to submit the ordinance to the Planning Board and City Council for
approval. The Planning Board public hearing and discussion is tentatively planned for
May. The City Council Public hearing and discussion is anticipated in occur in June and
July.
ATTACHMENTS:
A: Proposed Ordinance
B: January 20, 2011 Critical Facilities and Mobile Populations WRAB Memo (please see
memo at this link - Agenda Item 5:
hLtp://www.bouldercolorado.gov/index.phl2?option=com content&task=view&id=14214
&Itemid=2339
C: Summary of WRAB Feedback with Staff Response and Additional Research
D: City of Boulder Proposed Floodplain Ordinance Cost Analysis
AGENDA ITEM #-6-PAGE 7
I ORDINANCE NO.
2 AN ORDINANCE AMENDING CHAPTERS 9-1 AND 9-3, AND
3 SECTION 9-16-1, B.R.C. 1981; TO PROTECT CRITICAL
FACILITIES AND MOBILE POPULATOINS IN THE 500
4 YEAR FLOODPLAIN
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
7 COLORADO:
8
Section 1. Section 9-3-2, BRC 1981 is ainended to read:
9
9-3-2 Floodplains.
10
(a) Legislative Intent: The purpose of this section is to regulate certain areas of the city subject to
11 flooding in order to protect the public health, safety, and welfare by:
12 (1) Restricting or prohibiting certain uses that are hazardous to life or property in tilrne of flood,
13 (2) Restricting the location of structures untended for human occupancy and regulating the
14 manner in which such structures may be built in order to minimize danger to human life within
and around such structures;
15 (3) Requiring that those structures allowed in the floodplairn be expanded or enlarged, and
16 equipment and fixtures be installed or replaced, in a manner designed to prevent their being
washed away and to assure their protection from severe damage,
17
(4) Regulating the method of construction and replacement of water supply and sanitation
18 systems in order to prevent disease, contamination, and unsanitary conditions;
19 (5) Maintaining for public inspection available maps delineating areas subject to such provisions
20 in order to protect individuals from purchasing or using lands for purposes that are not suitable;
21 (6) Protecting and preserving the water-carrying and water-retention characteristics and
capacities of watercourses used for conveying and retaining floodwaters, a+14
22
(7) Obtaining and maintaining the benefits to the conununity of participating in the National
23 Flood Insurance Program;
24 (8) Requiring critical facilities located inn the floodplain to be expanded or enlarged in a manner
25 designed to assure thew protection fi-onn flooding and continued operation after flooding, and
26 (9) Requiring mobile population facilities located nn the floodplain to development emergency
management plans to insure that flood protection information is disseminated to facility users.
27 (b) Flooding May Occur: The degree of flood protection provided by the terns of this section has
28 been determined to be reasonable for regulatory purposes. Floods of greater magnitude will
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I occur, and flood heights may be increased as a result of natural or human-made causes. The
provisions of this section do not imply that areas outside of the floodplain or land uses permitted
2 within the floodplainr are free from flooding, flood hazard, or flood damages. A grant or approval
3 by the city under the requirements of this section does not constitute a representation, guarantee,
or warranty of any kind or nature by the city or any city official or employee of the practicability
4 or safety of any structure or proposed use, and it creates no liability to or cause of action against
the city or any city official or employee for any damages from flood or otherwise that may result
5 from such structure or use.
6 (c) Scope and Application:
7 (1) The requirements of this section supplement those unposed on the same lands by any
8 underlying zoning provisions of this code or other ordinance of the city. If there is a conflict
between such requirements, the more restrictive controls.
9
(2) If a lot or parcel of land lies partly within tine 500-year, 100-year, conveyance zone or high
10 hazard zone, _
11 the part(s) of such lot or parcel lying within such area or areas shall meet all the standards and
requirements of such respective area as prescribed by this section. For the purposes of new
12 construction, if any portion of a structure lies partly within the 500-gear. 100-year. conveyance
zone or high hazard zone, F the eewzeyatimee (44- flie Peed f+ifl a nn 3-eHF OF c00--Y--'ft
13 +i^ all the standards and requirements of this section shall apply to the entire structure.
14 (3) If lands located outside the city limits are included within the
500-Year or 100-Year floodplaim, the conveyance zone or the high hazard zone, the
15 requirements of this section shall apply to such lands upon annexation.
16 (d) Administration: The city manager shall administer the requirements of this section and shall:
17 (1) Determine that the requirements of this section have been met before issuing any permit for
18 development in the floodplain;
19 (2) Obtain and maintain for public inspection any certificates of floodproofmg required by this
section, and any information on the elevation (in relation to mean sea level) of the level of the
20 lowest floor (including basement) of all new or substantially unproved structures, and
21 information specifying whether or not such structures contain a basement, and if the structure has
been floodproofed, the elevation (in relation to mean sea level) to which the structure was
22 floodproofed;
23 (3) Notify Boulder County and the Colorado Water Conservation Board before permitting any
change in a watercourse and submit evidence of such notice to FEMA;
24
(4) Adopt rules interpreting and implementing the requirements of this section including, without
25 limitation, application procedures for floodplain development permits and specifications for the
26 floodproofing of structures, substantial improvements, and utilities;
27 (5) Assure that the Boulder Valley Comprehensive Plan is consistent with the floodplainu
management objectives of this section and the regulations of FEMA;
28
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I (6) Make necessary interpretations of the exact location of the boundaries of the_4"500-
Year and 100-Year floodplains, the flood f Inge, the conveyance zone and the high hazard zone;
2
3 (7) Amend the boundaries of the high hazard zone and the conveyance zone pursuant to
subsection (f) of this section;
4 (8) Determine that all necessary permits have been obtained from state, federal, or local agencies
5 the approval of which is required before issuing any permit for development in the floodpla4
6 (9) Require that persons changing a watercourse maintain the watercourse so that its flood
carrying capacity is not diminished;
7
(10) Require that new and replacement water supply systems in the floodplain be designed to
8 minimize or eliminate infiltration of floodwaters into the systems;
9 (11) Require that new and replacement sanitary sewage systems within the floodplain be
10 designed to minimize or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters;
11
(12) Require that on-site waste disposal systems be located to avoid impairment to there or
12 contamination from them during flooding; and
13 (13) Obtain, review, and reasonably utilize any base flood elevation and floodway data available
from federal, state, and other sources, including data developed pursuant to chapter 9-12,
14 "Subdivision," BRC. 1981, as criteria for requiring that all new development meet the
15 requirements of this section.
16 (e) Appeals: Army person contesting the city manager's interpretation of a boundary location
under paragraph (d)(6) of this section, or any person aggrieved by the granting or denial of a
17 floodplain development permit, may appeal such determination to the planning board through the
process described in section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981. The
18 request shall set forth the reason and basis for the appeal and such other information as the
19 manager may prescribe by rule.
20 (f) Map Anuendrnents: As watercourse or flood channel improvements or mapping corrections
are made, the city manager may amend the flood regulatory area maps to recognize the changed
21 conditions produced by such improvements or corrections provided that no such amendments or
corrections may change a FEMA "area of special flood hazard" or "regulatory floodway" unless
22 the city is in receipt of a letter of map amendment or a letter of map revision issued by FEMA.
23 (g) Flood Regulatory Areas:
24 (1) The 1)1u~isi~ l -c-)€thr, seetiem- Sectioiis 9-3-1 through 9-3-S apply to the area shown as
25 floodplain on the most recent reaps adopted by the city council, as amended from time to time by
the city manager pursuant to subsections (d), (e), and (f) of this section. The regulatory
26 floodplain encompasses overlapping areas- generally ranging from the largest area -,vith the
lowest _eneral de_Uree of flood risk to the smallest area with the hiUhest de--ree of flood risk in Formatted: Font: 12 pt
21 the following order: the 500 year floodplaln. the, one hundred-year floodplain, 60d kHge_ Formatted: Font: 12 pt, Not Strikethrough, Not
28 the conveyance zone, and the high hazard zone. Except where this code expressly states Highlight
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- 3
I otherwise, The -the following regulations govenling each-portwa- respective area of -the
AHo, 1 laiti are cumulative, front the lo,,vest degree of flood risk through the highest, highest, and not
2 exclusive. For example. regulations governing the 500 year floodplanl also apply to the 100 year
3 ilooclpla i]_ the eop~_eµance zoue__and tlle_lugh Hazard zone. but regulations govemilia tllz_ higli
hazard zone do not apply to the X00 year tloodplain. 100 Near floodplain or conveyance zone.
4
(2) In addition to the regulatory areas identified in paragraph (g)(1) of this section, the City has
5 adopted the areas of special flood hazard identified in the Flood hlsurance Study for Boulder
County, effective October 4, 2002, and delineated on the Flood Insurance Rate Map for Boulder
6 County and the City of Boulder as adopted by the City in compliance with 44 C.F.R. chapter 1.
7 In no event will the regulations contained in this section be interpreted to pennit any action not
pennitted under those regulations promulgated by FEMA for the regulation of areas of special
8 flood hazard and regulatory floodways.
9 Section 2. Chapter 9-3, BRC 1981 is amended to add the following new section 9-3-2.5:
10 9-3-2.5 Regulations Govenling the 500-Year Flood lain-
11 (a) The following requireinents apply to critical facilities located in a 500-year flood lp air.
12 (1) Any person constructing a new ^Fi*rzrzccriz~xxci at-risk population or essential service' Formatted: Indent: Left: 0.5"
13 critical facility or making substantial modifications or substantial improvements to
existing at-risk population or essential service buildings 44614-shall construct the entire
14 building with the lowest floor placed at or above the 500-year flood elevation plus one
foot of freeboard or floodproof, including any basennent. to this elevation. In cases where
15 the 500-year water surface elevation -plus one foot of freeboard is greater than the flood
16 Protection elevation the flood protection elevation inav be used.
(A-) Ally person making an expansion or an enlargement to an existing efitieft• Formatted: Indent: Left: 1"
17
€ae-i}ityat-risk population or essential service building not meeting the above
18 threshold shall floodproof or elevate the lowest floor. includingany basements, of
the expansion or enlargement to or above the 500-year flood elevation plus one
19 foot of freeboard. In cases where the 500-year water surface elevation plus one
20 foot of freeboard is greater than the flood protection elevation the flood protection
elevation may be used.
21 (B) Floodproofplg: Whenever this section requires a building or structures to be
22 floodpoofed_ the following standards shall be met:
(i) Such building or structure shall be floodproofed ill accordance with any' Formatted: Indent: Left: 1.5"
23 riles for floodproofug promulgated by the city inanager pursuant to
24 chapter 1-4, "Ruleinaking_" B.R.C. 1981, and with current FEMA
National Flood Insurance Prograin (NFIP) Technical Bulletins:
25 (ii) Such building or structure shall be floodproofed to the 500-year water
26 surface elevation plus one foot or to the flood protection elevation, where
the flood protection elevation is lower. in such a manner that the building
27 or structure is watertight with walls substantially irllperineable to the
passage of water and in a planner requiring no human intervention:
28
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I (iii) Such building or structure shall have structural components capable of
resisting projected hydrostatic and hydr-odynamic loads and the effects of
2 buoyancy: and
3 (iv) Such floodproofmg shall be certified by a Colorado registered
professional engineer or registered architect to comply with this
4 paragraph. Such certifications shall be provided to the city manager as set
5 forth ul paragraph 9-3-2(d)(2), B.R.C. 1981.
(v) In 500-year floodplain areas located outside of the 100-year floodplain
6 floodwalls ineeting the requirements of this section are all. accepted forrnn
7 of floodproofmg.
8
9 (2) Any person constructing a new hazardous materials building or making _a
modification requiring a building ~pelmit to an existing building shall secure the
10 hazardous materials from flooding as verified in a written and signed opinion, including a
documented site evaluation, of a Colorado licensed professional engineer, based upon a
11 site evaluation of the facility location, flood threat and hazardous material storage
conditions, that the hazardous material will not be released at or from the facility during a
12 500-year flood event.
13 Formatted: Indent: Left: 0"
14
15 (32) Existing Uses: The use of any land or structure that was lawful before the
application of this section or any amendment thereto but that does not conform to the
16 requirements of this section may be continued subject to the requirements of this section.
If such a use not conforming to the requirements of this section is discontinued for hvelve
17 consecutive ninths. no person shall use the land or structure thereafter tunless such use
18 conforms to the requnements of this section.
(3) Tlaed,3}'egfit}F, Formatted: Indent: Left: 0", First line: 0.5"
19
21
22
23
24
25
26 Formatted: Indent: Left: 0.5"
er regi~tereclai-,;iee^; too e-emply with this f3a ag=ph Sueh frf eatiarns 1«~ll lae
27 mo;4dod to the oitv maoaee-F as set ooh i .,,,1, 9 3 2(d)(2)B n r~°1981-0) New
or existing critical facilities located 1ftd on the dry side of an accredited levee or a
28 Provisionally Accredited Levee and mapped Zone X (shaded) in accordance with 44 CFR
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I § 65.10. shall be exempt from the requirements of this Section 9-3-2.5, provided the levee
is designed to a inininiilln 500-year flood elevation plus one foot of freeboard and it is
2 operated and maintained in accordance with the requirements set forth in 44 CFR 65.10
3 and Rule 10 of the Colorado Rules and Regullations for Regulatory Floodplains ili
Colorado.
4 Formatted: Indent: Left: 0"
5 (bb) Any mobile population facility, including hotels, motels, dormitories, bed and breakfasts,
hostels and assembly giotip use, as defilied in the city's adopted version of the International
6 Building Code. shall develop an einergency management plan upon new use or
modification requiring a building penniit.,: er . The elliergency i erg i~plan shall
7 be located on the inside of each doorway leading to a separate unit ill a hotel. motel, dorinitorX
8 bed and breakfast or hostel and displayed in a prominent location within any assembly group use.
No facility shall fail to lnaintain such einergency management plans. Emergency management
9 plans will at a minimum include either an evacuation plan (developed by a registered architect or
Colorado registered professional engineer) or a shelter in place plan (developed by a Colorado
10 registered professional structural engineer)
11 (ec) No uses regulated in the 500-year floodplain may occur prior to the issuance of a floodplain
12 development pennit pursuant to section 9-;-6. "Floodplain Development Permits." B.R.C. 1981.
13 Section 3. Section 9-3-3, BRC 1981 is amended to read:
9-3-3 Regulations Goveniui g the,100-Year FloodPlain. Formatted: Font: 12 pt, No underline, Not
14 Highlight
15 (a) General Provisions: In the entire 100-Year floodplain, the following standards apply:
16 (1) Floodplain Development Permit: Except as specified '111 paragraph (a)(1)(A), no development
in the 100-,year floodplain may occur prior to the issuance of a floodplainn development permit
17 pursuant to section 9-3-6, "Floodplain Development Pennnits," B.R.C. 1981.
18 (A) Activities exempt from a floodplain development permit The following activities are
19 allowed within the flood regulatory area and do not require a floodplain development perinnit:
20 (i) "Maintenance" as defined in chapter 9-16 "Definitions" that do not constitute a substantial
improvement and do not affect the efficiency or capacity of the conveyance zone or high hazard
21 zone.
22 (ii) Sidewalks, concrete, asphalt or stone flatwork that does not result ill the establishment or
23 expansion of parking area and does not iliodify existing grade by niore than six inches.
24 (iii) Underground utilities that do not modify existing grade.
(iv) Poles, lines, cables, sign posts, landscaping and artwork that do not affect the efficiency or
25 capacity of the conveyance zone or high hazard zone.
26 (v) Temporary facilities that are not pennanently attached to the ground such as tents, traffic
27 control devices and law furniture provided that they will not affect the efficiency or capacity of
the conveyance zone or high hazard zone, or they will remain in place for no more than 30 days
28
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1 (2) Anchoring:
2 (A) All new construction and substantial improvements or substantial modifications shall be
anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of
3 resisting the hydrostatic and hydrodynamic loads.
4 (B) All manufactured houses must be elevated and anchored to resist flotation, collapse, or lateral
5 movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties connecting to
6 permanent ground anchors, in addition to any anchoring requirements for resisting wiled forces
7 and any tie-down requirements of chapter 10-12, "Mobile Homes," B.R.C. 1981. Requirements
shall include, without limitation, the following:
8 (i) Over-the-top ties shall be provided at each of tine four corners of the manufactured homes.
9 For manufactured homes fifty feet or longer, two additional ties per side are required at
intermediate locations. For manufactured homes less than fifty feet long, one additional tie per
10 side is required;
11 (ii) Frame ties shall be provided at each of the four corners of the manufactured homes. For
12 manufactured homes fifty feet or longer, five additional ties per side are required at intermediate
points. For manufactured homes less than fifty feet long, four additional ties per side are
13 required;
14 (iii) All components of the anchoring system shall be capable of carrying a force of four
thousand eight hundred pounds, and
15
(iv) Any additions to manufactured homes shall be similarly anchored.
16
(3) Construction Materials and Methods:
17
(A) All new constriction, substantial improvements, and substantial modifications shall be
18 constructed with materials and utility equipment resistant to flood damage as outlined in FEMA
19 Technical Document 2-93, Flood-Resistant Materials Requirements.
20 (B) All new construction, substantial improvements, and substantial modifications shall be
constructed using methods and practices that minimize flood damage.
21
(C) All new construction, substantial improvements and substantial modifications shall be
22 constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and located (by elevating or floodproofmg the
23 components) so as to prevent water from entering or accumulating within the components during
24 flooding conditions.
25 (4) Utilities:
26 (A) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems.
27
(B) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate
28 infiltration of floodwaters into the systems and discharge fi-om the systems into floodwaters. Formatted: Right
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I (C) On-site waste disposal systems shall be located to avoid impairment or contamination during
2 flooding.
3 (5) Subdivision Proposals:
4 (A) All subdivision proposals shall demonstrate efforts to minimize flood damage.
5 (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage.
6 (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
7 damage.
8 (D) Base flood elevation data shall be provided for subdivision proposals and other proposed
9 development.
10 (E) No subdivision proposal shall create a lot which is unbuildable pursuant to this section.
(6) Floodproofirg: Whenever this section requires a building or structure to be floodproofed, the
11 following standards shall be met:
12 (A) Such building or structure shall be floodproofed in accordance with any rules for
13 floodproofing promulgated by the city manager pursuant to chapter 1-4, "Rulemaking," B.R.C.
1981, and with current FEMA National Flood Insurance Program (NFIP) Technical Bulletins;
14
(B) Such building or structure shall be floodproofed to the flood protection elevation in such a
15 maimer that the building or structure is watertight with walls substantially impermeable to the
16 passage of water and in a maimer requiring no human intervention;
17 (C) Such building or structure shall have structural components capable of resisting projected
hydrostatic and hydrodynamic loads and the effects of buoyancy; and
18 (D) Such floodProofing g shall be certified by a Colorado registered professional engineer or
19 registered architect to comply with this paragraph. Such certifications shall be provided to the
city manager as set forth in paragraph 9-3-2(d)(2), B.R.C. 1981.
20 Formatted: Font: 12 pt, Not Strikethrough, Not]
• Highlight
21 -,Storage of gasoline
Formatted: Font: 12 pt
below the flood protection elevation is prohibited except for the storage of gasoline in existing
22 and replacement underground tanks in existing gasoline service stations and service Formatted: Font: 12 pt, No underline, Not
garages, Highlight
23 which tanks are designed to prevent infiltration and discharge into floodwaters and which are Formatted: Font: 12 pt
adequately anchored and shielded against rupture. For pin-poses of this paragraph, "existing"
24 means in place and in use on January 1, 1989.
25 (8) Automobile Parking: Notwithstanding other provisions of this title, no person shall establish
26 an area for automobile parking in any portion of the floodplain where flood depths exceed
eighteen inches.
27 (9) Flood Warning System: No owner of a hotel, a motel, a donnitory, a rooming house, a hostel,
28 a school, a bed and breakfast, a daycare center, a group home, or a residential or congregate care
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_g_.
I facility located in the Boulder Creek floodplain shall fail to provide a flood warning system
approved by the city manager that is connected to a point of central communication in the
2 building with twernty-four-hour monitoring. No such person shall fail to maintain such a flood
3 warning system.
4 (10) Rental Property: No owner of property that is located in a floodplain and subject to a city
rental license under chapter 10-3, "Rental Licenses," B.R.C. 1981, shall fail to post on the
5 exterior of the premises at the entrance a sign approved by the city manager stating that the
property is subject to flood hazard and containing such further information and posted at such
6 other locations inside the building as tine city manager may require.
7 (11) Manufactured Housing: All manufactured homes placed in the city after July 1, 1989, and
8 all manufactured homes which are substantially improved or substantially modified shall be
elevated on a permanent foundation so that the lowest floor of the manufactured home is at or
9 above the flood protection elevation and is securely anchored to ail adequately anchored
foundation system, and shall meet the anchorage and tie-down requirements of paragraph (a)(2)
10 of this section.
11 (12) Recreational Vehicles: Inn order to reduce debris and hazard potential, recreational vehicles
12 shall either: a) be in the floodplainn for fewer than one hundred eighty consecutive days, b) be
fully licensed and ready for highway use, or c) meet the permit requirements and elevation and
13 anchoring requirements for manufactured homes.
14 (13) Structure Orientation: In order to minimize the obstruction to flow caused by buildings, to
the extent consistent with other city policies regarding solar access, new structures shall be
15 placed with their longitudinal axes parallel to the predicted direction of flow of floodwaters or be
16 placed so that then longitudinal axes are on lines parallel to those of adjoining structures.
17 (14) Existing Uses: The use of any land or structure that was lawfill before the application of this
section or any amendment thereto but that does not conform to the requirements of this section
18 may be continued subject to the requirements of this section. If such a use not conforming to the
19 requirements of this section is discontinued for twelve consecutive months, no person shall use
the land or structure thereafter unless such use conforms to the requirements of this section.
20 (15) New Uses: All uses allowed by the underlying zoning district may be established, subject to
21 the requirements of this section, except for the outdoor or uuncontairned storage of moveable
objects below the flood protection elevation.
22
(16) Existing Structures: Any structure in existence before the enactment of this section or any
23 amendment thereto that does not conform to the requirements of this section may remain or may
24 undergo rehabilitation subject to the requirements of this section. Further, any such structure may
be otherwise improved as follows:
25
(A) Any person making an expansion or an enlargement to an existing residential structure shall
26 elevate the lowest floor, including the basement, of the expanded or enlarged portion to or above
the flood protection elevation.
27
28
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I (B) Any person making an expansion or an enlargement to an existing nonresidential structure
shall floodproof or elevate the lowest floor, including the basement, of the expanded or enlarged
2 portion to or above the flood protection elevation.
3 (C) Any person making a substantial modification or a substantial improvement to any existing
4 nonresidential structure shall floodproof or elevate the lowest floor, including the basement, of
the substantially modified or improved portion to or above the flood protection elevation and
5 shall floodproof the remainder of the existing structure.
6 (D) Any person making a substantial modification or a substantial improvement to any existing
7 residential structure shall elevate the lowest floor, including the basement, of the entire
residential structure to or above the flood protection elevation.
8 (17) New Structures: Construction of new structures shall meet the following requirements:
9 (A) Any person constructing a new residential structure shall elevate the lowest floor, including
10 the basement, to or above the flood protection elevation;
11 (B) Any person constructing a new nonresidential structure shall floodproof in a manner
requiring no hurnan intervention or elevate the lowest floor, including the basement, to or above
12 the flood protection elevation with the following exceptions:
13 (i) Open air carwashes;
14 (ii) Unheated pavilions;
15 (iii) Unfinished or flood resistant building entryways or access areas;
16 (iv) Garden storage sheds:,
17 (v) Sidewalks, paving, or asphalt, concrete, or stone flatwork;
18 (vi) Fences; and
19 (vii) Poles, lines, cables. or other transmission or distribution facilities of public utilities.
20
(C) Any person constructing a new residential structure on a property removed from the
21 floodplairn by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) shall
elevate the lowest floor. including the basement. to or above the flood protection elevation that
22 existed prior to the placement of fill. Non-residential buildings call be elevated or flood rp oofed
23 to the flood protection elevation that existed prior to the placement of fill. Critical facilities with
physical requirements for below grade construction are exempted fionn this requirement.
24
(18) Enclosures: Enclosures below the lowest floor that are unfinished or flood resistant, usable
25 solely for parking of vehicles, crawl spaces, building access or storage, in an area that is not a
basement, and that are not floodproofed as set forth in this section shall meet the following
26 requirements:
27 (A) Compliance with the provisions of paragraphs (a)(2), (a)(3), and (a)(4) of this section; and
28
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I (B) Design and construction that automatically equalizes hydrostatic flood forces on exterior
2 walls by allowing for the entry and exit of floodwaters.
3 (i) Designs for meeting this requirement shall 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
4 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. Openings may be equipped with screens, louvers,
5 valves, or other coverings or devices provided that they permit the automatic entry and exit of
floodwaters.
6
7 (ii) Any designs not in conformance with subparagraph (a)(18)(B)(i) of this section, shall be
certified by a registered professional engineer or architect and shall conform with FEMA
g Technical Bulletin 1-93, Openings in Foundation Walls.
9 (C) Fully enclosed areas below the lowest floor subject to this provision, include the following:
10 (i) Residential garages placed at or above grade;
11 (ii) Enclosures or vestibules that are attached to structures and that are utilized for storage or
entryways;
12
(iii) Crawl spaces; and
13
(iv) Outdoor pavilions and patio enclosures with removable walls not located in the high hazard
14 zone.
15 (19) Below Grade Crawl Space Construction: New construction, expansion or enlargement,
16 substantial improvement and substantial modification of any below grade crawl space shall meet
the following requirements:
17
(A) Interior grade elevation that is below the base flood elevation shall be no lower than two feet
18 below the lowest adjacent grade;
19 (B) The height of the below grade crawl space measured from the interior grade of the crawl
20 space to the top of the foundation wall shall not exceed four feet at any point;
21 (C) Adequate drainage systems shall allow floodwaters to drain from the interior area of the
crawl space following a flood; and
22 (D) The provisions of paragraphs (a)(2), (a)(3), (a)(4) and (a)(18) of this section shall be
23 complied with.
24 Section 4. Section 9-3-4, BRC 1981 is amended to read:
25 9-3-4 Regulations Governing the Conveyance Zone.
26 In the conveyance zone, the following standards apply:
27 .
28
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I ab) The provisions of section 9-3-5, "Regulations Governing the High Hazard Zone," B.R.C.
1981, if the land is also located in the high hazard zone.
2
3 (be) All uses allowed under the provisions of section 9-3-32_5, "Regulations Governing= the 500-
Year Floodplain," and section 9-3-3, "Regulations Govemiing the 100-Year Floodplain," B.R.C.
4 1981, if they are not prohibited by the underlying zoning district or any ordinance of this city,
may be established except that no person shall establish or change any use that results in any rise
5 in tine elevation of tine one hundred-year flood.
6 (lee) All structures allowed under section 9-3-32_5, "Regulations Governing the 500-Year
7 Floodplain," and section 9-3-3, "Regulations Governing the 100-Year Floodplain," B.R.C. 1981,
may be established except that no person shall:
8 (1) Place any structure in the conveyance zone that will result in any rise in the elevation of the
9 one 1red100-year flood; or
10 (2) Place any obstruction in the conveyance zone, except a device reasonably necessary for flood
management if the device is designed and constructed to minimize the potential hazards to life
11 and property.
12 (d) No person shall carry out any other development *1• 1rt-sthose results in any rise in the
13 elevation of the cme himd;-ed 100-year flood.
(e4) Localized rises within flood charnels or on a specific parcel that is being developed are
14 permissible, if there is no adverse impact on nearby properties and there is no increase in the
15 average water surface elevations along the cross sections of the floodplairn.
16
Section 5. Section 9-3-5, BRC 1981 is amended to read:
17
18 9-3-5 Regulations Governing the High Hazard Zone.
19 In the high hazard zone of the floodplain, the following standards apply:
21 .
22 (ea) All uses allowed under the provisions of section 9-3-32_5, "Regulations Governing the 500-
23 Year Floodplainr," and section 9-3-3. "Regulations Governing the 100-Year Floodplain." B.R.C.
1981, if they are not prohibited by the underlying zoning district or any other ordinance of the
24 city, maybe established, except that no person shall:
25 (1) Change the use of am existing structure intended for human occupancy from a nonresidential
26 use to a residential use or use as a school, daycare center, group home, residential care facility, or
congregate care facility.
27
(2) Establish any new parking lot for motor vehicles.
28
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1 (3) Establish any campground.
2 N) All structures allowed under the provisions of section 9-3-32_5, "Regulations Governing the
500-Year Floodplain," and section 9-3-3, "Regulations Governing the 100-Year Floodplain,"
3 BR. C. 1981, may be established, except that no person shall:
4 (1) Construct or place any new structure intended for human occupancy.
5 (2) Expand, enlarge, or make a substantial modification or substantial improvement to ally
6 existing structure intended for human occupancy. Notwithstanding this provision, a person may
reconstruct a non-flood-damaged structure or portion thereof, which otherwise does constitute a
7 substantial improvement, under the provisions of subparagraphs 9-3-3(a)(16)(C) and (a)(16)(D),
8 B.R.C. 1981.
(e) Unconditioned, menclosed building elements such as balconies, awnings and roof overhangs
9 may extend up to four feet into the high hazard zone if completely located above the flood
10 protection elevation and the remainder of the structure complies with this chapter.
11
Section 6. Section 9-3-6, BRC 1981 is amended to read:
12
9-3-6 Floodplain Development Permits.
13
(a) Ain applicant for a floodplainn development permit shall pay the fee prescribed by section 4-
14 2044, "Floodplain Development Permits and Flood Control Variance Fees," B.R.C. 1981, and
15 shall complete an application form provided by the city manager that shall include, without
limitation, the following:
16 (1) The written consent of the owners of all property subject to the development request;
17 (2) A written statement addressing the criteria for approval;
18
(3) A surface view plan showing elevations and contours of the ground, pertinent structures, fill,
19 and storage elevations, sizes, locations, and spatial arrangements of all proposed, anticipated, and
existing structures on the site; location and elevations of streets, water supplies and sanitary
20 facilities; and soil types, and
21 (4) Specifications for building construction and materials, filling, dredging, grading, channel
22 improvements and changes, storage of materials, water supply, and sanitary facilities.
23 (b) The manager may require the applicant to furnish additional information and details deemed
necessary to evaluate the effects of the proposed construction upon the floodplairn, including,
24 without limitation:
25 (1) Valley cross sections showing the floodplainn smroundinng the watercourse, cross sections of
the area to be occupied by the proposed development, and X500-year or 100-year
26
flood maximum water surface elevation information;
27 (2) A profile showing the slope of the bottom of the channel or thalweg of the watercourse;
28
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1 (3) A floodplain analysis by a Colorado registered professional engineer of the flood profile,
elevation, and velocity, using methodology acceptable to FEMA, including existing and
2 anticipated uses and making a determination that the proposed construction or development will
3 not cause a rise in the elevation of the water surface of a ene htffidi-ed100-year flood:
4 (4) A structural analysis by a Colorado registered professional engineer showing that any
proposed structures will be adequately designed and constructed to prevent flotation, collapse, or
5 lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including
6 the effects of buoyancy and scouring.
7 (c) When reviewing an application for a permit, the city manager shall determine which portion
or portions of the floodplainn are affected by the particular development request and shall then
g apply the provisions of sections 9-342_5, "Regulations Governing the 500-Year Floodplain," 9-
3-3. "Regulations Governing the 100-Year Floodplaun, 9-3-4, "Regulations Governing tile
9 Conveyance Zone," and 9-3-5, "Regulations Governing the High Hazard Zone," B.R.C. 1981, as
applicable. Tine manager also shall determine whether the application meets the intent of this
10 chapter- prescribed by subsection 9-3-2(a), B.R.C. 1981, after considering the following factors:
11 (1) The effects upon the efficiency or capacity of tine conveyance zone and high hazard zone;
12 (2) The effects upon lands upstream, downstream, and in the immediate vicinity;
13 (3) The effects upon the one hundred-year flood profile;
14 (4) The effects upon any tributaries to the main stream, drainage ditches, and any other drainage
15 facilities or systems:
16 (5) Whether additional public expenditures for flood protection or prevention will be required;
17 (6) Whether the proposed use is for human occupancy:
18 (7) The potential danger to persons upstream, downstream, and in the immediate vicinity;
19 (8) Whether any proposed changes in a watercourse will have an adverse envirolunental effect on
20 tine watercourse, including, without limitation, stream banks and strearmside trees and vegetation;
21 (9) Whether any proposed water supply and sanitation systems and other utility systems can
prevent disease, contamination, and unsanitary or hazardous conditions during a flood:
22 (10) Whether any proposed facility and its contents will be susceptible to flood damage and tile
23 effect of such damage;
24 (11) Tlne relationship of the proposed development to the Boulder Valley Comprehensive Plan
and any applicable floodplainn management programs;
25
(12) Whether safe access is available to the property in times of flood for ordinary and
26 emergency vehicles;
27 (13) Whether the applicant will provide flood warning systems to notify floodplain occupants of
28 impending floods;
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1 (14) Whether the cumulative effect of the proposed development with other existing and
2 anticipated uses will increase flood heights; and
3 (15) Whether the expected heights, velocities, duration, rate of rise, and sediment transport of the
floodwaters expected at the site will adversely affect the development or surrourndinng property.
4 (d) If the city manager determines that the applicant meets the purposes and requirements of this
chapter, the manager shall issue the permit and may attach such conditions as deemed necessary
5 to further the purposes of this chapter.
6 (e) A permit issued on or after April 71 1985, expires three years after its date of issuance, if the
7 pennittee has not commenced constriction under the permit. The term "commenced
construction" shall mean the first placement of permanent construction of a structure on a site,
g such as the pouring of slabs 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
9 foundation; but does not include land preparation, grading and filling, or installation of streets or
sidewalks.
10
11 (f) No person who has obtained a permit shall fail to construct in accordance with their approved
application and design.
12 (g) Floodplaui development permits that allow for development in the conveyance zone or the
13 high hazard zone, or which will involve a change of watercourse, shall be decided by the city
manager. The decision of the city manager shall be subject to call-up by the planning board, or
14 appeal by any aggrieved party to the planning board, subject to the call-up and appeal procedure
15 of section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
16 (h) A floodplainn development permit for any of the following items is effective upon the date of
its issuance:
17 (1) Sidewalks, parking lots, or other concrete, asphalt, or stone flatwork that do not modify
18 existing grade;
19 (2) Uninhabited overhead structural projections, no portion of which extends below the flood
20 protection elevation; or
(3) Rehabilitation of an existing structure in accordance with the definitions in chapter 9-16,
21 "Definitions," B.R.C. 1981. In addition, for properties in the high hazard zone, the rehabilitation
22 shall not result in a prohibited charge in use as set forth in subsection 9-3-5(bbe), B.R.C. 1981.
23 (i) No person shall initiate any use after obtaining a permit under this section without first
submitting to the city manager a certification by a Colorado registered professional engineer that
24 the development has been completed in compliance with the approved permit application and
that all conditions have been fulfilled,
25
(i) Applications for non-residential building Ver tits in the 500-year floodplain shall indicate
26 whether or not such facility has hazardous materials in accordance with the definition in chapter
27 9-16, "Definitions," B.R.C. 1981. If hazardous materials. meeting this definition, are present
information on fire location and status of the hazardous materials, including information on if flee
28
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I building is floodproofed and if the hazardous material is secured such that it will not be released
2 at or from the building during 500-year flood, event must be provided.
3 Ordinance Nos. 6034 (1998); 7756 (2010)
4 Section 7. Section 9-3-7, BRC 1981 is amended to read: Formatted: Indent: First line: 0.5"
5 9-3-7 Variances.
6 (a) A person wishing to expand or enlarge an existing structure that does not conform to the
requirements of this chapter and cannot be made to conform without unreasonable expense or
7 unreasonable impact on the existing structure may apply to the city manager for a variance from
the requirements of subparagraphs 9-3-3(a)(16)(C) and (a)(16)(D), B.R.C. 1981, except that no
8 variance shall be granted for expansion or enlargement of any structure constructed after July 12,
9 1978, unless such expansion or enlargement conforms to the flood protection elevation
requirement in effect at the time of the original construction.
10 (b) The city manager shall not grant a variance under this section unless the manager determines
11 that:
12 (1) Considering the flood hazard, the variance is the minimum necessary to afford relief;
13 (2) To do so would not result in additional threats to public safety, extraordinary public expense,
nuisance, fraud, victimization of the public, or for variances in the conveyance zone a rise in the
14 elevation of the water surface of a one lituidied100-year flood, or be in conflict with existing
15 provisions of this code or any ordinance of the city; and
16 (3) Failure to grunt the variance would result in exceptional hardship to the applicant.
17 (c) The manager shall examine the following factors in determining whether or not to grant a
variance under this section:
18
(1) The danger to life and property due to flooding or erosion damage;
19
(2) The likelihood that the proposed development, in conjunction with existing and anticipated
20 development, may increase flood hazards,
21 (3) The relationship of the proposed development to the Boulder Valley Comprehensive Plan and
22 any applicable floodplain management programs, and
23 (4) The cost of providing essential services such as maintaining and protecting public utility
systems, roads, and bridges during and after floods.
24
(d) The city manager shall not grant a cumulative total of variances that increases a structure's
25 floor area by more than ten percent of the structure throughout the life of the structure.
26 (e) Ail applicant for a variance shall apply on forms provided by the city manager- and pay the fee
prescribed by section 4-2044, "Fooodplain Development Permits and Flood Control Variance
27 Fees," B.R.C. 1981, unless a floodplain development permit is required as well, in which case no
28 fee is required for the variance.
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I (f) Any decision by the city manager to approve a variance is subject to call-up by the planning
board or appeal by any aggrieved party to the planning board as described by section 9-4-4,
2 "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
3 (g) When granting any variance that allows for construction below FEMA's one hundred-year
4 flood protection elevation, the city manager shall provide to the recipient of the variance written
notice that the proposed construction does not conform with FEMA guidelines and that the
5 proposed construction and the original structure may be subject to increased flood insurance
6 premiums.
7 Section 8. Section 9-16-1, BRC 1981 regarding flood regulations is amended to read:
9-16-1 General Defmitions
8 (a) The definitions contained in chapter 1-2, "Definitions," B.R.C. 1981, apply to this title unless
9 a tern is defined differently in this chapter.
10 (b) Terns identified with the references shown below after the definition are limited to those
11 specific sections or chapters of this title:
12 (1) Airport influence zone (AIZ).
13 (2) Floodplain regulations (Floodplain).
14 (3) Historic preservation (Historic).
15 (4) Inchusionary housing (Inclusionary Housing).
16 (5) Residential growth management system (RGMS).
17 (6) Solar access (Solar).
18 (7) Wetlands Protection (Wetlands).
19
(8) Signs (Signs).
20
(c) The following terns as used in this title have the following meanings unless the context
21 clearly indicates otherwise:
22
23 "Area of special flood hazard" means the land in the floodplain subject to a one percent or
24 greater chance of flooding in any given year. Such areas may be designated as Zones A, AO,
25 AH, AE and Al-30 on the FIRM for the City of Boulder. (Floodplain)
26 -1 Risk Population Facilities" include- without tintitation, pre-schools, public and private
primary and secondary schools- before and after school care centers with 12 or more students,
27 claware centers with 12 or more children, group homes, and assisted livmg residential or
28 congregate care facilities with 12 or more residents. (Floocl)laill)
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I
2 -Base flood" is the flood having a one percent chance of being equaled or exceeded in any given
3 year. This is the re lug latoly standard also referred to as the "100-year flood." (Floodplain)
4 "Base flood elevation" is the corndnuted elevation to which floodwater is anticipated to rise
during the base flood. (Floodplairr)
5
6
7 "Basement" means any enclosed area of a building having its lowest floor a minimum of two feet
below grade level on all sides. (Floodplain)
8
9
"Change in a watercourse" means any change in am existing thalweg, bed, or bank of a
10 watercourse. (Floodplairn)
11
12
"Conveyance zone" means those portions of the floodplairr required for the passage or
13 conveyance of the one hundred-year flood based on equal encroaclnnent (measured in volume of
14 Water) of the floodpiainn from the edges of the flood channel to a point where the one hundred-
year flood profile will be raised by six inches or more, after considering a reasonable expectation
15 of blockage at bridges and other obstructions by flood borne debris. (Floodplain)
16
17 "Crawl space" means the enclosed area contained inside the foundation walls and below the
18 habitable floor of a structure. Crawl spaces having the lowest floor a minimum of two feet below
grade level on all sides shall be considered a basement, and not a crawl space. (Floodplairn)
19
"Critical Facility- any facility including v,-ithout limitation, a Structure, infrastrtlchue. propert%_
20 equipment or service, that if flooded may result in severe consequences to public health and
21 safety or interrupt essential services and operations for the colunitinit, any time before, durirng
and after a flood. A critical facility is classified by the following categories: (1) Essential
22 Services Facilities, (2) Hazardous Materials Facilities, (3) At-risk Populations Facilities.
23 (Floodplain)
24
25 "Development" means any change to improved or unimproved real estate, including, without
26 limitation, constructing, relocating, rehabilitating, reconstructing or expanding or enlarging (but
not maintaining) a building or other structure or portion thereof, or establishing or changing a
27 use, or reining, dredging, filling, grading, paving, or excavation. (Floodplain)
28
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I -`Essential Services" innchule. without limitation, public safety, emergency response. elnergena
2 Medical, designated emergency shelters, cormmunications, public utility plant facilities and
equipment- and govermnernt operations. (Flood l-aiin)
3 The ub-categories of essential services facilities can be further defined as: Formatted: Font: 12 pt, No underline, Not
• Public safety (police stations, fine and rescue stations. emergency operation centers) Highlight
4
Emergency response (emergency vehicle and equipment storage and essential Formatted: Bullets and Numbering
•
5 governmental work centers for continuity of government operations)
6 • Emergency medical (hospitals, emergency care. urgent care, ambulance services but
excluding clinics, doctors offices, and non-urgent care medical facilities)
7 • Designated emergency shelters
8 • Commmmications (main hubs for telephone, plain broadcasting equipment for
9 television systems, radio and other emergency warning, systems but excluding towers.
poles, lines, cables. and conduits)
10 • public utility? plant facilities and essential equipment for treatment, generation,
11 storage, piuupinng and distribution (hubs for water, wastewater, power and gas but
excluding hydro electric facilities, towers, poles, power lines. buried pipelines,
12 transmission lines, distribution lines. and service lilies)
13 • Essential goyerimient operations (public records. Courts, jails, building permitting and' rFormatted: Normal, Justified, Indent: Left:
0.5", Line spacing: Multiple 1.15 li, Bulleted +
14 inspection services. goyeminew -idnaiwtiation and n><imageincLit. ulamleliliiice and Level: 1 + Aligned at: 15"+Indent at: 1.75
eC 1111.Jlllelit celltel~,
`
1 . . ` Formatted: Bullets and Numbering
15 • Air Transportation lifelines (airports (municipal and larger)- helicopter pads and' Formatted: Font: 12 pt
16 structures serving emergency functions, and associated infrastructure (ayiatloIl Formatted: Font: 12 pt, Not Italic
control towers. all' traffic control centers, and emergency equipment aircraft hangars) Formatted: Indent: Left: 0.5", Bulleted +
1 (EIOOd Jlam Level: 1 + Aligned at: 1.5" + Indent at: 1.75"
Formatted: Font: 12 pt
18 Formatted: Font: 12 pt, No underline, Not
Highlight
19 "Exceptional hardship" means a substantially disproportionate burden in relationship to the
20 benefit to be derived frorn conformance with the requirements of this title. (Floodplaiin)
21
22 "Existing manufactured home park or subdivision" means a manufactured home park for which
the construction of facilities for servicing the lots on which the manufactured homes are to be
23 affixed (including, at a minimum, the installation of utilities, the construction of streets, and
24 either final site grading or the pouring of concrete pads) was completed prior to July 12, 1978.
25 (Floodplain)
26
27 "Expansion or enlargement of a structure" means any addition of an exterior wall to the structure
or array addition to the floor area of the structure, whether under, at, or above grade, and whether
28 or not the external dimensions of the structure are changed, or the reconstruction of a flood-
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I damaged portion of a structure, so long as such expansion, enlargement or reconstruction does
2 not constitute a "substantial modification" or a "substantial improvement." (Floodplain)
3 "Expansion to existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
4 homes are to be affixed (including, without limitation, the installation of utilities, the
5 construction of streets, final site grading, or the pouring of concrete pads). (Floodplain)
6
7 TEMA" means the Federal Emergency Management Agency. (Floodplain)
8
9 "Five hundred-year flood" means a flood having a 0.2 percent chance of occurring in my year.
10 (Floodplainn)
11 "Flood" or "flooding" means a general or temporary condition of partial or complete inundation
of normally dry land areas from a watercourse that temporarily overflows the boundaries within
12 which it is ordinarily confined or from the rapid accumulation of runoff of surface water caused
13 by rain, snow melt, flow blockage, or any other source. (Floodplainn)
14 "Flood charmel" means a natural or artificial watercourse with a definite bed and banks which
periodically or continuously conducts flowing water and is shown on the Flood Charnel
15 hrventory Map prepared by the city's Utility Division of the Public Works Department.
16 (Floodplain)
17 "Flood fringe" means those portions of the floodplain that are not in the conveyance zone or in
18 the high hazard zone. (Floodplain)
19 "Flood Insurance Rate Map (FIRM)" means the official map on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones applicable to the community.
20 (Floodplain)
21 "Flood insurance study (FIS)" means the official report provided by the Federal Emergency
22 Management Agency that included flood profiles, the Flood Boundary-Floodway Map, and the
water surface elevations of the base flood. (Floodplain)
23
"Flood profile" means a graph showing the elevations of the floodwater surface and the
24 elevations of the nmderlying land as a function of distance along a path of flow. (Floodplain)
25 "Flood protection elevation" means an elevation of: 1) two feet above the elevation of the water
26 surface of a one humdred-year flood as determined pursuant to sections 9-3-2 through 9-3-8,
B.R.C. 1981, or, if no such elevation is determined, two feet above the highest grade adjacent to
27 a structure, or 2) two feet above the base flood elevation in AE zones or two feet above the flood
28
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I depth number indicated for AO zones on the FIRM for the City of Boulder, whichever is higher.
2 (Floodplain)
3 "Floodplaill" means the area that is inundated by a flood. (Floodplain)
4 "Floodplain development permit" means any pennit granted under the tenns and conditions of
sections 9-3-2 through 9-3-8, B.R.C. 1981, for development on land ill a floodplai .
5
6 (Floodplain)"Floodplain, five hundred-year" means the area inutidated by a flood having a 0.2
percent or greater chance of occurring in any given year. (Floodplaill)
7 "Floodplain, one htmdred-year" means the area inundated by a flood having a one percent or
8 greater chance of occurring in any given year. (Floodplain)
9 "Floodproofmg" means any combination of structural and nonstructural changes, modifications,
10 or adjustments to structures or real property which reduce or eliminate flood damage to unproved
or 1ulililproved real property, water and sanitary facilities, structures and their contents.
11 (Floodplain)
12 "Floodway, FEMA regulatory" means the chaimels of watercourses and the adjacent land areas
13 that must be reserved in order to discharge the base flood without culnulatively increasing the
water surface elevation more than one foot. (Floodplain)
14
15
Pazardous Materials" are any materials used, generated, or stored at a facility of a type and in a , Formatted: Font: 12 pt
16 quantity that would classify the facility as a Hazardous Materials Facility. (Floodplailu)
Formatted: Font: 12 pt
17 "Hazardous Materials Btlilding is any Structure on a Hazardous Materials Facility in which
18 Hazardous Materials are used, generated or stored. (Floodplaul)_ Formatted: Font: 12 pt
19
_ .
20
21
22
"Hazardous Material Facilities" uiclude the followule:
23 a) Facilities subject to Section 303 of the Emergency- Planning and Community Right-to-
24 Kllow Act, 42 USC 511003. because they have on site an "Extremely Hazardous Substance" in
excess of the " Threshold Plalnnulg Quantities" established by the United State
25 Environmental Protection Agency and listed at 40 CFR Part 355, Appendix A and
Appendix B.
26 b) Unless covered by subpart (a) above. facilities storing Hazardous Material as defined by
Department of Transportation regulations at 49 CFR Parts 171-180 but only to the extent
27 that the facility is storing the Hazardous Material in the `Bulk Packaging" container in
28 which it was delivered as that tern is defined at 49 CFR 171.8.
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I c) Facilities storing a Hazardous Substance of the type and quantities listed by X29-22-107,
C.R.S.
2 d) Facilities regulated as transfer stations hinder Colorado hazardous waste regulations at 6
3 CCR 1007-3. Part 263. (Floodplain)
4 "High hazard zone" means those portions of the floodplain where an unacceptably high hazard to
5 human safety exists defined as those areas where the product number of flow velocity (measured
in ft./sec.) times flow depth (measured in feet) equals or exceeds four, or where flow depths
6 equal or exceed four feet. (Floodplaiir)
7
8
"Intended for human occupancy" means, as applied to structures, capable of and likely to be used
9 for residential habitation, or for commercial, industrial or governmental occupation by persons
10 on a regular basis. Examples of structures normally not intended for human Occupancy include,
without limitation, garages useable solely for the parking of vehicles or storage, open air
11 carwashes, unheated pavilions, porches or patio covers, crawl spaces, flood resistant enclosures
useable solely for building access, bams and other agricultural buildings, garden storage sheds,
12 ATMs, and mausoleums. (Floodplairr)
13
14
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement or crawl
15 space). All unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
16 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 stricture in violation of tine
17 applicable design requirements of sections 9-3-2 through 9-3-8, B.R.C. 1981. (Floodplain)
18
19 "Maintenance" means any activity undertaken to repair or prevent the deterioration, impairment
20 or failure of any stream, previously constructed improvement or structure including, without
limitation: the removal of sediment and debris, installation of erosion and sediment control
21 devices and the replacement of structural components. Maintenance does not include substantial
22 modifications, substantial improvements, total replacement of existing facilities or total
23 reconstruction of a facility. (Floodplain)
24
25 "Manufactured home" means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent folurdation when
26 connected to the required utilities. The tern "manufactured home" does not include a
27 "recreational vehicle." (Floodplain)
28
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I "Manufactured home park or manufactured home subdivision" means any lot or tract of land
2 designed, used, or intended to provide a location or accommodation for one or more
manufactured homes and upon which any manufactured home or homes are parked or located,
3 whether or not the lot or tract or any part thereof is held or operated for profit, on which
4 construction was completed on or after July 12, 1978. (Floodplain)
5
6 "Mobile population facility" means hotels, motels, dormitories. bed and breakfasts and, hostels
as defined in the Boulder Revised code and assembly group use, as defined in the city's adopted
7 version of the International Building Code. (Floodplain)
8
9 "Moveable object" means an item or material not anchored to the ground that is subject to being
10 transported by water, including, without limitation, a manufactured home not anchored to a
permanent foundation, a tank, a trash dunlpster, lumber, and other materials, but not a motor
11 vehicle. (Floodplain)
12
13
"New construction" means structures for which the "start of construction" conunenced on or after
14 July 12, 1978, and includes any subsequent improvements to such structures. (Floodplain)
15 "New manufactured home park or subdivision" means a manufactured home park or subdivision
16 for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
17 final site grading, or pouring of concrete pads) is completed on or after July 12, 1978.
18 (Floodplain)
19 "Nonresidential structure" means any structure or any portion of a structure used exclusively for,
or designed as and capable of being used for, office, commercial, industrial, or governmental
20 occupation. (Floodplainn)
21
22
"Obstruction" means any item or material not constituting a moveable object in, along, across, or
23 projecting into the floodplainn that aright impede, retard, or change the direction of a flow of
24 water, either by itself or by catching or collecting debris carried by such water, in a way that the
city manager determines would increase the flood hazard to adjacent properties. (Floodplain)
25
26
"One hundred-year flood" means a flood having a one percent chance of occurring in any year.
27 (Floodplain)
28
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I "Reconstruction" means exact replacement of an existing structure or portion thereof or exact
2 structural repair of a damaged structure. (Floodplain)
3 "Recreational vehicle" means a vehicle which is: 1) built on a single chassis; 2) four hundred
square feet or less when measured at the largest horizontal projections.- 3) designed to be self-
4 propelled or permanently towable by a light duty truck; and 4) designed primarily not for use as
5 a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use. (Floodplain)
6
7
"Rehabilitation" means any improvement, maintenance, or remodeling made to the interior or
8 exterior of any existing structure or the reconstruction of a deteriorated or non-flood-damaged
9 portion of an existing structure so long as such improvement or reconstruction does not
constitute an "expansion or enlargement of a structure," "substantial modification," or a
10 "substantial improvement." (Floodplainn)
11
12
"Residential structure" means any structure or any portion of a structure that is used for, or
13 designed as and capable of being used for, the temporary or permanent domicile of persons,
14 including, without limitation, a dwelling, a boarding house, a hotel, a motel, and similarly used
structures. (Floodplain)
15
16
"Start of construction" means the date the building permit was issued, provided the actual start of
17 construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
18 was within one hundred eighty days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such as the pouring of slab or
19 footinngs, the installation of piles, the constriction of colunns, or any work beyond the stage of
20 excavation; or the placement of a manufactured home on a foundation. (Floodplain)
21
22 "Structure" means a building or other roofed constriction, a basement, a wall, a fence, a
23 manufactured home, or a storage tank. (Floodplain)
24
25 "Substantial damage" means 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 of the
26 market value of the structure before the damage occurred. (Floodplain)
27 "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or
28 improvement of a structure, the cost of which equals or exceeds fifty percent of the market value
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I of the structure before the "start of construction" of the improvement. This term includes
2 structures which have incurred "substantial damage," regardless of the actual repair work
performed. For the purposes of this definition, "substantial improvement" is considered to occur
3 when the first alteration of any wall, ceiling, floor, or other structural part of the building
4 commences, whether or not that alteration affects the external dimensions of the structure. The
term does not, however, include either: 1) any project for improvement of a structure to comply
5 with existing state or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions or 2) any alteration of a structure listed on the National
6 Register of Historic Places or the Colorado Inventory of Historic Places or designated as an
7 individual landmark under section 9-11-2, "City Council May Designate Or Amend Landmarks
8 And Historic Districts," B.R.C. 1981. (Floodplain)
9
10 .'Substantial modification" means any expansion or enlargement of a structure which equals or
exceeds fifty percent of the floor area of the structure intended for human occupancy, considered
11 cumulatively, commencing July 12, 1978. (Floodplain)
12
13 Section 9. This ordinance is necessary to protect the public health, safety and welfare of
14 the residents of the city, and covers matters of local concern.
15 Section 10. The City Council deems it appropriate that this ordinance be published by
16
title only and orders that copies of this ordinance be made available in the office of the City
17
18 Clerk for public inspection and acquisition.
19
20
21
22
23
24 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
25 TITLE ONLY this day of 2011.
26
27 Mayor
28 Attest:
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1
2 City Clerk on behalf of the
3 Director of Finance and Record
4 READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
5 PUBLISHED BY TITLE ONLY this day of 2011.
6
7
8 Mayor
9 Attest:
10
11 City Clerk on behalf of the
12 Director of Finance and Record
13 File: FCAD 1190
14
15
16
17
18
19
20
21
22
23
24
25
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Floodplain Amendments Ordinance 3-18-2011.doc
CITY OF BOULDER
WATER RESOURCES ADVISORY BOARD
AGENDA ITEM
MEETING DATE: January 20, 2011
AGENDA TITLE: Update on the Proposed Critical Facilities and Mobile
Populations Ordinance
PRESENTERS: Ned Williams, Director of Public Works for Utilities
Bob Harberg, Utilities Planning and Project Management Coordinator
Annie Noble, Greenway Coordinator
Christie Coleman, Engineering Project Manager
EXECUTIVE SUMMARY:
The purpose of this item is to provide the Water Resources Advisory Board (WRAB) an
opportunity to discuss and provide feedback on a proposed critical facilities and mobile
populations ordinance (Attachment A) to revise the floodplain regulations under sections
9-3-2 through 9-3-7 and 9-16-1, B.R.C. 1981. Although recommendations to City
Council on changes to the land use code are under the purview of the Planning Board,
staff is providing WRAB an opportunity to review, discuss and provide feedback given
the relevance of floodplain regulations to the Stormwater and Flood Management Utility.
An update on the critical facilities and mobile populations ordinance was presented at the
July 19, 2010 WRAB meeting in which three alternative management strategies were
presented and feedback on a preferred alternative was requested from board members.
Staff has also participated in the Colorado Water Conservation Board's recent update to
"Rules and Regulations for Regulatory Floodplains in Colorado" which was approved on
November 17, 2010. A final WRAB meeting on the critical facilities and mobile
populations ordinance is tentatively scheduled for March 21, 2011. Following the
WRAB's review, staff will present the proposed ordinance to Planning Board for a
recommendation to City Council.
COUNCIL FILTER IMPACTS:
• Economic: By ensuring the functionality and sustainability of the city's critical
facilities and by providing life safety information to mobile populations the
proposed ordinance will enable the city's business community to survive flooding
and return to pre-flood economic conditions quicker.
• Environmental: The proposed regulation of hazardous material facilities would
reduce environmental contamination often associated with floods.
AGENDA ITEM # PAGE
• Social: The protection of critical facilities would reduce damage caused by
flooding and enhance the speed of recovery. This will increase the city's
economic and social sustainability.
OTHER IMPACTS:
• Fiscal: Costs of compliance are currently being analyzed. Proposed thresholds
will be selected based on the anticipated cost of implementation compared to the
overall value of the building and/or improvement. In the case of new buildings,
the floodproofing cost is estimated to be approximately 10 percent of the overall
building cost. In the case of existing buildings, the floodproofing cost will be
greater as a percentage of the improvement cost, and as drafted would only be
required at the point of a substantial improvement or modification for at-risk and
essential service buildings and at a 25% increase in value or square footage for
hazardous materials buildings. In the case of buildings that accommodate mobile
populations, preliminary estimates indicate that the cost of developing the
emergency management plan is in the range of $2,000 to 5,000, a relatively small
cost considering the life safety threat to mobile populations from a flood event. A
final economic analysis is being completed which will confirm the costs
associated with the proposed regulation. For city internal operations, the cost
associated with the proposed ordinance would be recovered through floodplain
development permit fees.
• Staff time: The staff time to implement the changes to the floodplain regulations
is included in normal work plans.
BOARD AND COMMISSION FEEDBACK:
Staff provided the Water Resources Advisory Board (WRAB) with an update on this item
at the July 19, 2010 WRAB meeting. At this meeting WRAB board members learned
about the proposed critical facilities and mobile populations definitions and proposed
management strategies and were informed of the projects scheduled open house. No
other boards or commissions have commented on the project.
PUBLIC FEEDBACK:
An August 24, 2010 open house was held to inform the public of the proposed critical
facilities and mobile populations ordinance and three proposed management strategies.
Approximately 25 members of the public attended this meeting. Most comments focused
on understanding the proposed management options and providing feedback on which
option provided the best solution for the city. A summary of questions and answers from
the Critical Facilities and Mobile Populations open house is provided as Attachment B.
BACKGROUND:
During a January 2002 study session, City Council endorsed the development of
protection measures for critical facilities located in city floodplains. In 2004, this
guidance was incorporated into the city's Comprehensive Flood and Stormwater Master
Plan (CFS MP). This master plan states that floodplain regulations should periodically be
reviewed and updated to reflect changing community needs and ensure that the flood
management objectives of reducing or eliminating safety risks, property losses and
AGENDA ITEM # PAGE
environmental damage are achieved. The CFS MP calls for the development of 500-year
protection standards for critical facilities in line with Federal guidance to ensure access
to, use of and uninterrupted service for critical facilities.
The development of a critical facilities ordinance was identified as a mitigation goal as
part of the city's Multi-Hazard Mitigation Plan, which was adopted in 2008. This plan
calls for the adoption of an ordinance that regulates new construction and improvements
for critical facilities to the 500-year flood level to protect these facilities from flood losses
and damages that could render them unusable during times of need. Additionally, during
an April 2009 study session, City Council discussed the progress staff was making in
development of a critical facility regulation and reiterated support for protection
measures for critical facilities located in the 500-year floodplain.
At the national level, regulation of critical land uses was first introduced in 1977 through
Executive Order 11988, which requires Federal agencies to avoid the 500-year floodplain
or protect facilities to the 500-year flood water surface level. The National Flood
Insurance Program (NFIP), through its Community Rating System program provides
guidance for local governments on what land uses are critical and should be protected in
the 500-year floodplain. FEMA through its current update to the NFIP is also proposing
strengthening existing federal floodplain management standards including protecting
critical facilities to the 500-year flood. Finally, the Association of State Floodplain
Managers (ASFPM) in it's November 2010 "Critical Facilities and Flood Risk" position
paper recommended that "All states should adopt or update their state executive order on
floodplain management dealing with critical facilities, if current State statues or
directives do not require critical facilities to be either out of or floodproofed and operable
to at least the 500-year flood level." The ASFPM went on to state that "It must become
politically "safe" and acceptable to support the implementation of 500-year (or higher)
minimum standards for critical facilities, because that supports community resilience;
rather than oppose implementation of such standards based on local short-term economic
gain at the long-term expense of federal and state taxpayers." through post flood recovery
assistance.
ANALYSIS:
The following items summarize the proposed changes to the floodplain regulations:
1. The current regulations do not define or acknowledge the unique aspects of
critical facilities with respect to flood hazards. The proposed ordinance provides
a definition of critical facilities that pose unique challenges during flooding or as
part of flood recovery efforts. Because of these challenges, the ordinance
proposes to require protection of these buildings not only within the 100-year
floodplain (current regulations) but also within the 500-year floodplain. Protection
would be achieved by requiring elevating or floodproofing of these facilities to a
foot above the 500-year water surface elevation. Existing 100-year regulations
AGENDA ITEM # PAGE
would remain in place with the exception that a definition for hazardous materials
would be provided.
2. The current regulations do not define or acknowledge the unique aspects of
buildings that accommodate mobile populations with respect to flood hazards.
The proposed ordinance provides a definition of buildings that serve mobile
populations. These populations are most likely to be unfamiliar with Boulder's
flood danger or characteristics during times of flooding. The proposed ordinance
promotes education of mobile populations through the development of emergency
management plans that would identify and inform the mobile populations of the
most appropriate flood response, either shelter in place or evacuation. The most
appropriate method of protection would be defined and evacuation routes or
sheltering locations posted in the building, similar to requirements for fire
response.
3. The State of Colorado Department of Natural Resources Colorado Conservation
Board (CWCB) updated their "Rules and Regulations for Regulatory Floodplains
in Colorado" on November 17, 2010. Most of the new provisions of this
regulation promote, at a state wide level, floodplain regulations that are already in
place in the City of Boulder. Examples of new CWCB regulations already
adopted by the City of Boulder include a new requirement for a 1/2 foot
floodway/conveyance zone and minimum freeboard protection of 1 foot above the
I% chance flood elevation (the city's flood protection elevation required
protection of 2 feet above the 1% chance flood elevation). However, the new
CWCB regulations will also restrict the development of basements below existing
freeboard requirements in areas removed from the floodplain based on FEMA
Letters of Map Revision Based on Fill (LOMR-F). The new CWCB ordinance
closes an existing loop hole where land that was subject to flooding (surface and
groundwater) could be removed from the floodplain and then developed without
flood protection measures. In order to meet the requirements of the CWCB, the
city's floodplain ordinance will need to be updated to meet the new minimum
requirements by restricting basements below the flood protection elevation in
areas removed from the floodplain based on LOMR-Fs.
As a result of the importance of providing protection for and insuring continued
performance of critical facilities in times of flooding, the city has developed a critical
facilities ordinance. The content of this ordinance is based on direction from the National
Flood Insurance Program's (NFIP) Community Rating System (CRS). The NFIP provides
federally backed flood insurance and, through participation in the program, mandates a
minimal level of floodplain regulations. The NFIP's CRS provides guidance on additional
local floodplain regulations designed to reduce flood damage to existing buildings and
protect new buildings beyond the minimum NFIP protection level. The CRS coordinators
manual calls for the protection of critical facilities to a 500-year level to reduce damage
to those facilities which in turn would improve a local government's ability to respond to
the needs of citizens during a disaster. The CRS coordinators manual outlines
management strategies for protecting critical facilities. Based on the CRS's guidance,
AGENDA ITEM # PAGE
three management strategies were presented to the public during the project open house
and meetings with WRAB, the Local Emergency Planning Committee and Boulder
Chamber of Commerce. At these meetings input was solicited on the option that
provides the best management strategy for the city. The following management strategy
has been developed based on the input received:
The proposed critical facilities ordinance would expand the regulation of facilities
associated with 1) providing essential services, 2) serving at-risk populations and 3)
storing hazardous materials to areas encompassed by the 500-year floodplain. Currently,
these facilities are regulated within the area encompassed by the 100-year floodplain
consistent with other types of buildings. Existing critical facilities would be
grandfathered such that no modification would be required until a significant building
change was implemented as described below.
In the 500-year floodplain 1) new critical facilities or; 2) substantial modifications and
improvements (equaling or exceeding 50 percent of the market value or floor area of a
building respectively) to facilities serving at-risk populations and providing essential
services or; 3) modifications and improvements equaling or exceeding twenty-five
percent of the market value or floor area of a building storing hazardous materials shall
construct the entire building with the lowest floor placed at or above the 500-year flood
elevation plus one foot of freeboard or floodproof, including any basement, to this
elevation. Any new additions to critical facilities not meeting the above requirements
would be constructed with the lowest floor placed at or above the 500-year water surface
elevation (WSEL) plus one-foot of freeboard, or be floodproofed to this elevation. In
cases where the 500-year WSEL plus one-foot is greater than the flood protection
elevation (100-year WSEL plus 2 feet) the flood protection elevation would be used. In
the 100-year floodplain, the city's flood protection elevation would apply and the current
definition and regulation of hazardous materials in the 100-year floodplain would be
updated to match the hazardous materials definition.
Substantial improvement and substantial modification are defined as equaling or
exceeding 50 percent of the market value or floor area of a building respectively.
Substantial improvements or modifications represent the federally mandated minimum
threshold for compliance with existing floodplain regulations. In order to achieve more
timely compliance with the proposed regulations, more aggressive threshold percentages
may be considered. As the threshold percentage decreases the percentage floodproofing
cost to total improvement cost increases. In the case of new facilities, floodproofing costs
are estimated to be approximately 10 percent of the overall building cost for flood depths
less then 3 feet with no basement floodproofing. The estimate is based on an approximate
overall cost per square foot of $135 and a floodproofing cost per square foot of
approximately $141. A similar percentage cost for flooding less then 3 feet in depth with
no basements may be applied to existing buildings to create a series of potential
compliance thresholds as listed below.
' LSU Ag Center Preventing Flood Damage. January 7 2011.
<http : //www.Isuagc enter. com/en/family_home/home/design_construction/Design/Remodeling+Renovation
/Preventing+F lood+Damage/Dry+Floodproofmg. htm>
AGENDA ITEM # PAGE
Potential Compliance Percentage Floodproofing Cost
Threshold Percentage to Total Improvement
Cost
10 52
20 35
25 31
30 27
40 22
50 18
Staff considers the 50 percent threshold to be appropriate for critical facilities providing
essential services and serving at-risk populations. However, for facilities storing
hazardous materials, staff believes it is appropriate to consider a more aggressive trigger.
This is based on the perceived risk associated with the release of hazard materials during
a flood and the options available to property owners under the proposed ordinance.
Specifically, the ordinance states that the facilities storing hazardous material would be
excluded if the property owner obtains the written and signed opinion of a Colorado
licensed professional engineer, based on a site evaluation of the facility location,
indicating flood threat, Hazardous Material storage conditions and that the Hazardous
Material will not be released at or from the facility during a 500-year flood event." Based
on this clause, owners of hazardous material facilities should not need to floodproof the
entire facility but only assure the hazardous material is secured and stored in such a
manner that it will not be released during a 500-year flood event. This would likely
require that the container of hazardous material be elevated within the existing building
or secured such that it does not become bouyant during a flood event. The cost of such
measures would be much less than floodproofing the entire existing building. Therefore,
staff is recommending that the ordinance implementation threshold be reduced to 25
percent for facilities storing hazardous materials.
In the process of defining critical facilities, a risk to mobile or transient populations in the
100 and 500-year floodplain has also been identified. While not determined to be critical
land uses covered by the critical facilities ordinance, such populations may not be aware
of flood hazards in the city and may not know the appropriate protection strategy of
sheltering in place or evacuation. As a result, any hotels, motels, dormitories, bed and
breakfasts, hostels and assembly group use, as defined in the city's adopted version of the
International Building Code shall develop an emergency management plan upon new use
or any modification requiring a building permit. This threshold is recommended for
consideration based on preliminary estimates of the cost of developing the emergency
management plan. The cost estimates range from $2,000 to 5,000, depending on the size
and complexity of the facility, a relatively small cost considering the life safety threat to
mobile populations from a flood event.
The emergency management plan would be located on the inside of each doorway
leading to a separate unit in a hotel, motel, dormitory, bed and breakfast or hostel and
AGENDA ITEM # PAGE
displayed in a prominent location within any assembly group use space. This requirement
would ensure that necessary flood education and protection information is available to
mobile populations during times of flooding.
Next Steps:
It is requested that the WRAB review, discuss and provide feedback on the proposed
ordinance provisions and provide staff with comments. Staff will return to the WRAB
and request a formal recommendation to City Council at a subsequent meeting.
Following the WRAB's consideration, staff will present the proposed ordinance to
Planning Board for a recommendation to City Council. The ordinance would be
considered by City Council according to the City's Charter requirements.
ATTACHMENTS:
A: Proposed Ordinance
B: Open House Meeting Minutes
C: Spreadsheet List of Critical Facilities
D: Spreadsheet List of Facilities Accomodating Mobile Populations
E: Critical Facilities and Flood Risk - Association of State Floodplain Managers
(ASFPM)
F: Revised State Flood Regulations
G: Summary of WRAB Feedback with Staff Response and Additional Research
AGENDA ITEM # PAGE
1 ORDINANCE NO.
2 AN ORDINANCE AMENDING CHAPTERS 9-1 AND 9-3. AND
3 SECTION 9-16-1, B.R.C. 1981, TO PROTECT CRITICAL
FACILITIES AND MOBILE POPULATOINS IN THE 500
4 YEAR FLOODPLAIN
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
7 COLORADO:
8
Section 1. Section 9-3-2, BRC 1981 is amended to read:
9
9-3-2 Floodplains.
10
(a) Legislative Intent: The purpose of this section is to regulate certain areas of the city subject to
11 flooding in order to protect the public health, safety, and welfare by:
12 (1) Restricting or prohibiting certain uses that are hazardous to life or property in time of flood;
13 (2) Restricting the location of structures intended for human occupancy and regulating the
14 manner in which such structures may be built in order to minimize danger to human life within
and around such structures;
15 (3) Requiring that those structures allowed in the floodplairn be expanded or enlarged, and
16 equipment and fixtures be installed or replaced, in a manner designed to prevent their being
washed away and to assure their protection from severe damage;
17
(4) Regulating the method of construction and replacement of water supply and sanitation
18 systems in order to prevent disease, contarnunation, and unsanitary conditions:
19 (5) Maintaining for public inspection available maps delineating areas subject to such provisions
20 in order to protect individuals from purchasing or using lands for purposes that are not suitable;
21 (6) Protecting and preserving the water-carrying and water-retention characteristics and
capacities of watercourses used for conveying and retaining floodwaters; and
22
(7) Obtaining and rnaintairung the benefits to the community of participating in the National
23 Flood Insurance Program.
24 (b) Flooding May Occur: The degree of flood protection provided by the temps of this section has
been determined to be reasonable for regulatory purposes. Floods of greater magnitude will
25 occur, and flood heights may be increased as a result of natural or huunan-made causes. The
26 provisions of this section do not nnply that areas outside of the floodplain or land uses permitted
within the floodplain are free from flooding, flood hazard, or flood damages. A grant or approval
27 by the city under the requirements of this section does not constitute a representation, guarantee, Formatted: Right J
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1 or warranty of any kind or nature by the city or any city official or employee of the practicability
or safety of any structure or proposed use, and it creates no liability to or cause of action against
2 the city or any city official or employee for any damages from flood or otherwise that may result
3 from such structure or use.
4 (c) Scope and Application:
5 (1) The requirements of this section supplement those imposed on the same lands by any
underlying zoning provisions of this code or other- ordinance of the city. If there is a conflict
6 between such requirements, the more restrictive controls.
7 (2) If a lot or parcel of land lies partly wither the high hazard zone, of the conveyance zone-e+
the flood F i^^e a100-Year or -500-Year floodplains, the part(s) of such lot or parcel lying
8 within such area or areas shall meet all the standards and requirements of such respective area as
9 prescribed by this section. For the purposes of new construction, if any portion of a structure lies
partly within the high hazard zone, of the conveyance zone, et the fl^^a fiinge ai:e 100-Year or
10 500-Year floodplains, all the standards and requirements of this section shall apply to the entire
11 structure.
(3) If lands located outside the city hil its are included within the fleed lai the fleed fi"•"'^
12 500-Year or 100-Year flood lp aids, the conveyance zone or the high hazard zone, the
13 requirements of this section shall apply to such lands upon annexation.
14 (d) Administration: The city manager shall administer the requirements of this section and shall:
15 (1) Determine that the requirements of this section have been met before issuing any permit for
16 development in the floodplain;
(2) Obtain and maintain for public inspection any certificates of floodproofrng required by this
17 section, and any information on the elevation (in relation to mean sea level) of the level of the
18 lowest floor (including basement) of all new or substantially improved structues, and
information specifying whether or not such structures contain a basement, and if the structure has
19 been floodproofed, the elevation (in relation to mean sea level) to which the structure was
20 floodproofed;
(3) Notify Boulder County and the Colorado Water Conservation Board before perrnnitting any
21 change in a watercourse and subrmit evidence of such notice to FEMA;
22 (4) Adopt riles interpreting and implementing the requirements of this section including, without
23 limitation, application procedures for floodplain development permits and specifications for the
floodproofmg of strlrctu res, substantial improvements, and utilities;
24
(5) Assure that the Boulder Valley Comprehensive Plan is consistent with the floodplain
25 management objectives of this section and the regulations of FEMA;
26 (6) Make necessary interpretations of the exact location of the bouundarles of thefieedplffi~r 500-
27 Year and 100-Year floodplains, tl o4414Hge-the conveyance zone and the high hazard zone;
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1 (7) Amend the boundaries of the high hazard zone and the conveyance zone pursuant to
2 subsection (f) of this section;
3 (8) Deterurirne that all necessary peniuts have been obtained from state, federal, or local agencies
the approval of which is required before issuing any pernit for development in the floodplain;
4 (9) Regttire that persons changing a watercourse nnailntaun the watercourse so that its flood
5 carrying capacity is not diminished;
6 (10) Require that new and replacement water supply systems ill the floodplain be designed to
minimize or eliminate infiltration of floodwaters into the systems,
7
(11) Require that new and replacement sanitary sewage systems within the floodplain be
8 designed to rrurnimize or eliminate infiltration of floodwaters into the systems and discharges
9 from the systems into floodwaters,
10 (12) Require that on-site waste disposal systems be located to avoid impairment to them or
contamination from them during flooding, and
11
(13) Obtain, review, and reasonably utilize any base flood elevation and floodway data available
12 from federal, state, and other sources, including data developed pursuant to chapter 9-12,
"Subdivision," B.R.C. 1981, as criteria for requiring that all new development meet the
13 requirements of this section.
14 (e) Appeals: Any person contesting the city manager's interpretation of a boundary location
15 under paragraph (d)(6) of this section, or any person aggrieved by the granturg or denial of a
floodplain development permit, may appeal such deterlxunation to the planunig board through the
16 process described in section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981. The
request shall set forth the reason and basis for the appeal and such other information as the
17 manager may prescribe by rule.
18 (f) Map Amendments: As watercourse or flood channel improvements or mapping corrections
19 are made, the city manager may annend the flood regulatory area maps to recognize the changed
conditions produced by such improvements or corrections provided that no such amendments or
20 corrections may change a FEMA "area of special flood hazard" or "regulatory floodway" unless
21 the city is in receipt of a letter of map amendment or a letter of map revision issued by FEMA.
22 (g) Flood Regulatory Areas:
(1) The sioiis of *hi~ fiot Sections 9-3-1 through 9-3-8 apply to the area shown as
23 floodplain on the most recent reaps adopted by the city council, as amended from time to time by
24 the city manager pursuant to subsections (d), (e), and (f) of this section. The regulatory
floodplain encompasses overlapping areas, generally ranging from the largest area with the
25 lowest general degree of flood risk to the smallest area with the highest degree of flood risk in
the following order: the 500 year floodplain, the one hundred-year floodplain, the flood 4411ee Formatted: Font: 12 pt
26 the conveyance zone, and the high hazard zone. Except where this code expressly states Formatted: Font: 12 pt, Not Strikethrough,
27 otherwise, The-the following regulations governing eachl-~30F Not Highlight
tkBln- respective area 6 12
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r'r nnr`Pr AP; rReiliti rt,.,,a..t..:., n..,.,.,a.,-ts n..a:^^„^' a,... .
I floodplain are cumulative, from the lowest degree of flood risk through the highest, and not
exclusive. For example, regulations governing the 500 year floodplain also apply to the 100 year
2 floodplain, the conveyance zone, and the high hazard zone. but regulations governing the high
3 hazard zone do not apply to the 500 year floodplain, 100 vear floodplain or conveyance zone.
4 (2) In addition to the regulatory areas identified in paragraph (g)(1) of this section, the City has
adopted the areas of special flood hazard identified in the Flood Insurance Study for Boulder
5 County, effective October 4, 2002, and delineated on the Flood Insurance Rate Map for Boulder
6 County and the City of Boulder as adopted by the City in compliance with 44 C.F.R. chapter 1.
In no event will the regulations contained in this section be interpreted to permit any action not
7 perllitted under those regulations promulgated by FEMA for the regulation of areas of special
flood hazard and regulatory floodways.
8
Section 2. Chapter 9-3, BRC 1981 is amended to add the following new section 9-3-2.5:
9 Formatted: Font: 12 pt, No underline, Not
9-3-2.5 Regulations Governing the 500-Year Floodplair
10 Highlight
(a) Any person constrnctnlg a new critical facility buiild111,ait2 _ or making substantial Formatted: Font: 12 pt, No underline
11 modifications or substantial iillproyenlents to exist"'~ efitie^lexisting at-risk population and Formatted: Font: 12 pt, No underline, Not
essential service _aeilitbuilding or expansion or renovation exceeding twenty- five percent of the Highlight
12 Formatted: Font: 12 pt, No underline, Not
Square footage or value of a hazardous nnaterials buildiil&le4 shall construct the entire Highlight
13 4w4k-tybuildin& with the lowest floor placed at or above the 500-year flood elevation plus one Formatted: Font: 12 pt, No underline, Not
foot of freeboard or floodproof including any basement. to this elevation. Ill cases where the Highlight
14 500-year water surface elevation -plus one foot of freeboard is greater than the flood protection Formatted: Font: 12 pt, No underline, Not
15 elevation the flood protection elevation may be used. Highlight
Formatted: Font: 12 pt, No underline, Not
16 (1) Anfperson making ail expansion or an enlargement to ail existlrlg critical facility Highlight
building ; that does not ineet the requirements of substantial lilodificationS or substantial Formatted: Font: 12 pt, No underline, Not
17 irnprovenlents for at-risk population and essential service buildings or expansion or Highlight
renovation exceeding twenty-five percent of the square footage or value of hazardous
18 materials buildings shall floodproof or elevate the lowest floor, including arty basements, Formatted: Font: 12 pt, No underline, Not
of the expansion or enlargement to or above the 500-year flood elevation plus one foot of Highlight
19 freeboard. In cases where the 500-year water surface elevation plus one foot of freeboard Formatted: Font: 12 pt, No underline, Not
20 is greater than the flood protection elevation the flood protection elevation may be used Highlight
.
21 (2) Existing Uses: The rise of any land or structure that was lawful before the application Formatted: No underline, Not Highlight
of this section or any armendnient thereto but that does not conform to the requirements of
22 this section nnay be continued subject to the requirements of this section. If such a use not
conforirling to the requirements of this section is discontinued for twelve consecutive
23 nlontlls, no person shall use the land or structure thereafter unless such use conforns to
24 the requirements of this section.
(3) Floodproofing: Whenever this section requires a building or structures to be
25 floodpoofed, the following standards shall be met:
26 (A) Such building or structure shall be floodproofed in accordance with any rules
for floodproofing~promulgated by the city manager pursuant to chapter 1-4,
27 Formatted: Right
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Pr n nn~.;.:,,,.~ n .,.,a..,<..«, n..a:.,,...- a,...
-
-4--
I "Rulemaking," B.R.C. 1981, and with current FEMA National Flood Insurance
2 Program (NFIP) Technical Bulletins: Formatted: No underline
kB) Such building or structure shall be floodproofed to the 500-year water surface Formatted: No underline, Not Highlight
3 elevation plus one foot or to the flood protection elevation, where the flood Formatted: No underline, Not Highlight
4 protection elevation is lower, in such a nnanmer that the building or structure is Formatted: No underline, Not Highlight
watertight with walls substantially irnpenneable to the passage of water and in a
5 manner requiring no huunan intervention,
6 (C) Such building or structure shall have structural components capable of
resisting projected hydrostatic and hydrodynamic loads and the effects of
7 buoyancy, arrd
8 (D) Such floodproofing shall be certified by a Colorado registered professional
engineer or registered architect to comply with this paragraph. Such certifications
9 shall be provided to the city manager as set forth in paragraph 9-3-2(d)(2), B.R.C.
1981.
10 (b Any mobile population facility, including hotels, motels, dormitories, bed and breakfasts,
11 hostels and assembly cgroup use, as defined in the city's adopted version of the International
Building Code, shall develop an emergency management plan upon new use or
12 modification requiring a building permit. eras e. The emergency management plan shall
be located on the inside of each doorway leading to a separate unit in a hotel, motel, dormitonj,
13 bed and breakfast or hostel and displaved in a prominent location within anv assembly group use.
14 No facility shall fail to maintain such emergency management plans. Emergency management
plans will at a nnnininnunnn include either all evacuation plan (developed by a registered architect or
15 Colorado registered professional engineer) or a shelter in place plan (developed by a Colorado
16 registered professional structural engineer)
1 (c) No uses re~ilated in the 500-year floodplain may occur prior- to the issuance of a floodplain
development permit pursuant to section 9-3-6, "Floodplain Development Permits," B.R.C. 1981.
18 Section 3. Section 9-3-3, BRC 1981 is amended to read:
19 9-3-3 Regulations Governing the 100-Year Floodplairs. Formatted: Font: 12 pt, No underline, Not
Highlight
20 (a) General Provisions: In the entire 100-Fear floodplain, the following standards apply:
21 O 1 FloodPlain Development Permit: Except as specified in paragraph (a)(1)(A), no development
22 111 the 100-year floodplain may occur prior to the issuance of a floodplain development permit
pursuant to section 9-3-6, "Floodplain Development Permits," B.R.C. 1981.
23
(A) Activities exempt from a floodplain development permit: The following activities are
24 allowed within the flood regulatory area and do not require a floodplain development permit:
25 (i) "Maintenance" as defined in chapter 9-16 "Definitions" that do not constitute a substantial
26 improvement and do not affect the efficiency or capacity of the conveyance zone or high hazard
zone.
27 ~ Formatted: Right
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5
1 (ii) Sidewalks, concrete, asphalt or stone flatwork that does not result in the establishment or
2 expansion of parking area and does not modify existing grade by snore than six inches.
3 (iii) Underground utilities that do not modify existing grade.
4 (iv) Poles, lines, cables, sign posts, landscaping and artwork that do not affect the efficiency or
capacity of the conveyance zone or high hazard zone.
5 (v) Temporary facilities that are not permanently attached to the ground such as tents, traffic
6 control devices and law furniture provided that they will not affect the efficiency or capacity of
the conveyance zone or high hazard zone, or they will remain in place for no more than 30 days
7
(2) Ancchoring:
8
(A) All new construction and substantial improvements or substantial modifications shall be
9 anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of
10 resisting the hydrostatic and hydrodynamic loads.
11 (B) All manufactured hones must be elevated and anchored to resist flotation, collapse, or lateral
movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of
12 anchoring may include, but are not limited to, use of over-the-top or fi•alne ties cormecting to
permanent ground anchors, in addition to any anchoring requirements for resisting wind forces
13 and any tie-down requirements of chapter 10-12, "Mobile Homes," B.R.C. 1981. Requirements
14 shall include, without limitation, the following:
15 (1) Over-the-top ties shall be provided at each of the four corners of the manufactured homes.
For manufactured homes fifty feet or longer, two additional ties per side are required at
16 intermediate locations. For manufactured homes less than fifty feet long, one additional tie per
17 side is required;
(ii) Framne ties shall be provided at each of the four corners of the manufactured homes. For
18 manufactured homes fifty feet or longer, five additional ties per side are required at intermediate
19 points. For manufactured homes less than fifty feet long, four additional ties per side are
required;
20
(iii) All components of the anchoring system shall be capable of carrying a force of four
21 thousand eight hundred pounds: and
22 (iv) Any additions to mnanufactured homes shall be similarly anchored.
23 (3) Construction Materials and Methods:
24 (A) All new construction, substantial improvements, and substantial modifications shall be
25 constructed with materials and utility equipment resistant to flood damage as outlined in FEMA
Technical Docunnent 2-93, Flood-Resistant Materials Requirements.
26 (B) All new construction, substantial improvements, and substantial modifications shall be
27 constructed using rnnethods and practices that rrnirnimnize flood damage. Formatted: Right
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I (C) All new construction, substantial improvements and substantial modifications shall be
constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and
2 other service facilities that are designed and located (by elevating or floodproofmng the
3 components) so as to prevent water fi-olu entering or accumulating within the components drying
flooding conditions.
4
(4) Utilities:
5
(A) All new and replacement water supply systems shall be designed to nuiirirnize or elininate
6 infiltration of floodwaters into the systems.
7 (B) All new and replacement sanitary sewage systems shall be designed to immunize or elliminate
8 infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
9 (C) On-site waste disposal systems shall be located to avoid impairment or contamination during
flooding.
10 (5) Subdivision Proposals:
11
(A) All subdivision proposals shall demonstrate efforts to minimize flood damage.
12
(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
13 electrical, and water systems located and constructed to nnurimnize flood damage.
14 (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
15 damage.
16 (D) Base flood elevation data shall be provided for subdivision proposals and other proposed
development.
17 (E) No subdivision proposal shall create a lot wlich is uinbuildable pursuant to this section.
18 (6) Floodproofing: Whenever this section requires a building or structure to be floodproofed, the
19 following standards shall be met:
20 (A) Such building or structure shall be floodproofed in accordance with any rules for
floodproofing promulgated by the city manager pursuant to chapter 1-4, "Rulerriakinrg," B.R.C.
21 1981, and with current FEMA National Flood Insurance Program (NFIP) Technical Bulletins;
22 (B) Such building or structure shall be floodproofed to the flood protection elevation in such a
23 manner that the building or structure is watertight with walls substantially impermeable to the
passage of water and in a manner requiring no human intervention;
24
(C) Such building or structure shall have structural components capable of resisting projected
25 hydrostatic and hydrodynamic loads and the effects of buoyancy; and
26
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I (D) Such floodproofing shall be certified by a Colorado registered professional engineer or
registered architect to comply with this paragraph. Such certifications shall be provided to the
2 city manager as set forth in paragraph 9-3-2(d)(2), B.R.C. 1981.
3 (7) j4azar-deiis Alawf-ials~ Ne p@r-so;i ;11R11 401-L., A haoZal-doll'; subqtRileta Rt (:)I- helow 41'. flood Formatted: Font: 12 pt, Not Strikethrough,
Not Highlight
4 ffateetion elevation fet: the ai:ea of the floodplain iii which it is leeg*4„Storage of 1asoline Formatted: Font: 12 pt
below the flood protection elevation is prohibited except for the storage of gasoline in existing Formatted: Font: 12 pt, No underline, Not
5 and replacement underground tanks in existing gasoline service stations and service garages, ( Highlight
which tacks are designed to prevent infiltration and discharge into floodwaters and which are Formatted: Font: 12 pt
6 adequately anchored and shielded against rupture. For purposes of this paragraph, "existing"
7 means in place and in use on January 1, 1989.
8 (8) Automobile Parking: Notwithstanding other provisions of thus title, no person shall establish
an area for automobile parking in any portion of the floodplain where flood depths exceed
9 eighteen niches.
10 (9) Flood Warnirng System: No owner of a hotel, a motel, a dormitory, a rooming house, a hostel,
11 a school, a bed and breakfast, a daycare center, a group home, or a residential or congregate care
facility located in the Boulder Creek floodplain shall fail to provide a flood warming system
12 approved by the city manager that is corurected to a point of central cornrrmurication in the
building with twenty-four-hour monitoring. No such person shall fail to maintain such a flood
13 warning system.
14 (10) Rental Property: No owner of property that is located in a floodplairn and subject to a city
rental license under chapter 10-3, "Rental Licenses," B.R.C. 1981, shall fail to post on the
15 exterior of the premises at the entrance a sign approved by the city manager stating that the
16 property is subject to flood hazard and containing such fiuther information and posted at such
other locations inside the building as the city manager may require.
17
(11) Manufactured Housing: All manufactured homes placed in the city after July 1, 1989, and
18 all manufactured homes which are substantially unproved or substantially modified shall be
19 elevated on a permanent foundation so that the lowest floor of the manufactured home is at or
above the flood protection elevation and is securely arnchored to an adequately anchored
20 foundation systemm, and shall meet the anchorage and tie-down requirements of paragraph (a)(2)
of this section.
21
(12) Recreational Vehicles: In order to reduce debris and hazard potential, recreational vehicles
22 shall either: a) be in the floodplain for fewer than one hundred eighty consecutive days, b) be
23 fully licensed and ready for highway use, or c) meet the permit requirements and elevation and
anchoring requirements for manufactured homes.
24 (13) Structure Orientation: In order to minimize the obstruction to flow caused by buildings, to
25 the extent consistent with other city policies regarding solar access, new structures shall be
placed with their longitudinal axes parallel to the predicted direction of flow of floodwaters or be
26 placed so that their longitudinal axes are on lines parallel to those of adjoining structures.
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8
1 (14) Existing Uses: The use of any land or structure that was lawftll before the application of this
section or any amendment thereto but that does not confonn to the requirements of this section
2 may be continued subject to the requirements of this section. If such a use not conforming to the
3 requirements of this section is discontinued for twelve consecutive months, no person shall use
the land or structure thereafter unless such use conforms to the requirements of this section.
4
(15) New Uses: All uses allowed by the underlying zoning district may be established, subject to
5 the requirements of this section, except for the outdoor or uncorntained storage of moveable
6 objects below the flood protection elevation.
7 (16) Existing Structures: Any stricture in existence before the enactment of this section or any
amendment thereto that does not confonn to the requirements of this section may remain or may
g undergo rehabilitation subject to the requirements of this section. Further, any such structure may
be otherwise unproved as follows:
9
(A) Any person making an expansion or an enlargement to an existing residential structure shall
10 elevate the lowest floor, including the basement, of the expanded or ennlarged portion to or above
11 the flood protection elevation.
12 (B) Any person malting an expansion or an enlargement to an existing nonresidential stricture
shall floodproof or elevate the lowest floor, including the basement, of the expanded or enlarged
13 portion to or above the flood protection elevation.
14 (C) Any person making a substantial modification or a substantial improvement to any existing
nonresidential structure shall floodproof or elevate the lowest floor, including the basement, of
15 the substantially modified or improved portion to or above the flood protection elevation and
16 shall floodproof the remainder of the existing structure.
17 (D) Any person making a substantial modification or a substantial improvement to any existing
residential structure shall elevate the lowest floor, including the basement, of the entire
18 residential structure to or above the flood protection elevation.
19 (17) New Structures: Construction of new stiuct res shall meet the following requirements:
20 (A) Any person constructing a new residential structure shall elevate the lowest floor, including
21 the basement, to or above the flood protection elevation;
(B) Any person constructing a new nonresidential structure shall floodproof in a manner
22 requiring no human intervention or elevate the lowest floor, including the basement, to or above
23 the flood protection elevation with the following exceptions:
24 (1) Open air canvashes;
25 (ii) Urrheated pavilions,
26 (iii) Unfinished or flood resistant building entryways or access areas;
27 (iv) Garden storage sheds;
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1 (v) Sidewalks, paving, or asphalt, concrete, or stone flatwork;
2 (vi) Fences; and
3 (vii) Poles, lines, cables, or other transmission or distribution facilities of public utilities.
4 (C) Anly person constructing a new structure on a property- removed front the floodplain by the
5 issuance of a FEMA Letter of Map Revision Based on Fill (LOMB-F) shall elevate the lowest
floor, including the basement, to or above the flood protection elevation that existed prior to the
6 placement of fill. Critical facilities with physical requirements for below grade construction are
exempted from this requirement.
7
(18) Enclosures: Enclosures below the lowest floor that are unfinished or flood resistant, usable
8 solely for parking of vehicles, crawl spaces, building access or storage, in an area that is not a
9 basement, and that are not floodproofed as set forth in this section shall nneet the following
requirements:
10 A Compliance with the provisions of paragraphs (a)(2), (a)(3), and (a)(4) of this section; and
11
(B) Design and construction that automatically equalizes hydrostatic flood forces on exterior
12 walls by allowing for the entry and exit of floodwaters.
13 (1) Designs for meeting tlis requirement shall meet or exceed the following ninnumn criteria: a
uninimtnn of two openings having a total net area of not less than one square inch for every
14 square foot of enclosed area subject to flooding shall be provided. The bottom of all openings
15 shall be no higher than one foot above grade. Openings may be equipped with screens, louvers,
values, or other coverings or devices provided that they pewit the automatic entry and exit of
16 floodwaters.
17 (ii) Any designs not irr conformance with subparagraph (a)(18)(B)(1) of firs section, shall be
certified by a registered professional engineer or architect and shall conforn with FEMA
18 Technical Bulletin 1-93, Openings in Foundation Walls.
19 (C) Fully enclosed areas below the lowest floor subject to this provision, include the following:
20 (1) Residential garages placed at or above grade;
21 (ii) Enclosures or vestibules that are attached to structures and that are utilized for storage or
22 entryways;
23 (iii) Crawl spaces, and
24 (iv) Outdoor pavilions and patio enclosures with removable walls not located in the high hazard
zone.
25
(19) Below Grade Crawl Space Construction: New construction, expansion or enlargement,
26 substantial improvement and substantial modification of any below grade crawl space shall meet
27 the following requirements:
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1 (A) Interior grade elevation that is below the base flood elevation shall be no lower than two feet
2 below the lowest adjacent grade:
3 (B) The height of the below grade crawl space rneasrred froin the interior grade of the crawl
space to the top of the fouundation wall shall not exceed four feet at any point;
4
(C) Adequate drainage systenns shall allow floodwaters to drain from the interior area of the
5 crawl space following a flood; and
6 (D) The provisions of paragraphs (a)(2), (a)(3), (a)(4) and (a)(18) of this section shall be
complied with.
7
Section 4. Section 9-3-4, BRC 1981 is amended to read:
8
9 9-3-4 Regulations Governing the Conveyance Zone.
10 In the conveyance zone, the following standards apply:
11 (a) The provi~,Jons of section 9 3 3 "Re^„1 Governing theT'1^ " B~G1-981..
12 (ab) The provisions of section 9-3-5, "Regulations Governing the High Hazard Zone," B.R.C.
1981, if the land is also located in the high hazard zone.
13 (be) All uses allowed under the provisions of section 9-3- 2 5, "Regulations Governing- the 500-
14 Year Floodplain," and section 9-3-3, " Remllations Governing the 100-Year Floodplain," B.R.C.
1981, if they are not prohibited by the underlying zoning district or ally ordinance of this city,
15 may be established except that no person shall establish or change any use that results in arty rise
16 in the elevation of the one hundred-year flood.
17 (dc) All structures allowed under section 9-3-42_5, "Regulations Governing the 500-Year
Floodplain," and section 9-3-3. "Regulations Governing the 100-Year Floodplain_" B.R.C. 1981,
18 may be established except that no person shall:
19 (1) Place any structure in the conveyance zone that will result in any rise in the elevation of the
one 1nmd4ed100-year flood; or
20
(2) Place any obstruction un the conveyance zone, except a device reasonably necessary for flood
21 management if the device is designed and constructed to minimize the potential hazards to life
22 and property.
(d) No person shall carry out any other development that festtlt- those results in any rise in the
23
elevation of the ^ i4e I00-year flood.
24 (ef) Localized rises within flood channels or on a specific parcel that is being developed are
25 permissible, if there is no adverse impact on nearby properties and there is no increase in the
average water surface elevations along the cross sections of the Foodplairn.
26
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I Section 5. Section 9-3-5, BRC 1981 is amended to read:
2 9-3-5 Regulations Governing the High Hazard Zone.
3 In the high hazard zone of the floodplauu, the following standards apply: p
4 (,a) The provisions -of seetion 9-3 3. "1~ ge•olatiatiotir s Gveniing die loud •1•,;,, " & .C. 1981.
5 (b) e Irre isietrs e f seefiiett 9-3-,"Re tlatietts Ge~e~vey~ree~e" B.R.G.
1041 if tlie t..,,a .alp.,, 1,.,.ated in ♦he
6
7 (ea) All uses allowed under the provisions of section 9-3-42.5, "Regulations Governing the 500-
1ear Floodplain," and section 9-3-3. "Regulations Governing the 100-Year Floodplain." B.R.C.
8 1981, if they are not prohibited by the underlying zoning district or any other ordinance of the
9 city, may be established, except that no person shall:
(1) Change the use of an existing structure intended for Irunan occupancy from a nonresidential
10 use to a residential use or use as a school, daycare center, group home, residential care facility, or
11 congregate care facility.
12 (2) Establish any new parking lot for motor vehicles.
13 (3) Establish any campground.
14 (bd) All structures allowed sunder the provisions of section 9-3-32 5, "Regulations Governing the
500-Year Floodplain," and section 9-3-3, "Regulations Governing the 100-Year Floodplain."
15 B.R.C. 1981, may be established, except that no person shall:
16 (1) Constrict or place any new structure untended for huunan occupancy.
17 (2) Expand, enlarge, or make a substantial modification or substantial improvement to any
18 existing structure intended for human occupancy. Notwithstanding this provision, a person may
reconstruct a non-flood-damaged structure or portion thereof, which otherwise does constitute a
19 substantial improvement, under the provisions of subparagraphs 9-3-3(a)(16)(C) and (a)(16)(D),
B.R.C. 1981.
20 (e) Unconditioned, nunenclosed building elennents such as balconies, awnings and roof overhangs
21 may extend up to four feet into the high hazard zone if completely located above the flood
protection elevation and the remainder of the structure complies with this chapter.
22
23 Section 6. Section 9-3-6, BRC 1981 is amended to read:
24 9-3-6 Floodplain Development Permits.
25 (a) An applicant for a floodPlain development permit shall pay the fee prescribed by section 4-
26 20-44, "Floodplain Development Pernits and Flood Control Variance Fees," B.R.C. 1981, and
shall complete an application forn provided by the city manager that shall include, without
27 limitation, the following: Formatted: Right
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1 (1) The written consent of the owners of all property subject to the development request;
2 (2) A written statement addressing the criteria for approval:
3 (3) A surface view plan showing elevations and contours of the grournd; pertinent structures, fill,
4 and storage elevations; sizes, locations, and spatial arrangements of all proposed, anticipated, and
existing structures on the site; location and elevations of streets, water supplies and sanitary
5 facilities; and soil types; and
6 (4) Specifications for building construction and materials, filling, dredging, grading, channel
improvements and changes, storage of materials, water supply, and sanitary facilities.
7
(b) The manager may require the applicant to firrrish additional information and details deemed
8 necessary to evaluate the effects of the proposed construction upon the floodplain, urcluding,
9 without limitation:
10 (1) Valley cross sections showing the floodplain surrounding the watercourse, cross sections of
the area to be occupied by the proposed development, and on 500-year or 100-year
11 flood maximum water surface elevation information;
12 (2) A profile showing the slope of the bottom of the channel or thalweg of the watercourse;
13 (3) A floodplain analysis by a Colorado registered professional engineer of the flood profile,
elevation, and velocity, using methodology acceptable to FEMA, including existing and
14 anticipated uses and making a detenniination that the proposed construction or development will
15 not cause a rise in the elevation of the water surface of a c^ rd100-year flood;
16 (4) A structural analysis by a Colorado registered professional engineer showing that any
proposed structures will be adequately designed and constructed to prevent flotation, collapse, or
17 lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including
18 the effects of buoyancy and scouring.
19 (c) When reviewing an application for a permit, the city manager shall determine which portion
or portions of the floodplain are affected by the particular development request and shall then
20 apply the provisions of sections 9-3-~2.5, "Regulations Governing the 500-Year Floodplain," 9-
3-3. "Regulations Goverlring the 100-Year Floodplain. 9-3-4, "Regulations Governing the
21 Conveyance Zone," and 9-3-5, "Regulations Governing the High Hazard Zone," B.R.C. 1981, as
applicable. The manager also shall determine whether the application meets the intent of this
22 chapter prescribed by subsection 9-3-2(a), B.R.C. 1981, after considering the following factors:
23 (1) The effects upon the efficiency or capacity of the conveyance zone and high hazard zone;
24 (2) The effects upon lands upstream, downstream, and in the irmuediate vicinity;
25 (3) The effects upon the one hundred-year flood profile;
26 (4) The effects upon any tributaries to the main stream, drainage ditches, and any other drainage
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1 (5) Whether additional public expenditures for flood protection or prevention will be required;
2 (6) Whether the proposed use is for human occupancy;
3 (7) The potential danger to persons upstream, downstream, and in the irmmmediate vicnnity;
4 (8) Whether any proposed changes in a watercourse will have an adverse environmental effect on
5 the watercourse, including, without limitation, stream banks and st eamside trees and vegetation;
6 (9) Whether any proposed water supply and sanitation systems and other utility systems can
prevent disease, containination, and unsanitary or hazardous conditions during a flood;
7
(10) Whether any proposed facility and its contents will be susceptible to flood damage and the
8 effect of such damage;
9 (11) The relationship of the proposed development to the Boulder Valley Comprehensive Plan
10 and any applicable floodplain management programs;
(12) Whether safe access is available to the property in times of flood for ordinary and
11 emergency vehicles,
12 (13) Whether the applicant will provide flood warning systems to notify floodplain occupants of
13 impending floods,
14 (14) Whether the cumulative effect of the proposed development with other existing and
anticipated uses will increase flood heights, and
15
(15) Whether the expected heights, velocities, duration, rate of rise, and sediment transport of the
16 floodwaters expected at the site will adversely affect the development or surrounding property.
17 (d) If the city manager determines that the applicant meets the purposes and requirements of this
chapter; the manager shall issue the permit and may attach such conditions as deemed necessary
18 to firther the purposes of this chapter.
19 (e) A permit issued on or after April 7, 1985, expires three years after its date of issuance, if the
pernittee has not commenced construction under the permit. The tern "commenced
20 construction" shall mean the first placement of permanent construction of a stricture on a site,
21 such as the pouring of slabs or footings, the installation of piles, the construction of colummns, or
any work beyond the stage of excavation; or the placement of a manufactured home on a
22 foundation; but does not include land preparation, grading and filling, or installation of streets or
sidewalks.
23
(t) No person who has obtained a pennit shall fail to construct in accordance with their approved
24 application and design.
25 (g) Floodplain development permits that allow for development um the conveyance zone or the
26 high hazard zone, or which will involve a change of watercourse, shall be decided by the city
manager. The decision of the city manager shall be subject to call-up by the planning board, or
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1 appeal by any aggrieved party to the planning board, subject to the call-up and appeal procedure
2 of section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
3 (h) A floodplain development permit for any of the following items is effective upon the date of
its issuance:
4 (1) Sidewalks, parking lots, or other concrete, asphalt, or stone flatwork that do not modify
5 existing grade,
6 (2) Uninhabited overhead structural projections, no portion of which extends below the flood
protection elevation; or
7
(3) Rehabilitation of an existing structure in accordance with the definitions in chapter 9-16,
8 "Definitions," B.R.C. 1981. In addition, for properties in the high hazard zone, the rehabilitation
9 shall not result in a prohibited change in use as set forth in subsection 9-3-5(be), B.R.C. 1981.
10 (1) No person shall initiate any use after obtainnung a pernnit sunder this section without first
subimitting to the city manager a certification by a Colorado registered professional engineer that
11 the development has been completed in compliance with the approved permit application and
that all conditions have been fulfilled.
12
(i) Applications for non-residential building permits in the 500-year floodplain shall indicate
13 whether or not such facility has hazardous materials in accordance with the definition in chapter
14 9-16, "Definitions," B.R.C. 1981. If hazardous materials, meeting this definition, are present
information on the location and status of the hazardous materials, including information on if the
15 building is floodproofed and if the hazardous material is secured such that it will not be released
at or from the building during a 500-year flood, event must be provided.
16
17 Ordinance Nos. 6034 (1998), 7756 (2010)
Section 7. Section 9-3-7, BRC 1981 is amended to read: Formatted: Indent: First line: 0.5"
18
9-3-7 Variances.
19
20 (a) A person wishing to expand or enlarge an existing stricture that does not conform to the
requirements of this chapter and cannot be made to conform without unreasonable expense or
21 unreasonable impact oil the existing structure may apply to the city manager for a variance from
the requirements of subparagraphs 9-3-3(a)(16)(C) and (a)(16)(D), B.R.C. 1981, except that no
22 variance shall be granted for expansion or enlargement of any structure constricted after July 12,
1978, unless such expansion or enlargement conforms to the flood protection elevation
23 requirement in effect at the time of the original construction.
24 (b) The city i nallager shall not grant a variance under this section unless the manager determines
25 that:
26 (1) Considering the flood hazard, the variance is the minimum necessary to afford relief;
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1 (2) To do so would not result in additional threats to public safety, extraordinary public expense,
nuisance, fraud, victimization of the public, or for variances in the conveyance zone a rise in the
2 I elevation of the water surface of a ^t e 100-year flood, or be in conflict with existing
3 provisions of this code or any ordinance of the city; and
4 (3) Failure to grant the variance would result in exceptional hardship to the applicant.
5 (c) The manager shall exalmirne the following factors in determining whether or not to grant a
variance under this section:
6
(1) The danger to life and property due to flooding or erosion damage;
7
(2) The likelihood that the proposed development, in conjunction with existing and anticipated
8 development, may increase flood hazards;
9 (3) The relationship of the proposed development to the Boulder Valley Comprehensive Plan and
10 any applicable floodplain lnanagement programs; and
11 (4) The cost of providing essential services such as maintaining and protecting public utility
systems, roads, and bridges during and after floods.
12
(d) The city manager shall not grant a cumulative total of variances that increases a structure's
13 floor area by more than ten percent of the structure throughout the life of the structure.
14 (e) An applicant for a variance shall apply on forms provided by the city manager and pay the fee
prescribed by section 4-20-44, "Floodplainn Development Pennnits and Flood Control Variance
15 Fees," B.R.C. 1981, unless a floodplain development peanut is required as well, irn which case no
16 fee is required for the variance.
17 (f) Any decision by the city manager to approve a variance is subject to call-up by the planning
board or appeal by any aggrieved party to the planning board as described by section 9-4-4,
18 "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
19 (g) When granting any variance that allows for construction below FEMA's one hundred-year
20 flood protection elevation, the city manager shall provide to the recipient of the variance written
notice that the proposed construction does not conform with FEMA guidelines and that the
21 proposed construction and the original structure may be subject to increased flood insurance
premniuuus.
22
Section 8. Section 9-16-1, BRC 1981 regarding flood regulations is amended to read:
23 9-16-1 General Definitions
24 (a) The definitions contained in chapter 1-2, "Definitions," B.R.C. 1981, apply to this title unless
25 a tern is defined differently in this chapter.
26 (b) Ternns identified with the references shown below after the definition are linnited to those
specific sections or chapters of this title:
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1 (1) Airport influence zone (AIZ).
2 (2) Floodplain regulations (Floodplain).
3 (3) Historic preservation (Historic).
4 (4) Inclusionary housing (Inclusionary Housing).
5
(5) Residential growth management system (RGMS).
6
(6) Solar access (Solar).
7
(7) Wetlands Protection (Wetlands).
8
9 (8) Signs (Signs).
10 (c) The following tennis as used in this title have the following meanings unless the context
clearly indicates otherwise:
11
12
"Area of special flood hazard" means the land in the floodplain subject to a one percent or
13 greater chance of flooding in any given year. Such areas may be designated as Zones A, AO,
14 AFL AE and Al-30 on the FIRM for the City of Botllder. (Floodplain)
15 "At Risk Population Facilities" include, without limitation, pre-schools, public and private
16 primary and secondary schools, before and after school care centers with 12 or more students,
daycare centers with 12 or nnore children, group lronres, and assisted living residential or
17 congregate care facilities with 12 or more residents. (Floodplain)
18
19 "Base flood" is the flood having a one percent chance of being equaled or exceeded in any given
20 year. This is the regulatory standard also referred to as the "100-year flood." (Floodplain)
21 "Base flood elevation" is the computed elevation to which floodwater is anticipated to rise
during the base flood. (Floodplain)
22
23
24 "Basement" unearns any enclosed area of a building having its lowest floor a minirnurn of two feet
below grade level on all sides. (Floodplain)
25
26
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1 "Change in a watercourse" means any change in an existing thalweg, bed, or bank of a
2 watercourse. (Floodplain)
3
4 "Conveyance zone" lneans those portions of the floodplain required for the passage or
conveyance of the one hundred-year flood based on equal encroachment (measured in volume of
5 water) of the floodplain fi•om the edges of the flood channel to a point where the one hundred-
6 year flood profile will be raised by six inches or more, after considering a reasonable expectation
of blockage at bridges and other obstructions by flood borne debris. (Floodplain)
7
8
9 "Crawl space" means the enclosed area contained inside the foundation walls and below the
habitable floor of a structure. Crawl spaces having the lowest floor a rnniniannn of two feet below
10 grade level on all sides shall be considered a basement, and not a crawl space. (Floodplain)
11 "Critical Facility" any facility, including without limitation, a structure, infrastructure, property,
12 equipment or service, that if flooded may result in severe consequences to public health and
safety or interrupt essential services and operations for the conanunity at any tine before, dunig
13 and after a flood. A critical facility is classified by the following categories: (1) Essential
14 Services Facilities, (2) Hazardous Materials Facilities, (3) At-risk Populations Facilities.
(Floodplain)
15
16
"Development" means any change to improved or unimproved real estate, including, without
17 linutation, constructing, relocating, rehabilitating, reconstructing or expanding or enlarging (but
18 not maintaining) a building or other structure or portion thereof, or establishing or changing a
use, or raining, dredging, filling, grading, paving, or excavation. (Floodplain)
19
20
21 "Essential Services' include, without limitation, public safety, emergency response, emergency
medical, designated emergency shelters, conununications, public utility plant facilities and
22 equipment, and government operations. (Floodplain)
23 The sub-categories of essential services facilities can be further defilred as: Formatted: No underline, Not Highlight
• Public safety (police stations- fire and rescue stations, emergency operation centers) Formatted: Bullets and Numbering
24 • Emergency response (emergency vehicle and equipment storage and essential governmental work
centers for continuity of govenunent operations)
25 . Emergency medical (hospitals, emergency care. urgent care, ambulance services but excluding clinics,
doctors offices, and non-urgent care medical facilities)
26 . Designated emergency shelters
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1 • Communications (main hubs for telephone, main broadcasting emriunnent for television systems, radio
and other emergency warning systems but excluding towers, poles, lines. cables. and conduits)
2 . Public utility plant facilities and essential equipment for treatment generation. storage, pumping and
3 distribution (hubs for water. wastewater. power and gas but excluding hydro electric facilities, towers.
poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines)
4 . Essential government operations (public records, courts, jails, building permitting and inspection. Formatted: Normal, Justified, Indent: Left:
services. govenunent administration and management, maintenance and equipment centers) 0.5", Line spacing: Multiple 1.15 li, Bulleted
5 Level: 1 + Aligned at: 1.5' + Indent at: 1.75"
Air Transportation lifelines (airports (municipal and larger), helicopter pads and shucnues serving
emergency functions and associated infrasttucmre aviation control towers. air traffic control centers, Formatted: Bullets and Numbering
6 Formatted: Font: 10 pt, Not Italic
and emereenc~~~uilnnent aircraft hangars),(Floodplain)
7 Formatted: Indent: Left: 0.5", Bulleted + 1
Level: 1 + Aligned at: 1.5" + Indent at: 1.75'
8 Formatted: No underline, Not Highlight
"Exceptional hardship" means a substantially disproportionate burden in relationship to the
9 benefit to be derived from conformance with the requirements of this title. (Floodplain)
10
11 "Existing manufactured bonne park or subdivision" means a manufactured home park for which
12 the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimuttn, the installation of utilities, the construction of streets, and
13 either final site grading or the pouring of concrete pads) was completed prior to July 12, 1978.
14 (Floodplain)
15
16 "Expansion or erilargenrent of a structure" means any addition of an exterior wall to the structure
or any addition to the floor area of the structure, whether under, at, or above grade, and whether
17 or not the external dimensions of the structure are changed, or the reconstruction of a flood-
18 damaged portion of a structure, so long as such expansion, enlargement or reconstruction does
not constitute a "substantial modification" or a "substantial improvement." (Floodplain)
19
"Expansion to existing manufactured home park or subdivision" means the preparation of
20 additional sites by the construction of facilities for servicing the lots on which the manufactured
21 homes are to be affixed (including, without limitation, the installation of utilities, the
construction of streets, final site grading, or the pouring of concrete pads). (Floodplain)
22
23
24 TEMA" means the Federal Emergency Management Agency. (Floodplain)
25 .
26 "Five hundred-year flood" nrearrs a flood havirug a 0.2 percent chance of occurring in ally year.
(Floodplain)
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1 "Flood" or "flooding" means a general or temporary condition of partial or complete inundation
2 of normally dry land areas from a watercourse that temporarily overflows the boundaries within
which it is ordinarily confined or from the rapid accumulation of runoff of surface water caused
3 by rain, snow melt, flow blockage, or any other source. (Floodplain)
4 "Flood channel" mneans a natural or artificial watercourse with a definite bed and banks which
5 periodically or continuously conducts flowing water and is shown on the Flood Channel
Inventory Map prepared by the city's Utility Division of the Public Works Department.
6 (Floodplain)
7 "Flood fringe" means those portions of the floodplain that are not in the conveyance zone or in
8 the high hazard zone.(Floodplain)
9 "Flood Insurance Rate Map (FIRM)" means the official reap on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones applicable to the connrnunity.
10 (Floodplain)
11 "Flood insurance study (FIS)" means the official report provided by the Federal Emergency
12 Management Agency that included flood profiles, the Flood Bou ndary-Floodway Map, and the
13 water surface elevations of the base flood. (Floodplain)
14 "Flood profile" means a graph showing the elevations of the floodwater surface and the
elevations of the uunderlying land as a function of distance along a path of flow. (Floodplain)
15
"Flood protection elevation" means an elevation of. 1) two feet above the elevation of the water
16 surface of a one hundred-year flood as detenrined pursuant to sections 9-3-2 through 9-3-8,
17 B.R.C. 1981, or, if no such elevation is deternined, two feet above the highest grade adjacent to
a structure, or 2) two feet above the base flood elevation in AE zones or two feet above the flood
18 depth number indicated for AO zones on the FIRM for the City of Boulder, whichever is higher.
19 (Floodplain)
20 "Floodplain" means the area that is inundated by a flood. (Floodplain)
21 "Floodplain development penrit" means any permit granted under the terms and conditions of
22 sections 9-3-2 through 9-3-8, B.R.C. 1981, for development on land in a floodplain.
(Floodplain)"Floodplain, five hundred-year" means the area inundated by a flood having a 0.2
23 percent or greater chance of occurring in any given year. (Floodplain)
24
"Floodplain, one hundred-year" means the area inundated by a flood having a one percent or
25 greater chance of occurring in any given year. (Floodplain)
26 "Floodproofmng" means any combination of structural and nonstructural changes, modifications,
27 or adjustments to structures or real property which reduce or elimuinate flood damage to improved
Formatted: Right
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1 or unimproved real property, water and sanitary facilities, structures and their contents-
2 (Floodplain)
3 "Floodway, FEMA regulatory" means the channels of watercourses and the adjacent land areas
that roust be reserved in order to discharge the base flood without c>uuulatively increasing the
4 water surface elevation more than one foot. (Floodplain)
5
6
7 manag@r- piiFsua t'4 flu. 1-11h. ilia,
ff-alit@d by
8 ti ffieient , tttifies to be hat-iii Fttl to hittaatts als plattt life. (Fl,tedplain)
9
"Hazardous Material Facilities" include the following:
10 a) Facilities subject to Section 303 of the Emergency Planning and Commiunity Right-to-
11 Know Act, 42 USC $11003, because they have an "Extremely Hazardous Substance" in
excess of the "Threshold Planning Quantities' I established by the United State
12 Environmental Protection Agency and listed at 40 CFR Part 355, Appendix A and
Appendix B.
13 b) Unless covered by subpart (a) above, facilities storing Hazardous Material as defined by
14 Department of Transportation regulations at 49 CFR Parts 171-180 but only to the extent
that the facility is storing the Hazardous Material in the "Bulk Packaging" container in
15 which it was delivered as that tens is defined at 49 CFR 171.8.
c) Facilities storing a Hazardous Substance of the type and quantities listed by §29-22-107,
16 C.R.S.
17 d) Facilities regulated as transfer stations under Colorado hazardous waste regulations at 6
CCR 1007-3, Part 263.
18 e) The facility is excluded from this definition if it obtains the written and signed opinion,
including a docuruented site evaluation, of a Colorado licensed professional engineer, based
19 upon a site evaluation of the facility location, flood threat and Hazardous Material storage
20 conditions_ that the Hazardous Material will not be released at or from the facility during a 500-
vear flood event. (Floodplain)
21
22 "High hazard zone" means those portions of the floodplain where an unacceptably high hazard to
hurnan safety exists defined as those areas where the product number of flow velocity (measured
23 in ft./sec.) times flow depth (measured in feet) equals or exceeds four, or where flow depths
24 equal or exceed four feet. (Floodplainn)
25
26 "Intended for hunnan occupancy" means, as applied to structures, capable of and likely to be used
for residential habitation, or for connrnercial, industrial or governmental occupation by persons
27 Formatted: Right
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1 on a regular basis. Examples of structures normally not intended for huunan occupancy include,
2 without limitation, garages useable solely for the parking of vehicles or storage, open air
carwashes, unheated pavilions, porches or patio covers, crawl spaces, flood resistant enclosures
3 useable solely for building access, bans and other agricultural buildings, garden storage sheds,
4 ATMs, and mausoleums. (Floodplain)
5
6 "Lowest floor" means the lowest floor of the lowest enclosed area (uicluding basement or crawl
space). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
7 access or storage, in an area other than a basement area, is not considered a building's lowest
8 floor, provided that such enclosure is not built so as to render the structure in violation of the
applicable design requirements of sections 9-3-2 through 9-3-8, B.R.C. 1981. (Floodplain)
9
10
"Maintenance" means any activity undertaken to repair or prevent the deterioration, impairment
11 or failure of any streams, previously constructed improvement or structure including, without
12 limmitation: the removal of sediment and debris, installation of erosion and sediment control
devices and the replacement of structural components. Maintenance does not unclude substantial
13 modifications, substantial improvements, total replacement of existing facilities or total
14 reconstruction of a facility. (Floodplain)
15
16 "Manufactured home" mneans a structure, transportable in one or more sections, which is built on
17 a pemranent 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
18 "recreational vehicle." (Floodplain)
19 "Manufactured home park or manufactured home subdivision" means any lot or tract of land
20 designed, used, or intended to provide a location or accommodation for one or more
manufactured homes and upon which any manufactured hone or homes are parked or located,
21 whether or not the lot or tract or any part thereof is held or operated for profit, on which
22 construction was completed on or after July 12, 1978. (Floodplain)
23
24 "Mobile population facility" meatus hotels. motels. dornmitories, bed and breakfasts, hostels and
assembly group use, as defined in the city's adopted version of the International Building Code.
25 (Floodplain)
26
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_22_.
1 "Moveable object" means an item or material not anchored to the ground that is subject to being
2 transported by water, including, without limitation, a manufactured home not anchored to a
permanent fouundation, a tank, a trash dunnpster, hunnber, and other materials, but not a motor
3 vehicle. (Floodplain)
4
5 "New construction" means structures for which the "start of construction" commenced oil or after
6 July 12, 1978, and includes any subsequent improvements to such structures. (Floodplain)
7 "New manufactured home park or subdivision" means a manufactured home park or subdivision
for which the constriction of facilities for servicnig the lots on which the manufactured homes
8 are to be affixed (including, at a nlirninmmi, the installation of utilities, the construction of streets,
9 final site grading, or pouring of concrete pads) is completed on or after July 12, 1978.
10 (Floodplain)
"Nonresidential structure" means any structure or any portion of a structure used exclusively for,
11 or designed as and capable of being used for, office, comrmercial, industrial, or governmental
12 occupation.(Floodplain)
13
14 "Obstruction" means any item or material not constituting a moveable object in, along, across, or
15 projecting into the floodplain that might impede, retard, or change the direction of a flow of
water, either by itself or by catching or collecting debris carried by such water, in a way that the
16 city manager determines would increase the flood hazard to adjacent properties. (Floodplain)
17
18 "One hundred-year flood" means a flood having a one percent chance of occurring nn any year.
19 (Floodplain)
20
21 "Reconstruction" mean exact replacement of an existing stricture or portion thereof or exact
22 structural repair of a damaged structure. (Floodplain)
23 "Recreational vehicle" means a vehicle which is: 1) built on a single chassis; 2) four hundred
square feet or less when measured at the largest horizontal projections; 3) designed to be self-
24 propelled or permanently towable by a light duty truck; and 4) designed primarily not for use as
25 a permanent dwelling but as temporary living quarters for recreational, camping, navel, or
seasonal use. (Floodplain)
26
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1 "Rehabilitation" means any improvement, maintenance, or remodeling made to the interior or
2 exterior of any existing structure or the reconstruction of a deteriorated or non-flood-damaged
portion of all existing structure so long as such improvement or reconstruction does not
3 constitute an "expansion or enlargement of a structure," "substantial modification," or a
4 "substantial nnprovement." (Floodplain)
5
6 "Residential structure" means any structure or any portion of a structure that is used for, or
designed as and capable of being used for, the temporary or permanent domnicile of persons,
7 including, without luuitation, a dwelling, a boarding house, a hotel, a motel, and simnilarly used
8 strictures. (Floodplain)
10 "Start of construction" means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
11 was within one hundred eighty days of the permit date. The actual stall means either the first
12 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 ally work beyond the stage of
13 excavation; or the placement of a manufactured home on a foundation. (Floodplain)
14
15
"Structure" means a building or other roofed construction, a basement, a wall, a fence, a
16 manufactured home, or a storage tank. (Floodplain)
17
18 "Substantial damage" means damage of any origin sustained by a structure whereby the cost of
19 restoring the structure to its before-damaged condition would equal or exceed fifty percent of the
20 market value of the structure before the damage occurred. (Floodplain)
21 "Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or
improvement of a structure, the cost of which equals or exceeds fifty percent of the market value
22 of the stricture before the "start of constriction" of the improvement. This tern includes
structures which have incurred "substantial damage," regardless of the actual repair work
23 performed. For the purposes of this definition, "substantial improvement" is considered to occur
24 when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure. The
25 term does not, however, include either: 1) any project for improvement of a structure to comply
26 with existing state or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions or 2) any alteration of a structure listed on the National
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_24_.
1 Register of Historic Places or the Colorado Inventory of Historic Places or designated as an
2 individual landmark under section 9-11-2, "City Council May Designate Or Amend Landmarks
And Historic Districts," B.R.C. 1981. (Floodplain)
3
4
"Substantial modification" ineans any expansion or enlargement of a structure which equals or
5 exceeds fifty percent of the floor area of the structure intended for human occupancy, considered
6 clunulatively, commencing July 12, 1978. (Floodplain)
7
8 Section 9. This ordinance is necessary to protect the public health, safety and welfare of
9 the residents of the city, and covers matters of local concern.
10 Section 10. The City Council deems it appropriate that this ordinance be published by
11 title only and orders that copies of this ordinance be made available in the office of the City
12
Clerk for public inspection and acquisition.
13
14
15
16
17
18
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY Field Code Changed
19
20 TITLE ONLY this day of 201120'~o.
21
22 Mayor
Attest:
23
24
City Clerk on behalf of the
25 Director of Finance and Record
26
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_25_.
I READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
2 PUBLISHED BY TITLE ONLY this day of 2011''^t~10.
3
4
5 Mayor
6 Attest:
7
8 City Clerk on behalf of the
9 Director of Finance and Record
10 File: FCAD1190
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 Formatted: Right
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_26_.
ATTACHMENT B
CITY OF BOULDER
Department of Public Works/Utilities Division
Planning and Project Management
PO Box 791
1739 Broadway
Boulder, CO 80306
(303) 441-3266
(303) 441-4271 FAX
August 27, 2010
Ref: Critical Facilities and Mobile Population Ordinance Open House Minutes
Date Held: August 24, 2010
Location: Municipal Services Center (City Yards) Conference Room
Purpose: Start to Project Public Process
Present: Christie Coleman - City of Boulder
Bob Harberg - City of Boulder
Annie Noble - City of Boulder
Katie Knapp - City of Boulder
Kon Damas - Pro and Kon
Jeanine Foster - AMEC
Timothy Gablehouse - Gablehouse Calkins & Granberg, LLC.
Open House (4:00 to 4:15 pm)
Guests welcomed and directed to sign in sheet and informational handouts. Displays of
locations of proposed critical facilities (at-risk populations, hazardous materials and essential
services) and mobile population facilities were located around the perimeter of the room. We
generally had enough representatives to answer the public's questions individually.
Representative Questions and Concerns:
Q: What is the definition of a "substantial improvement"?
A: A fifty percent square footage increase or a fifty percent of value increase. These are based
on FEMA guidelines.
1
Q: Do downstream effects need to be considered when doing fill?
A: Only in the conveyance zone.
Q: How long does it take for the remapping to occur?
A: Several months given working with FEMA.
Q: Is there coordination of the City map and FEMA's?
A: This is in progress.
Q: Does single room occupancy standard (above 50) apply to retail?
A: Yes, it tracks with the fire department regulations.
Q: Are there emergency sirens in place?
A: Yes. They can be included as part of evacuation plans.
Presentation and General Q&A (4:15-5:50)
Kon provided opening remarks to Christie's presentation. There were between 20 and 30 people
present for the presentation including City staff.
Presentation Points:
• City Council has asked staff to draft a critical facilities ordinance, the city's
Comprehensive Flood and Stormwater Master Plan and Multi-hazards Mitigation
Plan call for protection of critical facilities to a 500-year standard.
• The National Flood Insurance Program Community Rating Systems Coordinators
Manual recommends protection of critical facilities to a 500-year standard and
promotes two main management strategies for protection critical facilities. These
management strategies were presented as options A and B. A third option (Option
C) that combines various components of the two CRS management strategies was
also presented.
• Options A, B, and C and the definitions of critical facilities, at-risk populations,
essential services, hazardous materials, and mobile populations were presented.
• Requirements for emergency management plans including evacuation or shelter-
in-place plans for mobile populations were discussed.
• Three example critical facilities were presented with discussion on what options
A, B and C meant for each facility.
General Questions and Answer Session:
Q: What would trigger the ordinance for a facility with hazardous materials or a gas station?
A: Only if there is an improvement/expansion (the 50% rules) or, in Option B, a new expansion.
Otherwise all are grandfathered in.
Q: Has a cost analysis been done of the economic impact of doing this kind of mitigation for a
2
500 year flood? This could be very costly.
A: The Critical Facilities Ordinance allows protection of key components of the City that allow
for faster recovery economically. A cost analysis will be done on the selected option.
Q: Can mitigation be done upstream in Boulder Canyon? Changes to Barker Reservoir?
A: The focus for the City is the floodplain in city limits. A blue ribbon panel looked at
alternatives to do upstream mitigation on Boulder Creek. Currently the decision is not to. A lot
would need to be done well below Barker Reservoir to make a difference.
Q: Are there considerations of doing quick deployment of measures to protect buildings (e.g.,
sand bagging)?
A: Floods here would happen too quickly. Although automatic flood gates are a possibility.
Option A Example Questions and Comments:
Q: Would a wall be needed for Yards in Option A?
A: Yes; or fill or channelization.
Q: Does raising the floor apply to the original building as well?
A: Yes under Option A, if it is an addition rather than a new separate building.
Comments:
--There needs to be distinction made between flash floods and areas such as the Mississippi
where water stands longer.
--Regulating the 500 year floodplain calls for expensive mitigation even if the water may stand
here only a brief time and possibly do less damage.
Option B Example Questions and Comments
--Define floodproofing.
Q: It is possible that the floor elevation of a building would be above the flood level (except of
course if there is a basement involved).
A: Maps of the floodplains do not go to that level of detail, with additional survey information it
could be demonstrated that a building is indeed already out of the floodplain.
--Option B needs better clarification.
Option C Example Comments and Questions
Q: Are there specific guidelines or do hazardous material facilities get determined through
individual discussions?
A: There is individual site certification by a consultant (not the City of Boulder).
Each business explains its strategy.
3
--It would be helpful to have guidelines of what are protective measures to avoid problems with
certification in the future (e.g., if there are staff changes).
--When would recertification be necessary?
Q: For non habitable buildings do rules apply?
A: The focus would be on the ability to respond to flood for those facilities.
--Is there a change in requirements if mitigation is done to lower the flood level impact?
Q: What if multiple buildings have different addresses?
A: Regulation is tied to what will be done in each building and if there is addition or expansion
to that building.
Open House (5:15-6:00)
After all questions associated with the overall project were answered the floodplain exhibits
were re-opened and staff and consultants worked with the public one on one to answer property
specific questions. Questions from this time frame were similar to the representative questions
listed above in the first open house period.
4
Critical Facilities
# NAME ADDRESS Category_1 Category_3 Flood Zone Creek 500-yr or 100-yr WSEL
1 Columbine Elementary School 3130 Repplier St At-risk Population Public K-12 Schools, Day Car & After School Care 500 yr Twomile Canyon Creek 5360.40
2 Rall sport Health Club Da Care 2727 29th St At-risk Population Da Care 500 r Elmers Twomile Creek 5289.00
3 Boulder County Head Start 2675 Mapleton Ave At-risk Population Preschool 500 yr Goose Creek 5295.30
4 Sunflower Preschool 3340 Dartmouth At-risk Population Preschool 500 yr Bear Canyon Creek 5388.80
5 Tin Minders Da Care 3685 Martin Dr At-risk Population Da Care & Preschool 500 r Bear Canyon Creek 5368.30
6 Homestar Child Development Center 3280 Dartmouth Ave At-risk Population Day Care 500 yr Bear Canyon Creek 5388.80
7 New Horizons Cooperative Preschool 1825 Upland Ave At-risk Population Preschool 500 yr Fourmile Canyon Creek 5460.80
8 Alterra Villas at the Atrium 3350 30th St. At-risk Population Senior Housing 500 r Wonderland Creek 5307.50
9 Mountain Morning Preschool 1286 Sumac Ave At-risk Population Preschool 500 yr Wonderland Creek 5493.50
10 McGregor's Garden Preschool 3535 Eastman Ave At-risk Population Day Care 500 yr Bear Canyon Creek 5391.70
11 Canyon Pointe Housing 700 Walnut St At-risk Population Senior Housing 500 r Boulder Creek 5363.30
12 Boulder County Head Start (Martin Park) 3650 Martin Dr At-risk Population Preschool 500 yr Bear Canyon Creek 5374.80
13 Shining Mountain Waldorf School 1179 UNION AV At-risk Population Private K-12 Schools 500 yr Fourmile Canyon Creek 5518.25
14 Montessori Education of the Rockies 4745 Walnut St At-risk Population Private K-12 Schools 500 r Boulder Creek 5238.70
15 Eisenhower Elementary School1220 EISENHOWER DR At-risk Population Public K-12 Schools, Da Care & After School Care 500 r South Boulder Creek 5265.90
16 SEPTEMBER SCHOOL 1902 WALNUT ST At-risk Population Private K-12 Schools 500 yr-P 4 Boulder Creek 5319.00
17 SEPTEMBER SCHOOL 183719TH ST At-risk Population Private K-12 Schools 500 yr-P 4 Boulder Creek 5322.00
18 75th St WWTP 4045 N 75TH ST Essential Services Wastewater 500 yr Boulder Creek 5120.00
19 Pridemark Paramedic Service 3297 Walnut St Essential Services Emergency Medical 500 yr Boulder Creek 5266.10
20 Boulder Fire Station 5 436519th St. Essential Services Fire 500 r Fourmile Canyon Creek 5462.75
21 Public Safety Building 1805 33rd St Essential Services Police 500 yr Boulder Creek 5267.10
22 Xcel Boulder Terminal 2500 28th St Essential Services Power 500 yr Goose Creek 5287.50
23 Municipal Service Center Yards 5050 Pearl St Essential Services Emergency Responders 500 r Goose Creek 5224.80
24 Columbine Elementary School' 3130 Re tier St Essential Services Warning Systems 500 r Twomile Canyon Creek 5360.40
25 Boulder County Clerk and Recorder 1750 33rd St Essential Services Public Records 500 r Boulder Creek 5265.70
26 Parks and Recreation Maintenance 5050 Pearl St Essential Services Maintenance 500 yr Goose Creek 5224.80
27 REGIONAL TRANSPORTATION DISTRICT`' 1707 EXPOSITION DR Essential Services 500 yr Boulder Creek 5265.00
28 Boulder Fire Station 7 1380 55th St Essential Services Fire 500 yr South Boulder Creek 5248.01
29 Boulder Sheriffs 1777 6th St Essential Services Police 500 yr-P 4 Boulder Creek 5383.50
30 Boulder County Justice Center (CJC) ' 1777 6th St Essential Services Courts and Jails 500 yr-P4 Boulder Creek 5383.50
31 U.S. WEST COMMUNICATIONS (QWEST) 1545 Walnut St Essential Services 500 yr-P4 Boulder Creek 5337.00
32 Roche'' 1,2 2075 55th St Hazardous Materials Pharmaceutical Company 500 yr South Boulder Creek 5214.10
33 Comcast' 1,2 3250 Walunut St Hazardous Materials 500 yr Boulder Creek 5265.20
34 Ball Aerospace' 1,2 1600 Commerce St Hazardous Materials 100 yr-P 4 Boulder Creek 5230.00
Notes:
Public facilities are shown in blue.
1. Only hazardous materials facilities that have been positively identified as meeting the new hazardous materials definition are in the above table.
2. Notification for open house and WRAB meetings included any facilities with any current or historic EPA permits.
3. Facility has more then one critical facility type as a result is listed multiple times.
4. In the proposed Boulder Creek floodplain
5. Government facilities that are not required to follow City of Boulder floodplain regulations
0
Mobile Populations Abreviations: AGU = Assembly Group Use, P = Proposed Boulder Creek Floodplain
Note: Public facilities are shown in blue.
# NAME Mobile Population Type Public/Private ADDRESS Flood Creek
1 MUNICIPAL BUILDING AGU - Community Hall Public 1777 BROADWAY 100 yr Boulder Creek
2 BOULDER PUBLIC LIBRARY AGU - Library Public 1000 CANYON BL 100 yr Boulder Creek
3 BOULDER LIBRARY/MEADOWS AGU - Library Public 4800 E BASELINE RD C112 100 r South Boulder Creek
4 ART AND SOUL AGU- Art Gallery Private 1615 PEARL ST 500 yr-P Boulder Creek
5 BOULDER MUSEUM OF CONTEMPORARY ART AGU- Art Gallery Private 1750 13TH ST 100 r Boulder Creek
6 CITY OF BOULDER PUBLIC SAFETY BUILDING AGU- Community Halls or Lecture halls Public 1805 33RD ST 500 r Boulder Creek
7 COLUMBINE ELEMENTARY SCHOOL AGU- Gymnasium Public 3130 REPPLIER ST 500 yr Twomile Canyon Creek
8 U.C.A.R. - CG1 AGU- Lecture Hall Private 3080 CENTER GREEN DR 500 r Wonderland Creek
9 Century Cinema AGU- Motion picture theater Private 1700 29th Street 500 r Boulder Creek
10 ISLAMIC CENTER OF BOULDER AGU- Place of Religious Worship Private 1530 CULVER CT 100 yr Boulder Creek
11 FIRST PRESBYTERIAN ANNEX AGU- Place of Religious Worship Private 1603 WALNUT ST 500 r-P Boulder Creek
12 UNITY CHURCH AGU- Place of Religious Worship Private 2855 FOLSOM ST 500 r Goose Creek
13 ST. ANDREW PRESBYTERIAN AGU- Place of Religious Worship Private 3700 BASELINE RD 100 yr Bear Canyon Creek
14 SECOND BAPTIST CHURCH AGU- Place of Religious Worship Private 5300 BASELINE RD 500 r South Boulder Creek
15 MEDITERRANEAN RESTAURANT AGU -Resturant Private 1002 WALNUT ST 100 r Boulder Creek
16 RIO GRANDE RESTAURANT AGU -Resturant Private 1101 WALNUT ST 100 yr Boulder Creek
17 RADDA TRATTORIA AGU -Resturant Private 1265 ALPINE AVE 100 r Goose Creek
18 SIAMESE PLATE/ SUMIDA'S SUSHI BAR AGU -Resturant Private 1575 FOLSOM ST 100 r Boulder Creek
19 PLAYA AZUL AGU -Resturant Private 1600 38TH ST 100 yr Boulder Creek
20 VILLAGE COFFEE SHOP AGU -Resturant Private 1605 FOLSOM ST 500 r Boulder Creek
21 QDOBA MEXICAN GRILL AGU -Resturant Private 1625 28TH ST 100 r Boulder Creek
22 MANTRA INDIA CUISINE AGU -Resturant Private 1630 30TH ST B 500 yr Boulder Creek
23 GOLDEN SUN AGU -Resturant Private 1635 28TH ST 100 r Boulder Creek
24 CHIPOTLE RESTAURANT AGU -Resturant Private 1650 28TH ST 1224 500 r Boulder Creek
25 INTERNATIONAL HOUSE OF PANCAKES AGU -Resturant Private 1675 28TH ST 100 yr Boulder Creek
26 CANTINA LAREDO AGU -Resturant Private 1680 29TH ST 500 r Boulder Creek
27 WORLD MARKET AGU -Resturant Private 1685 29TH ST 1268 500 r Boulder Creek
28 LAUDISIO RESTORANTE AGU -Resturant Private 1710 29TH ST 500 yr Boulder Creek
29 BimBamBoo AGU -Resturant Private 1710 PEARL ST 500 r-P Boulder Creek
30 CALIFORNIA PIZZA KITCHEN AGU -Resturant Private 1711 29TH ST 1180 500 r Boulder Creek
31 THE BUFF RESTAURANT AGU -Resturant Private 1725 28TH ST 500 yr Boulder Creek
32 DUSHANBE TEA HOUSE AGU -Resturant Public 177013TH ST 100 r Boulder Creek
33 BURGER KING AGU -Resturant Private 1770 28TH ST 500 yr Boulder Creek
34 FOLSOM ST. COFFEE SHOP AGU -Resturant Private 1795 FOLSOM ST 500 yr Boulder Creek
35 MCDONALDS AGU -Resturant Private 1800 28TH ST 500 r Boulder Creek
36 ISLANDS RESTAURANT AGU -Resturant Private 1855 29TH ST 1152 500 yr Boulder Creek
37 APPLEBEES AGU -Resturant Private 1906 28TH ST 500 r Boulder Creek
38 THE WALRUS RESTAURANT AGU -Resturant Private 1911 11TH ST 500 r Boulder Creek
39 GOLDEN LOTUS AGU -Resturant Private 1964 28TH ST 500 yr Boulder Creek
40 WENDY'S AGU -Resturant Private 1965 28TH ST 500 r Boulder Creek
41 RAS KASSA'S ETHIOPIAN RESTAURANT AGU -Resturant Private 2111 30TH ST 500 r Boulder Creek
42 JOHN'S RESTAURANT AGU -Resturant Private 2328 PEARL ST 500 yr-P Boulder Creek
43 RINCON DEL SOL AGU -Resturant Private 2350 ARAPAHOE AVE 100 r Boulder Creek
44 TOKYO JOE'S AGU -Resturant Private 2525 ARAPAHOE AVE 100 r Boulder Creek
45 LE PEEP AGU -Resturant Private 2525 ARAPAHOE AVE D50 100 yr Boulder Creek
46 SUNFLOWER FARMERS MARKET AGU -Resturant Private 2525 ARAPAHOE AVE E65 100 r Boulder Creek
47 ZOLO GRILL AGU -Resturant Private 2525 ARAPAHOE AVE H1 100 r Boulder Creek
48 RED ROBIN AGU -Resturant Private 2580 ARAPAHOE AVE 100 yr Boulder Creek
49 ORIGINAL PANCAKE HOUSE AGU -Resturant Private 2600 CANYON BLVD 100 r Boulder Creek
50 BREADWORKS AGU -Resturant Private 2644 BROADWAY 100 r Goose creek
51 MOE'S BROADWAY BAGELS AGU -Resturant Private 2650 BROADWAY 100 yr Goose Creek
52 CHEZ THUY AGU -Resturant Private 2655 28TH ST 500 r Elmer's Twomile Creek
53 MARIE'S AGU -Resturant Private 2660 BROADWAY 100 r Goose Creek
54 J W'S STEAKHOUSE AGU -Resturant Private 2660 CANYON BLVD 100 yr Boulder Creek
55 THE OLIVE GARDEN AGU -Resturant Private 2685 PEARL ST 500 r Goose Creek
56 DOT'S DINER AGU -Resturant Private 2716 28TH ST 500 r Elmer's Twomile Creek
57 WENDY'S AGU -Resturant Private 2720 BASELINE RD 100 yr Skunk Creek
58 KOREA HOUSE AGU -Resturant Private 2750 GLENWOOD DR 4 500 r Elmer's Twomile Creek
59 WAHOOS FISH TACO AGU -Resturant Private 2790 PEARL ST A 500 r Boulder Creek
60 TURLEY'S RESTAURANT AGU -Resturant Private 2805 PEARL ST 500 yr Goose Creek
61 AGAVE RESTAURANT AGU -Resturant Private 2845 28TH ST 500 r Elmer's Twomile Creek
62 HARPO'S SPORTS GRILL AGU -Resturant Private 2860 ARAPAHOE AVE 100 r Boulder Creek
63 DENNY'S RESTAURANT AGU -Resturant Private 2905 BASELINE RD 100 yr Skunk Creek
64 EGGLOO DELIGHTS AGU -Resturant Private 3033 28TH ST 1500 r Elmer's Twomile Creek
65 WALNUT CAFE AGU -Resturant Private 3073 WALNUT ST 500 yr Boulder Creek
66 CASA ALVAREZ AGU -Resturant Private 3161 WALNUT ST 500 r Boulder Creek
67 KFC ( TACO BELL AGU -Resturant Private 3210 ARAPAHOE AVE 100 yr Boulder Creek
68 NORTH BOULDER CAFE, LLC AGU -Resturant Private 4479 BROADWAY 100 yr Fourmile Canyon Creek
69 PARKWAY CAFE AGU -Resturant Private 4700 PEARL ST 4 500 r Goose Creek
70 INDIA CLAY OVEN AGU -Rest urant Private 5290 ARAPAHOE AVE B 100 yr South Boulder Creek
71 FLATIRONS GOLF COURSE PRO SHOP AGU -Resturant Private 5706 ARAPAHOE AVE 500 r South Boulder Creek
72 TSING TAO AGU -Resturant Private 607 S BROADWAY A, B 500 r Bear Canyon Creek
73 HAPPY NOODLE HOUSE AGU -Resturant Private 835 WALNUT ST 500 yr Boulder Creek
74 BOULDER CHOP HOUSE AGU -Resturant Private 921 WALNUT ST 1 500 r Boulder Creek
75 Rock Count Pizza and Tap House AGU -Resturant Private 2319 ARAPAHOE AVE 100 r Boulder Creek
76 BOULDER DINNER THEATER AGU -Resturant and Theater Private 5501 ARAPAHOE AVE 100 yr South Boulder Creek
77 BAKERS STREET PUB & GRILL AGU -Resturant- Bar Private 1729 28TH ST 500 r Boulder Creek
78 ATTIC BAR & BISTRO AGU -Resturant- Bar Private 949 WALNUT ST 500 r Boulder Creek
79 THE FOUNDRY AGU- Tavern or Bar Private 1109 WALNUT ST 100 yr Boulder Creek
80 THE WALNUT BREWERY AGU- Tavern or Bar Private 1123 WALNUT ST 100 r Boulder Creek
81 MOUNTAIN SUN PUB & BREWERY AGU- Taverns or Bar Private 1535 PEARL ST 500 r-P Boulder Creek
82 BOULDER BEER COMPANY AGU- Taverns or Bar Private 2880 WILDERNESS PL 500 yr Wonderland Creek
83 OUTBACK SALOON AGU- Taverns or Bar Private 314128TH ST 500 r Elmer's Twomile Creek
84 FOOTHILL ELEMENTARY SCHOOL AGU- Theater or Gymnasium Public 1001 HAWTHORNE AVE 100 r Twomile Canyon Creek
85 PATIENCE MONTESSORI SCHOOL AGU Theater, Gymnasium or Banquet Hall Private 3600 HAZELWOOD CT 100 yr Wonderland Creek
86 BOULDER HIGH SCHOOL AGU- Theater, Lecture Hall or Gymnasium Public 1604 ARAPAHOE AVE 100 r Boulder Creek
87 KNIGHTS OF COLUMBUS AGU-Ban uet Hall or Community Hall Private 1741 WALNUT ST 500 r-P Boulder Creek
88 WEST BOULDER SENIOR CENTER AGU-Banquet Hall or Community Hall Public 909 ARAPAHOE AVE 500 yr Boulder Creek
89 SHINING MOUNTAIN WALDORF SCHOOL AGU-Gymnasium Private 999 VIOLET AVE 100 r Fourmile Canyon Creek
90 NAROPA UNI - PERFORMING ARTS CTR & CAFE AGU-Theater or Lecture Hall Private 2130 ARAPAHOE AVE 100 r Boulder Creek
91 NAROPA UNIVERSITY -LINCOLN BUILDING AGU-Theater or Lecture Hall Private 2130 ARAPAHOE AVE 100 yr Boulder Creek
92 Briar Rose Bed & Breakfast Bed and Breakfast Private 2151 ARAPAHOE AV 100 r Boulder Creek
93 Marine Ct Family Housing Dormitories, including family housing Public 1350 20th St 100 r Boulder Creek
94 NEWTON COURT Dormitories, including family housing Public 1475 FOLSOM ST 100 yr-P Boulder Creek
95 Athens Court Family Housing Dormitories, including family housing Public 2010 Athens St 100 r Boulder Creek
96 Newton Court Family Housing Dormitories, including family housing Public Newton Court 100 r Boulder Creek
97 Boulder University Inn Hotel or Motel Private 1632 BROADWAY ST 500 yr Boulder Creek
98 Golden Buff Motel Hotel or Motel Private 1725 28TH ST 500 r Boulder Creek
99 Quality Inn & Suites Boulder Creek Hotel or Motel Private 2020 ARAPAHOE AV 100 yr Boulder Creek
100 The Village Marriot Hotel or Motel Private 2660 Canyon Blvd 100 r Boulder Creek
101 Residence Inn Hotel or Motel Private 3030 CENTER GREEN DR 500 yr Wonderland Creek
102 Homewood Suites Hotel or Motel Private 4950 BASELINE RD 100 yr South Boulder Creek
103 Boulder Best Western Hotel or Motel Private 770 28TH ST 500 r Skunk Creek
104 St. Julien Hotel Hotel or Motel Private 900 WALNUT ST 100 yr Boulder Creek
105 The Bradley Boulder Inn Hotel or Motel Private 500 r-P Boulder Creek
106 THE VILLAGE MARRIOTT Hotel or Motel and AGU -Banquet hall Private 2660 CANYON BLVD 100 r Boulder Creek
107 MARRIOTT COURTYARD Hotel or Motel and AGU Resturant Private 4710 PEARL EAST CR 500 yr Boulder Creek
108 MILLENNIUM HARVEST HOUSE Hotel or Motel and AGU -Resturant and Bar Private 1345 28TH ST 100 r Boulder Creek
Association of State Floodplain Managers, Inc.
2809 Fish Hatchery Road, Suite 204, Madison, WI 53713
Phone: 608-274-0123 I Fax: 608-274-0696 I Email: asfpm@floods.org I Website: www.floods.org
Critical Facilities and Flood Risk
This is a position paper prepared by the Association of State Floodplain Managers (ASFPM), a
professional non-profit organization dedicated to reducing flood losses and protecting floodplain
fi.rnctions and resources in the United States, without causing adverse impacts to others.
Background
Both flood risk and flood damage are increasing in the United States, despite multiple decades and
billions of dollars to first attempt to control floods and then to attempt to reduce flood damage by
managing floodplains. This increase in damage has occurred for three very simple reasons: (1)
communities, other governments and property owners continue to build in high flood-risk areas; (2)
when structures are built in high-risk areas, it is often done with inadequate adjustments for either the
flood hazard that exists and certainly not for the flood hazard that will exist in the near future; and (3)
facilities that are flooded once are not mitigated when rebuilt, despite the provision of the disaster
recovery public assistance law that provides funding for mitigation (Stafford Disaster Act). In an
attempt to remedy this, there is an effort to shift the current focus to reducing development in flood risk
areas in order to reduce consequences and flood risk and to manage flood risk that may be caused from
watershed development or changing conditions due to climate or demographics. Historically, the
consequences of floods were considered only from an economic damage perspective; but loss of life and
human suffering, as well as environmental degradation along with community sustainability and
resilience, are equally important factors to consider when making decisions to reduce and manage flood
risk.
For the purposes of this paper, it is important to explain that "flood risk" is not just the probability
(chance) that a flood will impact a facility, but rather is the result of that probability multiplied by the
consequences of when a flood does happen. Thus, flood risk may actually increase behind a levee if
more development or higher value structures are placed behind the levee where they will be damaged
when the levee is overtopped or fails and the flood occurs.
What are Critical Facilities and Critical Actions?
Critical facilities are those that are essential to a community's resiliency and sustainability- otherwise
defined as its ability to quickly and efficiently respond to floods, recover from floods, meet the needs of
its citizens, and rebuild after floods. Stated simply, critical facilities should never be flooded, and
critical actions should never be conducted in floodplains if at all avoidable. The economic, social, and
environmental impacts of the facility being flooded are so great that it should not be located in a flood
hazard area. If there are no practical alternatives to locating the facility in a floodplain, federal
guidelines should be followed requiring protection from the "500-year" flood event.
ASFPMPaper - Critical Facilities Page 1 of 12 Approved by the ASFPMBoard 11-10-10
Critical facilities fall within the following categories:
1. Governmental Facilities: Essential for the delivery of critical services and crisis management, including
data and communication centers, key government complexes, etc.
2. Essential Facilities: Those that are vital to health and welfare of entire populations, including
hospitals and other medical facilities, retirement homes, police and fire departments, emergency
operations centers, prisons, evacuation shelters, and schools, etc.
3. Transportation Systems: Those systems, and the supporting infrastructure, necessary for
transport of people and resources (including airports, highways, railways, and waterways) during
major disasters, including flood events up to the 500-year flood.
4. Lifeline Utility Systems: Those vital to public health and safety, including potable water,
wastewater, oil, natural gas, electric power, communication systems, etc.
5. High Potential Loss Facilities: Failure or disruption of operations may have significant
physical, social, environmental, and/or economic impact to neighboring communities, including
nuclear power plants, high-hazard dams, urban levees, and military installations.
6. Hazardous Material Facilities: Involved in the production, storage, and/or transport of
corrosives, explosives, flammable materials, radioactive materials, toxins, etc.
To further assist in determining if a facility is critical, the following questions should be asked:
1. If flooded, would the facility add another dimension to the disaster? (e.g., petroleum terminals,
hazardous and toxic waste sites)
2. Based on the available flood warning time, would people be able to evacuate the facility/building
without loss of life?
3. Would the facility be operable during an extreme flood event (e.g., 500-year flood)?
4. Would essential and irreplaceable records, utilities, and /or emergency services be lost or become
inoperable?
5. If the services provided by the facility were disrupted by flood (e.g., police, fire, emergency
services), would the flood disaster result in even more damages and loss of life?
If the answer to any of these or similar questions is "yes," then the facility is considered critical, and the
action to place the facility at risk of flooding would be a critical action.
The impacts of the loss of function of critical facilities could include:
• The inability to provide essential services, such as police, hospital, rescue and fire.
• Endangering large numbers of concentrated people, such as within emergency evacuation centers
that cannot be accessed or serviced, or are otherwise at risk.
• Denying life-safety ingress and egress via critical streets and highways.
• Adding to the hazard of the flood water itself, such as by pollutants from flooded wastewater
treatment plants or toxic materials.
Critical actions support facilities, and their activities, for which even a slight chance of flooding would
be too great. Critical actions include but are not limited to:
• Providing financing assistance and/or construction of critical facilities
ASFPMPaper - Critical Facilities Page 2 of 12 Approved by the ASFPMBoard 11-10-10
• Acquiring, managing, and disposing of lands for critical facilities
• Conducting programs and activities affecting land use for critical facilities
Minimum federal floodplain management standards for federal activities related to critical facilities
come from Executive Order 11988, which cites the 500-year flood elevation as the minimum standard.
The American Society of Civil Engineers (ASCE) Standard 24-05, and the International Building Code
also provide minimum standards for some Category structures. Those standards, depending on the type
of flood exposure, require protection to the 100-year flood elevation, plus up to three feet of freeboard or
the "design flood elevation," whichever is higher. Therefore, the "design flood elevation" for critical
facilities, as referred to in this paper, is the higher of the 500-year flood elevation, or the elevation
required by applicable codes and standards.
Extent of the Problem
When critical facilities in the United States are flooded, they not only sustain costly flood damage, but
may also become inoperative and unable to fulfill their function in response and recovery. This can
result in greater loss of life and human suffering, and means that it takes longer for the community to get
back to pre-flood levels of functionality. Two examples from recent floods illustrate this problem.
New Orleans and Hurricane Katrina, 2005: The frequency of flooding was reduced in the Greater
New Orleans area, after Hurricane Betsy in 1965, when the federal government began to build structural
levee s/floo dwalls. In the short term, the levees/floodwalls decreased flood risk; however, the reduced
frequency of flooding altered the New Orleans style of construction. Traditionally, residents had
avoided placing buildings in the lowest areas, instead opting for elevating buildings such as houses with
enough space to park a car beneath them. After the levees/floodwalls were in place, the trend shifted to
wholesale construction of "slab on grade" buildings, including critical facilities throughout the area.
The result was that the levee/floodwall system actually increased long-term flood risk, because the
consequences of flooding from levee failure increased greatly. Many, if not most, critical facilities in
the area were built with first floors at elevations ranging from several feet below sea level to just a few
feet above sea level.
When Hurricane Katrina struck, deaths resulted not only from direct floodwater, but also because of the
inability to evacuate once the levees failed or overtopped. Additionally, many critical facilities were
unable to continue in operation due to the lack of supplies and resources, such as power, potable water,
food, sanitation, and medications. Critical facilities such as neighborhood schools and auditoriums that
could have served as emergency evacuation centers were also flooded. Because of the distance and the
need to traverse floodwater, many people were unable to evacuate to the Superdome. When the
floodwaters arrived at St. Rita's Nursing Home 35 residents died while trying to evacuate from this
home which was built 20 years previously in an area considered "protected" by the levee/floodwall
system. Transportation infrastructure to provide access to the facility was inoperable during the flood.
Critical facilities could have been located at the highest locations in the city, elevated or flood proofed,
with accessibility, in order to achieve operability, maximum flood risk reduction and community
resiliency.
Cedar Rapids, Iowa, and the Floods of 2008: When Cedar Rapids experienced a major flood in 2008,
the city had levees and floodwalls in place, but these structural measures were overwhelmed by the
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flood. Critical facilities such as the city hall, county courthouse, county detention complex, county
sheriff's headquarters, police headquarters, and medical center were all located in areas that flooded
when such measures were overwhelmed. The city hall, county courthouse, and county detention
complex were actually located on an island in the Cedar River, and evacuation of the detention complex
did not occur until floodwater had inundated the complex and all evacuation routes were flooded. Much
of the city lies above the elevation of any flood event, and all of these facilities could have, and should
have, been constructed at locations with very low flood risk. As in New Orleans, the location of critical
facilities in flood prone areas not only added to cost of the flood damage, but it also hindered flood
response and prolonged flood recovery, thus negatively impacting the city's economy, resiliency and
sustainability.
Examples like these exist nationwide in many communities that are subject to flooding. These results
will continue to occur unless communities use long-term planning to: (1) locate or build critical facilities
at locations above projected high flood levels, (2) relocate their existing critical facilities, or (3) flood
proof their critical facilities.
In many locations, critical facilities have been located in areas considered "protected" by levees,
floodwalls, or dams that reduce flood frequency but do not eliminate flood risk. Furthermore, because
of the misconception that a floodplain does not exist if a property is "protected" by a levee, floodwall, or
dam accredited for purposes of the National Flood Insurance Program (NFIP), it is common for critical
facilities to be constructed using "slab on grade" construction in these "protected" areas and to have no
operability or access during major disasters.
Many levees and floodwalls, specifically those built after passage of the Water Resources Development
Act of 1986 (WRDA) and after full implementation of the NFIP, were built to only provide "protection"
from the 100-year flood. This has occurred for two reasons:
(1) the NFIP currently does not require flood insurance purchase or floodplain regulation in areas
"protected" by levees and floodwalls that are accredited as providing a minimum of 100-year flood
"protection," and
(2), the WRDA required construction cost sharing by a local sponsor with the Corps of Engineers,
so communities generally opt to pay for only the minimum levee or floodwall, in order to remove
them from the designated 100-year floodplain
Development and construction in areas behind a levee or floodwall, or in the failure zone below dams,
can proceed as if no flood risk exists. Then, when a flood event occurs that exceeds the "protection"
level provided, such as the 2005 or 2008 events described above, critical facilities are flooded
sometimes to depths greater than would have been the case had the levee, floodwall or dam never been
built. This can be due to entrapment of the water within the overtopped or breached levee or floodwall
and/or that no other mitigation, such as elevation above ground level, is performed.
Why the Problem Persists
Why are so many critical facilities vulnerable to damage and operational shutdown because of floods? It
is important to recognize that critical facilities may be viewed or addressed differently depending on
whether they already exist (and may be substantially damaged by an event and need rebuilding), or if
they are being planned and the location for them is more open to discussion and decision. If there is any
ASFPMPaper - Critical Facilities Page 4 of 12 Approved by the ASFPMBoard 11-10-10
federal involvement (most cases), the Executive Order directs that any at risk area be avoided if at all
possible, followed by a construction decision, requiring mitigation and elevation above the 500-year
flood (if a flood hazard area absolutely cannot be avoided). Factors contributing to the problem include:
• Federal agencies have contributed to the problem by directly building critical facilities or by
funding states and localities (via grant programs) to build such facilities in flood hazard areas.
This is true even though the Executive Order (11988, Floodplain Management, issued May 24,
1977) directed agencies of the federal government to give special consideration to, and avoid
supporting critical facilities and critical actions in, flood-prone areas. Examination of the
implementing guidelines to federal agencies published by the U.S. Water Resources Council
(WRC) and codified into federal regulation February 10, 1978, includes specific reference to
critical actions and critical facilities. The Order states that even a slight chance of flooding is too
great for critical facilities and actions, so they should not be located in flood hazard areas if
alternatives exist. The guidelines state that, "The minimum floodplain of concern for certain
critical actions is the area subject to inundation from a flood having a 0.2 % chance of
occurrence", also known as the 500-year flood. The Order faces challenges in implementation as
a result of local and political pressure to develop in flood risk areas for short-term economic
gain.
A current example of this is in East St. Louis, Illinoisan area that has been considered
"protected" by a levee that has been accredited by the NFIP as providing 100-year "protection",
and which many considered to have 500-year protection. As a result, all development behind the
levee over the years has been built essentially at-grade. This includes critical facilities, even
though the EO and a subsequent state executive order require that critical facilities either not be
built in a 500-year floodplain or be flood-proofed to be functional during a 500-year flood. The
State of Illinois is requiring a state-funded nursing home, proposed for the area, to comply with
500-year standards of both the federal and the state executive orders. The reaction to these
efforts, to consider life and safety for these critical facilities, has been a demand for change in
both state and federal executive orders from the local community officials, the developers, and
the area Congressional delegation. The state legislature in Illinois actually passed and the
governor signed a law declaring that the area behind this levee is not a floodplain!
• Not all states have recognized the need for additional regulation relative to critical facilities and
critical actions. Those that have recognized the need have generally followed the federal
guidelines for implementing the EO. The prevalence for state purview often disappears when
critical facilities are (to be) located in areas that are "protected" to NFIP minimum floodplain
management standards by structural measures such as levees, floodwalls, or dams.
• Critical facilities are reconstructed after a disaster without being mitigated. Too often, public
assistance (PA) funds from FEMA, or federal monies from other agencies such as DOT, HUD,
EDA, etc, are used to reconstruct critical facilities after a disaster, but mitigation is not
performed despite the use of federal dollars.
• A disconnect exists between land use decisions and flood risk costs. Land use decisions are
made by communities and tend to be based on local short-term economic factors in the form of
community growth and resultant increases in the local tax base. These decisions often favor
ASFPMPaper - Critical Facilities Page 5 of 12 Approved by the ASFPMBoard 11-10-10
using floodplains for economic development, with the fact that the area is subject to flooding
being a much lower priority in the decision. Local communities gain the "benefits" of the tax
base growth but can then "externalize" the costs incurred during and after a flood to others,
usually federal and state taxpayers. When a flood disaster occurs these same communities turn
immediately to the state, which turns to the federal government for funds to respond, recover,
and rebuild. When making land use decisions about critical facilities, communities usually place
highest priority on getting the lowest-cost facility that meets the primary objective of the facility.
The need for the facility to be fully functional during and after floods is often not a
consideration. If flood risk is considered, it is usually from the perspective that the cost to
rebuild after a flood will be largely paid for by a state or federal taxpayer recovery program, and
thus not a local responsibility.
• Community acceptance of shared responsibility for flooding is lacking. The lack of
responsibility for flooding results in unwise land use decisions by communities and by property
owners because over the decades, people and communities have been "taught", over the decades,
that flood disasters are a federal responsibility. This is reinforced by the ever-increasing
prevalence of Presidential disaster declarations for floods and the resultant federal funding that
goes principally to those communities and people that have taken the least amount of
responsibility-thus rewarding unwise development in flood risk areas.
An example of the lack of shared responsibility can be seen by a simple comparison of two types
of disasters: fire and flood. In both cases, insurance is available for purchase by property
owners. In the case of flood, most people try hard to avoid the requirement to buy flood
insurance, and many communities base land use decisions not on flood risk, but on short-term
economic growth. Communities also attempt to reduce the extent of the identified floodplain on
the NFIP flood maps, even urging their members of Congress to delay flood maps or exempt
their citizens in identified flood hazard areas from the mandatory purchase of flood insurance.
With floods, the perception is that the taxpayer, via the federal government, will pay the cost of
the response, recovery, and rebuilding. In the case of fire, quite the opposite occurs. With fire, it
is understood that the individual is wholly responsible for fire damage and if any broader support
comes, it generally stops at the local community level. Because flood disasters are generally
large and devastating, the individual and local community's lack of responsibility in managing
flood risk is rewarded flood after flood with large amounts of funding borne mostly by the
federal and state taxpayers. Critical facilities that are damaged or destroyed by floods are often
the first recipients of federal rebuilding funds because of the urgency to restore the services they
provide. Furthermore, communities often argue strongly to be allowed to rebuild the critical
facility in the same flood risk area where it was destroyed.
• Many communities do not know what critical facilities exist in their area or what constitutes a
critical facility. Communities may not have looked ahead and thought about what facilities exist
that are "critical" for flood response, recovery, and community resilience in the long term. Each
community should have an inventory of all its critical facilities, and a list of the actions to be
taken if that facility is damaged or must be rebuilt.
• It may not be clear if critical facilities are in flood risk areas. Many communities have
inadequate or inaccurate floodplain information. FEMA has recently undertaken an initiative to
ASFPMPaper - Critical Facilities Page 6 of 12 Approved by the ASFPMBoard 11-10-10
modernize flood maps and to update many flood maps across the nation. While this has resulted
in good information, some communities are still operating with maps that simply digitized
decades-old information. In addition, watersheds and floodplains are dynamic, and today's best
information may be inaccurate tomorrow due to physical changes in the floodplain or watershed
brought about by human development, climate change, flood events, or other factors. Without
accurate and current floodplain mapping, proper location and/or construction and operability of
critical facilities is difficult to achieve.
• Lack of community understanding about where flood risk exists. There is a common
misunderstanding that flood risk only exists in the shaded 100-year floodplain area on the NFIP
maps. This is highly inaccurate, but is reinforced by the fact that the 100-year floodplain is the
only flood risk area with any relevance on the NFIP flood maps, therefore it has become the de
facto "recognized" flood risk area throughout the nation. The 100-year floodplain on NFIP maps
exists primarily for flood insurance purchase, not to show flood risk. According to public
misconception, if a facility is within the 100-year floodplain on the NFIP maps, it has a flood
exposure; if it is not within the 100-year floodplain it does not have, and will never have, a flood
problem. This is one of the greatest misconceptions people and communities have, supported by
the federal flood maps and policies. This fallacy must be addressed at the local community level
by educating the public about the "nature's" floodplain and that flood risk is a continuum
throughout the community, not an "in or out" concept. Communities must take necessary steps
to have critical facilities accessible and functional in all flood events, no matter how large the
event.
• Flood maps do not reflect future flood conditions. NFIP flood mapping reflects only the flood
that will occur based on existing, not future conditions. FEMA claims this is because the NFIP
maps must reflect current risks for insurance rating purposes. The focus on existing watershed
and floodplain conditions, rather than on future conditions, has resulted in critical facilities being
located in what will be high flood risk areas after the watershed is developed, storms intensify, or
sea level rises. Thus, critical facilities are placed in areas inappropriate to support community
resiliency and sustainability.
Recommendations
The following actions for change are recommended by ASFPM:
Recommendation 1
Reconnect land use decisions and flood risk responsibility and cost. A disconnect between land use
decisions and flood risk cost is a problem across all categories of buildings and structures, not just
critical facilities. The actions below should address the differences between existing and new critical
facilities:
ASFPM Paper- Critical Facilities Page 7 of 12 Approved by the ASFPMBoard 11-10-10
Action item: Grant funds should not be available from any federal agency to construct any
critical facility that does not meet the flood risk process/standards of the Floodplain Management
Executive Order 11988. This would connect community land use decisions to the flood risk cost
and exposure of the federal taxpayers; meaning the facilities must be built in accordance with the
Federal Order or federal support is not available.
Action item: Post disaster funds from any federal agency should only be available for post-flood
rebuilding of a critical facility if the facility is protected from and operable in the 500-year flood,
or the funds can be used toward relocating the facility. This action should be undertaken by the
federal and state agencies responsible for the funding, permitting, rebuilding and location
decisions of critical facilities.
Action item: When providing funding for disaster relief, including critical facilities, federal
assistance should use a "sliding" cost share policy. Thus, under federal policy, those
communities that do the poorest job of managing flood risk would either receive the same or less
funds as those communities that do the best job.
Action item: Communication and education on the importance of flood risk and appropriate land
use decisions by local communities is extremely important. Flood risk communication and
education to inform local land use decision makers, as well as local citizens, on current flood risk
and on effective flood risk management, must be instituted at least annually in all communities.
This need is especially important for critical facilities and how citizens in that community can
access those facilities during major flood events.
Action item: The NFIP regulations should include standards for critical facilities that are
required for a community ordinance in order to be compliant and to participate in the NFIP.
Recommendation 2
Ensure that communities are aware of the critical facilities within their jurisdictions. Many communities
may not know what role certain facilities should play during disasters/emergencies.
Action item: Communities are required to identify and maintain, in their hazard mitigation plan,
a list of facilities that are essential to reducing and preventing human suffering and death during
and after floods or other disasters. This action is the responsibility of each community with
support and oversight from each state's mitigation and floodplain management office. The
community mitigation plan should identify the actions the community will take when a facility is
damaged or rebuilt. To assist this effort a critical facility "tool kit" focused on identifying
critical facilities, as well as location or flood-proofing of existing critical facilities, should be
developed by the Federal Interagency Floodplain Management Task Force. Floodplain
management experts such as states and ASFPM Chapters could provide this to communities and
others.
Recommendation 3
A shift in flood risk management benefits thinking, from "short term" to "long term", must occur. The
level of flood risk considered acceptable and sustainable must be established nationwide and at the state
and local level. Any short-term objectives must be supportive of, and not negate, the long-term
ASFPMPaper - Critical Facilities Page 8 of 12 Approved by the ASFPMBoard 11-10-10
objectives. Requiring those who build and live at risk to pay the full cost of adding to that risk is key,
and other actions can support this.
Action item: All communities should be required to have a flood hazard mitigation plan that
focuses on maximum reduction of flood risk for critical facilities by 2050. Measurable and
implementable actions must be adopted that are achievable short-term, but that also continually
move the community and its critical facilities toward this flood risk objective. This could be a
further requirement of the present flood hazard mitigation plan for community eligibility for
FEMA Mitigation funding as well as for USACE water resources projects. This would be a
FEMA and USACE action, with strong support from state floodplain management and
mitigation programs and from ASFPM. Congressional action may be needed to update the DMA
2000 requirements for a community to adopt an all-hazards mitigation plan.
Recommendation 4
Issue an updated federal executive order on floodplain management to replace the 30 year old EO
11988. The updated executive order should not be just a restatement of the 1977 EO, but also require
that each federal agency take active leadership to promote a national focus on long-term sustainability
and resilience for the nation's communities. The agencies must ensure that any federal investment or
action does not add to flood risk, and has no adverse impact on other properties, communities or the
environment. Essentially, the nation should be moving to a "no, or minimal flood risk" environment.
The updated EO should require an annual national "rollup" of flood risk-related damage and death
information and analyze trends in order to measure success or failure in reducing flood risk. The EO
must explicitly address critical facilities and require that each federal agency provide leadership in flood
risk management to achieve the goal of minimal flood risk by 2050. The new EO must also address the
need to protect data that is essential to community sustainability and resilience, and shall link the
National Infrastructure Protection Plan to these requirements, to provide for continuity of functions the
facilities provide.
Action item: The Federal Interagency Floodplain Management Task Force should promote the
adoption of an updated executive order within the next year.
Action item: The FEMA guidelines to implement the updated EO must direct that all
community and state hazard mitigation plans identify and assess their critical facilities for action
steps needed to comply with the requirements.
Action item: The Administration must assign oversight of federal agency compliance with the
existing and updated EO to one of the federal agencies, OMB or CEQ.
Recommendation 5
Accurate floodplain information is essential if communities are to ensure that their critical facilities are
not located in flood risk areas or are flood proofed and operable to and during the 500-year flood
minimum standard. Funding for accurate floodplain mapping information must be a high priority within
communities and within agencies at the state and federal level. Within this context, the nation must have
information that reflects future conditions, which must provide enough information to effectively expose
and finally eliminate the myth that flood risk does not exist beyond the 100-year floodplain.
ASFPM Paper- Critical Facilities Page 9 of 12 Approved by the ASFPMBoard 11-10-10
Action item: FEMA's floodplain mapping program of the NFIP is the nationally recognized
source for floodplain information. If sufficient funding is not available for this task, flood
insurance rates within the NFIP should be increased to provide adequate funding, or Congress
must increase funding for floodplain mapping, recognizing the key role this information plays in
community resilience and security.
Action item: Ultimately, it is the responsibility of every community to ensure that they are
locating their critical facilities properly. Communities can develop floodplain information and
verify the accuracy of existing information through a number of sources, such as investigation of
historic flood information, review of basic topographic maps to determine elevations relative to
flood sources, and hydraulic studies to determine flood information. Floodplain management
organizations such as ASFPM and NASFMA should instill in membership what communities
can do themselves to ensure the best information and decision making.
Action item: Since the flood insurance rate map of the NFIP has become the national de facto
source for floodplain information, the mapped floodplains should also reflect future conditions.
This is a FEMA action item. FEMA can also require NFIP communities adopt freeboard in the
ordinances to require elevation of structures above the 100-year flood level by 1 or 2 feet.
Currently nearly half of NFIP communities require freeboard.
Action item: A national flood risk communication and education campaign must be initiated that
will address the public misperception that flood risk exits only in mapped 100 year floodplains.
The public and communities must understand that flood risk is a continuum from high to low,
with few areas having minimal flood risk. This is an action item that should be discussed and
developed by the Federal Interagency Floodplain Management Task Force and the
Intergovernmental Flood Risk Management Committee. This will require collaboration with
organizations representing the key state and local partners that work with the federal government
to reduce flood risk and protect lives and property from flooding through flood risk management
measures and protecting the natural resource and functions of floodplains.
Recommendation 6
All states should adopt or update their state executive order on floodplain management dealing with
critical facilities, if current State statutes or directives do not require critical facilities be either out of or
flood proofed, and operable to at least the 500-year flood level.
Action item: FEMA and the ASFPM and its Chapters should engage in dialogue with State
Mitigation staff and Floodplain Managers to facilitate appropriate implementation and provide
information on the need for such action to the governors of each state.
Recommendation 7
A shift in the understanding of who pays for "at-risk" development is needed in order to support good
community decision making. This is especially the case for critical facilities, to ensure that critical
facilities be located and built with flood risk in mind. It must become politically "safe" and acceptable to
support the implementation of 500-year (or higher) minimum standards for critical facilities, because
that supports community resilience; rather than oppose implementation of such standards based on local
short-term economic gain at the long-term expense of federal and state taxpayers.
ASFPM Paper - Critical Facilities Page 10 of 12 Approved by the ASFPMBoard 11-10-10
Action item: Fully implement the concepts of "No Adverse Impact" so those who are adversely
impacted by a development, including critical facilities, have a voice in community development
decisions. This same approach can be linked to community infrastructure and the need for that
infrastructure to be operable during disasters so the community is secure. This can be initiated
by such agencies and entities as FEMA, Corps of Engineers, other federal and State agencies,
and by ASFPM, NEMA and NASFMA.
Recommendation 8
Higher minimum standards should be considered for critical facilities. The current 500-year minimum
standard for critical facilities may be insufficient in the 21" Century, just as the 100-year minimum
standard is no longer sufficient for general flood risk management involving structural measures in
urban areas. This could mean moving to a higher standard, such as the 1,000-year standard or to a no
flood risk criteria for critical facilities. This may involve a variable standard depending on the type of
facility and changing local risk conditions, such as those outlined in ASCE 24.
Action item: Leading floodplain and flood risk management organizations, such as ASFPM,
NASFMA, Army Corps of Engineers, and FEMA, acting through the Federal Interagency
Floodplain Management Task force, should debate and determine the appropriate standard for
critical facilities.
ASFPM Paper - Critical Facilities Page 11 of 12 Approved by the ASFPMBoard 11-10-10
Resources
American Society of Civil Engineers, "Flood Resistant Design and Construction," ASCE 24-05. (2006).
American Society of Civil Engineers, "Minimum Design Loads for Buildings and Other Structures,"
ASCE 7-05. (2006).
L.S. Buss. "No Flood RiskA Concept Whose Time Has Come." (2010)
Executive Order No. 11988, "Floodplain Management," 42 Federal Register 26951 (May 24, 1977).
Federal Emergency Management Agency, "Design Considerations for Improving Critical Facility
Functionality during Flood Events," (October 2009).
Federal Emergency Management Agency, "Midwest Floods of 2008 in Iowa and Wisconsin," FEMA P-
765 (October 2009).
Federal Emergency Management Agency, "Risk Management Series, Design Guide for Improving
Hospital Safety in Earthquakes, Floods, and High Winds," FEMA 577 (June 2007).
Federal Emergency Management Agency, "Risk Management Series, Design Guide for Improving
Critical Facility Safety from Flooding and High Winds," FEMA 543 (January 2007).
Federal Emergency Management Agency, "Hurricane Katrina in the Gulf Coast:
Mitigation Assessment Team Report, Building Performance Observations, Recommendations, and
Technical Guidance," FEMA 549 (July 2006).
Water Resources Council, "Floodplain Management Guidelines for Implementing EO 11988," 43
Federal Register 29 (February 10, 1978).
ASFPM Paper - Critical Facilities Page 12 of 12 Approved by the ASFPMBoard 11-10-10
DEPARTMENT OF NATURAL RESOURCES
COLORADO WATER CONSERVATION BOARD
RULES AND REGULATIONS FOR REGULATORY
FLOODPLAINS IN COLORADO
November 17, 2010
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RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO
COLORADO WATER CONSERVATION BOARD
DEPARTMENT OF NATURAL RESOURCES
TABLE OF CONTENTS
Rule Title Pages
1 Rules and Regulations for Regulatory Floodplains in Colorado 3
2 Authority 3
3 Purpose and Scope 3
4 Definitions 4
5 The State Regulatory Floodplain 11
6 Critical Facilities 12
7 Standards for Delineation of the Regulatory Floodplain Information 15
8 Standards for Regulatory Floodways 18
9 Criteria for Determining the Effects of Flood Control Structures on Regulatory 19
Floodplains
10 Criteria for Determining the Effects of Levees on Regulatory Floodplains 21
11 Floodplain Management Regulations 23
12 Effects of Flood Mitigation Measures and Stream Alteration Activities on 23
Regulatory Floodplains
13 Process for Designation and Approval of Regulatory Floodplains 25
14 Designation and Approval of Changes to Regulatory Floodplains 26
15 Variances 27
16 Enforcement of Floodplain Rules and Regulations 28
17 Incorporation by Reference 29
18 Severability 29
19 Recommended Activities for Regulatory Floodplains 29
20 Effective Date 31
Note: Statement of Basis and Purpose follows last page of Rules
2
RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO
Rule 1. Title: The formal title of the previous Rules and Regulations was "Rules and Regulations
for the Designation and Approval of Floodplains and of Storm or Floodwater Runoff
Channels in Colorado" as approved in 1988. The title for these Rules and Regulations was
revised in 2005 to "Rules and Regulations for Regulatory Floodplains in Colorado," and
amended here under the same title (referred to herein collectively as the "Rules" or
individually as "Rule"). These Rules supersede both the 2005 and the 1988 Rules.
Rule 2. Authority: These Rules are promulgated pursuant to the authority granted the Colorado
Water Conservation Board (Board or CWCB) in sections 24-4-103, 24-65.1-101(1)(c)(I),
24-65.1-202(2)(a)(I), 24-65.1-302(2)(a), 24-65.1-403(3), 30-28-111(1)-(2), 31-23-301(1)-
(3), 37-60-106(1), 37-60-106(1)(c)-(g), 0), (k), C.R.S. (2010).
Rule 3. Purpose and Scope:
A. Purpose. The purpose of these Rules is to provide uniform standards for regulatory
floodplains (or floodplains) in Colorado, to provide standards for activities that may impact
regulatory floodplains in Colorado, and to stipulate the process by which floodplains will be
designated and approved by the CWCB. Rules for Regulatory Floodplains are of statewide
concern to the State of Colorado and the Colorado Water Conservation Board in order to
prevent flooding and the negative impacts of floods, as well as to assure public health,
safety, welfare and property by limiting development in floodplains. These Rules will also
assist the CWCB and communities in Colorado to develop sound floodplain management
practices and implement the National Flood Insurance Program (NFIP). These Rules shall
apply throughout the State of Colorado, without regard to whether a community participates
in the National Flood Insurance Program. These Rules shall also apply to activities
conducted by state agencies and to Federal activities that are fully or partially financed by
state funds. These Rules also apply to projects or studies for which the Board has made a
loan or grant pursuant to sections 37-60-120(2) and 3 7-60-12 1 (1)(b)(VII), (IX)(C).
B. Scope
(1) Zoning. These Rules apply to all floodplain information developed for zoning and
for floodplain permitting purposes for waterways in the State of Colorado by, but
not limited to, individuals, corporations, local government agencies, regional
government agencies, state government agencies, Indian tribes, and federal
government agencies.
(2) Subdivisions. These Rules generally apply to the local approval of subdivision
drainage reports that provide 100-year floodplain information. Local governments
should ensure that site-specific floodplain delineations, intended for regulatory
purposes when they are prepared, for development activities are consistent with
floodplain information designated and approved by the Board.
(3) Dam Failure floodplain. These Rules do not apply to the identification of the area
potentially inundated by the catastrophic or sudden failure of any man-made
structure such as a dam, canal, irrigation ditch, pipeline, or other artificial channel.
3
Rule 4. Definitions: The following definitions are applicable to these Rules and Regulations for
Regulatory Floodplain in Colorado:
Term Definition
100-year Flood A flood having a recurrence interval that has a one-
percent chance of being equaled or exceeded during any
given year (1-percent-annual-chance-flood). The terms
"one-hundred-year flood" and "one percent chance flood"
are synonymous with the term "100-year flood." The
term does not imply that the flood will necessarily happen
once every one hundred years.
100-year Floodplain The area of land susceptible to being inundated as a result
of the occurrence of a one-hundred-year flood.
500-year Flood A flood having a recurrence interval that has a 0.2-percent
chance of being equaled or exceeded during any given
year (0.2-percent-chance-annual-flood). The term does
not imply that the flood will necessarily happen once
every five hundred years.
500-year Floodplain The area of land susceptible to being inundated as a result
of the occurrence of a five-hundred-year flood.
Addition Any activity that expands the enclosed footprint or
increases the horizontal square footage of an existing
structure.
Alluvial Fans A fan-shaped sediment deposit formed by a stream that
flows from a steep mountain valley or gorge onto a plain
or the junction of a tributary stream with the main stream.
Alluvial fans contain active stream channels and boulder
bars, and recently abandoned channels. Alluvial fans are
predominantly formed by alluvial deposits and are
modified by infrequent sheet flood, channel avulsions and
other stream processes.
Approximate Floodplain Floodplain information that significantly reduces
Information the level of detail for topographic mapping or hydraulic
calculations to arrive at floodplain delineations without a
comparison of water surface profiles with a topographic
map of compatible accuracy. The level of detail for
hydrology is consistent with that of detailed floodplain
information.
4
Base Flood Is synonymous with 100-year flood and is a flood having
a one percent chance of being equaled or exceeded in any
given year.
Base Flood Elevation (BFE) The elevation shown on a FEMA Flood Insurance Rate
Map for Zones AE, AH, Al-A30, AR, AR/A, AR/AE,
AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that
indicates the water surface elevation resulting from a
flood that has a one percent chance of equaling or
exceeding that level in any given year.
Basin The total land surface area from which precipitation is
conveyed or carried by a stream or system of streams
under the force of gravity and discharged through one or
more outlets.
Channel The physical confine of stream or waterway consisting of
a bed and stream banks, existing in a variety of
geometries.
Channelization The artificial creation, enlargement or realignment of a
stream channel.
Code of Federal Regulations (CFR) The codification of the general and permanent Rules
published in the Federal Register by the executive
departments and agencies of the Federal Government. It is
divided into 50 titles that represent broad areas subject to
Federal regulation.
Colorado Floodplain and The Manual prepared by the CWCB to aid local
Stormwater Criteria Manual officials and engineers in the proper regulation and design
of flood protected facilities. The Manual is advisory,
rather than regulatory, in purpose.
Community Any political subdivision in the state of Colorado that has
authority to adopt and enforce floodplain management
regulations through zoning, including, but not limited to,
cities, towns, unincorporated areas in the counties, Indian
tribes and drainage and flood control districts.
Conditional Letter of Map Revision (CLOMR) FEMA's comment on a proposed project, which
does not revise an effective floodplain map, that would,
upon construction, affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the
modification of the existing regulatory floodplain.
Critical Facility or Critical Facilities Means a structure or related infrastructure, but not the
land on which it is situated, as specified in Rule 6, that if
5
flooded may result in significant hazards to public health
and safety or interrupt essential services and operations
for the community at any time before, during and after a
flood. See Rule 6.
Debris Flow Movement of mud, water, and other materials downward
over sloping terrain. The flow typically consists of a
mixture of soil, rock, woody debris and water that flows
down steep terrain.
Designation and Approval Certification by formal action of the Board that technical
information developed through scientific study using
accepted engineering methods is suitable for local
governments making land use decisions under statutorily
authorized zoning powers.
Detailed Floodplain Information Floodplain information prepared utilizing topographic
base mapping, hydrologic analysis, and hydraulic
calculations to arrive at precise water surface profiles and
floodplain delineations suitable for making land use
decisions under statutorily authorized zoning powers.
Development Any man-made changes to improved or unimproved real
estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
DFIRM Database Database (usually spreadsheets containing data and
analyses that accompany DFIRMs). The FEMA Mapping
Specifications and Guidelines outline requirements for the
development and maintenance of DFIRM databases.
Digital Flood Insurance FEMA digital floodplain map. These digital
Rate Map (DFIRM) maps serve as "regulatory floodplain maps" for insurance
and floodplain management purposes.
Federal Register The official daily publication for Rules, proposed Rules,
and notices of Federal agencies and organizations, as well
as executive orders and other presidential documents.
FEMA Federal Emergency Management Agency.
FEMA Guidelines & Specifications Floodplain mapping specifications published by
for Flood Hazard Mapping Partners FEMA. The FEMA Guidelines and Specifications for
Flood Hazard Mapping Partners (2009) are incorporated
herein by reference and available for viewing at
www.fema.gov/fun/dl_cgs.shtm and for inspection at the
CWCB offices at 1313 Sherman Street, Room 721,
6
Denver CO 8020. The regulations may also be examined
at any state or federal publications depository library.
The FEMA Mapping Specifications and Guidelines
incorporated herein by reference are only those in
existence at the time of the promulgation of these Rules
and Regulations for Regulatory Floodplains in Colorado
and do not include later amendments to or editions of the
incorporated material.
"Flood" or "Flooding" A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of water from channels and reservoir
spillways;
2. The unusual and rapid accumulation or runoff of
surface waters from any source; or
3. Mudslides or mudflows that occur from excess
surface water that is combined with mud or other
debris that is sufficiently fluid so as to flow over the
surface of normally dry land areas (such as earth
carried by a current of water and deposited along the
path of the current.
Flood Contour A line shown on a map joining points of equal elevation
on the surface of floodwater that is perpendicular to the
direction of flow.
Flood Control Structure A physical structure designed and built expressly or
partially for the purpose of reducing, redirecting, or
guiding flood flows along a particular waterway.
Flood Insurance Rate Map (FIRM) A FIRM is the official map of a community on which
FEMA has delineated both the special hazard areas and
the risk premium zones applicable to the community.
Flood Mitigation Project A project within or adjacent to a flooding source that is
specifically intended to reduce or eliminate the negative
impacts caused by excessive floodwaters through
improvement of drainage, flood control, flood conveyance
or flood protection.
Floodplain The area of land that could be inundated as a result of a
flood, including the area of land over which floodwater
would flow from the spillway of a reservoir.
Floodplain Management The operation of an overall program of corrective and
preventive measures for reducing flood damage,
including, but not limited to, zoning or land-use
7
regulations, flood control works, and emergency
preparedness plans.
Floodplain Management Regulations Zoning ordinances, subdivision regulations, building
codes, health regulations, land-use permits, special
purpose ordinances (floodplain ordinance, grading
ordinance, or erosion control ordinance) and other
applications of regulatory powers. The term describes
state/local regulations that provide standards for flood
damage preservation and reduction.
Floodplain Maps Maps that show in a plan view the horizontal boundary of
floods of various magnitudes or frequencies. Such maps
include, but are not limited to, Flood Hazard Boundary
Maps (FHBM), Flood Insurance Rate Maps (FIRM), and
Digital Flood Insurance Rate Maps (DFIRM) published
by FEMA, Flood Prone Area Maps published by the U.S.
Geological Survey (USGS), Flooded Area Maps
published by the U. S. Army Corps of Engineers (COE),
Floodplain Information Reports published by the CWCB
or others, Flood Hazard Area Delineations (FHAD)
published by the Urban Drainage and Flood Control
District (UDFCD), and other locally adopted floodplain
studies and master plans.
Floodplain Studies A formal presentation of the study process, results, and
technical support information developed for floodplain
maps.
Floodway The channel of a river or other watercourse and the
adjacent land areas that must be kept free of obstructions
in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a
designated height.
Foreseeable Development The potential future development of, or changes in, the
land uses that are likely to take place during the period of
time covered by a community's adopted master land use
plan or comprehensive community plan, or if no time
period is specified, over a 20-year period. If there is no
adopted community plan, then potential development
patterns based on zoning, annexations, and other relevant
factors should be evaluated.
Freeboard The vertical distance in feet above a predicted water
surface elevation intended to provide a margin of safety to
compensate for unknown factors that could contribute to
flood heights greater than the height calculated for a
8
selected size flood such as debris blockage of bridge
openings and the increased runoff due to urbanization of
the watershed.
Geographic Information Computer software that utilizes databases and
Systems (G.I.S.) terrain mapping to store and display spacial and tabular
data, such as floodplains, as layers (e.g. political
boundaries, roadways, structures, topographic
information) for natural resource management and other
uses.
Hydraulic analysis The determination of flood elevations and velocities for
various probabilities based on a scientific analysis of the
movement and behavior of floodwaters in channels and
overbank areas.
Hydrologic Analysis The computation of the peak rate of flow, or discharge in
cubic feet per second, for various selected probabilities
for streams, channels, or watersheds based on a scientific
analysis of the physical process.
Letter of Map Revision (LOMR) An official revision to the currently effective FEMA map.
It is issued by FEMA and changes flood zones,
delineations, and elevations.
Letter of Map Revision Based on Fill
(LOMR-F) FEMA's modification of the Special Flood Hazard Area
(SFHA) shown on the Flood Insurance Rate Map (FIRM)
based on the placement of fill outside the existing
regulatory floodway.
Levee An artificial structure or land feature that has been
designed and is operated, wholly or in part, for the
purpose of containing, controlling, or diverting the flow
of water.
Low Impact Development (LID) Development design/construction strategy that maintains
the predevelopment hydrologic regime to the extent
possible. The goal of LID is to mimic the natural runoff
hydrograph as much as practicable in terms of magnitude,
frequency, duration, timing, and rate of change of stream
flows. LID focuses on small scale stormwater retention
and detention, reduced impervious areas, and increased
runoff periods.
Material Safety Data Sheet (MSDS) A form with data regarding the properties of a particular
substance. An important component of product
stewardship and workplace safety, it is intended to
9
provide workers and emergency personnel with
procedures for handling or working with that substance in
a safe manner, and includes information such as physical
data (melting point, boiling point, flash point, etc.),
toxicity, health effects, first aid, reactivity, storage,
disposal, protective equipment, and spill-handling
procedures.
Mitigation The process of preventing disasters or reducing related
hazards. Structural Mitigation, includes, but is not limited
to, flood proofing structures, diverting floodwaters,
detention ponds, floodwalls or levees. Nonstructural
Mitigation includes, but is not limited to, education,
planning, and design of flood prevention measures,
emergency preparedness plans, elevating relocating
structures, purchasing property for open space, or early
flood warning detection systems.
National Flood Insurance FEMA's program of flood insurance coverage
Program (NFIP) and floodplain management administered in conjunction
with the Robert T. Stafford Disaster Relief and
Emergency Assistance Act. The NFIP has applicable
Federal regulations promulgated in Title 44 of the Code
of Federal Regulations. The U.S. Congress established the
NFIP in 1968 with the passage of the National Flood
Insurance Act of 1968.
Post-Wildfire Hydrology Methodologies and calculations developed to account for
the increased stormwater runoff following forest fires.
Post-wildfire hydrology is typically evaluated every 3 to 5
years to assess the need for further revision based on
watershed recovery, forest re-growth, and other factors.
Provisionally Accredited Levee (PAL) A levee that FEMA has previously credited with
providing protection from a 1-percent-chance-annual-
flood on an effective FIRM or DFIRM, for which FEMA
is awaiting data and/or documentation that will show the
Levee's compliance with Levee certification requirements
of the NFIP regulations.
Regulatory Floodplain Floodplain Maps, Profiles, and related information for
flood hazard areas that have been designated and
approved by the CWCB. See Rule 5.
Residual Risk The threat to the areas behind levees that may still be at
risk for flooding. Although the probability of flooding
may be lower because a levee exists, the consequence to
10
personal safety and property is much higher should a
levee overtop or fail.
Stream Alteration Activity Any manmade activity within a stream or floodplain that
alters the natural channel, geometry, or flow
characteristics of the stream.
Substantial Change Any improvement to, or rehabilitation due to damage of, a
structure for which the activity performed equals or
exceeds 50% of the pre-improvement or pre-damaged
value of the structure. The value of the structure shall be
determined by the local jurisdiction having land use
authority in the area of interest.
Threshold Planning Quantity (TPQ) A quantity designated for each chemical on the list of
extremely hazardous substances that triggers notification
by facilities to the State that such facilities are subject to
emergency planning requirements.
Topography Configuration (relief) of the land surface elevation; the
graphic delineation or portrayal of that configuration in
map form, as by lines of constant elevation called contour
lines.
Use Change Any change in the primary use of a facility.
Water Surface Profile A graph that shows the relationship between the vertical
elevation of the top of the floodwater and of the
streambed with the horizontal distance along the stream
channel.
Rule 5. Regulatory Floodplain: The Regulatory Floodplain in Colorado is the 100-year
floodplain. However, the CWCB will Designate and Approve 500-year floodplain
information but only at the written request of a local authority having land use jurisdiction.
In addition, previously designated floodplain areas that have been removed from FEMA's
effective regulatory floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall
remain within the Regulatory Floodplain for all activities affected by Rule 11(c). All
Designated and Approved Regulatory Floodplain information can be used by local
authorities having land use jurisdiction for the purpose of local regulation. The General
Assembly has deemed the designation of floodplains a matter of statewide importance and
interest and gave the CWCB the responsibility for the designation of Regulatory
Floodplains and to assure protection of public health, safety, welfare and property by
protecting development in the Regulatory Floodplains. 24-65.1-101, 24-65.1-
202(2)(a)(I), 24-65.1-302(1)(b), (2)(a), 24-65.1-403(3), 24-65.1-404(3).
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Rule 6. Critical Facilities:
A. Classification: Critical Facilities are classified under the following categories: (1) Essential
Services; (2) Hazardous Materials; (3) At-risk Populations; and (4) Vital to Restoring Normal
Services.
(1) Essential services facilities include public safety, emergency response, emergency
medical, designated emergency shelters, communications, public utility plant facilities,
and transportation lifelines.
These facilities consist of:
a. Public safety (police stations, fire and rescue stations, emergency vehicle and
equipment storage, and, emergency operation centers);
b. Emergency medical (hospitals, ambulance service centers, urgent care centers
having emergency treatment functions, and non-ambulatory surgical structures but
excluding clinics, doctors offices, and non-urgent care medical structures that do
not provide these functions);
c. Designated emergency shelters;
d. Communications (main hubs for telephone, broadcasting equipment for cable
systems, satellite dish systems, cellular systems, television, radio, and other
emergency warning systems, but excluding towers, poles, lines, cables, and
conduits);
e. Public utility plant facilities for° generation and distribution ( hubs, treatment
plants, substations and pitmping stations for water; power and gas, but not
including towers, poles, power lines, buried pipelines, transmission lines,
distribution lines, and service lines); and
f. Air Transportation lifelines (airports (municipal and larger), helicopter pads and
structures serving emergency functions, and associated infrastructure (aviation
control towers, air traffic control centers, and emergency equipment aircraft
hangars).
Specific exemptions to this category include wastewater treatment plants (WWTP),
Non-Potable water treatment and distribution systems, and hydroelectric power
generating plants and related appurtenances.. Owners of these facilities are encouraged
to meet the spirit of Rule 6(D) when practicable in order to protect their own
infrastructure and to avoid system failures during extreme flood events. Emergency
restoring plans following major flood events should be considered as a prudent addition
to operation and maintenance plans for those facilities.
Public utility plant facilities may be exempted if it is demonstrated to the satisfaction of
the local authority having jurisdiction that the facility is an element of a redundant
system for which service will not be interrupted during a flood. At a minimum, it shall
be demonstrated that redundant facilities are available (either owned by the same utility
or available through an intergovernmental agreement or other contract) and connected,
the alternative facilities are either located outside of the 100-year floodplain or are
compliant with this rule, and an operations plan is in effect that states how redundant
systems will provide service to the affected area in the event of a flood. Evidence of
ongoing redundancy shall be provided to the local authority on an as-needed basis upon
request by that local authority.
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(2) Hazardous materials facilities include facilities that produce or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials.
These facilities may include:
a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical
manufacturing);
b. Laboratories containing highly volatile, flammable, explosive, toxic and/or water-
reactive materials;
c. Refineries;
d. Hazardous waste storage and disposal sites; and
e. Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be Critical Facilities if they produce or store materials
in excess of threshold limits. If the owner of a facility is required by the Occupational
Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet
(MSDS) on file for any chemicals stored or used in the work place, AND the
chemical(s) is stored in quantities equal to or greater than the Threshold Planning
Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical
Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed
(whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also
known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other
chemical. This threshold is consistent with the requirements for reportable chemicals
established by the Colorado Department of Health and Environment. OSHA
requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental
Protection Agency (EPA) regulation "Designation, Reportable Quantities, and
Notification," 40 C.F.R. § 302 (2010), available at
http://www.access.gpo.gov/nara/cfr/waisidx_03/40efr302_03.html, and OSHA
regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010),
available at http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfrl910_99.html., are
incorporated herein by reference and include the regulations in existence at the time
of the promulgation of these Rules, but exclude later amendments to or editions of
the regulations.
Specific exemptions to this category include: a) Finished consumer products within
retail centers and households containing hazardous materials intended for household
use, and agricultural products intended for agricultural use. b) Buildings and other
structures containing hazardous materials for which it can be demonstrated to the
satisfaction of the local authority having jurisdiction by hazard assessment and
certification by a qualified professional (as detenmined by the local jurisdiction having
land use authority) that a release of the subject hazardous material does not pose a
major threat to the public. c) Pharmaceutical sales, use, storage, and distribution centers
that do not manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also function as
Critical Facilities under another category outlined in this Rule 6(A).
(3) At-risk population facilities include medical care, congregate care, and schools.
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These facilities consist of:
a. Elder care ( nursing homes);
b. Congregate care serving 12 or more individuals (day care and assisted living);
c. Public and private schools (pre-schools, K-12 schools), before-school and after-
school care serving 12 or more children);
(4) Facilities vital to restoring normal services including government operations.
These facilities consist of:
a. Essential government operations (public records, courts, jails, building permitting
and inspection services, community administration and management, maintenance
and equipment centers);
b. Essential structures for public colleges and universities (dormitories, offices, and
classrooms only);
These facilities may be exempted if it is demonstrated to the satisfaction of the local
authority having jurisdiction that the facility is an element of a redundant system for
which service will not be interrupted during a flood. At a minimum, it shall be
demonstrated that redundant facilities are available (either owned by the same entity or
available through an intergovernmental agreement or other contract), the alternative
facilities are either located outside of the 100-year floodplain or are compliant with this
rule, and an operations plan is in effect that states how redundant facilities will provide
service to the affected area in the event of a flood. Evidence of ongoing redundancy
shall be provided to the local authority on an as-needed basis upon request by that local
authority.
B. Identification of Critical Facilities. It is the responsibility of the local jurisdiction having
land use authority to identify and confirm that specific structures in their community meet
the criteria outlined in Rule 6(A) and are deemed to be Critical Facilities. All structures
that clearly meet the intent of Rule 6 shall be deemed Critical Facilities by that jurisdiction.
For those structures for which it is unclear or otherwise ambiguous if the criteria are met,
the local jurisdiction shall have the sole discretion to determine if the structure is a Critical
Facility. Local jurisdictions may adopt ordinances that regulate to higher standards or that
include additional facilities within the definition of Critical Facilities. Critical Facilities that
are also designated as historic structures (determinations by the State Historic Preservation
Office) are exempt from these requirements. Pursuant to section 24-65.1-202(2)(a)(I)(A),
C.R.S. (2010), open space activities such as agriculture, horticulture, floriculture,
recreation, and mineral extraction, including oil and gas activities, shall be encouraged in
the floodplain, and are exempt as Critical Facilities unless provisions within Rule 6(A)(2)
apply.
Required identification of Critical Facilities shall be limited to owner-occupied structures.
Local jurisdictions may, at their sole discretion, include leased facilities in their
identification of Critical Facilities.
C. 500-year Flood Events. The CWCB acknowledges that flooding does occur above and
beyond 100-year (1 % annual chance) events. Communities are encouraged to regulate
development of Critical Facilities within the 500-year floodplain, when available.
14
D. Protection of Critical Facilities. All new and Substantially Changed Critical Facilities,
and new Additions to Critical Facilities, shall be regulated to a higher standard than those
structures not determined to be Critical Facilities. Local jurisdictions having land use
authority are encouraged to consult with the owner of the Critical Facility in determining
the value of the Critical Facility when a Substantial Change is being considered. This Rule
6 shall be applied to a Use Change if the new use meets the provisions within Rule 6(A).
Further, although Rule 6 shall apply to new Additions made at Critical Facilities, it shall
only apply to the new Additions, and not the Critical Facility to the extent the Critical
Facility existed prior to the amendment of these Rules. The higher standard for Critical
Facilities shall be as follows: For Critical Facilities located within the 100-Year
Floodplain, the structure shall be protected according to Rule 11(B) herein, with the
exception of a freeboard of two feet substituted for the standard one-foot freeboard. The
International Building Code (2006) and Flood Resistant Design and Construction (ASCE
24) (2005) can be used as reference tools for this standard, but are not incorporated by
reference herein.
For the purposes of this Rule 6(D), protection shall include one of the following:
a) Location outside the Regulatory Floodplain; or
b) Elevation or Flood-proofing of the structure so that it is protected to the level
indicated in this Rule 6(D).
Unimproved lands associated with a Critical Facility that lie within a regulatory floodplain
shall not be subject to this requirement, until future development takes place on those lands.
Likewise, if an undeveloped portion of a facility's property lies within a Regulatory
Floodplain, but the developed portion of that facility lies outside of the Regulatory
Floodplain, then that facility shall not be classified as a Critical Facility. All other rules and
regulations governing structures not deemed Critical Facilities remain in effect and
unchanged.
E. Ingress and Egress for New Critical Facilities shall, when practicable as determined by
the local jurisdiction having land use authority, have continuous non-inundated access
(ingress and egress for evacuation and emergency services) during a 100-year flood event.
This criterion is also recommended, but not required, for changes to existing Critical
Facilities and use changes involving existing structures whose classification changes to
Critical Facilities.
F. For all Critical Facilities, the Variance procedure outlined in Rule 15 herein remains
available and may be considered when deemed necessary and appropriate by the local
jurisdiction having land use authority over the Critical Facility.
Rule 7. Standards for Delineation of Regulatory Floodplain Information:
A. Intent of this Rule. This Rule contains standards for approximate and detailed floodplains.
All floodplain information intended to be used by local jurisdictions for the purpose
regulating flood hazard areas, with the exception of local stormwater drainage reports,
15
CLOMR, LOMR, and LOMR-F submittals, and supporting documentation submitted to
FEMA, shall be provided to the CWCB for designation and approval in order to enable
local governments to regulate floodplains appropriately. The standards in this rule
reference, and incorporate herein, the FEMA Guidelines and Specifications for Flood
Hazard Mapping Partners. Whenever such a reference is made, it includes the FEMA
Guidelines and Specifications for Flood Hazard Mapping Partners material in existence at
the time of the promulgation of these Rules, but excludes later amendments to or editions of
the material.
B. Level of Detail.
(1) Approximate Floodplain Information will be based on detailed hydrology
computed for 100-year floods. Hydraulic information shall be produced using
approximate, field, or limited techniques and best available topographic/survey
data.
(2) Detailed Floodplain Information will be based on detailed hydrologic and hydraulic
determinations for 100-year floods Flood profiles and floodplain delineations for
100-year flood and other frequencies, if any, shall be plotted, preferably using a
digital method. The CWCB shall designate and approve 100-year floodplain
information, and 500-year information but only at the request of a local authority
having land use jurisdiction.
C. Base Mapping. Base mapping for floodplain studies shall meet the minimum standards as
set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as
incorporated herein by reference.
D. Topography and Surveys. Topographic and field survey information for floodplain studies
shall meet the minimum standards as set forth in FEMA Guidelines and Specifications for
Flood Hazard Mapping Partners, as incorporated herein by reference.
E. Geographic Information Systems (GIS). GIS information for floodplain studies in
Colorado shall meet the minimum standards as set forth in FEMA Guidelines and
Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference.
F. Hydrology. Hydrologic analyses for floodplain studies in Colorado shall be completed
using the information set forth in FEMA Guidelines and Specifications for Flood Hazard
Mapping Partners, as incorporated herein by reference. The Colorado Floodplain and
Criteria Manual may be used as a reference document to aid in this analysis. In addition,
hydrology studies must comply with the following:
(1) All floodplain studies, regardless of the level of detail, (e.g., approximate or
detailed) shall utilize detailed hydrologic information. The CWCB recognizes
existing and future watershed conditions for the purposes of computing flood
hydrology. The CWCB may evaluate future watershed conditions, in addition to
existing conditions when Foreseeable Development is expected.
(2) Any new study to evaluate hydrologic information and/or design storm criteria
shall be completed in such a way that it is scientifically defensible and technically
reproducible.
(3) All jurisdictions and communities affected by revised hydrologic data, due to their
geographic proximity to the affected stream reach within a particular watershed,
16
are encouraged to participate in the update process, and shall be given the
opportunity by the study sponsor to review and comment on the revised
information. Opponents to the revised information may present technically
accurate and sound scientific data to the CWCB that clearly demonstrates that the
information in question is inaccurate pursuant to Rule 12. The CWCB shall make
the final determination regarding disputes.
(4) Within any given watershed, or hydrologic subregion, consistency in hydrologic
data and runoff methodology shall be pursued to the extent possible through
cooperation of all affected jurisdictions and entities.
G. Detailed Hydraulic Method. Hydraulic analyses for floodplain studies in Colorado shall
be completed using protocols set forth in FEMA Guidelines and Specifications for Flood
Hazard Mapping Partners, as incorporated herein by reference.
H. Floodplain Delineations. Floodplain delineations shall be completed using protocols set
forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as
incorporated herein by reference, and shall, at a minimum, comply with the technical
quality assurance standards as follows:
(1) The flood elevations and the floodplain delineations on the maps must correlate
reasonably to the best available topographic information for the stream and
adjacent corridor and must meet an acceptable level of technical accuracy.
(2) The planimetric features on the floodplain maps (including, but not limited to,
streets and highways, stream centerlines, bridges and other critical hydraulic
features, corporate limits, section lines and corners, survey benchmarks) must be
consistent with the best available aerial photographs or other suitable information
for the stream and the adjacent corridor, as determined through prevailing industry
practices, and must meet an acceptable level of technical accuracy.
1. Special Floodplain Conditions. There are a number of special floodplain conditions, or
natural flood hazards, in Colorado that fall outside of the standard riverine environment.
Studies for the 100-year flood involving special conditions shall be completed using
protocols set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping
Partners, as incorporated herein by reference. The special conditions are:
(1) Alluvial Fan and Debris Flow floodplains located within foothill and mountainous
regions of Colorado shall be considered on a case-by-case basis.
(2) Post-wildfire hydrology shall be evaluated on a case-by-case basis in forested areas
immediately following moderate to intense wildfires resulting in approximately
15% or greater burn area of the affected watershed. Interim flood advisory maps,
based on burned watershed conditions, shall be produced at the request of the local
governing authority or by Board initiative. The interim floodplain maps shall show
increased runoff from hydrophobic soils and lack of vegetation. The post-wildfire
maps shall be evaluated every 3 to 5 years to assess the need for further revision
based on watershed recovery, forest re-growth, and other factors.
(3) Ice jam flooding shall be considered within stream reaches where this phenomenon
is known to occur. Ice jam flooding maybe analyzed utilizing methodologies
17
available through the U.S. Army Corps of Engineers Cold Regions Research and
Engineering Laboratory (CRREL), located in Hanover, New Hampshire.
J. Written reports and maps. The results of the hydrologic analyses, hydraulic analyses, and
floodplain delineations shall be summarized in a written report and submitted to the
CWCB. All Approximate and Detailed Floodplain Information that is presented to the
CWCB for designation and approval shall be properly titled, dated, organized, and bound as
a stand-alone document. In addition to the hard copy final report, the CWCB requires that a
digital copy of the final report be submitted in MS Word and PDF formats. All pertinent
technical backup data such as GIS files, and hydrologic and hydraulic models shall also be
provided to the CWCB in acceptable digital formats. The CWCB shall electronically
distribute to interested parties, to the extent possible, pertinent study information. Access to
original GIS information shall be provided to local governments and other authorized users
through a secure and protected website or other secure means.
(1) The Regulatory Floodplain maps shall show, at a minimum, the flood boundaries,
the location of all cross sections used in the hydraulic analysis, the reference line
drawn down the center of the floodplain or low flow channel, and a sufficient
number of flood contours in order to reconstruct the flood water surface profiles.
(2) New Physical Map Revisions requested by local jurisdictions or involving local
jurisdictions should include detailed 500-year floodplain information when
practicable.
(3) Flood contours, or Base Flood Elevations, shall be shown as wavy lines drawn
perpendicular to the direction of flow of floodwater and shall extend completely
across the area of the mapped Regulatory Floodplain. Each flood contour shall
indicate its elevation to the nearest whole foot.
(4) The Regulatory Floodplain map scale shall be 1-inch equals 1000 feet or such map
scale showing greater detail. FEMA map panels may also be published at 1 inch
equals 500 feet, 1 inch equals 1,000 feet or 1 inch equals 2000 feet.
(5) Where discrepancies appear between Regulatory Floodplain maps and water
surface profiles, any regulatory water surface profile designated and approved by
the Board shall take precedence over any corresponding flooded area map for the
same stream reach or site location, unless a profile error is identified and
substantiated.
K. Contractor Qualifications
(1) Qualified engineers licensed in Colorado shall direct or supervise the floodplain
mapping studies and projects pertaining to the Regulatory Floodplain. All
floodplain maps, reports and project designs pertaining to the Regulatory
Floodplain, except those prepared by federal agencies, shall be certified and sealed
by the Colorado Registered Professional Engineer of record.
(2) Federal agencies or other recognized and qualified government authorities may
produce floodplain mapping work as a study proponent or on behalf of a study
proponent.
Rule 8. Standards for Regulatory Floodways:
18
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 1/2 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 1/i-foot rise criteria. Letters of Map Revision to existing floodway
delineations may continue to use the floodway criteria in place at the time of the existing
floodway delineation. Until such time that floodways are revised and designated,
communities may continue to regulate their mapped one-foot floodways. For reaches
where a transition must be shown to connect new studies to existing studies with different
floodway criteria, the transition length shall not exceed 2,000 feet.
B. Designation of floodways. Designation and approval of Floodplain information shall also
include the designation and approval of corresponding Floodway Information. For
waterways with Base Flood Elevations for which Floodways are not computed, the
community shall apply a 1/2 foot floodway regulation according to its own determination, as
outlined in FEMA Regulation 44 C.F.R. § 60.3(c)(10) (20 1 0),incorporated herein by
reference, for a 1-foot floodway. This reference is available at
http://ivww.access.gpo.gov/nara/cfrhvaisidx_02/44cfr6O_O2.html,. and is hereby
incorporated by reference into this Rule and includes the material in existence at the time of
the promulgation of these Rules, but does not include later amendments to or editions of
this incorporated material
C. Incorporation of FEMA's Floodway Regulations. All regulations defined in the FEMA
regulations "Criteria for Land Management and Use," 44 C.F.R. § 60.3(c)(10), (d) (2010)
available at http://www.access.gpo.gov/nara/cfr/waisidx_02/44cfr60_02.html,_ are hereby
incorporated by reference into this Rule and includes the material in existence at the time of
the promulgation of these Rules, but does not include later amendments to or editions of
this incorporated material. All communities participating in the National Flood Insurance
Program that have Base Flood Elevations defined for one or more of the waterways within
their jurisdictions shall adopt and enforce these floodway regulations. Failure to enforce
floodway regulations may impact the community's standing in the National Flood
Insurance Program and may eliminate or reduce eligibility for federal or state financial
assistance for flood mitigation and disaster purposes.
D. Communities in Which This Rule Applies. Communities with Regulatory Floodplains
that have been Designated and Approved by the CWCB with Base Flood Elevations
defined for one or more of the waterways within their jurisdictions shall be required to
establish technical (quantified) surcharge criteria for floodway determination and
regulation, which must meet or exceed the requirements set forth in this Rule. This Rule
shall not apply in communities without Base Flood Elevations established, unless otherwise
adopted by the community. This Rule shall not apply to approximate stream reaches for
which Base Flood Elevations have not been defined.
Rule 9. Criteria for Determining the Effects of Flood Control Structures on Regulatory
Floodplains:
19
A. For the purposes of this Rule, local and regional hydraulic structures providing local or
regional flood or stormwater detention, shall be considered to be "Flood Control
Structures." There are no separate criteria for these structures.
B. Flood Control Structures. If a publicly operated and maintained structure is specifically
designed and operated either in whole or in part for flood control purposes, then its effects
shall be taken into consideration when delineating the floodplain below such structure. The
effects of the structure shall be based upon the 100-Year Flood with full credit given to the
diminution of peak flood discharges, which would result from normal Flood Control
Structure operating procedures.
The hydrologic analysis pertaining to State Regulatory Floodplains shall consider the
effects of on-site detention for rooftops, parking lots, highways, road fills, railroad
embankments, diversion structures, refuse embankments (including, but not limited to, solid
waste disposal facilities), mill tailings, impoundments, siltation ponds, livestock water
tanks, erosion control structures, or other structures, only if they have been designed and
constructed with the purpose of impounding water for flood detention and are publicly
operated and maintained. For the purposes of this Rule, Public operation and maintenance
may include direct responsibility or ultimate responsibility through written agreement.
Detention structures that are privately operated or maintained shall not be included in the
hydrologic analysis unless it can be shown that they exacerbate downstream peak
discharges.
C. Non-Flood Control Structures. If a structure is not specifically designed and operated,
either in whole or in part, for flood control purposes, then its effects, even if it provides
inadvertent flood routing capabilities that reduce the 100-Year Flood downstream, shall not
be taken into account, and the delineation of the Floodplain below such structure shall be
based upon the 100-Year Flood that could occur absent the structure's influence.
However, if adequate assurances have been obtained to preserve the flood routing
capabilities of such structure, then the delineation of the Floodplain below the structure
may, but need not, be based on the assumption that the reservoir formed by the structure
will be filled to the elevation of the structure's emergency spillway and the 100-Year
hydrology can be routed through the reservoir to account for any flood attenuation effects.
D. Adequate Assurances. For the purposes of this Rule 9 "adequate assurances" shall, at a
minimum, include appropriate recognition in the community's adopted master plan of. (1)
the flood routing capability of the reservoir, as shown by comparison of the 100-Year
Floodplain in plan and profile with and without the structure in place, in order that the
public may be made aware of the potential change in level of Flood protection in the event
that the reservoir flood routing capability is lost; (2) the need to preserve that flood routing
capability by whatever means available in the event that the reservoir owners attempt to
make changes that would decrease the flood routing capability; and (3) a complete
operations and maintenance plan.
E. Irrigation Facilities. The CWCB recommends that irrigation facilities (including, but not
limited to, ditches and canals) not be used as stormwater or flood conveyance facilities,
unless specifically approved and designated by local governing jurisdictions and approved
by the irrigation facility owners. The flood conveyance capacity of irrigation facilities shall
20
be acknowledged only by agreement between the facility owners and local governing
jurisdictions, with review and concurrence from the Colorado Division of Water Resources
to ensure that water rights administration needs are properly considered. A maintenance
easement or agreement shall be in place allowing the local government maintenance access
if needed.
Unless specified otherwise by aforementioned written agreement, flood hydrology for State
Regulatory Floodplain mapping purposes shall consist of peak hydrologic flows that are
identical immediately downstream and immediately upstream of a ditch or canal that is
generally perpendicular to the stream or drainageway of interest. The irrigation facility shall
be assumed as running full so that there are no computed flood reduction benefits
downstream of the irrigation facility. Backwater behind irrigation facilities shall be
mapped. The CWCB will designate and approve 100-Year Floodplain information for
irrigation facilities if the above recommendations are met. This Rule is not intended in any
way to interfere with Colorado water law.
Rule 10. Criteria for Determining Effects of Levees on Regulatory Floodplains:
General. The use of levees for property protection, flood control, and flood hazard
mitigation is not encouraged by the CWCB, unless other mitigation alternatives are not
viable. The areas landward of an accredited levee and Provisionally Accredited Levee
(PAL) system shall be mapped as Zone X (shaded). The Digital Flood Insurance Rate
Maps (DFIRMs) for these areas will include an informational note that advises users of the
flood risk in levee-impacted areas. In situations where levees are the only viable alternative
for protection of existing development, "setback" levees should be designed and
constructed to maintain the natural channel and reserve a portion of the natural floodplain
capacity. Levees should not be used for flood protection along streams or watercourses
where new development is planned. However, levees may be used to protect public utility
plant facilities for wastewater treatment and pumping as well as electric power plants due to
their close proximity to natural waterways. For existing levees that protect existing
development, proper maintenance should be performed by levee owners/operators, or non-
federal sponsors in the case of federal levees, according to an operations and maintenance
plan.
Levees should not be constructed for the primary purpose of removing undeveloped lands
from mapped floodplain areas for the purposes of developing those lands because of the
potential impairment of the health, safety, welfare and property of the people. Design and
construction of levees identified for this purpose will not be eligible for CWCB grants or
loans.
When constructed, levees for which protection will be considered for designation and
approval must meet the requirements set forth in "Mapping of Areas Protected by Levee
Systems,"44 C.F.R. § 65.10 (2010). Artificial embankments that either function as a Levee
or a Flood Control Structure must meet the provisions of this Rule or "Office of the State
Engineer Rules and Regulations for Dam Safety and Dam Construction," 2 C.C.R. § 402-1
(2010), respectively, in order to be considered as providing protection. 44 C.F.R. § 65.10
(2010), available at http://www.access.gpo.gov/nara/cfr/waisidx_02/44cfr65_02.html, and
2 C.C.R. § 402-1 (2010), available at http://water.state.co.us/pubs/rule_reg/ds_rules07.pdf,
21
are hereby incorporated by reference and include the incorporated material in each in
existence at the time of the promulgation of these Rules, but do not include later
amendments to or editions of either.
A. Maintenance. An Operating and Maintenance manual that ensures continuing proper
function of the structure shall be prepared and updated. The levee shall be structurally
sound and adequately maintained. Sedimentation effects shall be considered for all levee
projects. Certification from a federal agency, state agency, or a Colorado Registered
Professional Engineer that the levee meets the minimum freeboard criteria, as stated above,
and that it appears, on visual inspection, to be structurally sound and adequately maintained
shall be required on a three-year basis and provided to the CWCB. Levees that have
obvious structural defects or that are obviously lacking in proper maintenance shall not be
considered in the hydraulic analysis.
B. Ownership. Privately-operated or maintained levee systems will not be considered in the
hydraulic analysis performed pursuant to Rule 7 unless a local ordinance mandates
operation and maintenance of the levee system and the criteria set forth below are met.
Levees for which the community, State, or Federal government has responsibility for
operations and maintenance will be considered, provided that the criteria set forth below are
met. Privately-owned levee systems shall only be considered in the hydraulic analysis if a
fully executed agreement exists between the levee owner and a governmental entity
enabling unrestricted access to the governmental entity for the purposes of inspection and
maintenance and gives the governmental entity responsibility for maintenance. A copy of
the executed agreement shall be provided to the Board and the Board shall be notified in
writing of any changes made to this agreement.
C. Freeboard. A minimum levee freeboard of 3 feet shall be necessary, with an additional 1-
foot of freeboard within 100 feet of either side of hydraulic structures within the levee or
wherever the flow is constricted, such as at bridges. An additional 0.5-foot above this
minimum is also required at the upstream end of the levee.
D. Interior Drainage. In cases where levees are mapped as providing 100-year protection the
adequacy of interior drainage systems, on the landward side of the levee, shall be evaluated.
Areas subject to flooding from inadequate interior drainage behind levees will be mapped
using standard procedures.
E. Human Intervention and Operation. In general, evaluation of levees shall not consider
human intervention (e.g., capping of levees by sandbagging, earth fill, or flashboards) for
the purpose of increasing a levee's design level of protection during an imminent flood.
Human intervention shall only be considered for the operation of closure structures (e.g.,
gates or stop logs) in a levee system designed to provide at least 100-year flood protection,
including adequate freeboard as described above, provided that such human operation is
specifically included in an emergency response plan adopted by the community.
F. Analysis. For areas protected by a levee providing less than 100-year protection (e.g., 10-
year protection), flood elevations shall be computed as if the levee did not exist. For the
unprotected area between the levee and the source of flooding, the elevations to be shown
shall be obtained from either the flood profile that would exist at the time levee overtopping
22
begins or the profile computed as if the levee did not exist, whichever is higher. This
procedure recognizes the increase in flood elevation in the unprotected area that is caused
by the levee itself. This procedure may result in flood elevations being shown as several
feet higher on one side of the levee than on the other. Both profiles shall be shown in the
final report and labeled as "before levee overtopping" and "after levee overtopping"
respectively.
Rule 11. Floodplain Management Regulations:
A. Compliance with Minimum Standards of the National Flood Insurance Program.
Each community in the State of Colorado shall comply with the minimum floodplain
criteria set forth in the FEMA regulation"Criteria for Land Management and Use,"44
C.F.R. 60.3-60.5 (2010), unless more restrictive standards have been adopted as set
forth in Rules 1 through 20 of these Rules and Regulations for Regulatory Floodplains in
Colorado or pursuant to regulations adopted by the local community. These Rules do not
apply to local stormwater or local storm drainage studies where riverine flooding sources
are not considered. 44 C.F.R. 60.3-60.5 (2010) available at
http://Nvww.access.gpo.gov/nara/cfr/waisidx-02/44cfr60 02.html, are hereby incorporated
by reference and include the material in existence at the time of the promulgation of these
Rules, but do not include later amendments to or editions of the material.
B. Minimum Freeboard. A minimum freeboard of one foot above the 100-year flood
elevation (Base Flood Elevation) shall apply to structures in the floodplain as follows:
(1) Residential Structures. New and Substantially Changed residential structures, and
Additions to existing residential structures shall be constructed with the lowest
floor, including basements, placed with a minimum of one foot of freeboard above
the Base Flood Elevation.
(2) Non-residential Structures. New and Substantially Changed non-residential
structures, and Additions to existing non-residential structures shall be constructed
with the lowest floor, including basements, placed with a minimum of one foot of
freeboard above the Base Flood Elevation, or be flood-proofed to an elevation at
least one foot above the Base Flood Elevation. Agricultural structures shall be
exempt from this requirement.
Critical Facilities shall be regulated according to Rule 6.D. This rule does not affect
the freeboard requirement for levees described in Rule 10.C.
C. Permit Restrictions for Properties Removed from the Floodplain by Fill. No
Community shall issue a permit for the construction of a new structure on a property
removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on
Fill (LOMR-F) with a floor elevation placed below the base flood elevation with one foot
of freeboard that existed prior to the placement of fill. Issuance of any such permit shall
constitute a violation of these Rules. Critical Facilities are exempted from this restriction if
the facility is protected according to Rule 6.1) herein.
Rule 12. Effects of Flood Mitigation Measures and Stream Alteration Activities on Regulatory
Floodplains:
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In order to assist the CWCB in carrying out its mission to protect the health, safety, welfare
and property of the public, through the prevention of floods in Colorado, the CWCB
requires the following:
A. Detention/flood control storage and LID should be considered, when practicable, as part of
a basinwide program for the watershed.
B. Flood control channels shall include a low-flow channel with a capacity to convey the
average annual flow rate, or other appropriate flow rate as determined through a
hydrogeomorphological analysis, without excessive erosion or channel migration, with an
adjacent overbank floodplain to convey the remainder of the 100-year flow. The channel
improvement shall not cause increased velocities or erosive forces upstream or downstream
of the improvement.
C. Channelization and flow diversion projects shall appropriately consider issues of sediment
transport, erosion, deposition, and channel migration and properly mitigate potential
problems through the project as well as upstream and downstream of any improvement
activity. A detailed geomorphological analysis should be considered, when appropriate, to
assist in determining the most appropriate design.
Project proponents for a mitigation activity must evaluate the residual 100-year floodplain.
Proponents are also encouraged to map the 500-year residual floodplain.
D. All public and private Flood Control Structures shall be maintained to ensure that they
retain their structural and hydraulic integrity. Annual inspections including, as appropriate,
field surveys of stream cross-sections, shall demonstrate to the appropriate regulatory
jurisdictions that the project features are in satisfactory structural condition, that adequate
flow capacity remains available for conveying flood flows, and that no encroachment by
vegetation, animals, geological processes such as erosion, deposition, or migration, or by
human activity, endanger the proper function of the project. If any significant problems, as
identified within annual inspection reports, , the facility or project owner shall notify the
CWCB within 60 days of the inspection. The inspections shall be conducted by the local
jurisdiction for all publicly owned or publicly maintained facilities, and shall be conducted
by the property owner or facility owner for all privately owned and maintained facilities.
E. Any stream alteration activity proposed by a project proponent must be evaluated for its
impact on the regulatory floodplain and be in compliance with all applicable federal, state
and local floodplain rules, regulations and ordinances.
F. Any stream alteration activity shall be designed and sealed by a Colorado Registered
Professional Engineer or Certified Professional Hydrologist.
G. All activities within the regulatory floodplain performed by federal agencies using local or
state funds, or by private, local or state entities shall meet all applicable federal, state and
local floodplain requirements.
H. Stream alteration activities shall not be constructed unless the project proponent
demonstrates through a floodway analysis and report, sealed by a Colorado Registered
24
Professional Engineer, that there are no adverse floodway impacts resulting from the
project. This requirement only applies on stream reaches with Base Flood Elevations
established.
1. No adverse floodway impact means that there is a 0.00-foot rise in the proposed conditions
compared to existing conditions floodway.
J. Whenever a Stream Alteration activity is known or suspected to increase or decrease the
established Base Flood Elevation in excess of 0.3 vertical feet (or a more stringent standard
adopted by the local government authority), a Letter of Map Revision showing such
changes shall be obtained in order to accurately reflect the proposed changes on FEMA's
regulatory floodplain map for the stream reach. The local community is responsible for
ensuring that this process is pursued. This section herein does not require a Conditional
Letter of Map Revision (CLOMR) to be applied for, unless mandated by the local
government having land use authority.
Rule 13. Process for Designation and Approval of Regulatory Floodplains:
A. Designation and Approval Requirements. The Board will designate and approve
Regulatory Floodplains by the adoption of written resolutions based only upon such
floodplain information as the Board determines meets the standards set forth in Rule 7, as
applicable, with consideration of the effects of dams and levees being subject to the criteria
or Rules 9 and 10, respectively and any mitigation activity in Rule 12.
B. Base Flood. 100-year floodplain information shall generally be the basis for all designation
and approval actions by the Board for regulatory purposes in Colorado. However, the
CWCB will designate and approve 500-year floodplain information but only at the written
request of a local authority having land use jurisdiction.
C. Provisional Designation. The CWCB may designate and approve, on a provisional basis
and for a maximum period of time not to exceed two years, floodplain information that does
not meet the minimum requirements as set forth in Rule 7.
D. Process for Taking Designation and Approval Actions. The Board shall consider the
designation and approval of floodplain information either by request of a community or by
acting on its own initiative.
(1) Consideration at a Community's Request. The Board shall consider designation
and approval of floodplain information upon written request from the governing
body of any community having jurisdiction in the area where the floodplain
information is applicable. The letter of request shall identify the report title, date,
author or agency which prepared the report, stream name(s), upstream and
downstream limits of the stream reach(es) to be designated, stream length(s) in
miles, type of designation requested (detailed or approximate), and any other
relevant information. The Board shall receive such a request at least 30 days prior
to the Board meeting at which consideration of designation and approval is
requested.
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(2) Consideration at the Board's initiative. If designation and approval of a
floodplain would be in the best interest of the health, safety, welfare and property of
the citizens of the State of Colorado, then the Board may take action at its own
initiative to consider the designation and approval of floodplain information. In
such cases, the Board shall notify the affected communities in writing at the time of
study initiation or, in the case of a previously completed study, the Board shall
receive concurrence in writing from the affected community at least 45 days prior to
the Board meeting at which it will consider the designation and approval of
floodplain information within their jurisdiction.
(3) Notification of Adopted Resolutions. The CWCB shall send signed copies of each
adopted resolution of designation and approval to the applicable local legislative
bodies of each community having jurisdiction over land-use decisions in the study
area and to FEMA within 30 days of adoption.
Rule 14. Designation and Approval of Changes to Regulatory Floodplains:
When changes are made to the characteristics of a floodplain that result in a revision of a
community's Flood Insurance Rate Maps or Flood Hazard Boundary Maps (and a
subsequent designation of the new map), the Board will designate and approve changes to
the regulatory floodplain caused by development, new or better technical information, or
other sources. The CWCB will designate the changed floodplains by adopting written
resolutions based upon such floodplain information as the Board determines meets the
standards set forth in Rules 6-12. In the event that a community is aware of and has access
to better available information on a previously designated flooding source, then the CWCB
allows for that undesignated information to be used for regulatory purposes.
A. Conditions. All changes to designated floodplains shall meet the same conditions as those
required for original approval and designation.
B. Process for Designation and Approval of Changes to a Regulatory Fooodplain. The
Board may consider the designation and approval of floodplain information either by
request of a community or by acting on its own initiative.
(1) Consideration at a Community's Request. The Board shall consider designation
and approval of changes to a regulatory floodplain upon written request from the
governing body of any community having jurisdiction in the area where the
floodplain information is applicable. The Board staff shall receive such requests at
least 30 calendar days prior to the Board meeting at which consideration of
designation and approval is requested.
(2) Consideration at the Board's Initiative. If designation and approval of a
floodplain would be in the best interest of the health, safety, welfare and property of
the citizens of the State of Colorado, then the Board may take action at its own
initiative to consider the designation and approval of floodplain information. In
such cases, the Board shall notify the affected communities in writing at the time of
the study initiation or, in the case of a previously completed study, the Board shall
receive concurrence in writing from the affected community at least 45 days prior to
the Board meeting at which it will consider the designation and approval of
floodplain information within their jurisdiction.
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(3) Notification of Adopted Resolution. The CWCB shall send signed copies of each
adopted resolution of designation and approval of changes to a regulatory floodplain
to the applicable local legislative bodies of each community having jurisdiction over
land-use decisions within the limits of the changed floodplain within 30 calendar
days of designation and approval.
C. Identification of Designations of Changes to a Regulatory Floodplain. The designation
of the changes to the regulatory floodplain will be given a reference identification number
that will differentiate the changed designation from the original. It is implied that
designations to changes to a regulatory floodplain will only rescind the affected portions of
the previously designated floodplain information. All other unaffected reaches will remain
as originally designated.
D. Map Revisions to Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
Floodplain map revisions (e.g., FEMA Letters of Map Revision) will be designated twice
annually by the CWCB during a regularly scheduled Board meeting and will not be subject
to a full technical review by the CWCB staff.
Rule 15. Variances:
A. Consideration by local jurisdiction. Request for a variance to any of these Rules may be
considered by the local jurisdiction having land use authority , provided the entity or
individual requesting the variance has submitted a written request to the appropriate
authority. A notice of the Request must be provided to any adjacent communities that
would be affected by the variance.
B. Contents of a Request for Variance. The request for a variance shall identify:
(1) The Rule from which the variance is requested;
(2) The communities that would be affected by the variance;
(3) The reasons why the Rule cannot be complied with;
(4) The estimated difference in water surface elevations, flood velocities and flood
boundaries that would result if the requested variance were granted than if the
calculations were made through strict compliance with the Rule;
(5) The estimated number of people and structures that will be impacted by granting of
the variance; and
(6) Any other evidence submitted by the community, the CWCB staff, or other party of
interest.
C. Factors to be considered. Variances may be issued if it can be determined that:
(1) There is a good and sufficient cause; and
(2) The variance is the minimum necessary, considering the flood hazard, to afford
relief, and
(3) Failure to grant the variance would result in exceptional hardship to the community
or the requestor and that the hardship is not the community's or requestor's own
making; and
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(4) The granting of a variance will not result in increased vulnerability to flood losses,
additional threats to public safety and welfare, extraordinary public expense, create
nuisances, cause fraud or victimization of the public, hide information of significant
interest to the public or conflict with existing local laws or regulations.
(5) In lieu of items C(1) through C(4) above, a local jurisdiction having land use
authority may, at its sole discretion, use an established variance procedure.
D. Variance Process. Variance requests shall be processed as follows:
(1) Local jurisdictions having land use authority shall render, confirm, modify, or reject
all variance requests pertaining to these Rules.
(2) The Board may review local variance decisions on a case-by-case basis to ensure
that the overall intent and spirit of these Rules are properly considered at the local
level.
(3) Informal variance determination request may be presented to CWCB staff in order
to guide community officials or project applicants as to whether a formal variance
would be needed on a case by case basis.
Rule 16. Enforcement of Floodnlain Rules and Regulations:
A. Procedure to be followed regarding alleged violations
(1) Notice of Non-Compliance.
a. A Notice of Non-Compliance (NONC) may be prepared and transmitted by the
CWCB or its Director. Information regarding potential violations may be
discovered directly by CWCB staff or can be brought to the CWCB or its
Director by a Complainant, such as the Federal Emergency Management
Agency, other state agencies, the local government within whose boundaries the
alleged violation took place, or by any other person who may be directly and
adversely affected or aggrieved as a result of the alleged violation.
b. Oral complaints shall be confirmed in writing by the Complainant. Persons
making a complaint are required to submit a formal letter of complaint to the
CWCB Director.
c. NONC process.
i. An NONC issued by the CWCB shall be delivered to an alleged violator
by personal delivery or by certified mail (return receipt requested). A
copy of the NONC shall be transmitted to FEMA Region VIII and the
local jurisdiction having land use authority.
ii. The NONC does not constitute final agency action.
iii. The NONC shall identify the statute, Rule, regulation, or policy subject
to CWCB jurisdiction allegedly violated and the facts alleged to
constitute the violation. The NONC may propose appropriate corrective
action and suggested corrective action(s) if any, that the CWCB elects to
require.
(2) FEMA Region VIII shall support, through its National Flood Insurance Program
activities, these Rules. This support will include the existing ability for FEMA to place
sanctions upon a community for non-compliance.
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(3) Certain CWCB decisions to provide flood and watershed related grant funding to
communities may be directly dependent upon a community's compliance with these
Rules.
Rule 17. Incorporation by Reference: FEMA Regulations 44 C.F.R. 59, 60, 65, and 70 (2010),
available at http://www.access.gpo.gov/nara/cfr/waisidx_00/44cfrvl_00.html, EPA
Regulations 40 CFR § 302 (2010), available at
http://Nvww.access.gpo.gov/nara/cfr/waisidx_03/40cfr302_03.html, and OSHA Regulations
29 CFR § 1910 (2010), available at
http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfr1910_99.html, are incorporated herein
by reference. In addition, The Colorado "Office of the State Engineer Rules and
Regulations for Dam Safety and Dam Construction Materials," set forth in 2 C.C.R. § 402-1
(2010), available at http://water.state.co.us/pubs/rule_reg/ds_rules07.pdf, are incorporated
herein by reference. The FEMA Guidelines and Specifications for Flood Mapping Partners
(2009), available at www.fema.gov/flun/dl cgs.shtm, are also incorporated herein by
reference. These regulations are hereby incorporated by reference by the Colorado Water
Conservation Board and made a part of these Rules and Regulations for Regulatory
Floodplains in Colorado. Materials in these Rules, including, but not limited to those
mentioned here in Rule 17, which are incorporated by reference are those materials in
existence as of the effective date of these Rules and do not include later amendments to or
editions of these materials. The material incorporated by reference is available for public
inspection during regular business hours at the Colorado Water Conservation Board, 1313
Sherman Street, Room 721, Denver, CO 80203 or may be examined at any state or federal
publications depository library, or on the FEMA or CWCB website.
Rule 18. Severability: If any portion of these Rules is found to be invalid, the remaining portion of
the Rules shall remain in force and in effect.
Rule 19. Recommended Activities for Regulatory Floodplains: The following list contains
floodplain management activities and actions suggested by the CWCB to increase a
community's overall level of flood protection. Communities and other authorized
government entities may:
A. Adopt local standards above and beyond the FEMA and CWCB minimum requirements.
B. Develop a Flood Response Plan that identifies responsibilities/actions before, during and
after a flood event.
C. Enroll in FEMA's National Flood Insurance Program (NFIP) and possibly FEMA's
Community Rating System (CRS) Program.
D. Develop an early warning flood detection system (flood warning system) using available
technologies such as automated precipitation and stream flow gages linked to an
appropriate notification system.
E. Coordinate with lenders, insurance agents, real estate agents, and developers to prepare and
discuss educational tools based on state and federal requirements.
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F. Promote wise floodplain development and support effective structural and non-structural
flood mitigation projects.
G. Conduct floodplain studies in areas of Foreseeable Development that do not currently have
detailed floodplain studies.
H. Maintain an electronic or paper library of local flood related data.
1. Develop a flood risk outreach program and notify flood prone residents annually of flood
hazards and the need for flood insurance.
J. Encourage elevation of flood-prone structures and flood-proofing of structures in the
floodplains.
K. Utilize available state/federal mitigation and preparedness funds.
L. Require certified floodplain managers to review proposed land developments.
M. Advise the public at large that flooding does occur above and beyond the 100-year and 500-
year floods. Floods greater than 500-year floods do occur, and loss of life and property is
possible in areas mapped outside of both the 100-year and 500-year floodplains. .
N. Utilize the concept of "No Adverse Impact" floodplain management where the action of
one property owner does not adversely impact the rights of other property owners, as
measured by increased flood peaks, flood stage, flood velocity, and erosion and
sedimentation. No Adverse Impact could be extended to entire watersheds as a means to
promote the use of retention/detention or other techniques to mitigate increased runoff from
urban areas.
0. Prohibit the construction of new levees that are intended to remove land from a regulatory
floodplain for the purpose of allowing new development activity to take place in areas that
are otherwise flood prone.
P. Require an appropriate level of freeboard at bridges between the 100-year water surface
elevation and the lowest elevation of the lowest structural member to allow for passage of
waterborne debris.
Q. Identify areas prone to flooding outside of the 500-year floodplain where loss of life or
substantial property damage may occur. Flooding greater than 500-year (0.2% chance)
events can and do occur as well, and loss of life and property is possible in areas mapped
outside of both the 100-year and 500-year regulatory floodplains. Communities are
encouraged to map and regulate 500-year floodplains for Critical Facilities at their sole
discretion.
R. Maintain a flood hazard page on the community website with links to the CWCB, FEMA
Flood Map Store, National Flood Insurance Program, National Weather Service, local
building codes, and local permitting information.
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S. The CWCB discourages Compensatory Flood Storage because existing flood storage
volume should be preserved. However, when necessary, structures and fill that displace
floodplain storage volume shall be compensated for by excavation of equivalent volumes at
equivalent elevations within a nearby vicinity of the displaced volume. The compensatory
storage area shall be hydraulically connected to the source of flooding.
T. Adopt Buffer Ordinances that limit development in and near natural protective features
such as riparian stream corridors and wetlands. Natural protective features may extend
beyond 100 year flood elevations. Extra protections for these areas are beneficial because
these areas attenuate runoff periods, improve water quality, stabilize streambanks, recharge
groundwater aquifers, allow for lateral stream migration, and protect aquatic and terrestrial
habitat. Riparian and wetland areas also enhance the general aesthetic value of a
community.
U. Buffer ordinances are often seen as part of land use or zoning code. They may also stand
alone in other portions of the municipal code. Options for widths include fixed width,
variable width, or multi-zoned buffers.
V. Establish Residual Risk Mapping. Residual Risk is the threat to the areas behind levees
that may still be at risk for flooding. FEMA has identified thousands of miles of levees
nationwide, affecting millions of people. It is important for levee owners, communities,
and homeowners to understand the risks associated with living in levee-impacted areas and
the steps that can be taken to provide full protection from flooding. Even the best flood
protection system or structure cannot completely eliminate the risk of every flood event,
and when levee systems fail, the results may be catastrophic and the damage may be more
significant than if the levee system had not been built.
Rule 20. Effective Date: These Rules shall apply to the designation and approval of all floodplain
information made by the Board and all other floodplain activities on or after January 14,
2011 and are, therefore, not retroactive to any floodplain information designated and
approved by the Board or other floodplain activities prior to the effective date. These Rules
contain provisions that will require many local ordinances to be updated to be consistent
with these rules. A transition period of three years beginning from the effective date of
these rules will be in effect during which all local governments may follow current local
ordinances but must undertake activities to come into compliance with these Rules.
Following this transition period, all floodplain activities shall be in conformance with these
Rules. In addition, communities may, at their sole discretion, allow un-built projects that
were previously permitted by the local government, prior to the adoption date of the local
ordinance for which these Rules are incorporated, to be built and therefore considered to be
in compliance with these Rules. Communities may also, at their sole discretion, permit and
allow projects for which a valid CLOMR was issued prior to the adoption date of the local
ordinance for which these Rules are incorporated.
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Floodplain Rules and Regulations
Statement of Basis and Purpose - November 17, 2010
Proposed Basis and Purpose for CWCB floodplain Rules and Regulations:
1. These Rules are promulgated to carry out the authority and responsibilities of the Colorado
Water Conservation Board ("the Board" or "CWCB") pursuant to sections 24-4-103, 24-65.1-
403(3), 24-65.1-101(l)(c)(I), 24-65.1-202(2)(a)(1), 24-65.1-302(2)(a), 30-28-111(l)-(2),31-
23-301(l) & (3), 37-60-106(1), 37-60-106(l)(c)-(g), 0), (k), C.R.S. (2010). The General
Assembly has deemed the designation of floodplains a matter of statewide importance and
interest and gave the CWCB the responsibility for the designation of regulatory floodplains
and to assure public health, safety, welfare and property by limiting development in regulatory
floodplains. 24-65.1-202(2)(a)(I), 24-65.1-302(1)(b)&(2)(a), 24-65.1-403(3), 24-65.1-101
and 24-65.1-404(3), C.R.S. (2010).
2. The Rules will help the CWCB carry out its statutory mission to devise and formulate methods,
means, and plans for the prevention of flood damages. § 37-60-106(1)(c).
3. The purpose of the Rules is to provide uniform standards for regulatory floodplains in
Colorado, to provide standards for activities that may impact regulatory floodplains in
Colorado, and to stipulate the process by which floodplains will be designated and approved by
the CWCB. These Rules will also assist the CWCB and Colorado communities in developing
sound floodplain management practices and in assisting with the implementation of the
National Flood Insurance Program.
4. Implementing a sound flood protection program is necessary to reduce flood damages because
flooding is the most devastating natural disaster in terms of both property damage and human
fatalities in Colorado.
5. The General Assembly gave the CWCB the authority to prevent flood damages and regulate
and designate floodwater runoff channels or basins. 37-60-106(1)(c), 37-60-106(1)(e), 37-
60-106(1)(f), 37-60-106(1)(g), 37-60-106(1)(h), 37-60-106(l)(k), 37-60-108. The CWCB, in
cooperation and coordination with local governments, ensures proper regulation of floodplains.
6. Floodplain administration is an area of state interest. 24-65.103(7) & 24-65.1-202(2)(a),
C.R.S. (2010). The General Assembly gave local authorities broad authority to plan for and
regulate land use within their jurisdictions, including regulation of development in hazardous
areas and regulating on the basis of impacts to the communities and surrounding areas. 29-
20-102(1) & 29-20-104(1)(a)&(g), C.R.S. (2010). County planning commissions may
establish, regulate and limit uses on or along any storm or floodwater runoff channel or basin
that has been designated and approved by the CWCB in order to lessen or avoid flood damage.
§ 30-28-111(1), C.R.S. (2010). The governing body of municipalities may establish, regulate
and limit uses on or along any storm or floodwater runoff channel or basin that has been
designated and approved by the CWCB in order to lessen or avoid flood damage. § 31-23-
301(1), C.R.S. (2010). Thus, all federal agencies using local or state funds, and all private,
local or state entities conducting activities on or along any storm or floodwater runoff channel
or basin shall abide by all state and federal regulations and applicable local regulations on or
along any storm or floodwater runoff channel or basin that has been designated and approved
by the CWCB. Such activities shall also be in conformance with FEMA Regulations 44 C.F.R.
§ § 59, 60, 65, and 70 (2009).
7. Domestic water and sewage systems, such as wastewater treatment facilities or water treatment
facilities, any systems of pipes, structures and facilities through which wastewater is collected
for treatment, are areas of state interest. § 24-65.1-104(5), C.R.S. (2010). Similarly, the site
selection and construction of major new domestic water and sewage treatment systems and
major extension of existing domestic water and sewage treatment systems are also areas of state
interest as determined by local governments. § 24-65.1-203(1)(a), C.R.S. (2010). Structures,
such as domestic water and sewage systems, in the floodplain shall be built and designed to
incorporate flood protection devices, consider proposed intensity of use and the structure's
effects on the acceleration of floodwaters and any potential significant hazards to public health
and safety or to property. § 24-65.1-202(2)(a)(I)(A), C.R.S. (2010). Shallow wells, solid
waste disposal sites, and septic tanks and sewage disposal systems shall be protected from
inundation by floodwaters. § 24-65.1-202(2)(a)(I)(A), C.R.S. (2010).
8. The Rules apply throughout the State of Colorado, without regard to whether a community
participates in the National Flood Insurance Program. The Rules also apply to activities
conductedby state agencies. 24-65.1-301(1), 24-65.1-403(3)(a), 24-65.1-404(3), 24-65.1-
501, 31-23-301 and 30-28-111(1), C.R.S. (2010).
9. The Rules incorporate new standards for critical facilities that, if flooded, may result in severe
consequences to public health and safety or interrupt essential services and operations for the
community at any time before, during, and after a flood. These Rules are proposed for
promulgation in recognition that such critical facilities must be protected to a higher standard
from flood damages. § 37-60-106(1)(c). Further, the General Assembly has required that
building of structures in the floodplain must be designed in terms of the availability of flood
protection devices, proposed intensity of use, effects on the acceleration of floodwaters,
potential significant hazards to public health and safety or to property, and other impact of such
development on downstream communities such as the creation of obstructions during floods.
§ 24-65.1-202(2)(a)(1)(A), C.R.S. (2009). Finally, floodplains shall be administered so as to
minimize significant hazards to public health and safety or to property. § 24-65.1-
202(2)(a)(I)(A).
10. The Rules provide for procedures for and conditions of proposed variances from the Rules if
such variance is for good and sufficient cause and will not increase flooding or threaten public
safety.
11. The Rules contain standards and specifications for approximate and detailed regulatory
floodplain determinations in Colorado. The 2005 Rules contained detailed standards within
Appendix A, Appendix B, and Appendix C. These Appendices have been omitted as
incorporation into the Rules, but are still available as a reference tool.
12. The Rules will provide the necessary steps for floodplain mapping partners to follow in order
to have county and community flood hazard information designated and approved by the
CWCB so that statutory requirements can be met.
13. The Rules will assist communities and other floodplain mapping partners with developing and
providing accurate regulatory floodplain information for use in wise floodplain management
activities. The Rules provide for a process whereby all affected communities have the
2
opportunity to review, analyze, and object to the floodplain studies if not based on technically
accurate and sound scientific data.
14. The Rules provide for the CWCB's review of the results of the hydrologic analyses, hydraulic
analyses, and floodplain delineations in a published floodplain study report. The Rules provide
that a qualified Colorado registered professional engineer in good standing shall direct or
supervise the floodplain mapping studies and projects within the regulatory floodplain and that
such floodplain maps, reports and project designs within the regulatory floodplain shall be
certified and scaled by the Colorado registered professional engineer of record.
15. The Rules provide that designation and approval of floodways shall be considered, as requested
by the local governing entity, as part of the designation and approval of corresponding
regulatory floodplains. The Rules provide criteria for determining the effects of dams, levees,
stormwater detention, irrigation facilities, flood mitigation measures and stream alteration
activities on or in regulatory floodplains in order to quantify peak flood discharges and to
assess the effects of flooding conditions that would result.
16. The Rules set forth the process and procedures for the CWCB to designate and approve
regulatory floodplains. The 100-year flood shall be the basis for all designation and approvals
by the Board, for zoning and land use purposes, of regulatory floodplains in Colorado, unless
the 500-year flood is requested for designation in writing by the local jurisdiction.
17. The Rules provide the process and procedures for the CWCB to designate and approve changes
to regulatory floodplains resulting from development, watershed changes, new or better
technical information, or other factors, subject to the same criteria as required for an original
approval and designation.
18. The Rules will provide additional information and recommendations, above and beyond the
regulatory floodplain requirements, that can serve communities in need of technical, regulatory,
and administrative information in order to allow for safe and reasonable floodplain
development that will lead to better protection of Colorado citizens and their property.
19. The Rules will increase the quantity of statewide uniform credit for the Community Rating
System, a program within FEMA's National Flood Insurance Program that provides flood
insurance discounts for flood programs that exceed federal minimum standards. This will serve
to make flood insurance premiums more affordable statewide for the citizens of Colorado.
20. The Rules establish freeboard for all new and substantially changed structures statewide.
Freeboard tends to compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood and floodway conditions,
such as debris blocking bridge openings, inherent uncertainty in hydrologic and hydraulic
models, rainfall in excess of design events, legal encroachments into the floodplain, and the
hydrological effect of urbanization of the watershed. Freeboard results in substantially safer
construction and significantly lower flood insurance rates due to lower flood risk. This standard
will not apply to existing mapping, but rather, it will be in effect for future mapping and
studies. This new standard does not result in any new requirements.
3
21. The Rules provide for a uniform statewide floodway criteria. Current minimum standards set
by the National Flood Insurance Program allow for encroachment into the floodplain that raises
base flood elevations by one foot. While legally permissible in most cases, this encroachment
results in increased risk to neighboring property owners without recourse that may result in
lower property values and increased liability for the permitting communities. Some local
communities in Colorado have already successfully adopted and implemented a 1/2 foot
surcharge, as proposed by these Rules. However, due to the non-uniform surcharge criteria
between neighboring communities, this higher local regulation is difficult to enforce near
community boundaries and is often unable to be reflected on countywide floodplain maps due
to the non-uniform regulations. While this regulation only applies to future activities, it has the
potential to provide benefits for both existing and future facilities by limiting higher flood
depths impacting these structures due to encroachment. This regulation has the net effect of
lowering flood elevations on nearby properties, thus increasing the safety and property value of
these positively impacted properties.
22. These Rules apply higher standards to regulations and processes that currently exist, including
requirements to: 1) follow all state and federal regulations, 2) obtain a local permit for
development in the floodplain (where applicable), 3) elevate or floodproof structures to a safe
elevation, and 4) get a local determination of when substantial changes occur. These Rules do
not change the current need to obtain a local permit for development in the floodplain and do
not alter how substantial change determinations are made by local governments. Identification
of a structure as a critical facility does not create a new regulatory nexus nor does it prevent its
occupation in the floodplain; rather it simply requires an additional foot of freeboard when
designed and constructed.
23. These Rules contain provisions that will require many local ordinances to be updated to be
consistent with these rules. A transition period of three years beginning from the effective date
of these rules will be in effect during which all local governments may follow current local
ordinances but must undertake activities to come into compliance with these Rules. Following
this transition period, all floodplain activities shall be in conformance with these Rules. In
addition, communities may, at their sole discretion, allow un-built projects that were previously
permitted by the local government, prior to the adoption date of the local ordinance for which
these Rules are incorporated, to be built and therefore considered to be in compliance with
these Rules. Communities may also, at their sole discretion, permit and allow projects for
which a valid CLOMR was issued prior to the adoption date of the local ordinance for which
these Rules are incorporated.
24. These Rules reduce expenditure of public money for costly flood control structures. In many
cases, proper application of these Rules may reduce, or in some cases, eliminate the need for
these costly public expenditures due to wiser use of floodplain areas and safer development
within them.
25. These Rules minimize the need for response and rescue efforts associated with flooding and
generally undertaken at the expense of the general public. While these Rules actually regulate
only structures and facilities in the regulatory floodplain, response and rescue efforts associated
with flooding affect all residents of a community in terms of cost and reduced availability of
these services during and following a flood to non-floodplain areas. Depending on the
circumstances for a particular flood event, the cost of these services can be enormous and, in
4
worst cases, can impact the financial viability of a community.
26. These Rules minimize business interruptions. While there is a tangible cost of complying with
these Rules, it often pales in comparison to the lost business income, tax revenue, and
employment that are often experienced following flood events. There are many examples, both
from Colorado and around the nation, of a damaging flood impacting the financial stability of a
community or region for long periods. While disaster assistance may be available following
some events, it is often not sufficient to fully restore services, especially to individuals and
businesses. These Rules reduce the risk of flooding to future infrastructure and therefore lessen
the vulnerability of communities to losses and economic risk.
27. These Rules minimize expenses to taxpayers for costly disaster bailouts, relief efforts, and
recovery programs. Disaster assistance only benefits those directly affected by a flood disaster
but the costs are shared by entire communities, the state as a whole and, in some cases, the
entire nation. Application of these Rules places responsibility and costs on property owners
most likely to be directly affected by a flood event. These costs are often low compared to
costs experienced during flood events. These Rules reduce the risk of flooding to future
infrastructure and therefore lessen the vulnerability of communities and the State to costly and
avoidable post-flood activities.
28. These Rules are not to be applied retroactively. These Rules are in effect for fiiture
construction, substantial changes to existing construction, and new additions. Substantial
change determinations are already made by local governments, and the process for this decision
is not altered by these Rules.
5
CITY OF BOULDER
Department of Public Works/Utilities Division
Planning and Project Management
•,j PO Box 791
1739 Broadway
Boulder, CO 80306
(303) 441-3266
(303) 441-4271 FAX
WRAB July 19, 2010 Meeting Feedback or Questions with Response and Additional
Research•
1. Could high hazard areas be given a period of time to conform to the current floodplain?
Implementation thresholds where evaluated for critical facilities. From preliminary economic
assessments new facilities floodproofing costs are estimated to be approximately 10% of the
overall building cost for flood depths less then 3 feet with no basement floodproofing. A similar
percentage cost for flooding less then 3 feet in depth with no basements may be applied to
existing buildings to create a series of potential compliance thresholds as listed below.
Potential Compliance Percentage Floodproofing Cost
Threshold Percentage to Total Improvement
Cost
10 52
20 35
25 31
30 27
40 22
50 18
Staff considers the 50 percent threshold to be appropriate for critical facilities providing essential
services and serving at-risk populations. However, for facilities storing hazardous materials staff
believes it is appropriate to consider a more aggressive trigger. This is based on the perceived
risk associated with the release of hazard materials during a flood and the options available to
property owners under the proposed ordinance. Specifically, the ordinance states that the
facilities storing hazardous material would be excluded it the property owner obtains the written
and signed opinion of a Colorado licensed professional engineer, based on a site evaluation of
the facility location, indicating flood threat, Hazardous Material storage conditions and that the
Hazardous Material will not be released at or from the facility during a 500-year flood event."
Based on this clause, owners of hazardous material facilities should not need to floodproof the
entire facility but only assure the hazardous material is secured and stored in such a manner that
it will not be released during a 500-year flood event. This would likely require that the container
of hazardous material be elevated within the existing building or secured such that it does not
become buoyant during a flood event. The cost of such measures would be much less than
floodproofing the entire existing building. Therefore, staff is recommending that the ordinance
implementation threshold be reduced to 25 percent for facilities storing hazardous materials.
In the case of compliance windows, the cost for construction would be wholly attributable to the
proposed ordinance and the percentage of construction costs required for compliance would
increase substantially. Additionally, in meetings with the City's Policy Review Group, it was
determined that enforcing and regulating a compliance window would require additional staff
resources and creation of new permit requirement or similar processes which was not a preferred
approach.
2. Rather than provide a blanket "grandfathering in" of high hazard facilities, maybe look
into a case by case review of each facility.
Staff has provided the above table showing percentage floodproofing costs to total construction
cost for potential compliance threshold percentages and currently recommends a threshold of
50% for at-risk and essential service buildings and a threshold of 25% for hazardous materials.
This approach includes an individual assessment of each of the three critical facility types which
is described above. Feedback from the board on the utility of these thresholds would be
welcome.
3. Are there any studies that show the overall effectiveness of levees vs. flood gates?
FEMA and the U. S. Army Corps of Engineers (ACE) as well as many other institutions or
organizations provide guidance documents to enable facility owners to learn about the various
methods of floodproofing including levees, flood gates, elevation and relocation, as well as
frameworks from which to determine which method would provide the best benefit for a
particular situation. Examples of these types of documents include:
• FEMA's "Engineering Principles and Practices for Retrofitting Flood-Prone
Residential Structures"
• ACE's "Flood Proofing Regulations"
• Louisiana State University Agricultural Center's "Dry Floodproofing: Making a
Building Water-Tight"
• FEMA's "Non-Residential Floodproofing-Requirements and Certification"
CITY OF BOULDER
Department of Public Works/Utilities Division
. ; - Planning and Project Management
PO Box 791
1739 Broadway
00 s Boulder, CO 80306
(303) 441-3266
(303) 441-4271 FAX
WRAB January 20, 2011 Meetinu Feedback or Questions with Response and Additional
Research•
1. What types of public outreach have been completed and what more can be done?
As of the January 20, 2011 Water Recourses Advisory Board Public Hearing outreach for the
critical facilities and mobile population ordinance included:
• October 2009 meeting with the Local Emergency Planning Committee (LEPC)
(The LEPC is an emergency planning organization comprised of local businesses
and government emergency planning and response organizations.)
• March 2010 meeting with the Local Emergency Planning Committee
• July 2010 meeting with the Boulder Chamber of Commerce
• August 2011 A project website was developed for the proposed ordinance
• August 2010 "Protecting `Critical' Buildings" front page article in the Boulder
Daily Camera
• August 2010 Open House:
1. Invitations were sent to potential critical facilities and mobile
population facilities.
2. Boulder Daily Camera article included information on time and
location of open house.
3. Boulder Chamber of Commerce included information on open house
time, location and content in their monthly news letter.
4. Information on the open house was included on the project website and
city websites.
• October 2010 meeting with the Boulder Chamber of Commerce
• January 2011 Water Resources Advisory Board Public Hearing:
1. Invitations were sent to potential critical facilities and mobile
population facilities.
2. The Boulder Chamber of Commerce was given information on Water
Resources Advisory Board public hearing time, location and content.
3. Information on the Water Resources Advisory Board Public Hearing
was included on the project website and city websites.
Since the January 2011 Water Resources Advisory Board Public Hearing the following
additional public outreach has been completed:
• February 2011- Public outreach
(Facility managers at 28 potential hazardous materials facilities were contacted by
phone. They were told about the proposed ordinance, the hazardous materials
definition and project website. Staff answered their questions and gave them
contact information for additional follow up)
• February 2011 Controversy and Consensus Channel 8 TV show
(The topic of this months recurring episode was the proposed critical facilities and
mobile population ordinance)
• March 2011 Water Resources Advisory Board Public Hearing:
1. Invitations were sent to potential critical facilities and mobile
population facilities.
2. The Boulder Chamber of Commerce was given information on Water
Resources Advisory Board public hearing time, location and content.
3. Information on the Water Resources Advisory Board Public Hearing
was included on the project website and city websites.
4. Email invitations where sent to people who requested electronic
notification on the proposed ordinance.
2. Can staff provide an economic analysis on the proposed ordinance?
An economic analysis of the proposed ordinance is summarized in the March 28, 2011 Water
Resources Advisory Board Critical Facilities and Mobile Population Ordinance memo and
the full analysis is included as an attachment.
3. Is the language of the hazardous materials ordinance causing a drag net which will result
in more facilities being included?
The proposed hazardous materials definition was written to regulate facilities with large
amounts (typically more then 120 gallons) of hazardous materials in the city's floodplains.
The reason that the proposed definition, which is taken from the Colorado Statute, US
Department of Transportation hazardous materials definition, or the Federal Emergency
Management and Community Right-to-Know Act, does not distinguish between large and
small businesses is that it's the chemicals that are dangerous and there is nothing about the
size of the business that makes those chemicals more or less dangerous. There is no reason to
believe that a quantity of hazardous material in a pile of flood debris is less dangerous to
rescue workers because if it came from a small business.
4. Does the duration of flood inundation affect the cost of recovery?
The National Flood Insurance Program's website (www.floodsmart.gov) contains a flood damage
estimator that calculates flood repair costs based on the depth of flooding at a given building.
For a two thousand square foot residential building subject to 3 feet of flooding, flood recovery
costs will include:
• Cleaning $4,100
• Repair of doors, windows $2,150
• Electrical and plumbing repairs $3,320
• Carpet and wood flooring replacement $15,870
• Repair to interior wall finishes $1,920
• Drywall and wall insulation or paneling replacement $3,310
• Kitchen and Bath Cabinets $6,100
• Appliance repair/replacement $4,200
• Computer, TV and Electronics Replacement $3,500
• Repairs to HVAC $2,200
• Furniture replacement (living room, table and chairs) $6,000
In reviewing these costs it is apparent that that depth of flooding and building materials (masonry
walls vs. dry wall or concrete floors vs. carpet) will impact the cost of recovery but for the most
part length of flood inundation (2 days or 2 weeks) will not. Drywall, carpet, electronics,
furniture, etc that is immersed in contaminated and muddy floodwater for even 2 days will still
need to be repaired, replaced, or cleaned.
5. What would be the impact of the ordinance on a daycare facility in a 500-year floodplain?
A brand new daycare facility would have to comply with the regulations by providing
protection to the 500-year water surface elevation (WSEL) plus one foot of freeboard.
Existing facilities will be grandfathered and can continue to operate in their existing
configuration. If an existing facility proposes a modification that will be less the 50% of the
value of the existing building or represent less then a 50% increase in square footage the
proposed addition will need to be built with flood protection to the 500-year WSEL plus one
foot of freeboard. If a larger expansion or remodel is proposed the entire facility will be
protected to the 500-year WSEL plus one foot of freeboard.
6. Since the national guidance on protecting critical facilities comes from the National Flood
Insurance Program's (NFIP) Community Rating System, are critical facilities regulation
required for compliance with the NFIP?
At this point in time the NFIP's Community Rating Systems recommends protection of
critical facilities to a 500-year flood level. Adherence to this recommendation is not required
to be in compliance with the NFIP. However, the federal government is in the process of
evaluating updates to the NFIP and its regulations and requiring protection of critical
facilities to a 500-year level is currently being evaluated as part of that process.
i;RA e= The o
nitas
Civil Engineering Solutions Group
CITY OF BOULDER
CRITICAL FACILITIES AND MOBILE POPULATIONS ORDINANCE
COST ANALYSIS
Prepared
For
CITY OF BOULDER
DEPARTMENT OF PUBLIC WORKS
Boulder, Colorado
Contact: Ms. Christie Coleman, P.E., CFM
March 15, 2011
Prepared Bv:
The Sanitas Group, LLC
1022 Willow Place
Louisville, CO 80027
Contact: Mr. Curtis C. Stevens, P.E., CFM
PROPOSED FLOODPLAIN ORDINANCE REVISIONS
COST ANALYSIS
Boulder, Colorado
,I- L
1.0 Introduction .......................................................................................................................................1
Purpose ..............................................................................................................................................1
Proposed New Regulations ...............................................................................................................2
2.0 Background ........................................................................................................................................2
Why Higher Regulation Standards? ...................................................................................................2
Why the City of Boulder ....................................................................................................................4
3.0 Mobile Population analysis ...............................................................................................................5
Methodology and Assumptions .........................................................................................................5
Analysis Results 6
Mobile Population Regulations Conclusions .....................................................................................7
4.0 Critical faciltiy analysis 7
Proposed Rules ..................................................................................................................................7
Extent of Impact on Critical Facilities ................................................................................................8
What about Hazardous Materials Facilities? .....................................................................................9
4.1 Fill Based Flood Protection Analysis ..................................................................................................9
Methodology and Assumptions .........................................................................................................9
Analysis Results ...............................................................................................................................10
4.2 Floodproofing Based Flood Protection analysis ..............................................................................10
Methodology and Assumptions .......................................................................................................10
Flood Depth 0-2 feet Analysis Results .............................................................................................11
Flood Depth 2+ feet Analysis Results ..............................................................................................12
4.3 Critical Facilities Conclusions ...........................................................................................................13
5.0 Final Conclusions .............................................................................................................................13
6.0 References .......................................................................................................................................14
Page ii
Mobile Population Analysis Calculations Appendix A
City of Boulder Emergency Planning for Flooding/Flash Flooding Evacuation and
Shelter in Place Guidelines Appendix B
Critical Facilities Analysis Calculations ....................................................................................Appendix C
City of Boulder Draft Critical Facilities Ordinance Appendix D
ASFPM White Paper "Critical Facilities and Flood Risk" Appendix E
Colorado Water Conservation Board (CWCB) Flood Regulations ..........................................Appendix F
Page iii
The City of "Boulder is the #1 flash flood risk community in Colorado". Because of this
elevated risk the city must diligently evaluate ways to reduce damages to property and
injuries resulting from flooding. Flood protection regulations increase public safety and
reduce potential damages from flood waters. Under current flood protection regulations,
two segments of the community are particularly vulnerable during a flood: Mobile
Populations and Critical Facilities. Mobile populations often lack flood risk awareness and
warrant additional flood protection regulations to improve public health and safety during a
flood. Critical Facilities warrant additional flood protection to ensure essential services for
the community remain uninterrupted or, if flooded, a facility does not pose a risk to public
health and safety.
In 2002, the City Council supported developing additional flood protection regulations for
Critical Facilities. City Staff, with input from the Boulder Chamber of Commerce, the Local
Emergency Planning Committee, Colorado Water Conservation Board, City of Boulder first
responders, local business owners, and members of the public, drafted additional flood
protection regulations for both Mobile Populations and Critical Facilities. Under the
proposed flood protection regulations, Mobile Populations facilities within the 100-year or
500-year floodplains will be required to have a Flood Emergency Operations Plan. Critical
Facilities within the 500-year floodplain will be required to dry floodproof, elevate,
construct floodwalls or construct other equivalent protection measures to the 500-year
water surface elevation plus one foot of freeboard. The proposed flood protection
regulations will not be enacted retroactively and will apply to future activities requiring a
City Floodplain Development Permit.
City Staff is currently studying the potential impacts of the proposed flood protection
regulations. As part of their due diligence, City Staff engaged The Sanitas Group to quantify
potential specific cost impacts to land owners and facility operators directly resulting from
the proposed flood protection regulations. For facilities with Mobile Populations, the cost
impacts addressed by this report include the cost of preparing a Flood Emergency
Operations Plan (shelter-in-place or evacuation options) and any added floodplain
development permitting costs. For Critical Facilities, the cost impacts addressed by this
report include engineering services needed to design the flood proofing measures,
construction costs to build the flood proofing measures, and floodplain development
permitting costs.
The following report summarizes the potential specific cost impacts to land owners and
facility operators directly resulting from the proposed flood protection regulations. The
report includes background data and the assumptions used to develop this cost impact
analysis. The cost opinions stated in this report are at a feasibility level study, meaning they
are meant to address overall characteristics and patterns of the subject properties, and
facilities were not analyzed on a specific case by case basis. Cost data was obtained through
previous project experience, discussions with local contractors and design professionals,
and RS Means Costworks data. Costs are based on 2010 dollars.
i www.BoulderFloodlnfo.net
Page 1
This analysis will look at two different parts of the proposed regulations. The first part
involves mobile populations located within the 100-year and 500-year floodplain areas.
Mobile populations consist of facilities such as hotels, motels, dormitories, bed and
breakfasts, hostels, and assembly group uses2 such as restaurants/taverns, theaters/halls
and similar spaces where groups of people gather. With the proposed new regulations,
facilities meeting the above description located within the 100-year and 500-year
floodplain will prepare a Flood Emergency Management Plan. The intent of these plans is to
make sure that staff and occupants are aware of the areas flooding potential and have
information they need to keep themselves safe. The City has prepared an emergency
planning document (see Appendix B) to assist property owners/managers in preparing
plans, and this document outlines both "shelter in place" and "evacuation" options.
Facilities will prepare plans upon change of use, new use, or expansion/building permit
application.
The second part of the new regulations is in regard to Critical Facilities located within the
500-year floodplain. Per the proposed Ordinance, a Critical Facility is defined as:
"any facility, including without limitation, a structure, infrastructure, property,
equipment or service, that if flooded may result in severe consequences to public health
and safety or interrupt essential services and operations for the community at any
time before, during, and after a flood. A critical facility is classified by the following
categories: (1) Essential Services Facilities, (2) Hazardous Materials Facilities, (3) At-
risk Populations Facilities."
Under the proposed regulation, new or substantially improved/modified at-risk population
and essential service facilities will protect buildings through floodproofing, floodwalls,
elevation or other equivalent measures to the 500-year water surface elevation plus one
foot of freeboard. In instances where the standard 100-year flood protection elevation
(100-year water surface elevation plus two feet) is lower than the S00-year water surface
elevation plus one foot, the 100-year flood protection elevation may be used. For additions
to existing critical facilities that are smaller than these limits, the new construction will be
protected to the 500-year water surface elevation plus one foot of freeboard or 100-year
flood protection elevation. Hazardous materials facilities will be required to secure their
hazardous materials from flooding during a 500-year flood event upon new use or
modification requiring a building permit.
Additional discussion of the proposed new regulations is included in the detailed analysis.
2.0 BACKGROUND
Historically, the original approach to mitigating the effects of flooding was construction of
flood mitigation projects such as channelizing the watercourse and construction of flood
levees. However, these projects did nothing to prevent unwise development in floodplains
and as a result, flood damage and risk for flood damage actually increased. In response to
continually increasing flood recovery costs, regulations have evolved to provide rules on
how to develop in the 100-year floodplain. The National Flood Insurance Program (NFIP)
2 2009 International Building Code, Chapter 3, Section 303 "Assembly Group A"
was started in 1968. This program provides minimum regulations for communities which
promote safer development in the floodplain, and makes available flood insurance for all
residential and non-residential buildings.
Even with these efforts to minimize flood impacts, damages due to flooding in the United
States, both in terms of human safety and economic recovery costs, continue to rise.
Additionally, an increased barrier to local community economic and social recovery from
flooding has been noticed in areas where flood damage has occurred to a subset of critical
uses in flood prone areas. In response, the National Flood Insurance Program has developed
the Community Rating System and the Community Rating System Coordinators Manual
which promotes research on additional flood protection measure local governments can
adopt including the development of 500-year protection standards for critical land uses.
Nationally, the concept of promoting additional protection to critical facilities beyond the
standard 100-year flood event is not a new one. In 1977, through Executive Order 11988
(which is implemented though Title 18, Chapter VI, Part 725 of the Code of Federal
Regulations and the U.S. Water Resources Council's Floodplain Management Guidelines for
Implementing Executive Order 11988) federal critical facilities are directed to either avoid
the 500-year flood plain or protect federal facilities to the 500-year water surface level.
This is in order to insure that during a major flood event, critical government operations
sustain the least structural and economic damage and inflict the least environmental
damage possible.
Nationally, there is a renewed interest in providing a higher level of protection, specifically
for critical facilities. In November 2010, the Association of State Floodplain Managers
(ASFPM) published a white paper called "Critical Facilities and Flood Risk" (see appendix E).
The paper specifically called for states to adopt rules protecting critical facilities from the
500-year flood event. Additionally, FEMA has been encouraging communities to adopt
higher standards and is currently working on updating the NFIP to try and strengthen the
rules regarding critical facilities.
Because flood risk is very much an economic risk, it is prudent that we take a commonsense
approach to examining the rules and regulations that have been followed by floodplain
managers for the last 40-years. For the most part, the current approach to floodplain
management deals primarily with how to build in a floodplain; not how to minimize future
damages and create a sustainable environment. The basis of sustainability mandates that
we simply cannot continue to do the same things as we have done in the past.
According to ASFPM publication "Floodplain Management 2003: State and Local Programs",
at that time a total of six states required critical facilities to be protected from the 500-year
flood event. These states are Alabama, Illinois, Michigan, Mississippi, North Carolina, and
Ohio. At the local level, the City of Fort Collins has also adopted critical facilities regulations
for their 100 and 500-year floodplains. In 2010, the State of Colorado, through the Colorado
Water Conservation Board (CWCB), proposed new "Rules and Regulations for Regulatory
Floodplains in Colorado". Rule 6 of this document defined critical facilities and set higher
protection standards for those facilities. Although the rules do not require that critical
facilities be protected outside of the 100-year floodplain, the document recommends that
local communities use the 500-year floodplain in their critical facilities planning.
Page 3
As previously stated, the City of Boulder is the #1 flash flood risk community in the Front
Range of Colorado, and the City has historically had stricter flood protection regulations
than the NFIP and the State of Colorado's Colorado Water Conservation Board. This is due
to the fact that the City is located at the base of the foothills, with a number of creek
drainages coming directly into the City. Because of this flood risk, the complications to flood
recovery that damaged critical facilities present and the current exposure of many critical
facilities to flood damage, in 2002 the City Council endorsed the investigation and
development of additional protection measures that will help protect critical facilities
serving the City. This guidance was later incorporated in the Comprehensive Flood and
Stormwater Master Plan in 2004. This master plan directs city staff to review and update
the floodplain regulations occasionally in order to reflect the ever changing needs of the
community. In 2008, the City of Boulder's Multi-Hazard Mitigation Plan was adopted. This
plan calls for the development of an ordinance that will regulate critical facilities located in
the 500-year floodplain as a top priority. City Council reiterated their support for such an
ordinance in April 2009.
When new flood protection regulations are proposed for Boulder, many people ask "Why?"
pointing out that Boulder is not in the southeast where flooding can occur over days or even
weeks in the spring or can result from hurricanes like along the gulf coast. They are correct;
Boulder is not subject to the long-term flooding that impacts some portions of the country.
But Boulder is at risk to flash flooding in many areas, and although the duration of the
flooding is shorter, that does not mean the impacts are not significant. In a flash flood,
water levels rise very quickly, often with little or no warning giving little time to implement
flood protection measures or evacuate. Combine this with the city's step gradient streams
which will exhibit high water velocities and the very rapid increases in flow depth
associated with flash flooding, and the danger to public safety is significant. Additionally,
during a flood, it does not matter if you have water in your living room or mechanical room
for 2 days or 2 weeks, the structure and contents will still be significantly damaged. When
this damage occurs to critical facilities it will impede flood response and community
recovery.
It should be pointed out that loss-of function impacts associated with flooded critical
facilities are sometimes as important as or even more important than the direct physical
damages. For example, the loss of function of a hospital or fire station or other facility
critical to the emergency response and recovery during and immediately after a disaster
may have a much greater economic impact on the community than simply the repair costs
for the physical damages. Similarly, loss of utility services (water, power and sanitary
sewer) has a much larger economic impact on a community than simply the costs to repair
damage to the utility system.
The positive side to Boulder's flood situation is that there are many relatively low cost
solutions that when properly thought out and implemented, can have significant impacts on
minimizing damages during a flood. By requiring operators of mobile population facilities
to prepare a Flood Emergency Management Plan, public safety can be significantly
increased, for a relatively low cost. By educating the operators of such facilities of the flood
risks, having a warning system to notify of a flood warning or watch in place, and having a
chain of command and procedures to follow can greatly reduce the risk of injury or death.
Additionally, by making sure groups of people are either evacuated from the flood zone; or
Page 4
in a safe shelter from the flood, emergency services can focus on those less fortunate. This
sort of planning can help educate the community of Boulder's flood risk and reduce injuries
or even deaths during flooding.
Protecting critical facilities in Boulder from the 500-year flood event can also be a cost
effective solution. The majority of areas subject to 500-year flooding in the City are subject
to depths 2' or less. Constructing floodwalls, importing fill to raise the building site, or
floodproofing to these smaller depth can be done in a cost effective manner in many cases.
Due to the flash flooding nature of the creeks in the area, flood levels go down quickly,
allowing roads and access to critical facilities to be reopened quickly. Having these facilities
operational and ready for service immediately means the downtime of City services is
greatly reduced, increasing human safety and minimizing the economic impacts from a
flood.
Additional discussion of the benefits and impacts resulting from the proposed regulations is
included in the detailed analysis below.
The proposed regulations will require facilities classified as a mobile population by the City
to prepare a Flood Emergency Management Plan. The City has prepared a guideline and
checklist to assist facility owners/operators as well as engineers and architects in preparing
plans. A copy of this document is included in Appendix A for reference. For this analysis,
The Sanitas Group was tasked with analyzing the direct costs of preparing the required
Flood Emergency Management Plans. This includes the cost to review the City
requirements, discuss plan options with pertinent parties, and prepare the final plan for
review and approval by City staff. The analysis will analyze direct costs to prepare a plan,
and costs associated with community benefits, like reduced deaths and injuries and avoided
emergency management costs, were not analyzed, although these impacts are discussed in a
qualitative manner.
After review of the City database of mobile populations and their locations throughout the
City, it was determined that evacuation based plans would be the most common for existing
facilities. This is due to the fact that in order to shelter in place, a structural engineer will
need to verify that the existing structure can withstand the hydrodynamic forces generated
from flood waters. Additionally, a shelter in place plan requires that any necessary supplies,
including water, food, bedding, etc. be stored on site for any potential occupants during a
flood. All of these items have costs and coordination/upkeep time associated with them.
Therefore, it is reasonable to expect that when possible, facility owners will prefer to utilize
an evacuation plan. Shelter in place plans will most likely only be utilized in areas of high
hazard flooding, excessive flood depths, large evacuation distance to non-flooded areas, or
areas of high velocity flood waters. Based on a review of facility types and locations, it is
expected that approximately 10% of existing facilities classified as mobile populations will
shelter in place.
For evacuation and shelter in place plans, two scenarios were reviewed, a simple one and a
more complex. A summary of plan assumptions is as follows;
Page 5
Simple Evacuation Plan
Facilities that fall under this designation may consist of:
• Smaller to mid-size facilities with one main gathering area or a limited number
of rooms that are in close proximity to each other.
• Facilities that do not provide overnight housing, temporary or permanent.
• Areas of shallow flooding with direct evacuation routes to higher elevations.
• Evacuated persons will not necessarily need housing/long term shelter once
evacuated if facility is damaged/inaccessible.
• Will include most gathering spaces such as halls, restaurants, theatres,
gymnasiums, etc. (Assembly Group Uses).
Complex Evacuation Plan
Facilities that fall under this designation may consist of:
• More complicated facilities such as hotels, dormitories, etc. that occupants will
be spread out in and will take more advanced planning and staff to assure
everyone is accounted for and safely evacuated.
• Facilities that have temporary or permanent residents that may require
housing/shelter once they have been evacuated.
Simple Shelter in Place Plan
Facilities that fall under this designation may consist of:
• Designations similar to that of the simple evacuation plan facilities.
• New facilities where the structural analysis and necessary components to deal
with flood waters have been previously incorporated into the design.
• Existing facilities with flood depths and foundation/structural components that
will allow for a structural engineer to do a basic review and analysis of the
structure and approve for sheltering in place.
• Facilities without occupants that would require planning for storage for medical
supplies beyond that of a basic first aid kit.
Complex Shelter in Place Plan
Facilities that fall under this designation may consist of:
• Facilities with a large number of occupants that require advanced staff planning
to track and account for.
• Facilities that will require a high level of structural analysis by a structural
engineer to determine if flood waters can be supported.
In order to review costs of the different levels of Flood Emergency Management Plans,
spreadsheets were created for the different scenarios. The spreadsheets broke down basic
tasks associated with preparing the plan and an approximate number of hours applied. For
this analysis, an average consulting/preparation fee of $100 per hour was used. The
spreadsheets are included in Appendix A for reference. A summary of results is below:
Page 6
Evacuation Based Shelter in Place Based Shelter in Place -
New Construction
Simple Complex Simple Complex
Approximate Number 95 12 6 5 N/A
of Existing Facilities
Impacted
Estimated Plan Prep $2,500 3,600 $5,000 $11,500 $3,500
Costs
City Fees $542 $542 $1,082 $1,082 $1,082
Total Costs $3,042 $4,142 $6,582 $12,582 $4,582
See Appendix A for detailed calculations.
Based on the results of the analysis, it is expected that approximately 80% of facilities
classified as mobile populations which required a Flood Emergency Management Plan will
fall under the simple evacuation plan category. For these facilities the process for
completing plans and gaining city approval involves the development of site specific plans
and flood education.
For facilities requiring a structure in place plan, the structural evaluation for sheltering in
the building during a flood event may call for structural improvements. The costs for the
shelter in place plans include an estimated structural engineering analysis fee, but due to
the number of different construction types and facility sizes in the City, the associated fee
can vary greatly. Due to this, actual construction costs of structural improvements that may
be implemented are not included as part of this analysis. It is expected that the number of
facilities who chose to shelter in place and require building improvements after structural
review will be limited and the improvements will vary on a case by case basis.
Emergency management plans will develop the most practical solution that can be
implemented properly and safely. One of the benefits to requiring these plans is the
increase in knowledge about flood situations and how they are going to affect certain areas.
The plans will promote situational awareness, and monitoring of the weather for flood
warnings and watches. The increase in public safety resulting from having a plan before the
flood hits can be significant. This analysis does not apply a monetary value to increased
public safety, but we do feel its benefit is important to note.
The second part of the proposed ordinance involves critical facilities. As stated previously, a
Critical Facility is defined as:
"any facility, including without limitation, a structure, infrastructure, property,
equipment or service, that if flooded may result in severe consequences to public health
and safety or interrupt essential services and operations for the community at any
time before, during, and after a flood. A critical facility is classified by the following
categories: (1) Essential Services Facilities, (2) Hazardous Materials Facilities, (3) At-
risk Populations Facilities."
Page 7
• "Essential Services" include, without limitation, public safety, emergency
response, emergency medical, designated emergency shelters, communications,
public plant facilities and equipment, and government operations.
• "At-risk Population Facilities" include, without limitation, pre-schools, public
and private primary and secondary schools, before and after school care centers
with 12 or more students, daycare centers with 12 or more children, group
homes, and assisted living residential or congregate care facilities with 12 or
more residents.
• "Hazardous Materials Facilities" include (a)Facilities subject to Section 303 of
the Emergency Planning and Community Right to Know Act, 42 USC §11003,
because they have an "Extremely Hazardous Substance" in excess of the
"Threshold Planning Quantities" established by the United States Environmental
Protection Agency and listed at 40 CFR Part 355, Appendix A and Appendix B.
(b)Unless covered by subpart (a), facilities storing Hazardous Material as
defined by Department of Transportation regulations at 49 CFR Parts 171-180
but only to the extent that the facility is storing the Hazardous Material in the
"Bulk Packaging" container in which it was delivered as that term is defined at
49 CFR 171.8. (c)Facilities storing a Hazardous Substance of the type and
quantities listed by §29-22-107 C.R.S. (d)Facilities regulated as transfer stations
under Colorado hazardous waste regulations at 6 CCR 1007-3, Part 263.
The City has researched business and government operations that have the potential to be
classified as a critical facility under the new ordinance. This list was used as a dataset from
which attributes of average facility types, construction methods, flood depths, and locations
were developed. The subsequent analysis represents average compliance cost representing
the types of facilities and characteristics of flooding expected. Any facilities that are non
representative (for either having less than average cost of compliance or more than average
cost of compliance) are not explicitly analyzed. For the purpose of this analysis, existing
buildings that have the potential to be considered critical were used to develop costs of
compliance. Any future critical facilities that chose to construct in the 500-year floodplain
can reasonably be expected to be of similar sizes and types.
For operators of critical facilities that wish to make improvements, there are a number of
ways they can protect their property from flood waters, including importing fill, elevating
the first floor via structural improvements, construction of flood walls, and floodproofing.
The two most common and economical forms of flood protection for individual properties
in Colorado are importing fill in order to raise the building site, and floodproofing the
building. This analysis has been tasked with reviewing these two most common flood
protection approaches specific to the City of Boulder. For the purposes of this analysis, new
facilities are assumed to utilize a fill based flood protection approach, and be of similar type
and size as existing critical facilities within the City of Boulder. Detailed discussion of both
approaches and their associated benefits and impacts is presented below.
Page 8
The proposed ordinance will require facilities that store hazardous materials to protect
those materials from being released during the 100 and 500-year flood events. Many types
of hazardous materials are required to be stored in a water tight manner by existing EPA
regulations, and most are stored inside an existing structure or with permanently mounted
tanks adjacent to the building. Based on these types of best management practices, it is
anticipated that the majority of hazardous materials facilities will choose to obtain an
engineer's certification that the hazardous materials will be secure during a flood instead of
floodproofing or elevating the facility. Protecting materials from release would require
confirming that they are stored in watertight containers, which is very common, and cannot
float away, which is also common as most hazardous materials are stored inside a building
or a secure facility. Other economical solutions may involve certifying that hazardous
materials are stored in an elevated location protected from flood waters; this can be
accomplished with shelves or similar means. In cases where a facility may have a
permanent tank storing hazardous materials, the tank will need to be elevated or evaluated
to confirm it cannot float away during a flood. If flooding is a concern, additional mounting
supports may be required. All of these solutions would be of significantly lower cost than
floodproofing the entire structure. Applying the above techniques to the construction of a
new facility would have a negligible impact on the overall construction cost of the project.
In the rare case an entire hazardous materials facility needs to be elevated or floodproofed,
the results of the cost analysis for at-risk and essential services facilities would apply.
When importing fill to raise a building site, the key factors are the size of the building
footprint and depth of fill required to raise the site to the desired grade. After reviewing
City data regarding potential critical facilities, it was determined that two building
footprints would provide a representative sample. A 5,400 square foot footprint represents
the approximate average building footprint of the smaller facilities, and a 65,000 square
foot footprint represents the approximate average of the mid-size to larger facilities. These
two footprints were utilized in the fill analysis. A summary the existing structure sizes is
included in the appendices.
Based on a review of the City data on potential critical facilities, the approximate depths of
flood water during the 500-year event for the impacted 26 facilities were reviewed. It was
determined that the average water depth was approximately 2.0 feet. For this analysis,
three water depths would provide a representative sample size, with additional water
depths of 0.5 foot and 3.5 feet. With the required 1-foot of freeboard included, the final
depths of fill used in this analysis were 1.5 feet, 3.0 feet, and 4.5 feet.
For a typical fill section, it was assumed that the area under the building footprint would
require structural fill. All other areas of the property would utilize a lower cost standard fill
material. For earthwork volume determination, it was assumed than an average tie in slope
of 20:1 horizontal to vertical (5%) from the building limits to existing grade would be
reasonable. Slopes steeper than this are difficult to provide ADA access and parking on.
The unit costs for fill are "in-place", meaning the final cost includes the purchase of the
material, delivery, and fill placement in compliance with necessary compaction
Page 9
requirements. Fine grading costs are excluded, as the developer would be required to do
fine grading on the site with or without the fill requirements of the proposed ordinance.
The results of the fill analysis showed fill costs per square foot of building footprint ranging
from $1.13 to $9.68. The resulting percentage increase in building costs per square foot
ranges from 1% to 6%, with the majority between 1% and 3%. These results are based on
single story construction in order to look at worst case scenarios, and an initial per square
foot construction cost of $160 per square foot for smaller facilities and $135 per square foot
for larger facilities. See Floodproofing Assumptions in Appendix C for details on base cost
determination. In the case of a multi-story facility, the amount of fill required per square
foot of building is less than for a single story structure of similar footprint; therefore the
percent increase in construction costs per overall building square footage would be lower.
A summary of results is presented below:
Building Footprint
5,400 Square Feet 65,000 Square Feet
Depth of Fill Required (ft) 1.5 3.0 4.5 1.5 3.0 4.5
Fill Quantity (C1) 612 2,015 4,905 4,530 11,155 20,285
Fill Cost per Building SgFt $1.52 $4.36 $9.68 $1.13 $2.54 $4.31
Orig. Assumed Const. Cost $160 $160 $160 $135 $135 $135
Adjusted Construction Cost $161.52 $164.36 $169.68 $136.13 $137.54 $139.31
% Increase 0.94% 2.65% 5.70% 0.83% 1.85% 3.09%
See Appendix C for detailed calculations.
Importing fill as a means of flood protection is an effective solution for protecting critical
facilities, especially on new large scale projects. In the 500-year floodplain the water depths
and velocities are typically lower than in the 100-year, meaning the average depth of fill
required on most sites is less than 100-year areas, Additionally, there are no FEMA flood
permitting requirements for 500-year flood areas, reducing the costs and timeframe
compared to 100-year flood areas. This method of flood protection is expected to be most
commonly used on new construction, and is limited to properties that have adequate space
to raise the building and still provide adequate access from adjacent roads, etc. See the
Critical Facilities Conclusions section for additional discussion.
4., FLUuL)?K Ur1PJ(i 13A_t)tU rLUUU PKO ILLiiUN ANALYSiJ
The costs associated with dry floodproofing a structure can vary significantly depending on
the building construction type and size, the depth of the floodwaters, and the number of
doors, windows, and other openings. Because of this, standardized cost data for
floodproofing is limited. The cost data that is available is related to the 100-year floodplain,
and includes a wide range of building types including wood frame residential structures,
which because of the relatively weak timber structural components typically have a higher
floodproofing costs. The proposed critical facilities ordinance will only impact facilities
containing critical land uses located in the 500-year floodplain, buildings that typically have
commercial grade construction types and have shallow flood depths.
A review of the potential critical facilities identified by the City of Boulder as being essential
services or containing at-risk populations showed that the typical construction type for
these facilities involves either brick, masonry, or similar type water resistant construction.
Additionally, large storefronts or similar types of construction that include large expanses
of windows or similar wall openings that go low to the ground are not common.
The current 500-year flood depths were reviewed at each site, and it was determined that
30% of the potential at-risk population or essential service facilities currently have main
level finish floors located greater than 1-foot above the 500-year floodplain, and therefore
would not require floodproofing. In order to have an accurate representation of required
floodproofing depths, these facilities were excluded from that analysis. The remaining
facilities were used as a sample set for the floodproofing analysis.
When floodproofing an existing structure, there are two main types of floodproofing often
utilized. The first involves providing a waterproof barrier that uses the existing walls for
support. This approach can only be used for lower flood depths, as the existing wall
structure can only resist a certain amount of load. Based on a review of FEMA design
guidelines, as well discussions with local design professionals, existing structures can
typically resist water depths of 1 to 3 feet, depending on the existing structural design.
Doors and other openings are typically protected by reinforced floodproof doors, and
floodgates. For structures where the existing wall systems cannot resist the forces from the
flood waters, it is typically most cost effective to install a ringwall around the structure to
provide flood protection. Access openings in the ringwall are typically protected by a
floodgate or similar device that remains open until flood waters come up. In some cases,
the ringwall is tied into the existing structure at doors, and a floodproof door installed. This
analysis included costs for floodgates.
The cost-impact analysis results are broken into two groups, one for facilities with 500-year
flood depths of 2 feet or less (flood protection depth of 3 ft), which are assumed to be able
to utilize the existing wall structure to resist flood forces, and a second group consisting of
flood depths greater than 2 feet where a concrete ringwall is utilized for flood protection.
A review of City data finds that 56% of the proposed at-risk population and essential service
facilities that will require floodproofing, or 38% to the total number of potential at-risk
population and essential service facilities in the 500-year floodplain, will have flood depth
in the range of 0-2 feet. The main level building footprints of these sites were reviewed and
two representative building sizes were chosen for the analysis, 3,000 square feet and
35,900 square feet. The average 500-year flood depth for these 10 facilities is 0.6 feet.
Floodproofing - Facilities with Flood Depths to 2 Feet
3,000 Square Feet 35,900 Square Feet
Floodproofing Depth (FT) 0-3 0-3
Estimated Average Cost $29,940 $121,340
Contingency (20%) 20% 20%
Total Estimated Average Cost $35,928 $145,608
Estimated Cost per S.F. $12 $4
See Appendix C for detailed calculations.
Based on the results presented above, it is estimated that floodproofing existing structures
where the existing structure can resist the forces from flood waters will cost between $4
and $12 per square foot. One half of the proposed at-risk population and essential service
facilities located in the 500-year floodplain are anticipated to be able to floodproof in this
manner. Existing facility sizes included in this portion of the analysis range in size from
under 1,000 square feet to over 65,000 square feet. The results are based on a single story
facility. In cases where a multi-level facility is involved, the cost per total square footage
would be reduced significantly.
To determine base substantial improvement or modification costs two alternative trigger
points were analyzed. The first, substantial improvements, requires the owner to improve
the existing structure more than 50% of its current building value. For substantial
improvements, the proposed facilities for which Assessor's building value information was
available were averaged and multiplied by one-half. A resulting baseline remodel cost per
overall building square foot of approximately $38 per square foot to trigger the need for
floodproofing was determined. This is an average of varying building types and sizes,
therefore actual numbers will vary and this is only the average minimum. A full remodel
project will cost significantly more per square foot. The second trigger point, substantial
modifications, applies if the existing building square footage is increased more than 50% via
an addition. For this, an average of the base construction costs used in the fill analysis
($135/SF and $160/SF) was used, resulting in $148 per square foot as a baseline
construction cost that would trigger floodproofing. Under the minimum substantial
modification threshold up to three feet of building could be protected for one foot of
addition resulting in a worst case base cost per square foot of $49/SF. The average of the
substantial improvement or modification costs is $44 per square foot.
A review of City data estimates that 44% of proposed at-risk population and essential
service facilities that require floodproofing will have flood depths greater than 2 feet. The
main level building footprints of potential sites were reviewed and two representative
building sizes were chosen for the analysis, 3,000 square feet and 69,000 square feet. In
order to provide a conservative estimate on cost of compliance existing facilities with flood
depths greater than 2 feet are assumed to utilize a ringwall for flood protection. This is a
worst-case analysis, as existing structures utilizing masonry block or concrete construction
may be able to resist higher flood depths than the three foot design threshold used here.
Floodproofing - Facilities with Flood Depths Greater than 2 Feet
3,000 Square Feet 69,000 Square Feet
Average Flood Depth (FT) 3.5 3.5
Flood Protection Depth (FT) 4.5 4.5
Estimated Cost per S.F. $76 $11
See Appendix C for detailed calculations.
The resulting costs can range from $11/SF or less for large multi-level facilities, to $76/SF
plus for small single level facilities. Ringwalls are a cost effective solution for large or
multilevel structures in areas of relatively deep flooding. For small existing structures,
compliance with the proposed ordinance is required only for additions or remodels
exceeding 50% of the value of the structure. For small buildings, such a large improvement
will most likely include such a significant change to the structure involving structural
improvements. In this situation additional evaluation to include dry floodproofing
measures will be more cost effective than installing a ringwall. This approach is site and
building specific, therefore the worst case scenario of installing a ringwall was assumed for
Page 12
this analysis. It should be noted that only 2 facilities impacted by the ordinance have a
footprint of less than 5,500 square feet and flood depths greater than 2 feet, and both of
those are preschools/day care centers located in single family home structures. The single
family structures could still be used as a single family home and therefore another cost
effective alternative may be to relocate the facility to another single family home outside of
the 500-year floodplain. The anticipated cost impacts for the remaining 6 larger structures
in this category ranges from less than $11/SF to roughly $40/SF. This is a conservative
analysis assuming none of the structures would be able to utilize the existing structure for
flood protection.
Using the same data as discussed previously for the 0 to 2 foot flood depth analysis, the
average baseline cost for substantial improvement or modification average costs is $44 per
square foot.
Of the potential at-risk populations and essential service facilities located in the 500-year
floodplain, 30% are potentially located above the 500-year water surface elevation, 38%
have flooding depth of zero to two feet and 31% have flooding depths greater than 2 feet.
The cost associated with providing flood protection to these facilities is dependent on the
depth of flooding and existing structural configuration of the facility.
When the extensive flood risk in the City of Boulder, is coupled with the limited future
development space, it is likely that new critical facilities will be constructed in the 500-year
floodplain. Importing fill to elevate the building is a cost effective approach to provide flood
protection in 500-year flood areas. The flooding depths and velocities are typically lower
than in the 100-year floodplain. Additionally, permitting requirements for importing fill in
the 500-year floodplain are less than in the 100-year, as there are no FEMA approvals
necessary, reducing costs and timeframe impacts.
It should also be noted that Boulder Valley School District (BVSD) facilities, Boulder County
Facilities, Federal Facilities, State of Colorado Facilities and facilities operated by the
University of Colorado have no requirement to comply with the City of Boulder critical
facilities and mobile population ordinance. Critical facilities and mobile population facilities
operated by these entities are included in this analysis, as the City will encourage all critical
land uses and mobile population facilities to comply with the proposed ordinance.
Protecting critical facilities and mobile population facilities from flooding is important for a
number of reasons, whether it be reducing the economic impact of flooding, protecting
public health or reducing risk to life and safety. When a critical facility is damaged from
flood waters, the damage extends well beyond the limits of the facility itself and includes
loss of everyday services that can have severe economic impacts to a community and delays
the economic and social recovery of the community. Protecting mobile population facilities
through emergency management plans will allow the dispersement of flood protection
information to people not familiar with Boulder's flood risk or the area they are located.
Page 13
Providing 500-year flood protection to critical facilities and mobile population facilities will
increase public safety, reduce the impact of flooding, and increase the communities'
sustainability and ability to recover and thrive after a major flood.
In summary:
1. Educating the public on the risks associated with flooding is one of the best ways to
reduce injuries and loss of human life. Requiring operators of facilities containing
mobile populations to have a Flood Emergency Plan in place will increase public
knowledge and planning.
2. Providing flood protection to critical facilities protects the overall community
population, not just the public within a defined floodplain.
3. Providing flood protection to a critical facility limits the interruption of response
and service to the public during a flood event.
4. Providing flood protection to critical facilities helps control costly repairs to public
or private infrastructure facilities, which are extended to the overall community.
The intent of this analysis is to provide a feasibility level opinion of probable cost impacts
associated with the proposed ordinance. A list of assumptions is included in the appendices
for reference. Facility specific costs were not part of this analysis, and actual bid costs for
construction will vary depending on actual site conditions, economic conditions, and extent
of work proposed on the facility.
• "Critical Facilities and Flood Risk" prepared by Association of State Floodplain
Managers, Inc., November 2010.
• "Rules and Regulations for Regulatory Floodplains in Colorado" prepared by the
Colorado Water Conservation Board, November 17, 2010.
• "2010 Proposed Rules and Regulations for Regulatory Floodplains in Colorado - Cost,
Benefit, and Regulatory Analysis" prepared by Icon Engineering and Colorado Water
Conservation Boars, October 14, 2010.
• "Cost, Benefit, and Regulatory Analysis - Addendum 1 Colorado Water Conservation
Board, November 1, 2010.
• YDOT Construction Cost Data 2009", Colorado Department of Transportation.
• "RS Means CostWorks , online construction cost database, RS Means.
Page 14
lit Y LS%Yl Y!~ L-1
MOBILE POPULATION ANALYSIS CALCULATIONS
The Sanitas Group, LLC 1022 Willow Place I Louisville, CO 80027 303.981.9238
Mobile Populations - Summary i „
FOR:
Preparation of Flood Emergency Operations Plans
100-year & 500-year Floodplain Areas Group
Evacuation Based Shelter-in-Place - Existing Facilities Shelter-in-Place - New Facility
Simple Complex Simple Complex
Approximate Number of N/A
95 12 6 5
Existing Facilties Impacted
Plan Prep Costs $2,500 $3,600 $5,500 $11,500 $3,500
City Fees $542 $542 $1,082 $1,082 $1,082
Total Costs $3,042 $4,142 $6,582 $12,582 $4,582
Simple Evacuation Plans consist of:
,Smaller to mid-size facilities that typically consist of one main gathering area or a limited number of rooms that are in close proximity to each other.
,Facilities that do not have temporary or permanent residents.
,Are in areas of shallow flooding with direct evacuation routes to higher elevation locations
,Most gathering spaces such as meeting romps, restaurants, theatres, gymnasiums, etc (Assembly Group Uses) are assumed to require a simple plan.
>Evacuated persons will not necessarily need housing/long term shelter once evacuated.
Complex Evacuation Plans consist of:
>More complicated/larger facilties such as hotels, dormitories, etc. that have multiple gathering spaces/spread out occupants that will require more advanced
planning and additional staff to safely evacuate.
,Facilities that consist of permanent or temporary residents that may require housing/shelter once they have been evacuated.
Shelter-in-Place Cost Notes
,The final fee for shelter-in-place projects that require a structural analysis may vary significantly due to the different construction types and facility sizes. For a
"simple" plan, a fee of $1,500 for strucutural analysis was used. For the "complex" plan, a estimated fee of $6,500 was used for a strucutural engineer to complete
a full structural analysis of an existing structure.
The Sanitas Group, LLC
Flood Emergency Evacuation Plan l i i ie u
Estimated Consulting Fees 16Anitas
Simple Evacuation Based Plan Group
SPECIFIC TASK ESTIMATED HOURS
1 Review city requirments (Planning Guide, Submittal Requirments, etc.) 4
2 Review floodplain information regarding subject property. 1
3 Discuss requirments with client/owner and determine planning approach. 2
4 Prepare outline of report covering planned approach. 2
5 Discuss planned approach with City staff. Contact Boulder County 2
6 Prepare draft of Flood Emergency Management Plan 6
7 Client review and plan edits. 4
8 Submit to City and respond to City comments/edits. 4
Total Estimated Hours 25
Estimated Associated Consulting Costs $2,500
(Based on average hourly rate of $100/hour)
The Sanitas Group, LLC
Flood Emergency Evacuation Plan i 1 ie u
Estimated Consulting Fees ~ankas
Complex Evacuation Based Plan Group
SPECIFIC TASK ESTIMATED HOURS
1 Review city requirments (Planning Guide, Submittal Requirments, etc.) 4
2 Review floodplain information regarding subject property. 2
3 Discuss requirments with client/owner and determine planning approach. 3
4 Prepare outline of report covering planned approach. 2
5 Discuss planned approach with City staff. Contact Boulder County 4
6 Prepare draft of Flood Emergency Management Plan 10
7 Client review and plan edits. 6
8 Submit to City and respond to City comments/edits. S
Total Estimated Hours 36
Estimated Associated Consulting Costs $3,600
(Based on average hourly rate of $100/hour)
The Sanitas Group, LLC
Flood Emergency Evacuation Plan i i i~ u
Estimated Consulting Fees k' ~ClClnl s
Shelter In Place Awl-- Group
SPECIFIC TASK ESTIMATED HOURS
1 Review city requirments (Planning Guide, Submittal Requirments, etc.) 4
2 Review floodplain information regarding subject property. 2
3 Discuss requirments with client/owner and determine planning approach. 2
4 Prepare outline of report covering planned approach. 2
5 Discuss planned approach with City staff. Contact Boulder County 6
6 Prepare draft of Flood Emergency Management Plan 10
7 Client review and plan edits. 5
8 Submit to City and respond to City comments/edits. 4
Total Estimated Hours 35
Estimated Associated Consulting Costs $3,500
Based on average hourly rate of $100/hour)
Additional Items
1 Strucutral Analysis of Existing Structure - Simple $2,000
2 Strucutral Analysis of Existing Structure - Complex $8,000
The Sanitas Group, LLC
APPEi-NDIR t
CITY OF BOULDER EMERGENCY PLANNING FOR
FLOODING/FLASH FLOODING EVACUATION AND
SHELTER IN PLACE GUIDELINES
Emergency Planning for Flooding /Flash Flooding
Evacuation and Shelter-in-place
Purpose: This document is being provided to entities whose facilities are subject or may be subject to flooding and /or
flash flooding to utilize in the preparation of evacuation and /or shelter-in-place plans. This document is intended for use
by entities such as: long term care facilities, hotels, motels, day care facilities, schools, dormitories, and high occupancy
areas, etc in creation of their flood response plan. Entities should utilize this document as guidance for preparing a
written plan. This document is also being utilized by City of Boulder planning staff to review the plans prepared.
Background: The City of Boulder is the #1 flash flood risk in the State of Colorado. This is due to the city's location at
the mouth of the Boulder Canyon and the number of people who live and work in the floodplain. An emergency action plan
can help with preparing for this natural disaster. This document was created in conjunction with the development of a
critical facilities ordinance for the City of Boulder. For more information concerning this document or the ordinance,
please contact the City of Boulder's Planning and Development Services Center at (303)441-1880 or
plandevelop(a bouldercolorado.gov
NOTE: Emergency management plans must include either an evacuation plan (certified by a registered architect or
Colorado registered professional engineer) or a shelter-in-place plan (certified by a Colorado registered professional
structural engineer).
Planning Planning Criteria / Questions Plan Review Guidelines
Element For use b those preparing plans) For use b those reviewing plans.)
General Planning Considerations
Situational • How does your facility monitor severe A section regarding monitoring of ❑ Met
Awareness weather situations? During off hours? severe weather situations should be ❑ NOT Met
• Who has responsibility for monitoring included in the plan. This section
severe weather? should detail a plan for keeping staff
• What is the step-by-step response plan informed of potential issues related
for flood watches, flood warnings? to severe weather.
• How and when is the staff informed of
changing weather situations?
Page 1 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
Plan Activation . Is a decision tree or other schema The plan should be specific as to ❑ Met
Decisions available to assist managers in making how decisions to shelter-in-place ❑ NOT Met
decisions? and/or evacuate are made. The
Is there sufficient time to organize a safe plan should list who is authorized to
evacuation? make evacuation decisions. Note:
• Is the likelihood of harm to persons more the plan may include several types
if they stay in place, or more if they of evacuations and no one method is
evacuate? preferred. The choice of evacuation
• Is there sufficient staff to safely versus shelter-in-place will be
evacuate? If not, how quickly can staff be situation dependent. Often a flow
called in to assist? chart is included, but it isn't
Is there a place that will be adequate for necessary if the decision-making
shelter-in-place? Are there upper floors? criteria are clear and apparent to the
Is back-up power available? reader.
Are there adequate supplies to shelter for
up to 48 hours without outside
assistance?
Notifications . Plans should include a section showing A list of those persons /entities to be ❑ Met
who will be notified once the decision to notified should be included in the ❑ NOT Met
shelter-in-place or evacuate has been plan. At a minimum, the list should
made by your facility. include:
• Contact information should be included 0 Emergency Management
and up to date. • Alternate locations for
• Notifications should be made to: family evacuation
members, emergency management, staff, • Family Members
persons affected by the evacuation and • Staff being called back
potentially local law enforcement and
EMS resources if needed to assist with
the evacuation.
Notifications should include information
Page 2 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
regarding: where persons are being
evacuated to, locations of any family
assistance centers, expected duration of
the evacuation, etc.
• Does your facility have a plan for
updating the contact information at least
annually?
Communications • The most efficient, effective means of The plan should include a procedure ❑ Met
Protocols communication should be considered. for communicating the facility's ❑ NOT Met
This should be based on the number and intentions regarding shelter-in-place
type of persons occupying the building. or evacuation. This may require
• Time is also a consideration in your several methods in order to be
communications protocol. Do you have effective and efficient depending on
time to call the families of 500 school the number of persons housed at the
children? Would notification by e-mail be facility. For example, a school may
more efficient? Could the press be use electronic notifications to
enlisted to assist with communications? parents, while a small long-term care
• What method will you use to let hotel facility may use a calling tree to
guests know that they need to evacuate notify family members. A redundant
the building? How will you let them know communications system should be
where the nearest shelter is located? described.
• Do you have contact information for
everyone you may need to contact? This
might include: transportation resources,
additional staff members, alternate site
managers, suppliers of food and medical
supplies, etc.
• What methods will be used to
communicate in the event of primary
hone line failure? Redundant
Page 3 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
communications systems should be
established.
Public Information • This is a consideration for facilities that Depending on the type and size of ❑ Met
have large numbers of occupants whose facility, a section about public ❑ NOT Met
families may need to be notified of plans information regarding evacuation ❑ N/A
for evacuation or shelter-in-place. and family reunification may be
• Do you have contact information for included.
media?
• Do you have pre-prepared messages that
can be given out as to where the
evacuated persons will be housed? How
family members should go about getting
together with loved ones?
Staff Availability Determine the number of staff members In order for a response to be ❑ Met
needed to supervise persons evacuated effective, an adequate number of ❑ NOT Met
or sheltered. Because evacuation and staff members to provide direction ❑ N/A
shelter-in-place are not familiar things for and supervision must be available.
people to do, additional staff may be The facility's plan should describe
necessary to prevent panic among the minimum number of persons
evacuees. needed to assist with an evacuation
• If persons being evacuated have special and/or shelter-in-place. This number
needs such as mobility issues more staff will not be standardized across
or specialized staff or specialized plans, but will change with the type
equipment WILL BE NEEDED to and number of persons being
evacuate safely. Plans should address evacuated or sheltered. For
these needs. example, a school may have a
• Will it be necessary to call staff in to sufficient number of teachers during
assure the safety of persons during the school hours to manage an
evacuation? evacuation, while a long-term care
facility may need additional staff to
safely evacuate residents.
Page 4 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
Roles and . Who is responsible for implementing the Significant roles and responsibilities ❑ Met
Responsibilities plan? during the incident should be ❑ NOT Met
• Who is responsible for making detailed. Names are not necessary
notifications to families? in the plan, responsibilities by
Who is responsible for arranging position are usually sufficient.
transportation?
Who is responsible for assuring the safety
of the evacuees during the evacuation
process?
Who is responsible for securing the
facility and turning off utilities?
• Who is responsible for taking needed
supplies /equipment to the alternate site?
Identification of . Special needs populations are defined as Each plan should take into account ❑ Met
Special Needs those persons who may need additional any special needs populations likely ❑ NOT Met
Populations assistance during an emergency. The to be present at the facility. The ❑ N/A
following functional needs should be plan should take into account:
considered: communication, medical • Children, elderly, medically
care, maintaining independence, fragile, those needing
supervision, transportation, supervision such as mentally
institutionalized populations, non-English handicapped or patients with
speaking, transportation disadvantaged, Alzheimer's
and those with chronic medical disorders . The ability of the special
and /or pharmacological dependence. population to follow the plan
• Do your have persons in your facility that with available supervision.
will not be able to walk? That will need The amount of additional
special equipment or medications? That supervision (staff) that might
will need extra supervision outside of the be necessary to accomplish
facility setting? an evacuation safely.
Plans should pre-determine the list of . Any specialized transportation
Page 5 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
special needs categories and assure needs of the special
planning is adequate to address those population.
needs prior to evacuation or shelter-in- . Any medications or
place. specialized equipment needs
• Are there pets or service animals that of the special population.
must be evacuated?
• Are there patients /residents that will
need to remain in isolation because of
their illness?
Recordkeeping • What records will you need to take with A list of important documents to be ❑ Met
you to the evacuation site or to the taken to the evacuation or shelter-in- ❑ NOT Met
shelter-in-place location since you won't place site should be listed in the ❑ N/A
be able to go back to locate them later? plan. At a minimum, the following
• Do you have printed contact lists for staff documents should be included:
and families? Will you be taking • Staff Contact List
electronic records on a laptop? • Evacuee List
• Do you have phone numbers for those • Emergency Phone Numbers
agencies who can assist you? • Map of the Facility
Emergency Management, Insurance For long-term care facilities, a
Agencies, etc minimal patient record should be
• What method will you use to document identified as a critical record. For
the event? schools and day care facilities,
• For health care facilities, how will patient parent contact information should be
status changes be documented? identified as a critical record.
• Where are copies of important documents
being kept? Copies should be kept off-
site in a secure, non-floodprone location.
• A copy of your emergency management
plan MUST be available for use on the
inside of each doorway leading to a
Page 6 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
separate hotel, motel, dormitory, rooming
house, hostel unit and displayed in a
prominent location in any room with an
occu anc limit above 50 persons.
Memorandums of • Do you have Memorandums of The plan should list any ❑ Met
Agreement Agreement with the owners of the Memorandums of Agreement the ❑ NOT Met
facilities to which you intend to evacuate? facility has with other facilities and ❑ N/A
• Do you have Memorandums of transportation entities to support the
Agreement with transportation resources plan for evacuation and /or shelter-
that might be needed? in-place. For example, if the facility
• Will you need other services such as a is planning to evacuate to a nearby
generator and fuel if you intend to shelter- building on higher ground, they
in-place? There must be agreements for should have a written agreement
these services in place in advance of the with the facility that details when and
emergency. how the facility is accessed. The
For long term housing or medical same is true for transportation
populations, sheltering agreements must resources.
specify that the agreement is in force until
the original structure is declared safe to
re-occupy.
Training and • How will staff learn about their Although few will have exercised ❑ Met
Exercise of Plan responsibilities in the plan? their plan, there should be, at a ❑ NOT Met
• How will you coordinate with partner minimum, a process for training staff
agencies for training on the plan? (and potentially persons affected by
• How often will you provide training to the the plan) regarding the evacuation
staff? and shelter-in-place plans.
How will training be documented?
• At a minimum training should be provided
annually to employees and upon hire for
new employees.
Page 7 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
Demobilization . If you evacuated your facility, who is The plan should include a section ❑ Met
responsible for determining when the that details when and how persons ❑ NOT Met
facility is again safe to occupy? will again be allowed to re-occupy
What is your plan if the facility is too the facility. It should be clearly
damaged to re-occupy? defined in the plan who can
What mechanism will be used to get authorize re-entry into the building or
persons back in the facility? This will be evacuated areas of the building.
especially important for medically fragile
persons. Will EMS be needed?
How will family members and others be
notified of your intention to move back to
your own facility?
Health Department and Building
Department approvals may be necessary
before the building can be re-occupied.
References . References should be included as a part Some plans may contain this
of the plan if needed. section.
• Is the plan for evacuation / shelter-in-
place a part of a larger Emergency
Response Plan that should be
referenced?
Shelter-in- lace Plannin Considerations
Sheltered Persons / Sheltering in place within your own building The plan should include information ❑ Met
Staff Ratio will place a large stress on persons being about the number of staff members ❑ NOT Met
sheltered. Consideration should be given to that will be needed to accomplish ❑ N/A
the number of additional staff members that the sheltering. A shelter-in-place
will be needed to gather supplies, assist plan should be prepared for no less
persons in the move, and maintain order and than 24 hours.
calm during the sheltering.
Sheltered Persons Do you know who is in your facility at any The plan should provide details ❑ Met
Page 8 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
Accountability given moment? Including visitors and about how the facility will keep track ❑ NOT Met
staff? each person being sheltered. This
• How will you assure that each person has might be as simple as a roll call
been moved to the shelter-in-place area? process for small daycares to an
• How often will you account for persons? electronic system for large facilities.
• How will you track if/when additional Some facilities such as hotels /
persons arrive or persons leave? motels will have difficulty in tracking
Remember you may not be able to keep who is present in the building when
all persons at your facility, even if it is in the disaster occurs. Consideration
their best interest. should be given to staff
accountability and newly arriving
family members, etc as well.
Identification of • Have shelter locations within your Each plan should pre-identify a ❑ Met
Shelter Area(s) building been pre-identified? shelter-in-place location. The ❑ NOT Met
• Consideration should be given to: number location should be safe from
of persons to be sheltered, amount of flooding, and be appropriate for the
space needed for each person, toilet number and type of persons being
facilities, electric power, water availability, sheltered.
and special needs of those being
sheltered.
• Have emergency responders and
emergency management agencies been
notified of your intended shelter areas?
• Plans will need to be certified by a
structural engineer that the facility can
rovide shelter during the flood.
Equipment Ready.gov at http://www.ready.gov/ offers The plan should include a list of ❑ Met
many helpful suggestions for businesses equipment that will be needed. The ❑ NOT Met
regarding the types of equipment that may list should be specific as to type and
be needed in order to shelter-in-place. quantity of item needed and based
De endin on the length of time you on the length of the anticipated
Page 9 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
anticipate sheltering, you should consider: shelter-in-place and the type of
bed linens, chairs, entertainment items, persons being sheltered. For
radios, flashlights, first aid supplies, medical example, long term care residents
equipment, garbage bags, whistles, towels, may need beds (or to have their
sanitation items, weather radios, etc. It will beds moved) whereas school
be important to have recordkeeping materials children could do with bed linens
and communications tools such as cell /sleeping bags.
phones with you at the shelter area. The
needed equipment must be moved to the
shelter area - you can't go back into
dangerous areas and get equipment later.
Supplies Ready.gov at http://www.ready.gov / offers The plan should include a list of ❑ Met
many helpful suggestions for businesses supplies that will be needed. The list ❑ NOT Met
regarding the types of supplies that may be should be specific as to type and
needed in order to shelter-in-place. quantity of item needed and based
Depending on the length of time you on the length of the anticipated
anticipate sheltering, you should consider: shelter-in-place and the type of
food, water, paper towels, toilet paper, etc. persons being sheltered. For
You should calculate how much food and example, day care facilities will need
water each person will need for the shelter to have supplies of different sized
period. A buffer of 5-10% is usually added diapers moved to the shelter area.
for unanticipated persons or an unusually Food and water are the first priority
lengthy stay. The needed supplies must be for supplies. Plans that do not
moved to the shelter area - you can't go discuss at least food, water, and
back into dangerous areas and get supplies sanitary supplies would not be
later. considered adequate.
Pharmaceuticals . All facilities should assure that a basic The plan should discuss the type of ❑ Met
first aid kit is available at the shelter site. persons at the facility and typical ❑ NOT Met
• Facilities that have individuals needing needs. It not necessary to list ❑ N/A
medication on a routine basis should plan medications specifically, since this
accordingly and assure that an adequate will change with the population at the
Page 10 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
supply of pharmaceuticals and facility, and may change from day to
appropriate storage are available in the day. A plan for safe storage and
shelter area. Depending upon the type of monitored distribution of these
medication, refrigeration may be medications should be included in
necessary. the plan.
• Schools and day cares should plan to
move any student /child medications to
the shelter site.
Evacuation Planning Considerations
Evacuee / Staff Consideration should be given to the number The plan should include information ❑ Met
Ratios of additional staff members that will be about the number of staff members ❑ NOT Met
needed to gather supplies, assist persons in that will be needed to accomplish
evacuating, and maintain order and calm the evacuation. A list of agencies
during the sheltering. Special needs that could be used to assist in the
persons such as those with limited mobility evacuation could also be included in
may need one-to-one assistance with the the plan. First responders will be
evacuation. overwhelmed and may not be able
to respond.
Special Needs • Does your facility have persons with The plan should discuss the types of ❑ Met
during Evacuation special needs that will be evacuated? special needs that will need to be ❑ NOT Met
• How will special needs be met? met during the evacuation. These ❑ N/A
• Long-term care facilities should plan for may include:
residents that are bedfast or have mobility • Mobility issues
issues and for residents with cognitive • Cognitive limitations
dysfunction that may impair their ability to • Age
follow instructions. • Language
Facilities • What is the plan for leaving the building? The plan should address issues ❑ Met
Considerations • Will utilities be turned off or left on? related to the facility that is being ❑ NOT Met
• How will the facility be secured? evacuated.
What will be necessary to assure that the
Page 11 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
facility can be re-occupied in a timely
fashion once the flood waters have
subsided?
Evacuation Routes Planning evacuation routes is a complex Evacuation routes and times will ❑ Met
and Times process and planners should consider: vary widely with the type of facility ❑ NOT Met
• The physical and cognitive limitations of and number of persons to be
those being evacuated. Can patients with evacuated. The most reasonable
mobility issues realistically be expected to route should be used. In general the
walk a'/2 mile route to safety? shortest route should be used. The
• The length of time available to evacuate Agency for Healthcare Research
• The number of staff members that are and Quality has an evacuation
available to assist with the evacuation. calculator that may be of use in
• The amount of resources, such as vans determining reasonableness of the
and other transportation that is available. evacuation routes and times in the
• The location to which persons are being plan. The calculator can be found at:
evacuated. http://massevacmodel.ahrq.qov/
• The amount of space available in each
shelter.
Transportation Transportation resources will be key to a Again, the number and type of ❑ Met
resources successful evacuation. It is important to note resources needed will be dependent ❑ NOT Met
that other facilities may be competing for the on: ❑ N/A
same resources during the disaster or • Number of persons to be
impending disaster. Redundancy is key. evacuated
Another key criteria to consider is how many • Special needs
trips will be necessary. It is likely that there • Locations of shelters for
will not be sufficient EMS resources to move evacuees
residents/patients in a single wave and a The plan should have a
staging process will be needed. EMS may comprehensive step-by-step plan for
be unavailable during the incident. evacuation. Generally, this works
• How will you prioritize who gets like medical triage. Those that can
Page 12 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
evacuated? evacuate themselves without
• What MOA do you have with assistance are evacuated first
transportation providers? followed by those who need
assistance. In large facilities, and
especially in medical care facilities, a
prioritization process will be needed.
The plan must address methods to
evacuate everyone. Facilities must
be able to accomplish full evacuation
and the plan must be sufficiently
detailed to address that requirement.
Evacuee • Do you know who is in your facility at any The plan should provide details ❑ Met
Accountability given moment? Including visitors and about how the facility will keep track ❑ NOT Met
staff? of each person being evacuated. ❑ N/A
• How will you assure that each person has This might be as simple as a roll call
been evacuated? process for small daycares to an
• How often will you account for persons? electronic system for large facilities.
Some facilities such as hotels /
motels will have difficulty in tracking
who is present in the building when
the disaster occurs. This tracking
will be especially important for
facilities with large numbers of
persons being evacuated or persons
being evacuated to multiple
locations.
Equipment Ready.gov at http://www.readV.gov/ offers The plan should include a list of ❑ Met
many helpful suggestions for businesses supplies that will be needed. The list ❑ NOT Met
regarding the types of supplies that may be should be specific as to type and ❑ N/A
needed when evacuating. Depending upon quantity of item that will be taken as
the len th of time you anticipate it taking to the facility evacuates. Plans should
Page 13 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
evacuate the facility, you should consider: be specific as to what equipment will
water, wheelchairs, other assistive devices. need to be acquired from other
Planners should also consider what types of sources for the move. For example,
items will be available at the evacuation site a long term care facility may not
and what equipment should be taken along. have enough wheelchairs to
transport residents in the amount of
The evacuation route may also dictate what time available for the evacuation. .
equipment is needed. Will persons be
walking long distances? Over rough terrain?
Will ersons be transported b vehicle? .
Supplies Ready.gov at http://www.ready.gov/ offers The plan should include a list of ❑ Met
many helpful suggestions for businesses supplies that will be needed. The list ❑ NOT Met
regarding the types of supplies that may be should be specific as to type and ❑ N/A
needed during an evacuation process. quantity of item needed. If the plan
Depending on the length of time you is to evacuate persons to a pre-
anticipate evacuation will take, you should planned shelter run by an agency
consider the food and water needs of those that typically shelters persons, only a
being evacuated. It is generally not limited number of items are needed.
necessary to take along significant quantities Hotels, for example will likely be
of supplies during an evacuation if you have notifying persons to evacuate, rather
chosen the site you are evacuating to than actually physically assisting
carefully and provided the proper guests to another location.
notifications to those agencies will be
assisting with the process. .
Pharmaceuticals . All facilities should assure that a basic The plan should discuss the type of ❑ Met
first aid kit is available during the persons at the facility and typical ❑ NOT Met
evacuation. needs. It not necessary to list ❑ N/A
Facilities that have individuals needing medications specifically, since this
medication on a routine basis should plan will change with the population at the
accordingly and assure that an adequate facility, and may change from day to
supply of pharmaceuticals and day. A plan for safe storage and
Page 14 of 15
Planning Planning Criteria / Questions Plan Review Guidelines
Element (For use by those preparing plans) (For use by those reviewing plans.)
appropriate storage are available for monitored distribution of these
transfer to the evacuation area. medications should be included in
• How will these medications be the plan.
transported and controlled during the
evacuation?
• Depending on the type of persons being
moved, it may be necessary to pre-
medicate evacuees. For example,
patients with pain management issues
may need medication prior to being
transported over rough ground.
• Facilities may wish to consider how safe
medications will be after the facility is
evacuated. Will pharmacy areas be
locked, etc?
Page 15 of 15
APPENDIX C
CRITICAL FACILTIES
FLOOD PROTECTION ANALYSIS
CALCULATIONS
bai~itas
Group
Flood Protection Analysis Assumptions
• The dataset of existing facilities used in this analysis is based City of Boulder GIS data and
associated database information provided by the City of Boulder.
• This analysis is a feasibility level study, utilizing a review of City data, FEMA and related
documentation, previous project experience, and discussions with local design and
construction professionals. Cost ranges provided are for planning purposes only, and
specific construction estimates may vary significantly depending on actual facility type and
size.
• Baseline construction costs were determined by reviewing RS Means online CostWorks
construction data for 2010. Similar facility types as the critical facilities in the City of
Boulder were reviewed and a representative average determined.
• For the Fill Analysis, Colorado Department of Transportation 2009 Cost Data book, as well
as previous project experience in the area, we utilized to determine base costs for structural
and standard fill materials.
• For the Floodproofing Analysis, a cost for a floodproof door entry was obtained from a local
supplier. The assumed size was a 12'x9' opening with double swinging doors and glass on
each side. The estimated cost was roughly $8,500. For the analysis, it was assumed that
most properties would utilize a brick or similar material on each side of the doors up to the
flood protection elevation, instead of waterproof glass. This is the most common method
used in the City of Boulder; therefore an adjusted cost per main entry of $7,500 was used in
the analysis.
• For critical facilities with flood depths less than 2 feet, it was assumed that the existing
structure would be able to resist flood waters. Based on the typical construction type of
many critical facilities (brick or masonry), it was assumed for this analysis that a watertight
veneer wall around the structure would not be needed. Only existing openings and wall
penetrations would need to be protected. See the detailed spreadsheets for assumed
number of openings, etc.
• Critical facilities with flood depths great then 2 feet were assumed to all utilize a 10" thick
concrete ringwall around the structure. A 4 foot offset was assumed from the existing
structure, with a 30" deep footing.
The Sanitas Group, LLC 1022 Willow Place i Louisville, CO 80027 3033.981.9238
Existing Facility Analysis - Overall, -
FOR:
Critical Facilities Flood Ordinance
500-year Floodplain Areas
Existing Critical Facilities: 72
Located within 500-year 27
Note: Excludes Hazardous Materials Sites
All Critical Facilities in 500-Year Floodplain
Site Address Type Main Level Footprint (SF) 500-Year Flood Depth (FT)
Pridemark Paramedic Service 3297 Walnut St Emergency Medical 35,258 4.3
Boulder Fire Station 5 4365 19th St. Public safety 3,745 -2.3
Public Safety Building 1805 33rd St Public Safety 62,926 4.3
Xcel Boulder Terminal 2500 28th St Public Utility 1,899 -3.1
Yards / Parks and Rec Maint 5050 Pearl St Emergency Response 120,700 -2.2
Boulder County Clerk and Recorder 1750 33rd St Government Operations 35,986 3.7
U.S. WEST COMMUNICATIONS (QWEST) 1545 Walnut St Communications 19,334 2.5
Boulder Fire Station 7 1380 55th St Public Safety 5,163 1.0
Columbine Elementary School 3130 Repplier St Schools 53,594 1.4
Boulder County Head Start 2675 Mapleton Ave Schools 3,594 1.0
Sunflower Preschool 3340 Dartmouth Schools 2,292 4.2
Homestar Child Development Center 3280 Dartmouth Ave Congregate Care 3,000 4.2
New Horizons Cooperative Preschool 1825 Upland Ave Congregate Care 5,452 -7.2
Alterra Villas at the Atrium 3350 30th St. Schools 26,898 -0.5
Mountain Morning Preschool 1286 Sumac Ave Congregate Care 884 -1.5
McGregor's Garden Preschool 3535 Eastman Ave Schools 1,204 0.2
Tiny Minders Day Care 3685 Martin Dr Congregate Care 2800 -4.7
Canyon Pointe Housing 700 Walnut St Congregate care 17,010 1.3
Eisenhower Elementary School 1220 Eisenhower Dr Schools 66,675 0.4
Boulder County Head Start (Martin Park) 3650 Martin Dr Schools 4,400 1.8
Shining Mountain Waldorf School 1179 UNION AV Schools 10,650 2.3
Montessori Education of the Rockies 4745 Walnut St Schools 20,445 0.7
SEPTEMBER SCHOOL 1902 WALNUT ST Schools 3,480 -2.0
SEPTEMBER SCHOOL 1837 19TH ST Schools 1,263 -1
Boulder County Justice Center (CJC) 1777 6th St Govenment Operations 191430 4.5
Rallysport Health Club Day Care 2727 29th St Congregate Care 30388 0.5
Regional Transportation District Maintenance Facility 164,704 6.1
(RTD Facility Excluded - See Report for reasons)
Average Footprint SFl
28,095
Average - Under 20.000 SF
5,386 5,400 SF Used in Fill Analysis
Average - Over 20,000 SF
64,430 65,000 SF Used in Fill
The Sanitas Group, LLC
Existing Facility Analysis - Detail M oft FOR:■ ■■t
Critical Facilities Flood Ordinance droop
500-year Floodplain Areas
Exist. Facilities that would require floodproofing
Type Main Level Footprint (SFI 500-Year Flood Depth (FT)
Emergency Medical 35,258 4.3
Public Safety 62,926 4.3
Government Operations 35,986 3.7
Communications 19,334 2.5
Public Safety 5,163 1.0
Schools 53,594 1.4
Schools 3,594 1.0
Schools 2,292 4.2
Congregate Care 3,000 4.2
Schools 26,898 -0.5
Schools 1204 0.2
Congregate Care 17,010 1.3
Congregate care 66,675 0.4
Schools 4,400 1.8
Schools 10,650 2.3
Schools 20,445 0.7
Schools 191,430 4.5
Congregate Care 30,388 0.5
Average Depth WTI
Number Facilities 2.0 2.0 FT used for fill analysis
2 FT or Less Depth: 10 0.8
2+ FT Depth: 8 3.4
Facilities that would require floodproofing up to 3 FT
(500-YR Flood Depths Less than 2 FT)
Type Main Level Footprint (SFI 500-Year Flood Depth (FT)
Public Safety 5,163 1.0
Schools 53,594 1.4
Schools 26,898 -0.5
Schools 1.204 0.2
Congregate Care 17,010 1.3
Congregate Care 66,675 0.4
Schools 4,400 1.8
Schools 20,445 0.7
Schools 3,594 1.0
Congregate Care 30,388 0.5
Average Building Size 22,937 0.8
Small Size Average 3,590 1.0 3,000 SF used for Analysis
Large Average 35,835 0.6 35,900 SF used for Analysis
Facilities assumed to require floodproofing via ringwall
(500-YR Flood Depths Greater than 2 FT)
Type Main Level Footprint (SF) 500-Year Flood Depth (FT)
Emergency Medical 35,258 4.3
Public Safety 62,926 4.3
Government Operations 35,986 3.7
Communications 19,334 2.5
Schools 2,292 4.2
Congregate Care 3,000 4.2
Schools 10,650 2.3
Schools 191430 4.5
Average Building Size 45,110 3.7 3.5 Feet used for Analysis
Small Size Average 2,646 2.4 3,000 SF used for Analysis
Large Average 68,987 3.9 69,000 SF used for Analvsis
The Sanitas Group, LLC
Fill Import Cost Analysis - Small Facility
FOR:
Critical Facilities Flood Ordinance
500-year Floodplain Areas
Building Square Ft: 5,400
Assumed Construction Cost: $160
Structural Fill Cost (per CY) $18
Standard Fill Cost (per CY) $9
3.0 Ft Average = 2.0 Ft Water Depth + 1.0 Ft Freeboard
Required Fill Depth (ft) 1.5 3.0 4.5
Total Fill Amount (CY) 612 2015 4905
Strutural Fill Amount (CY) 300 600 900
Standard Fill Amount (CY) 312 1,415 4,005
Fill Cost $8,208 $23,535 $52,245
Fill cost per building square footage $1.52 $4.36 $9.68
Adjusted Construction Cost $161.52 $164.36 $169.68
% Increase 0.94% 2.65% 5.70%
Notes:
>Fill costs include import and placement of fill, including compaction. Fine grading costs are not included, as this work is
always required even when fill is needed.
>Required fill depth assumes depth to bring project site to 1-foot above the 500-year water surface elevation.
>Required fill volumes have been calculated using Autodesk Civil 3D software utilizing 3D grading models and tin-based
earthwork quantity analysis.
The Sanitas Group, LLC
Fill Import Cost Analysis - Large Facility i
FOR: <9
Critical Facilities Flood Ordinance
500-year Floodplain Areas
Building Square Ft: 65,000
Assumed Construction Cost: $135
Structural Fill Cost (per CY) $18
Standard Fill Cost (per CY) $9
Average = 2.0 Ft Water Depth + 1.0 Ft Freeboard
Required Fill Depth (ft) 1.5 3.0 4.5
Total Fill Amount (CY) 4,530 11,155 20,285
Strutural Fill Amount (CY) 3,611 7,222 10,833
Standard Fill Amount (CY) 919 3,933 9,452
Fill Cost $73,270 $165,395 $280,065
Fill cost per building square footage $1.13 $2.54 $4.31
Adjusted Construction Cost $136.13 $137.54 $139.31
% Increase 0.83% 1.85% 3.09%
Notes:
>Fill costs include import and placement of fill, including compaction. Fine grading costs are not included, as this work is
always required even when fill is needed.
>Required fill depth assumes depth to bring project site to 1-foot above the 500-year water surface elevation.
>Required fill volumes have been calculated using Autodesk Civil 3D software utilizing 3D grading models and tin-based
earthwork quantity analysis.
The Sanitas Group, LLC
Floodproofing Analysis
0-2 Ft Depths - Small Facility
Fox: Group
Critical Facilities Flood Ordinance
500-year Floodplain Areas
Building Footprint (SF): 3,000
Flood Depth: Up to 2 FT
Flood Protection Elevation: 0-3 FT
Note: It is assumed that for facilities with flood protection heights of 3 FT (flood
depths of 2Ft or less) or less, the existing walls will be able to resist the flood
loads. The majority of existing critical facilties consist of brick and/or niasory
exteriors, therefore additional veneer is not required in order to provide a
waterproof exterior. Doorways and any other entries will require floodproofing,
as well as utility openings and any other wall penetrations.
Building Perimeter (LF): 220
Number of Entries: 2 Doorways - 1 main and 1 secondary
Floodproofing Items Approximate Unit Cost Approximate Cost
T-6" Secondary Entry $4,000 $4,000
6' Main Entry $7,500 $7,500
Sewer Backflow Preventer $1,200 $1,200
Sealing of Minor Wall Penetrations $1,000 $1,000
Incidentals, etc. $0 $2,740
Construction Sub-Total $16,440
Structural Analysis $3,000
Civil and Architectural $4,000
Permit Costs $6,500 $5,207 Initial fee + 20%
Overall Sub-Total $29,940
Contingency (20%) $5,988
Total $35,928
Cost per Square Foot 11.98
Assumed Average Cost/SF for Small Faciities in Boulder: $12/SF
The Sanitas Group, LLC
Floodproofing Analysis I he
0-2 Ft Depths - Large Facility 3 ~anitas _\46w~ FOR: Group
Critical Facilities Flood Ordinance
500-year Floodplain Areas
Building Footprint (SF): 35,900
Flood Depth: Up to 2 FT
Flood Protection Elevation: 0-3 FT
Note: It is assumed that for facilities with flood protection heights of 3 FT (flood
depths of 217t or less) or less, the existing walls will be able to resist the flood
loads. The majority of existing critical facilties consist of brick and/or masory
exteriors, therefore additional veneer is not required in order to provide a
waterproof exterior. Doorways and any other entries will require floodproofing,
as well as utility openings and any other wall penetrations.
Building Perimeter (LF): 760
Number of Entries: 4 Doorways - 1 main and 3 secondary
1 garage/service entry - 12 FT wide
Floodproofing Items Approximate Unit Cost Approximate Total Cost
3'-6" Secondary Entry $4,000 $12,000 (3 Total)
6' Main Entry $7,500 $7,500
Floodgate - 14' wide $60,000 $60,000
Sewer Backflow Preventer $1,200 $1,200
Sealing of Minor Wall Penetrations $2,500 $2,500
Incidentals, etc. (20%) 20% $16,640
Construction Sub-Total $99,840
Structural Analysis $7,500
Civil and Architectural $7,500
Permit Costs $6,500 ($5,207 initial fee + 20%)
Overall Sub-Total $121,340
General Conditions/Contingency (20%) $24,268
Total $145,608
Cost per Square Foot 4.06
Assumed Average Cost/SF for Large Facilties in Boulder: $4/SF
The Sanitas Group, LLC
Floodproofing Analysis
2+ Ft Depths - Small Facility
FOR: = Group
Critical Facilities Flood Ordinance
500-year Floodplain Areas
Building Footprint (SF): 3,000
Flood Depth: Greater Than 2 FT
Flood Protection Elevation: 3+ FT
Note: It is assumed that facilities with flood protection heights greater than 3 Ft (flood depths greater
than 2 FT) that the existing walls will not be able to resist the flood waters. Therefore, typically the most
cost effective manner of flood proofing is to install a concrete ring wall around the structure. Existing
entries are assumed to require a floodgate for protection, as existing door frames cannot resist flood
forces without significant modification.
Building Perimeter (LF): 220
Number of Entries: 2 Doorways - 1 main and 2 secondary
Ringwall Perimeter (4' offset): 258 Design Floodproofing Depth for Ringwall: 3.5 FT + 1 FT
Freeboard = 4.5 FT
Floodproofing Items Approximate Unit Cost 4.5 Ft Depth
Concrete Ringwall (8" thick) $45 81,270 Assume 2.5' deep footing
Floodgates (48" wide) $20,000 20,000 Secondary Entry
Floodgates (8" wide) $45,000 45,000 Main Entry
Sewer Backflow Preventer $1,200 1,200
Incidentals, etc. 20% 29,494
Construction Sub-Total 176,964
Structural Analysis $3,000
Civil and Architectural $4,000
Permit Costs $6,500 ($5,207 initial fee + 25%)
Overall Sub-Total 190,464
General Conditions/Contingency (20%) $38,093
Total $228,557
Cost per Square Foot 76.19
Assumed Average Cost/SF for Small Facilties in Boulder: 76 SF
The Sanitas Group, LLC
Floodproofing Analysis
2+ Ft Depths -Large Facility
FOR: Group
Critical Facilities Flood Ordinance
500-year Floodplain Areas
Building Footprint (SF): 69,000
Flood Depth: Greater Than 2 FT
Flood Protection Elevation: 3+ FT
Note: It is assumed that facilities with flood protection heights greater than 3 Ft (flood
depths greater than 2 FT) that the existing walls will not be able to resist the flood
waters. Therefore, typically the most cost effective manner of flood proofing is to install
a concrete ring wall around the structure. Existing entries are assumed to require a
floodgate for protection, as existing door frames cannot resist flood forces without
significant modification.
Building Perimeter (LF): 1,051
Number of Entries: 4 Doorways - 1 main and 3 secondary
1 garage/service entry - 12 FT wide
Ringwall Perimeter (4' offset): 1,083 Design Floodproofing Depth for Ringwall: 3.5 FT + 1 FT Freeboard
= 4.5 FT
Floodproofing Items Approximate Unit Cost 4.5 Ft Depth Cost
Concrete Ringwall (8" thick - per SF)) $45 341,145 Assume 25 deep footing
Floodgates (48" wide) $20,000 40,000 2 Secondary Entries
Floodgate (14' wide) $60,000 120,000 Main Entry and Service Entry
Sewer Backflow Preventer $1,200 1,200
Incidentals, etc. 20% 100,469
Sub-Total 602,814
Structural Analysis $7,500
Civil and Architectural $7,500
Permit Costs $6,500 ($5,207 initial fee + 25%)
General Conditions/Contingency (20%) $120,563
Total $744,877
Cost per Square Foot 10.80
Assumed Average Cost/SF for Large Facilties in Boulder: 11 SF
The Sanitas Group, LLC
APPENDIX Q
CITY OF BOULDER
DRAFT CRITICAL FACILITIES ORDINANCE
I ORDINANCE NO.
2 AN ORDINANCE AMENDING CHAPTERS 9-1 AND 9-3, AND
3 SECTION 9-16-1, B.R.C. 1981, TO PROTECT CRITICAL
FACILITIES AND MOBILE POPULATOINS IN THE 500
4 YEAR FLOODPLAIN
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
7 COLORADO:
8
Section 1. Section 9-3-2, BRC 1981 is amended to read:
9
9-3-2 Floodplains.
10
(a) Legislative Intent: The purpose of this section is to regulate certain areas of the city subject to
11 flooding in order to protect the public health, safety, and welfare by:
12 (1) Restricting or prohibiting certain uses that are hazardous to life or property in time of flood;
13 (2) Restricting the location of structures intended for human occupancy and regulating the
14 manner in which such structures may be built in order to minimize danger to human life within
and around such structures;
15 (3) Requiring that those structures allowed in the floodplain be expanded or enlarged, and
16 equipment and fixtures be installed or replaced, in a manner designed to prevent their being
washed away and to assure their protection from severe damage;
17
(4) Regulating the method of construction and replacement of water supply and sanitation
18 systems in order to prevent disease, contamination, and unsanitary conditions;
19 (5) Maintaining for public inspection available maps delineating areas subject to such provisions
20 in order to protect individuals from purchasing or using lands for purposes that are not suitable;
21 (6) Protecting and preserving the water-carrying and water-retention characteristics and
capacities of watercourses used for conveying and retaining floodwaters; and
22
(7) Obtaining and maintaining the benefits to the community of participating in the National
23 Flood Insurance Program.
24 (b) Flooding May Occur: The degree of flood protection provided by the terms of this section has
been determined to be reasonable for regulatory purposes. Floods of greater magnitude will
25 occur, and flood heights may be increased as a result of natural or human-made causes. The
26 provisions of this section do not imply that areas outside of the floodplain or land uses permitted
within the floodplain are free from flooding, flood hazard, or flood damages. A grant or approval
27 by the city under the requirements of this section does not constitute a representation, guarantee,
or warranty of any kind or nature by the city or any city official or employee of the practicability
28 or safety of any structure or proposed use, and it creates no liability to or cause of action against
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I the city or any city official or employee for any damages from flood or otherwise that may result
from such structure or use.
2
3 (c) Scope and Application:
4 (1) The requirements of this section supplement those imposed on the same lands by any
underlying zoning provisions of this code or other ordinance of the city. If there is a conflict
5 between such requirements, the more restrictive controls.
6 (2) If a lot or parcel of land lies partly within the high hazard zone, conveyance zone, 100-Year
or 500-Year floodplains, the part(s) of such lot or parcel lying within such area or areas shall
7 meet all the standards and requirements of such respective area as prescribed by this section. For
8 the purposes of new construction, if any portion of a structure lies partly within the high hazard
zone, conveyance zone, 100-Year or 500-Year floodplains, all the standards and requirements of
9 this section shall apply to the entire structure.
10 (3) If lands located outside the city limits are included within the 500-Year or 100-Year
floodplains, the conveyance zone or the high hazard zone, the requirements of this section shall
11 apply to such lands upon annexation.
12 (d) Administration: The city manager shall administer the requirements of this section and shall:
13 (1) Determine that the requirements of this section have been met before issuing any permit for
14 development in the floodplain;
15 (2) Obtain and maintain for public inspection any certificates of floodproofing required by this
section, and any information on the elevation (in relation to mean sea level) of the level of the
16 lowest floor (including basement) of all new or substantially improved structures, and
information specifying whether or not such structures contain a basement, and if the structure has
17 been floodproofed, the elevation (in relation to mean sea level) to which the structure was
18 floodproofed;
19 (3) Notify Boulder County and the Colorado Water Conservation Board before permitting any
change in a watercourse and submit evidence of such notice to FEMA;
20
(4) Adopt rules interpreting and implementing the requirements of this section including, without
21 limitation, application procedures for floodplain development permits and specifications for the
22 floodproofing of structures, substantial improvements, and utilities;
(5) Assure that the Boulder Valley Comprehensive Plan is consistent with the floodplain
23 management objectives of this section and the regulations of FEMA;
24 (6) Make necessary interpretations of the exact location of the boundaries of the 500-Year and
25 100-Year floodplains, the conveyance zone and the high hazard zone;
26 (7) Amend the boundaries of the high hazard zone and the conveyance zone pursuant to
subsection (f) of this section;
27
(8) Determine that all necessary permits have been obtained from state, federal, or local agencies
28 the approval of which is required before issuing any permit for development in the floodplain;
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1 (9) Require that persons changing a watercourse maintain the watercourse so that its flood
2 carrying capacity is not diminished;
3 (10) Require that new and replacement water supply systems in the floodplain be designed to
minimize or eliminate infiltration of floodwaters into the systems;
4 (11) Require that new and replacement sanitary sewage systems within the floodplain be
5 designed to minimize or eliminate infiltration of floodwaters into the systems and discharges
from the systems into floodwaters;
6
(12) Require that on-site waste disposal systems be located to avoid impairment to them or
7 contamination from them during flooding; and
8 (13) Obtain, review, and reasonably utilize any base flood elevation and floodway data available
9 from federal, state, and other sources, including data developed pursuant to chapter 9-12,
"Subdivision," B.R.C. 1981, as criteria for requiring that all new development meet the
10 requirements of this section.
11 (e) Appeals: Any person contesting the city manager's interpretation of a boundary location
under paragraph (d)(6) of this section, or any person aggrieved by the granting or denial of a
12 floodplain development permit, may appeal such determination to the planning board through the
13 process described in section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981. The
request shall set forth the reason and basis for the appeal and such other information as the
14 manager may prescribe by rule.
15 (f) Map Amendments: As watercourse or flood channel improvements or mapping corrections
are made, the city manager may amend the flood regulatory area maps to recognize the changed
16 conditions produced by such improvements or corrections provided that no such amendments or
17 corrections may change a FEMA "area of special flood hazard" or "regulatory floodway" unless
the city is in receipt of a letter of map amendment or a letter of map revision issued by FEMA.
18
(g) Flood Regulatory Areas:
19
(1) Sections 9-3-1 through 9-3-8 apply to the area shown as floodplain on the most recent maps
20 adopted by the city council, as amended from time to time by the city manager pursuant to
subsections (d), (e), and (f) of this section. The regulatory floodplain encompasses overlapping
21 areas, generally ranging from the largest area with the lowest general degree of flood risk to the
22 smallest area with the highest degree of flood risk in the following order: the 500 year
floodplain, the one hundred-year floodplain, the conveyance zone, and the high hazard zone.
23 Except where this code expressly states otherwise, the following regulations governing each
respective area are cumulative, from the lowest degree of flood risk through the highest, and not
24 exclusive. For example, regulations governing the 500 year floodplain also apply to the 100 year
25 floodplain, the conveyance zone, and the high hazard zone, but regulations governing the high
hazard zone do not apply to the 500 year floodplain, 100 year floodplain or conveyance zone.
26
(2) In addition to the regulatory areas identified in paragraph (g)(1) of this section, the City has
27 adopted the areas of special flood hazard identified in the Flood Insurance Study for Boulder
County, effective October 4, 2002, and delineated on the Flood Insurance Rate Map for Boulder
28 County and the City of Boulder as adopted by the City in compliance with 44 C.F.R. chapter 1.
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I In no event will the regulations contained in this section be interpreted to permit any action not
permitted under those regulations promulgated by FEMA for the regulation of areas of special
2 flood hazard and regulatory floodways.
3 Section 2. Chapter 9-3, BRC 1981 is amended to add the following new section 9-3-2.5:
4 9-3-2.5 Regulations Governing the 500-Year Floodplain.
5 (a) Any person constructing a new critical facility building or making substantial modifications
6 or substantial improvements to existing at-risk population and essential service buildings or
expansions or renovations exceeding twenty-five percent of the square footage or value of a
7 hazardous materials building shall construct the entire building with the lowest floor placed at or
8 above the 500-year flood elevation plus one foot of freeboard or floodproof, including any
basement, to this elevation. In cases where the 500-year water surface elevation plus one foot of
9 freeboard is greater than the flood protection elevation the flood protection elevation may be
used.
10
(1) Any person making an expansion or an enlargement to an existing critical facility
11 building not meeting the above threshold shall floodproof or elevate the lowest floor,
12 including any basements, of the expansion or enlargement to or above the 500-year flood
elevation plus one foot of freeboard. In cases where the 500-year water surface elevation
13 plus one foot of freeboard is greater than the flood protection elevation the flood
protection elevation may be used.
14 (2) Existing Uses: The use of any land or structure that was lawful before the application
15 of this section or any amendment thereto but that does not conform to the requirements of
this section may be continued subject to the requirements of this section. If such a use not
16 conforming to the requirements of this section is discontinued for twelve consecutive
17 months, no person shall use the land or structure thereafter unless such use conforms to
the requirements of this section.
18 (3) Floodproofing: Whenever this section requires a building or structures to be
19 floodpoofed, the following standards shall be met:
(A) Such building or structure shall be floodproofed in accordance with any rules
20 for floodproofing promulgated by the city manager pursuant to chapter 1-4,
21 "Rulemaking," B.R.C. 1981, and with current FEMA National Flood Insurance
Program (NFIP) Technical Bulletins;
22 (B) Such building or structure shall be floodproofed to the 500-year water surface
23 elevation plus one foot or to the flood protection elevation, where the flood
protection elevation is lower, in such a manner that the building or structure is
24 watertight with walls substantially impermeable to the passage of water and in a
manner requiring no human intervention;
25 (C) Such building or structure shall have structural components capable of
26 resisting projected hydrostatic and hydrodynamic loads and the effects of
buoyancy; and
27 (D) Such floodproofing shall be certified by a Colorado registered professional
28 engineer or registered architect to comply with this paragraph. Such certifications
CASG Projects\B1012 COB Flood Ordinance AnalysislCOB lnfoTritical Facilities Floodplain Amendments Ordinance 3-2-10.doc
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1 shall be provided to the city manager as set forth in paragraph 9-3-2(d)(2), B.R.C.
1981.
2
(E) In 500-year floodplain areas located outside of the 100-year floodplain
3 floodwalls meeting the requirements of this section are an accepted for of
4 floodproofing.
(b) New or existing critical facilities located landward of an accredited levee or a Provisionally
5 Accredited Levee and mapped Zone X (shaded) in accordance with 44 CFR § 65. 10, shall be
exempt from the requirements of this Section 9-3-2.5, provided the levee is designed to a
6 minimum 500-year flood elevation plus one foot of freeboard and it is operated and maintained
7 in accordance with the requirements set forth in 44 CFR 65.10 and Rule 10 of the Colorado
Rules and Regulations for Regulatory Floodplains in Colorado.
8
9 (c) Any mobile population facility, including hotels, motels, dormitories, bed and breakfasts,
hostels and assembly group use, as defined in the city's adopted version of the International
10 Building Code, shall develop an emergency management plan upon new use or modification
requiring a building permit.. The emergency management plan shall be located on the inside of
11 each doorway leading to a separate unit in a hotel, motel, dormitory, bed and breakfast or hostel
12 and displayed in a prominent location within any assembly group use. No facility shall fail to
maintain such emergency management plans. Emergency management plans will at a minimum
13 include either an evacuation plan (developed by a registered architect or Colorado registered
professional engineer) or a shelter in place plan (developed by a Colorado registered professional
14 structural engineer)
15 (d) No uses regulated in the 500-year floodplain may occur prior to the issuance of a floodplain
16 development permit pursuant to section 9-3-6, "Floodplain Development Permits," B.R.C. 1981.
17 Section 3. Section 9-3-3, BRC 1981 is amended to read:
18 9-3-3 Regulations Governing the 100-Year Floodplain.
19 (a) General Provisions: In the entire 100-Year floodplain, the following standards apply:
20 (1) Floodplain Development Permit: Except as specified in paragraph (a)(1)(A), no development
in the 100-year floodplain may occur prior to the issuance of a floodplain development permit
21 pursuant to section 9-3-6, "Floodplain Development Permits," B.R.C. 1981.
22 (A) Activities exempt from a floodplain development permit: The following activities are
23 allowed within the flood regulatory area and do not require a floodplain development permit:
24 (i) "Maintenance" as defined in chapter 9-16 "Definitions" that do not constitute a substantial
improvement and do not affect the efficiency or capacity of the conveyance zone or high hazard
25 zone.
26 (ii) Sidewalks, concrete, asphalt or stone flatwork that does not result in the establishment or
expansion of parking area and does not modify existing grade by more than six inches.
27
28 (iii) Underground utilities that do not modify existing grade.
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I (iv) Poles, lines, cables, sign posts, landscaping and artwork that do not affect the efficiency or
2 capacity of the conveyance zone or high hazard zone.
(v) Temporary facilities that are not permanently attached to the ground such as tents, traffic
3 control devices and law furniture provided that they will not affect the efficiency or capacity of
4 the conveyance zone or high hazard zone, or they will remain in place for no more than 30 days
5 (2) Anchoring:
6 (A) All new construction and substantial improvements or substantial modifications shall be
anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of
7 resisting the hydrostatic and hydrodynamic loads.
8 (B) All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral
9 movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties connecting to
10 permanent ground anchors, in addition to any anchoring requirements for resisting wind forces
and any tic-down requirements of chapter 10-12, "Mobile Homes," B.R.C. 1981. Requirements
11 shall include, without limitation, the following:
12 (i) Over-the-top ties shall be provided at each of the four corners of the manufactured homes.
13 For manufactured homes fifty feet or longer, two additional ties per side are required at
intermediate locations. For manufactured homes less than fifty feet long, one additional tie per
14 side is required;
15 (ii) Frame tics shall be provided at each of the four corners of the manufactured homes. For
manufactured homes fifty feet or longer, five additional ties per side are required at intermediate
16 points. For manufactured homes less than fifty feet long, four additional ties per side are
17 required;
18 (iii) All components of the anchoring system shall be capable of carrying a force of four
thousand eight hundred pounds; and
19
(iv) Any additions to manufactured homes shall be similarly anchored.
20
(3) Construction Materials and Methods:
21
(A) All new construction, substantial improvements, and substantial modifications shall be
22 constructed with materials and utility equipment resistant to flood damage as outlined in FEMA
23 Technical Document 2-93, Flood-Resistant Materials Requirements.
24 (B) All new construction, substantial improvements, and substantial modifications shall be
constructed using methods and practices that minimize flood damage.
25 (C) All new construction, substantial improvements and substantial modifications shall be
26 constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and located (by elevating or floodproofing the
27 components) so as to prevent water from entering or accumulating within the components during
28 flooding conditions.
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1 (4) Utilities:
2 (A) All new and replacement water supply systems shall be designed to minimize or eliminate
3 infiltration of floodwaters into the systems.
4 (B) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
5 (C) On-site waste disposal systems shall be located to avoid impairment or contamination during
6 flooding.
7 (5) Subdivision Proposals:
8 (A) All subdivision proposals shall demonstrate efforts to minimize flood damage.
9 (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
10 electrical, and water systems located and constructed to minimize flood damage.
(C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
11 damage.
12 (D) Base flood elevation data shall be provided for subdivision proposals and other proposed
13 development.
14 (E) No subdivision proposal shall create a lot which is unbuildable pursuant to this section.
15 (6) Floodproofing: Whenever this section requires a building or structure to be floodproofed, the
following standards shall be met:
16
(A) Such building or structure shall be floodproofed in accordance with any rules for
17 floodproofing promulgated by the city manager pursuant to chapter 1-4, "Rulemaking," B.R.C.
18 1981, and with current FEMA National Flood Insurance Program (NFIP) Technical Bulletins;
19 (B) Such building or structure shall be floodproofed to the flood protection elevation in such a
manner that the building or structure is watertight with walls substantially impermeable to the
20 passage of water and in a manner requiring no human intervention;
21 (C) Such building or structure shall have structural components capable of resisting projected
hydrostatic and hydrodynamic loads and the effects of buoyancy; and
22
(D) Such floodproofing shall be certified by a Colorado registered professional engineer or
23 registered architect to comply with this paragraph. Such certifications shall be provided to the
24 city manager as set forth in paragraph 9-3-2(d)(2), B.R.C. 1981.
25 (7) -Storage of gasoline below the flood protection elevation is prohibited except for the storage
of gasoline in existing and replacement underground tanks in existing gasoline service stations
26 and service garages, which tanks are designed to prevent infiltration and discharge into
floodwaters and which are adequately anchored and shielded against rupture. For purposes of
27 this paragraph, "existing" means in place and in use on January 1, 1989.
28
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1 (8) Automobile Parking: Notwithstanding other provisions of this title, no person shall establish
an area for automobile parking in any portion of the floodplain where flood depths exceed
2 eighteen inches.
3 9 Flood Warning System: stem: No owner of a hotel a motel a dormitory, a rooming house, a hostel,
4 a school, a bed and breakfast, a daycare center, a group home, or a residential or congregate care
facility located in the Boulder Creek floodplain shall fail to provide a flood warning system
5 approved by the city manager that is connected to a point of central communication in the
building with twenty-four-hour monitoring. No such person shall fail to maintain such a flood
6 warning system.
7 10 Rental Property: No owner of ro ertthat is located in a flood lain and subject to a cit
O p p Y p Y
8 rental license under chapter 10-3, "Rental Licenses," B.R.C. 1981, shall fail to post on the
exterior of the premises at the entrance a sign approved by the city manager stating that the
9 property is subject to flood hazard and containing such further information and posted at such
10 other locations inside the building as the city manager may require.
(11) Manufactured Housing: All manufactured homes placed in the city after July 1, 1989, and
11 all manufactured homes which are substantially improved or substantially modified shall be
12 elevated on a permanent foundation so that the lowest floor of the manufactured home is at or
above the flood protection elevation and is securely anchored to an adequately anchored
13 foundation system, and shall meet the anchorage and tie-down requirements of paragraph (a)(2)
of this section.
14
15 (12) Recreational Vehicles: In order to reduce debris and hazard potential, recreational vehicles
shall either: a) be in the floodplain for fewer than one hundred eighty consecutive days, b) be
16 fully licensed and ready for highway use, or c) meet the permit requirements and elevation and
anchoring requirements for manufactured homes.
17
(13) Structure Orientation: In order to minimize the obstruction to flow caused by buildings, to
18 the extent consistent with other city policies regarding solar access, new structures shall be
19 placed with their longitudinal axes parallel to the predicted direction of flow of floodwaters or be
placed so that their longitudinal axes are on lines parallel to those of adjoining structures.
20 (14) Existing Uses: The use of any land or structure that was lawful before the application of this
21 section or any amendment thereto but that does not conform to the requirements of this section
may be continued subject to the requirements of this section. If such a use not conforming to the
22 requirements of this section is discontinued for twelve consecutive months, no person shall use
23 the land or structure thereafter unless such use conforms to the requirements of this section.
24 (15) New Uses: All uses allowed by the underlying zoning district may be established, subject to
the requirements of this section, except for the outdoor or uncontained storage of moveable
25 objects below the flood protection elevation.
26 (16) Existing Structures: Any structure in existence before the enactment of this section or any
amendment thereto that does not conform to the requirements of this section may remain or may
27 undergo rehabilitation subject to the requirements of this section. Further, any such structure may
28 be otherwise improved as follows:
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I (A) Any person making an expansion or an enlargement to an existing residential structure shall
elevate the lowest floor, including the basement, of the expanded or enlarged portion to or above
2 the flood protection elevation.
3 (B) Any person making an expansion or an enlargement to an existing nonresidential structure
4 shall floodproof or elevate the lowest floor, including the basement, of the expanded or enlarged
portion to or above the flood protection elevation.
5
(C) Any person making a substantial modification or a substantial improvement to any existing
6 nonresidential structure shall floodproof or elevate the lowest floor, including the basement, of
7 the substantially modified or improved portion to or above the flood protection elevation and
shall floodproof the remainder of the existing structure.
8 (D) Any person making a substantial modification or a substantial improvement to any existing
9 residential structure shall elevate the lowest floor, including the basement, of the entire
residential structure to or above the flood protection elevation.
10
(17) New Structures: Construction of new structures shall meet the following requirements:
11
(A) Any person constructing a new residential structure shall elevate the lowest floor, including
12 the basement, to or above the flood protection elevation;
13 (B) Any person constructing a new nonresidential structure shall floodproof in a manner
14 requiring no human intervention or elevate the lowest floor, including the basement, to or above
the flood protection elevation with the following exceptions:
15
(i) Open air carwashes;
16
(ii) Unheated pavilions;
17
(iii) Unfinished or flood resistant building entryways or access areas;
18
(iv) Garden storage sheds;
19
(v) Sidewalks, paving, or asphalt, concrete, or stone flatwork;
20
(vi) Fences; and
21
(vii) Poles, lines, cables, or other transmission or distribution facilities of public utilities.
22
(C) Any person constructing a new structure on a property removed from the floodplain by the
23 issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) shall elevate the lowest
24 floor, including the basement, to or above the flood protection elevation that existed prior to the
placement of fill. Critical facilities with physical requirements for below grade construction are
25 exempted from this requirement.
26 (18) Enclosures: Enclosures below the lowest floor that are unfinished or flood resistant, usable
solely for parking of vehicles, crawl spaces, building access or storage, in an area that is not a
27 basement, and that are not floodproofed as set forth in this section shall meet the following
28 requirements:
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I (A) Compliance with the provisions of paragraphs (a)(2), (a)(3), and (a)(4) of this section; and
2 (B) Design and construction that automatically equalizes hydrostatic flood forces on exterior
3 walls by allowing for the entry and exit of floodwaters.
4 (i) Designs for meeting this requirement shall 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
5 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. Openings may be equipped with screens, louvers,
6 valves, or other coverings or devices provided that they permit the automatic entry and exit of
7 floodwaters.
8 (ii) Any designs not in conformance with subparagraph (a)(18)(13)(1) of this section, shall be
certified by a registered professional engineer or architect and shall conform with FEMA
9 Technical Bulletin 1-93, Openings in Foundation Walls.
10 (C) Fully enclosed areas below the lowest floor subject to this provision, include the following:
11 (i) Residential garages placed at or above grade;
12 (ii) Enclosures or vestibules that are attached to structures and that are utilized for storage or
13 entryways;
14 (iii) Crawl spaces; and
(iv) Outdoor pavilions and patio enclosures with removable walls not located in the high hazard
15 zone.
16 (19) Below Grade Crawl Space Construction: New construction, expansion or enlargement,
17 substantial improvement and substantial modification of any below grade crawl space shall meet
the following requirements:
18
(A) Interior grade elevation that is below the base flood elevation shall be no lower than two feet
19 below the lowest adjacent grade;
20 (B) The height of the below grade crawl space measured from the interior grade of the crawl
21 space to the top of the foundation wall shall not exceed four feet at any point;
22 (C) Adequate drainage systems shall allow floodwaters to drain from the interior area of the
crawl space following a flood; and
23 (D) The provisions of paragrap(a)(2), O paragraphs a(-3), (a)(4) Oand a(18) of this section shall be
24 complied with.
25 Section 4. Section 9-3-4, BRC 1981 is amended to read:
26 9-3-4 Regulations Governing the Conveyance Zone.
27 In the conveyance zone, the following standards apply:
28
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I (a) The provisions of section 9-3-5, "Regulations Governing the High Hazard Zone," B.R.C.
2 1981, if the land is also located in the high hazard zone.
3 (b) All uses allowed under the provisions of section 9-3-2.5, "Regulations Governing the 500-
Year Floodplain," and section 9-3-3, "Regulations Governing the 100-Year Floodplain," B.R.C.
4 1981, if they are not prohibited by the underlying zoning district or any ordinance of this city,
may be established except that no person shall establish or change any use that results in any rise
5 in the elevation of the one hundred-year flood.
6 (c) All structures allowed under section 9-3-2.5, "Regulations Governing the 500-Year
7 Floodplain," and section 9-3-3, "Regulations Governing the 100-Year Floodplain," B.R.C. 1981,
may be established except that no person shall:
8 (1) Place any structure in the conveyance zone that will result in any rise in the elevation of the
9 one 100-year flood; or
10 (2) Place any obstruction in the conveyance zone, except a device reasonably necessary for flood
management if the device is designed and constructed to minimize the potential hazards to life
11 and property.
12 (d) No person shall carry out any other development those results in any rise in the elevation of
13 the 100-year flood.
(e) Localized rises within flood channels or on a specific parcel that is being developed are
14 permissible, if there is no adverse impact on nearby properties and there is no increase in the
15 average water surface elevations along the cross sections of the floodplain.
16
Section 5. Section 9-3-5, BRC 1981 is amended to read:
17
18 9-3-5 Regulations Governing the High Hazard Zone.
19 In the high hazard zone of the floodplain, the following standards apply:
(a) All uses allowed under the provisions of section 9-3-2.5, "Regulations Governing the 500-
20 Year Floodplain," and section 9-3-3, "Regulations Governing the 100-Year Floodplain," B.R.C.
21 1981, if they are not prohibited by the underlying zoning district or any other ordinance of the
city, may be established, except that no person shall:
22
(1) Change the use of an existing structure intended for human occupancy from a nonresidential
23 use to a residential use or use as a school, daycare center, group home, residential care facility, or
24 congregate care facility.
25 (2) Establish any new parking lot for motor vehicles.
26 (3) Establish any campground.
27 (b) All structures allowed under the provisions of section 9-3-2.5, "Regulations Governing the
500-Year Floodplain," and section 9-3-3, "Regulations Governing the 100-Year Floodplain,"
28 B.R.C. 1981, may be established, except that no person shall:
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1 (1) Construct or place any new structure intended for human occupancy.
2 (2) Expand, enlarge, or make a substantial modification or substantial improvement to any
existing structure intended for human occupancy. Notwithstanding this provision, a person may
3 reconstruct a non-flood-damaged structure or portion thereof, which otherwise does constitute a
4 substantial improvement, under the provisions of subparagraphs 9-3-3(a)(16)(C) and (a)(16)(D),
B.R.C. 1981.
5 (e) Unconditioned, unenclosed building elements such as balconies, awnings and roof overhangs
6 may extend up to four feet into the high hazard zone if completely located above the flood
protection elevation and the remainder of the structure complies with this chapter.
7
8 Section 6. Section 9-3-6, BRC 1981 is amended to read:
9 9-3-6 Floodplain Development Permits.
10 (a) An applicant for a floodplain development permit shall pay the fee prescribed by section 4-
11 20-44, "Floodplain Development Permits and Flood Control Variance Fees," B.R.C. 1981, and
shall complete an application form provided by the city manager that shall include, without
12 limitation, the following:
13 (1) The written consent of the owners of all property subject to the development request;
14 (2) A written statement addressing the criteria for approval;
15 (3) A surface view plan showing elevations and contours of the ground; pertinent structures, fill,
16 and storage elevations; sizes, locations, and spatial arrangements of all proposed, anticipated, and
existing structures on the site; location and elevations of streets, water supplies and sanitary
17 facilities; and soil types; and
18 (4) Specifications for building construction and materials, filling, dredging, grading, channel
improvements and changes, storage of materials, water supply, and sanitary facilities.
19
(b) The manager may require the applicant to furnish additional information and details deemed
20 necessary to evaluate the effects of the proposed construction upon the floodplain, including,
21 without limitation:
22 (1) Valley cross sections showing the floodplain surrounding the watercourse, cross sections of
the area to be occupied by the proposed development, and 500-year or 100-year flood maximum
23 water surface elevation information;
24 (2) A profile showing the slope of the bottom of the channel or thalweg of the watercourse;
25 (3) A floodplain analysis by a Colorado registered professional engineer of the flood profile,
elevation, and velocity, using methodology acceptable to FEMA, including existing and
26 anticipated uses and making a determination that the proposed construction or development will
27 not cause a rise in the elevation of the water surface of a 100-year flood;
28
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1 (4) A structural analysis by a Colorado registered professional engineer showing that any
proposed structures will be adequately designed and constructed to prevent flotation, collapse, or
2 lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including
3 the effects of buoyancy and scouring.
4 (c) When reviewing an application for a permit, the city manager shall determine which portion
or portions of the floodplain are affected by the particular development request and shall then
5 apply the provisions of sections 9-3-2.5, "Regulations Governing the 500-Year Floodplain," 9-3-
3. "Regulations Governing the 100-Year Floodplain, 9-3-4, "Regulations Governing the
6 Conveyance Zone," and 9-3-5, "Regulations Governing the High Hazard Zone," B.R.C. 1981, as
7 applicable. The manager also shall determine whether the application meets the intent of this
chapter prescribed by subsection 9-3-2(a), B.R.C. 1981, after considering the following factors:
8
(1) The effects upon the efficiency or capacity of the conveyance zone and high hazard zone;
9
(2) The effects upon lands upstream, downstream, and in the immediate vicinity;
10
(3) The effects upon the one hundred-year flood profile;
11
(4) The effects upon any tributaries to the main stream, drainage ditches, and any other drainage
12 facilities or systems;
13 (5) Whether additional public expenditures for flood protection or prevention will be required;
14 (6) Whether the proposed use is for human occupancy;
15 (7) The potential danger to persons upstream, downstream, and in the immediate vicinity;
16 (8) Whether any proposed changes in a watercourse will have an adverse environmental effect on
17 the watercourse, including, without limitation, stream banks and streamside trees and vegetation;
18 (9) Whether any proposed water supply and sanitation systems and other utility systems can
prevent disease, contamination, and unsanitary or hazardous conditions during a flood;
19
(10) Whether any proposed facility and its contents will be susceptible to flood damage and the
20 effect of such damage;
21 (11) The relationship of the proposed development to the Boulder Valley Comprehensive Plan
22 and any applicable floodplain management programs;
23 (12) Whether safe access is available to the property in times of flood for ordinary and
emergency vehicles;
24
(13) Whether the applicant will provide flood warning systems to notify floodplain occupants of
25 impending floods;
26 (14) Whether the cumulative effect of the proposed development with other existing and
27 anticipated uses will increase flood heights; and
(15) Whether the expected heights, velocities, duration, rate of rise, and sediment transport of the
28 floodwaters expected at the site will adversely affect the development or surrounding property.
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I (d) If the city manager determines that the applicant meets the purposes and requirements of this
chapter, the manager shall issue the permit and may attach such conditions as deemed necessary
2 to further the purposes of this chapter.
3 (e) A permit issued on or after April 7, 1985, expires three years after its date of issuance, if the
permittee has not commenced construction under the permit. The term "commenced
4 construction" shall mean the first placement of permanent construction of a structure on a site,
5 such as the pouring of slabs 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
6 foundation; but does not include land preparation, grading and filling, or installation of streets or
sidewalks.
7
(f) No person who has obtained a permit shall fail to construct in accordance with their approved
8 application and design.
9 (g) Floodplain development permits that allow for development in the conveyance zone or the
10 high hazard zone, or which will involve a change of watercourse, shall be decided by the city
manager. The decision of the city manager shall be subject to call-up by the planning board, or
11 appeal by any aggrieved party to the planning board, subject to the call-up and appeal procedure
12 of section 9-4-4, "Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
(h) A floodplain development permit for any of the following items is effective upon the date of
13 its issuance:
14 (1) Sidewalks, parking lots, or other concrete, asphalt, or stone flatwork that do not modify
15 existing grade;
16 (2) Uninhabited overhead structural projections, no portion of which extends below the flood
protection elevation; or
17
(3) Rehabilitation of an existing structure in accordance with the definitions in chapter 9-16,
18 "Definitions," B.R.C. 1981. In addition, for properties in the high hazard zone, the rehabilitation
19 shall not result in a prohibited change in use as set forth in subsection 9-3-5(b), B.R.C. 1981.
20 (i) No person shall initiate any use after obtaining a permit under this section without first
submitting to the city manager a certification by a Colorado registered professional engineer that
21 the development has been completed in compliance with the approved permit application and
that all conditions have been fulfilled.
22
0) Applications for non-residential building permits in the 500-year floodplain shall indicate
23 whether or not such facility has hazardous materials in accordance with the definition in chapter
24 9-16, "Definitions," B.R.C. 1981. If hazardous materials, meeting this definition, are present
information on the location and status of the hazardous materials, including information on if the
25 building is floodproofed and if the hazardous material is secured such that it will not be released
at or from the building during a 500-year flood, event must be provided.
26
27 Ordinance Nos. 6034 (1998); 7756 (2010)
28 Section 7. Section 9-3-7, BRC 1981 is amended to read:
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1 9-3-7 Variances.
2 (a) A person wishing to expand or enlarge an existing structure that does not conform to the
requirements of this chapter and cannot be made to conform without unreasonable expense or
3 unreasonable impact on the existing structure may apply to the city manager for a variance from
4 the requirements of subparagraphs 9-3-3(a)(16)(C) and (a)(16)(D), B.R.C. 1981, except that no
variance shall be granted for expansion or enlargement of any structure constructed after July 12,
5 1978, unless such expansion or enlargement conforms to the flood protection elevation
6 requirement in effect at the time of the original construction.
7 (b) The city manager shall not grant a variance under this section unless the manager determines
that:
8 (1) Considering the flood hazard, the variance is the minimum necessary to afford relief,
9 (2) To do so would not result in additional threats to public safety, extraordinary public expense,
10 nuisance, fraud, victimization of the public, or for variances in the conveyance zone a rise in the
elevation of the water surface of a 100-year flood, or be in conflict with existing provisions of
11 this code or any ordinance of the city; and
12 (3) Failure to grant the variance would result in exceptional hardship to the applicant.
13 (c) The manager shall examine the following factors in determining whether or not to grant a
14 variance under this section:
15 (1) The danger to life and property due to flooding or erosion damage;
16 (2) The likelihood that the proposed development, in conjunction with existing and anticipated
development, may increase flood hazards;
17
(3) The relationship of the proposed development to the Boulder Valley Comprehensive Plan and
18 any applicable floodplain management programs; and
19 (4) The cost of providing essential services such as maintaining and protecting public utility
20 systems, roads, and bridges during and after floods.
21 (d) The city manager shall not grant a cumulative total of variances that increases a structure's
floor area by more than ten percent of the structure throughout the life of the structure.
22 e An applicant for a variance shall apply on forms provided by the city manager and pay the fee
23 prescribed by section 4-20-44, "Floodplain Development Permits and Flood Control Variance
Fees," B.R.C. 1981, unless a floodplain development permit is required as well, in which case no
24 fee is required for the variance.
25 (f) Any decision by the city manager to approve a variance is subject to call-up by the planning
26 board or appeal by any aggrieved party to the planning board as described by section 9-4-4,
"Appeals, Call-Ups and Public Hearings," B.R.C. 1981.
27 (g) When granting any variance that allows for construction below FEMA's one hundred-year
28 flood protection elevation, the city manager shall provide to the recipient of the variance written
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I notice that the proposed construction does not conform with FEMA guidelines and that the
proposed construction and the original structure may be subject to increased flood insurance
2 premiums.
3 Section 8. Section 9-16-1, BRC 1981 regarding flood regulations is amended to read:
4 9-16-1 General Definitions
5 (a) The definitions contained in chapter 1-2, "Definitions," B.R.C. 1981, apply to this title unless
a term is defined differently in this chapter.
6
(b) Terms identified with the references shown below after the definition are limited to those
7 specific sections or chapters of this title:
8
(1) Airport influence zone (AIZ).
9
(2) Floodplain regulations (Floodplain).
10
(3) Historic preservation (Historic).
11
12 (4) Inclusionary housing (Inclusionary Housing).
13 (5) Residential growth management system (RGMS).
14 (6) Solar access (Solar).
15 (7) Wetlands Protection (Wetlands).
16 (8) Signs (Signs).
17 (c) The following terms as used in this title have the following meanings unless the context
18 clearly indicates otherwise:
19
20 "Area of special flood hazard" means the land in the floodplain subject to a one percent or
greater chance of flooding in any given year. Such areas may be designated as Zones A, AO,
21 AH, AE and Al-30 on the FIRM for the City of Boulder. (Floodplain)
22 ,At Risk Population Facilities" include, without limitation, pre-schools, public and private
23 primary and secondary schools, before and after school care centers with 12 or more students,
daycare centers with 12 or more children, group homes, and assisted living residential or
24 congregate care facilities with 12 or more residents. (Floodplain)
25
26
"Base flood" is the flood having a one percent chance of being equaled or exceeded in any given
27 year. This is the regulatory standard also referred to as the 100-year flood." (Floodplain)
28
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I "Base flood elevation" is the computed elevation to which floodwater is anticipated to rise
2 during the base flood. (Floodplain)
3
4 "Basement" means any enclosed area of a building having its lowest floor a minimum of two feet
below grade level on all sides. (Floodplain)
5
6
7 "Change in a watercourse" means any change in an existing thalweg, bed, or bank of a
watercourse. (Floodplain)
8
9
"Conveyance zone" means those portions of the floodplain required for the passage or
10 conveyance of the one hundred-year flood based on equal encroachment (measured in volume of
11 water) of the floodplain from the edges of the flood channel to a point where the one hundred-
year flood profile will be raised by six inches or more, after considering a reasonable expectation
12 of blockage at bridges and other obstructions by flood borne debris. (Floodplain)
13
14,Crawl space" means the enclosed area contained inside the foundation walls and below the
15 habitable floor of a structure. Crawl spaces having the lowest floor a minimum of two feet below
16 grade level on all sides shall be considered a basement, and not a crawl space. (Floodplain)
17 "Critical Facility" any facility, including without limitation, a structure, infrastructure, property,
equipment or service, that if flooded may result in severe consequences to public health and
18 safety or interrupt essential services and operations for the community at any time before, during
19 and after a flood. A critical facility is classified by the following categories: (1) Essential
Services Facilities, (2) Hazardous Materials Facilities, (3) At-risk Populations Facilities.
20 (Floodplain)
21
22 "Development" means any change to improved or unimproved real estate, including, without
23 limitation, constructing, relocating, rehabilitating, reconstructing or expanding or enlarging (but
not maintaining) a building or other structure or portion thereof, or establishing or changing a
24 use, or mining, dredging, filling, grading, paving, or excavation. (Floodplain)
25
26 "Essential Services" include, without limitation, public safety, emergency response, emergency
27 medical, designated emergency shelters, communications, public utility plant facilities and
28 equipment, and government operations. (Floodplain)
The sub-categories of essential services facilities can be further defined as:
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1 • Public safety (police stations, fire and rescue stations, emergency operation centers)
• Emergency response (emergency vehicle and equipment storage and essential governmental work
2 centers for continuity of government operations)
3 • Emergency medical (hospitals, emergency care, urgent care, ambulance services but excluding clinics,
doctors offices, and non-urgent care medical facilities)
4 • Designated emergency shelters
• Communications (main hubs for telephone, main broadcasting equipment for television systems, radio
5 and other emergency warning systems but excluding towers, poles, lines, cables, and conduits)
6 • Public utility plant facilities and essential equipment for treatment, generation, storage, pumping and
distribution (hubs for water, wastewater, power and gas but excluding hydro electric facilities, towers,
7 poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines)
• Essential government operations (public records, courts, jails, building permitting and inspection
8 services, government administration and management, maintenance and equipment centers)
• Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving
9 emergency functions, and associated infrastructure (aviation control towers, air traffic control centers,
10 and emergency equipment aircraft hangars). (Floodplain)
11 12 "Exceptional hardship" means a substantially disproportionate burden in relationship to the
benefit to be derived from conformance with the requirements of this title. (Floodplain)
13
14
"Existing manufactured home park or subdivision" means a manufactured home park for which
15 the construction of facilities for servicing the lots on which the manufactured homes are to be
16 affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) was completed prior to July 12, 1978.
17 (Floodplain)
18
19
"Expansion or enlargement of a structure" means any addition of an exterior wall to the structure
20 or any addition to the floor area of the structure, whether under, at, or above grade, and whether
21 or not the external dimensions of the structure are changed, or the reconstruction of a flood-
damaged portion of a structure, so long as such expansion, enlargement or reconstruction does
22 not constitute a "substantial modification" or a "substantial improvement." (Floodplain)
23 "Expansion to existing manufactured home park or subdivision" means the preparation of
24 additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, without limitation, the installation of utilities, the
25 construction of streets, final site grading, or the pouring of concrete pads). (Floodplain)
26
27 TEMA" means the Federal Emergency Management Agency. (Floodplain)
28
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I "Five hundred-year flood" means a flood having a 0.2 percent chance of occurring in any year.
2 (Floodplain)
3 "Flood" or "flooding" means a general or temporary condition of partial or complete inundation
of normally dry land areas from a watercourse that temporarily overflows the boundaries within
4 which it is ordinarily confined or from the rapid accumulation of runoff of surface water caused
5 by rain, snow melt, flow blockage, or any other source. (Floodplain)
6 "Flood channel" means a natural or artificial watercourse with a definite bed and banks which
periodically or continuously conducts flowing water and is shown on the Flood Channel
7 Inventory Map prepared by the city's Utility Division of the Public Works Department.
8 (Floodplain)
9 "Flood fringe" means those portions of the floodplain that are not in the conveyance zone or in
the high hazard zone. (Floodplain)
10
"Flood Insurance Rate Map (FIRM)" means the official map on which FEMA has delineated
11 both the areas of special flood hazard and the risk premium zones applicable to the community.
12 (Floodplain)
13 "Flood insurance study (FIS)" means the official report provided by the Federal Emergency
14 Management Agency that included flood profiles, the Flood Boundary- Floo dway Map, and the
water surface elevations of the base flood. (Floodplain)
15
"Flood profile" means a graph showing the elevations of the floodwater surface and the
16 elevations of the underlying land as a function of distance along a path of flow. (Floodplain)
17 "Flood protection elevation" means an elevation of. 1) two feet above the elevation of the water
18 surface of a one hundred-year flood as determined pursuant to sections 9-3-2 through 9-3-8,
B.R.C. 1981, or, if no such elevation is determined, two feet above the highest grade adjacent to
19 a structure, or 2) two feet above the base flood elevation in AE zones or two feet above the flood
20 depth number indicated for AO zones on the FIRM for the City of Boulder, whichever is higher.
(Floodplain)
21
"Floodplain" means the area that is inundated by a flood. (Floodplain)
22
"Floodplain development permit" means any permit granted under the terms and conditions of
23 sections 9-3-2 through 9-3-8, B.R.C. 1981, for development on land in a floodplain.
24
(Floodplain)"Floodplain, five hundred-year" means the area inundated by a flood having a 0.2
25 percent or greater chance of occurring in any given year. (Floodplain)
26 "Floodplain, one hundred-year" means the area inundated by a flood having a one percent or
27 greater chance of occurring in any given year. (Floodplain)
28
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I "Floodproofing" means any combination of structural and nonstructural changes, modifications,
2 or adjustments to structures or real property which reduce or eliminate flood damage to improved
or unimproved real property, water and sanitary facilities, structures and their contents.
3 (Floodplain)
4 "Floodway, FEMA regulatory" means the channels of watercourses and the adjacent land areas
5 that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot. (Floodplain)
6
7
Hazardous Materials" are any materials used, generated, or stored at a facility of a type and in a
8 quantity that would classify the facility as a Hazardous Materials Facility.
9 "Hazardous Materials Building" is any Structure on a Hazardous Materials Facility in which
10 Hazardous Materials are used, generated or stored.
11
"Hazardous Material Facilities" include the following:
12 a) Facilities subject to Section 303 of the Emergency Planning and Community Right-to-
Know Act, 42 USC § 11003, because they have on site an "Extremely Hazardous Substance" in
13 excess of the "Threshold Planning Quantities" established by the United State
14 Environmental Protection Agency and listed at 40 CFR Part 355, Appendix A and
Appendix B.
15 b) Unless covered by subpart (a) above, facilities storing Hazardous Material as defined by
Department of Transportation regulations at 49 CFR Parts 171-180 but only to the extent
16 that the facility is storing the Hazardous Material in the "Bulk Packaging" container in
17 which it was delivered as that term is defined at 49 CFR 171.8.
c) Facilities storing a Hazardous Substance of the type and quantities listed by §29-22-107,
18 C.R.S.
d) Facilities regulated as transfer stations under Colorado hazardous waste regulations at 6
19 CCR 1007-3, Part 263.
20 e) The facility is excluded from this definition if it obtains the written and signed opinion,
including a documented site evaluation, of a Colorado licensed professional engineer, based
21 upon a site evaluation of the facility location, flood threat and Hazardous Material storage
conditions, that the Hazardous Material will not be released at or from the facility during a 500-
22 year flood event. Such certification shall be updated when the facility changes the Hazardous
23 Materials storage conditions or there is a change in the flood risk. (Floodplain)
24 "High hazard zone" means those portions of the floodplain where an unacceptably high hazard to
25 human safety exists defined as those areas where the product number of flow velocity (measured
in ft./sec.) times flow depth (measured in feet) equals or exceeds four, or where flow depths
26 equal or exceed four feet. (Floodplain)
27
28
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I "Intended for human occupancy" means, as applied to structures, capable of and likely to be used
2 for residential habitation, or for commercial, industrial or governmental occupation by persons
on a regular basis. Examples of structures normally not intended for human occupancy include,
3 without limitation, garages useable solely for the parking of vehicles or storage, open air
carwashes, unheated pavilions, porches or patio covers, crawl spaces, flood resistant enclosures
4 useable solely for building access, barns and other agricultural buildings, garden storage sheds,
5 ATMs, and mausoleums. (Floodplain)
6
7 "Lowest floor" means the lowest floor of the lowest enclosed area (including basement or crawl
8 space). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than a basement area, is not considered a building's lowest
9 floor, provided that such enclosure is not built so as to render the structure in violation of the
10 applicable design requirements of sections 9-3-2 through 9-3-8, B.R.C. 1981. (Floodplain)
11
12 "Maintenance" means any activity undertaken to repair or prevent the deterioration, impairment
or failure of any stream, previously constructed improvement or structure including, without
13 limitation: the removal of sediment and debris, installation of erosion and sediment control
14 devices and the replacement of structural components. Maintenance does not include substantial
modifications, substantial improvements, total replacement of existing facilities or total
15 reconstruction of a facility. (Floodplain)
16
17
"Manufactured home" means a structure, transportable in one or more sections, which is built on
18 a permanent chassis and is designed for use with or without a permanent foundation when
1 connected to the required utilities. The term "manufactured home" does not include a
"recreational vehicle." (Floodplain)
20
"Manufactured home park or manufactured home subdivision" means any lot or tract of land
21 designed, used, or intended to provide a location or accommodation for one or more
22 manufactured homes and upon which any manufactured home or homes are parked or located,
whether or not the lot or tract or any part thereof is held or operated for profit, on which
23 construction was completed on or after July 12, 1978. (Floodplain)
24
25 ,Mobile population facility" means hotels, motels, dormitories, bed and breakfasts, hostels and
26 assembly group use, as defined in the city's adopted version of the International Building Code.
(Floodplain)
27
28
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I "Moveable object" means an item or material not anchored to the ground that is subject to being
2 transported by water, including, without limitation, a manufactured home not anchored to a
permanent foundation, a tank, a trash dumpster, lumber, and other materials, but not a motor
3 vehicle. (Floodplain)
4
5 "New construction" means structures for which the "start of construction" commenced on or after
6 July 12, 1978, and includes any subsequent improvements to such structures. (Floodplain)
7 "New 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 manufactured homes
8 are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
9 final site grading, or pouring of concrete pads) is completed on or after July 12, 1978.
(Floodplain)
10
"Nonresidential structure" means any structure or any portion of a structure used exclusively for,
11 or designed as and capable of being used for, office, commercial, industrial, or governmental
12 occupation. (Floodplain)
13
14 "Obstruction" means any item or material not constituting a moveable object in, along, across, or
15 projecting into the floodplain that might impede, retard, or change the direction of a flow of
water, either by itself or by catching or collecting debris carried by such water, in a way that the
16 city manager determines would increase the flood hazard to adjacent properties. (Floodplain)
17
18 "One hundred-year flood" means a flood having a one percent chance of occurring in any year.
19 (Floodplain)
20
21 "Reconstruction" means exact replacement of an existing structure or portion thereof or exact
22 structural repair of a damaged structure. (Floodplain)
23 "Recreational vehicle" means a vehicle which is: 1) built on a single chassis; 2) four hundred
square feet or less when measured at the largest horizontal projections; 3) designed to be self-
24 propelled or permanently towable by a light duty truck; and 4) designed primarily not for use as
25 a permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use. (Floodplain)
26
27
"Rehabilitation" means any improvement, maintenance, or remodeling made to the interior or
28 exterior of any existing structure or the reconstruction of a deteriorated or non-flood-damaged
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I portion of an existing structure so long as such improvement or reconstruction does not
2 constitute an "expansion or enlargement of a structure," "substantial modification," or a
"substantial improvement." (Floodplain)
3
4
"Residential structure" means any structure or any portion of a structure that is used for, or
5 designed as and capable of being used for, the temporary or permanent domicile of persons,
6 including, without limitation, a dwelling, a boarding house, a hotel, a motel, and similarly used
structures. (Floodplain)
7
8
9 "Start of construction" means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
10 was within one hundred eighty days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such as the pouring of slab or
11 footings, the installation of piles, the construction of columns, or any work beyond the stage of
12 excavation; or the placement of a manufactured home on a foundation. (Floodplain)
13
14 "Structure" means a building or other roofed construction, a basement, a wall, a fence, a
15 manufactured home, or a storage tank. (Floodplain)
16
17 "Substantial damage" means 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 of the
18 market value of the structure before the damage occurred. (Floodplain)
19
"Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or
20 improvement of a structure, the cost of which equals or exceeds fifty percent of the market value
21 of the structure before the "start of construction" of the improvement. This term includes
structures which have incurred "substantial damage," regardless of the actual repair work
22 performed. For the purposes of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the building
23 commences, whether or not that alteration affects the external dimensions of the structure. The
24 term does not, however, include either: 1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code specifications which are solely
25 necessary to assure safe living conditions or 2) any alteration of a structure listed on the National
26 Register of Historic Places or the Colorado Inventory of Historic Places or designated as an
individual landmark under section 9-11-2, "City Council May Designate Or Amend Landmarks
27 And Historic Districts," B.R.C. 1981. (Floodplain)
28
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I "Substantial modification" means any expansion or enlargement of a structure which equals or
2 exceeds fifty percent of the floor area of the structure intended for human occupancy, considered
cumulatively, commencing July 12, 1978. (Floodplain)
3
4 Section 9. This ordinance is necessary to protect the public health, safety and welfare of
5
the residents of the city, and covers matters of local concern.
6
7 Section 10. The City Council deems it appropriate that this ordinance be published by
8 title only and orders that copies of this ordinance be made available in the office of the City
9 Clerk for public inspection and acquisition.
10
11
12
13
14
15 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
16 TITLE ONLY this _ day of 2011.
17
18
Mayor
19 Attest:
20
21 City Clerk on behalf of the
Director of Finance and Record
22
23 READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
24 PUBLISHED BY TITLE ONLY this day of 2011.
25
26 Mayor
27
Attest:
28
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1
2 City Clerk on behalf of the
3 Director of Finance and Record
4 File: FCAD 1190
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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26
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APPENDIX
ASFPM WHITE PAPER
"CRITICAL FACILITIES AND FLOOD RISK"
Association of State Floodplain Managers, Inc.
2809 Fish Hatchery Road, Suite 204, Madison, WI 53713
Phone: 608-274-0123 I Fax: 608-274-0696 I Email: asfpm@floods.org I Website: www.floods.org
Critical Facilities and Flood Risk
This is a position paper prepared by the Association of State Floodplain Managers (ASFPM), a
professional non-profit organization dedicated to reducing flood losses and protecting floodplain
fi.rnctions and resources in the United States, without causing adverse impacts to others.
Background
Both flood risk and flood damage are increasing in the United States, despite multiple decades and
billions of dollars to first attempt to control floods and then to attempt to reduce flood damage by
managing floodplains. This increase in damage has occurred for three very simple reasons: (1)
communities, other governments and property owners continue to build in high flood-risk areas; (2)
when structures are built in high-risk areas, it is often done with inadequate adjustments for either the
flood hazard that exists and certainly not for the flood hazard that will exist in the near future; and (3)
facilities that are flooded once are not mitigated when rebuilt, despite the provision of the disaster
recovery public assistance law that provides funding for mitigation (Stafford Disaster Act). In an
attempt to remedy this, there is an effort to shift the current focus to reducing development in flood risk
areas in order to reduce consequences and flood risk and to manage flood risk that may be caused from
watershed development or changing conditions due to climate or demographics. Historically, the
consequences of floods were considered only from an economic damage perspective; but loss of life and
human suffering, as well as environmental degradation along with community sustainability and
resilience, are equally important factors to consider when making decisions to reduce and manage flood
risk.
For the purposes of this paper, it is important to explain that "flood risk" is not just the probability
(chance) that a flood will impact a facility, but rather is the result of that probability multiplied by the
consequences of when a flood does happen. Thus, flood risk may actually increase behind a levee if
more development or higher value structures are placed behind the levee where they will be damaged
when the levee is overtopped or fails and the flood occurs.
What are Critical Facilities and Critical Actions?
Critical facilities are those that are essential to a community's resiliency and sustainability- otherwise
defined as its ability to quickly and efficiently respond to floods, recover from floods, meet the needs of
its citizens, and rebuild after floods. Stated simply, critical facilities should never be flooded, and
critical actions should never be conducted in floodplains if at all avoidable. The economic, social, and
environmental impacts of the facility being flooded are so great that it should not be located in a flood
hazard area. If there are no practical alternatives to locating the facility in a floodplain, federal
guidelines should be followed requiring protection from the "500-year" flood event.
ASFPMPaper - Critical Facilities Page 1 of 12 Approved by the ASFPMBoard 11-10-10
Critical facilities fall within the following categories:
1. Governmental Facilities: Essential for the delivery of critical services and crisis management, including
data and communication centers, key government complexes, etc.
2. Essential Facilities: Those that are vital to health and welfare of entire populations, including
hospitals and other medical facilities, retirement homes, police and fire departments, emergency
operations centers, prisons, evacuation shelters, and schools, etc.
3. Transportation Systems: Those systems, and the supporting infrastructure, necessary for
transport of people and resources (including airports, highways, railways, and waterways) during
major disasters, including flood events up to the 500-year flood.
4. Lifeline Utility Systems: Those vital to public health and safety, including potable water,
wastewater, oil, natural gas, electric power, communication systems, etc.
5. High Potential Loss Facilities: Failure or disruption of operations may have significant
physical, social, environmental, and/or economic impact to neighboring communities, including
nuclear power plants, high-hazard dams, urban levees, and military installations.
6. Hazardous Material Facilities: Involved in the production, storage, and/or transport of
corrosives, explosives, flammable materials, radioactive materials, toxins, etc.
To further assist in determining if a facility is critical, the following questions should be asked:
1. If flooded, would the facility add another dimension to the disaster? (e.g., petroleum terminals,
hazardous and toxic waste sites)
2. Based on the available flood warning time, would people be able to evacuate the facility/building
without loss of life?
3. Would the facility be operable during an extreme flood event (e.g., 500-year flood)?
4. Would essential and irreplaceable records, utilities, and /or emergency services be lost or become
inoperable?
5. If the services provided by the facility were disrupted by flood (e.g., police, fire, emergency
services), would the flood disaster result in even more damages and loss of life?
If the answer to any of these or similar questions is "yes," then the facility is considered critical, and the
action to place the facility at risk of flooding would be a critical action.
The impacts of the loss of function of critical facilities could include:
• The inability to provide essential services, such as police, hospital, rescue and fire.
• Endangering large numbers of concentrated people, such as within emergency evacuation centers
that cannot be accessed or serviced, or are otherwise at risk.
• Denying life-safety ingress and egress via critical streets and highways.
• Adding to the hazard of the flood water itself, such as by pollutants from flooded wastewater
treatment plants or toxic materials.
Critical actions support facilities, and their activities, for which even a slight chance of flooding would
be too great. Critical actions include but are not limited to:
• Providing financing assistance and/or construction of critical facilities
ASFPMPaper - Critical Facilities Page 2 of 12 Approved by the ASFPMBoard 11-10-10
• Acquiring, managing, and disposing of lands for critical facilities
• Conducting programs and activities affecting land use for critical facilities
Minimum federal floodplain management standards for federal activities related to critical facilities
come from Executive Order 11988, which cites the 500-year flood elevation as the minimum standard.
The American Society of Civil Engineers (ASCE) Standard 24-05, and the International Building Code
also provide minimum standards for some Category structures. Those standards, depending on the type
of flood exposure, require protection to the 100-year flood elevation, plus up to three feet of freeboard or
the "design flood elevation," whichever is higher. Therefore, the "design flood elevation" for critical
facilities, as referred to in this paper, is the higher of the 500-year flood elevation, or the elevation
required by applicable codes and standards.
Extent of the Problem
When critical facilities in the United States are flooded, they not only sustain costly flood damage, but
may also become inoperative and unable to fulfill their function in response and recovery. This can
result in greater loss of life and human suffering, and means that it takes longer for the community to get
back to pre-flood levels of functionality. Two examples from recent floods illustrate this problem.
New Orleans and Hurricane Katrina, 2005: The frequency of flooding was reduced in the Greater
New Orleans area, after Hurricane Betsy in 1965, when the federal government began to build structural
levee s/floo dwalls. In the short term, the levees/floodwalls decreased flood risk; however, the reduced
frequency of flooding altered the New Orleans style of construction. Traditionally, residents had
avoided placing buildings in the lowest areas, instead opting for elevating buildings such as houses with
enough space to park a car beneath them. After the levees/floodwalls were in place, the trend shifted to
wholesale construction of "slab on grade" buildings, including critical facilities throughout the area.
The result was that the levee/floodwall system actually increased long-term flood risk, because the
consequences of flooding from levee failure increased greatly. Many, if not most, critical facilities in
the area were built with first floors at elevations ranging from several feet below sea level to just a few
feet above sea level.
When Hurricane Katrina struck, deaths resulted not only from direct floodwater, but also because of the
inability to evacuate once the levees failed or overtopped. Additionally, many critical facilities were
unable to continue in operation due to the lack of supplies and resources, such as power, potable water,
food, sanitation, and medications. Critical facilities such as neighborhood schools and auditoriums that
could have served as emergency evacuation centers were also flooded. Because of the distance and the
need to traverse floodwater, many people were unable to evacuate to the Superdome. When the
floodwaters arrived at St. Rita's Nursing Home 35 residents died while trying to evacuate from this
home which was built 20 years previously in an area considered "protected" by the levee/floodwall
system. Transportation infrastructure to provide access to the facility was inoperable during the flood.
Critical facilities could have been located at the highest locations in the city, elevated or flood proofed,
with accessibility, in order to achieve operability, maximum flood risk reduction and community
resiliency.
Cedar Rapids, Iowa, and the Floods of 2008: When Cedar Rapids experienced a major flood in 2008,
the city had levees and floodwalls in place, but these structural measures were overwhelmed by the
ASFPMPaper - Critical Facilities Page 3 of 12 Approved by the ASFPMBoard 11-10-10
flood. Critical facilities such as the city hall, county courthouse, county detention complex, county
sheriff's headquarters, police headquarters, and medical center were all located in areas that flooded
when such measures were overwhelmed. The city hall, county courthouse, and county detention
complex were actually located on an island in the Cedar River, and evacuation of the detention complex
did not occur until floodwater had inundated the complex and all evacuation routes were flooded. Much
of the city lies above the elevation of any flood event, and all of these facilities could have, and should
have, been constructed at locations with very low flood risk. As in New Orleans, the location of critical
facilities in flood prone areas not only added to cost of the flood damage, but it also hindered flood
response and prolonged flood recovery, thus negatively impacting the city's economy, resiliency and
sustainability.
Examples like these exist nationwide in many communities that are subject to flooding. These results
will continue to occur unless communities use long-term planning to: (1) locate or build critical facilities
at locations above projected high flood levels, (2) relocate their existing critical facilities, or (3) flood
proof their critical facilities.
In many locations, critical facilities have been located in areas considered "protected" by levees,
floodwalls, or dams that reduce flood frequency but do not eliminate flood risk. Furthermore, because
of the misconception that a floodplain does not exist if a property is "protected" by a levee, floodwall, or
dam accredited for purposes of the National Flood Insurance Program (NFIP), it is common for critical
facilities to be constructed using "slab on grade" construction in these "protected" areas and to have no
operability or access during major disasters.
Many levees and floodwalls, specifically those built after passage of the Water Resources Development
Act of 1986 (WRDA) and after full implementation of the NFIP, were built to only provide "protection"
from the 100-year flood. This has occurred for two reasons:
(1) the NFIP currently does not require flood insurance purchase or floodplain regulation in areas
"protected" by levees and floodwalls that are accredited as providing a minimum of 100-year flood
"protection," and
(2), the WRDA required construction cost sharing by a local sponsor with the Corps of Engineers,
so communities generally opt to pay for only the minimum levee or floodwall, in order to remove
them from the designated 100-year floodplain
Development and construction in areas behind a levee or floodwall, or in the failure zone below dams,
can proceed as if no flood risk exists. Then, when a flood event occurs that exceeds the "protection"
level provided, such as the 2005 or 2008 events described above, critical facilities are flooded
sometimes to depths greater than would have been the case had the levee, floodwall or dam never been
built. This can be due to entrapment of the water within the overtopped or breached levee or floodwall
and/or that no other mitigation, such as elevation above ground level, is performed.
Why the Problem Persists
Why are so many critical facilities vulnerable to damage and operational shutdown because of floods? It
is important to recognize that critical facilities may be viewed or addressed differently depending on
whether they already exist (and may be substantially damaged by an event and need rebuilding), or if
they are being planned and the location for them is more open to discussion and decision. If there is any
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federal involvement (most cases), the Executive Order directs that any at risk area be avoided if at all
possible, followed by a construction decision, requiring mitigation and elevation above the 500-year
flood (if a flood hazard area absolutely cannot be avoided). Factors contributing to the problem include:
• Federal agencies have contributed to the problem by directly building critical facilities or by
funding states and localities (via grant programs) to build such facilities in flood hazard areas.
This is true even though the Executive Order (11988, Floodplain Management, issued May 24,
1977) directed agencies of the federal government to give special consideration to, and avoid
supporting critical facilities and critical actions in, flood-prone areas. Examination of the
implementing guidelines to federal agencies published by the U.S. Water Resources Council
(WRC) and codified into federal regulation February 10, 1978, includes specific reference to
critical actions and critical facilities. The Order states that even a slight chance of flooding is too
great for critical facilities and actions, so they should not be located in flood hazard areas if
alternatives exist. The guidelines state that, "The minimum floodplain of concern for certain
critical actions is the area subject to inundation from a flood having a 0.2 % chance of
occurrence", also known as the 500-year flood. The Order faces challenges in implementation as
a result of local and political pressure to develop in flood risk areas for short-term economic
gain.
A current example of this is in East St. Louis, Illinoisan area that has been considered
"protected" by a levee that has been accredited by the NFIP as providing 100-year "protection",
and which many considered to have 500-year protection. As a result, all development behind the
levee over the years has been built essentially at-grade. This includes critical facilities, even
though the EO and a subsequent state executive order require that critical facilities either not be
built in a 500-year floodplain or be flood-proofed to be functional during a 500-year flood. The
State of Illinois is requiring a state-funded nursing home, proposed for the area, to comply with
500-year standards of both the federal and the state executive orders. The reaction to these
efforts, to consider life and safety for these critical facilities, has been a demand for change in
both state and federal executive orders from the local community officials, the developers, and
the area Congressional delegation. The state legislature in Illinois actually passed and the
governor signed a law declaring that the area behind this levee is not a floodplain!
• Not all states have recognized the need for additional regulation relative to critical facilities and
critical actions. Those that have recognized the need have generally followed the federal
guidelines for implementing the EO. The prevalence for state purview often disappears when
critical facilities are (to be) located in areas that are "protected" to NFIP minimum floodplain
management standards by structural measures such as levees, floodwalls, or dams.
• Critical facilities are reconstructed after a disaster without being mitigated. Too often, public
assistance (PA) funds from FEMA, or federal monies from other agencies such as DOT, HUD,
EDA, etc, are used to reconstruct critical facilities after a disaster, but mitigation is not
performed despite the use of federal dollars.
• A disconnect exists between land use decisions and flood risk costs. Land use decisions are
made by communities and tend to be based on local short-term economic factors in the form of
community growth and resultant increases in the local tax base. These decisions often favor
ASFPMPaper - Critical Facilities Page 5 of 12 Approved by the ASFPMBoard 11-10-10
using floodplains for economic development, with the fact that the area is subject to flooding
being a much lower priority in the decision. Local communities gain the "benefits" of the tax
base growth but can then "externalize" the costs incurred during and after a flood to others,
usually federal and state taxpayers. When a flood disaster occurs these same communities turn
immediately to the state, which turns to the federal government for funds to respond, recover,
and rebuild. When making land use decisions about critical facilities, communities usually place
highest priority on getting the lowest-cost facility that meets the primary objective of the facility.
The need for the facility to be fully functional during and after floods is often not a
consideration. If flood risk is considered, it is usually from the perspective that the cost to
rebuild after a flood will be largely paid for by a state or federal taxpayer recovery program, and
thus not a local responsibility.
• Community acceptance of shared responsibility for flooding is lacking. The lack of
responsibility for flooding results in unwise land use decisions by communities and by property
owners because over the decades, people and communities have been "taught", over the decades,
that flood disasters are a federal responsibility. This is reinforced by the ever-increasing
prevalence of Presidential disaster declarations for floods and the resultant federal funding that
goes principally to those communities and people that have taken the least amount of
responsibility-thus rewarding unwise development in flood risk areas.
An example of the lack of shared responsibility can be seen by a simple comparison of two types
of disasters: fire and flood. In both cases, insurance is available for purchase by property
owners. In the case of flood, most people try hard to avoid the requirement to buy flood
insurance, and many communities base land use decisions not on flood risk, but on short-term
economic growth. Communities also attempt to reduce the extent of the identified floodplain on
the NFIP flood maps, even urging their members of Congress to delay flood maps or exempt
their citizens in identified flood hazard areas from the mandatory purchase of flood insurance.
With floods, the perception is that the taxpayer, via the federal government, will pay the cost of
the response, recovery, and rebuilding. In the case of fire, quite the opposite occurs. With fire, it
is understood that the individual is wholly responsible for fire damage and if any broader support
comes, it generally stops at the local community level. Because flood disasters are generally
large and devastating, the individual and local community's lack of responsibility in managing
flood risk is rewarded flood after flood with large amounts of funding borne mostly by the
federal and state taxpayers. Critical facilities that are damaged or destroyed by floods are often
the first recipients of federal rebuilding funds because of the urgency to restore the services they
provide. Furthermore, communities often argue strongly to be allowed to rebuild the critical
facility in the same flood risk area where it was destroyed.
• Many communities do not know what critical facilities exist in their area or what constitutes a
critical facility. Communities may not have looked ahead and thought about what facilities exist
that are "critical" for flood response, recovery, and community resilience in the long term. Each
community should have an inventory of all its critical facilities, and a list of the actions to be
taken if that facility is damaged or must be rebuilt.
• It may not be clear if critical facilities are in flood risk areas. Many communities have
inadequate or inaccurate floodplain information. FEMA has recently undertaken an initiative to
ASFPMPaper - Critical Facilities Page 6 of 12 Approved by the ASFPMBoard 11-10-10
modernize flood maps and to update many flood maps across the nation. While this has resulted
in good information, some communities are still operating with maps that simply digitized
decades-old information. In addition, watersheds and floodplains are dynamic, and today's best
information may be inaccurate tomorrow due to physical changes in the floodplain or watershed
brought about by human development, climate change, flood events, or other factors. Without
accurate and current floodplain mapping, proper location and/or construction and operability of
critical facilities is difficult to achieve.
• Lack of community understanding about where flood risk exists. There is a common
misunderstanding that flood risk only exists in the shaded 100-year floodplain area on the NFIP
maps. This is highly inaccurate, but is reinforced by the fact that the 100-year floodplain is the
only flood risk area with any relevance on the NFIP flood maps, therefore it has become the de
facto "recognized" flood risk area throughout the nation. The 100-year floodplain on NFIP maps
exists primarily for flood insurance purchase, not to show flood risk. According to public
misconception, if a facility is within the 100-year floodplain on the NFIP maps, it has a flood
exposure; if it is not within the 100-year floodplain it does not have, and will never have, a flood
problem. This is one of the greatest misconceptions people and communities have, supported by
the federal flood maps and policies. This fallacy must be addressed at the local community level
by educating the public about the "nature's" floodplain and that flood risk is a continuum
throughout the community, not an "in or out" concept. Communities must take necessary steps
to have critical facilities accessible and functional in all flood events, no matter how large the
event.
• Flood maps do not reflect future flood conditions. NFIP flood mapping reflects only the flood
that will occur based on existing, not future conditions. FEMA claims this is because the NFIP
maps must reflect current risks for insurance rating purposes. The focus on existing watershed
and floodplain conditions, rather than on future conditions, has resulted in critical facilities being
located in what will be high flood risk areas after the watershed is developed, storms intensify, or
sea level rises. Thus, critical facilities are placed in areas inappropriate to support community
resiliency and sustainability.
Recommendations
The following actions for change are recommended by ASFPM:
Recommendation 1
Reconnect land use decisions and flood risk responsibility and cost. A disconnect between land use
decisions and flood risk cost is a problem across all categories of buildings and structures, not just
critical facilities. The actions below should address the differences between existing and new critical
facilities:
ASFPM Paper- Critical Facilities Page 7 of 12 Approved by the ASFPMBoard 11-10-10
Action item: Grant funds should not be available from any federal agency to construct any
critical facility that does not meet the flood risk process/standards of the Floodplain Management
Executive Order 11988. This would connect community land use decisions to the flood risk cost
and exposure of the federal taxpayers; meaning the facilities must be built in accordance with the
Federal Order or federal support is not available.
Action item: Post disaster funds from any federal agency should only be available for post-flood
rebuilding of a critical facility if the facility is protected from and operable in the 500-year flood,
or the funds can be used toward relocating the facility. This action should be undertaken by the
federal and state agencies responsible for the funding, permitting, rebuilding and location
decisions of critical facilities.
Action item: When providing funding for disaster relief, including critical facilities, federal
assistance should use a "sliding" cost share policy. Thus, under federal policy, those
communities that do the poorest job of managing flood risk would either receive the same or less
funds as those communities that do the best job.
Action item: Communication and education on the importance of flood risk and appropriate land
use decisions by local communities is extremely important. Flood risk communication and
education to inform local land use decision makers, as well as local citizens, on current flood risk
and on effective flood risk management, must be instituted at least annually in all communities.
This need is especially important for critical facilities and how citizens in that community can
access those facilities during major flood events.
Action item: The NFIP regulations should include standards for critical facilities that are
required for a community ordinance in order to be compliant and to participate in the NFIP.
Recommendation 2
Ensure that communities are aware of the critical facilities within their jurisdictions. Many communities
may not know what role certain facilities should play during disasters/emergencies.
Action item: Communities are required to identify and maintain, in their hazard mitigation plan,
a list of facilities that are essential to reducing and preventing human suffering and death during
and after floods or other disasters. This action is the responsibility of each community with
support and oversight from each state's mitigation and floodplain management office. The
community mitigation plan should identify the actions the community will take when a facility is
damaged or rebuilt. To assist this effort a critical facility "tool kit" focused on identifying
critical facilities, as well as location or flood-proofing of existing critical facilities, should be
developed by the Federal Interagency Floodplain Management Task Force. Floodplain
management experts such as states and ASFPM Chapters could provide this to communities and
others.
Recommendation 3
A shift in flood risk management benefits thinking, from "short term" to "long term", must occur. The
level of flood risk considered acceptable and sustainable must be established nationwide and at the state
and local level. Any short-term objectives must be supportive of, and not negate, the long-term
ASFPMPaper - Critical Facilities Page 8 of 12 Approved by the ASFPMBoard 11-10-10
objectives. Requiring those who build and live at risk to pay the full cost of adding to that risk is key,
and other actions can support this.
Action item: All communities should be required to have a flood hazard mitigation plan that
focuses on maximum reduction of flood risk for critical facilities by 2050. Measurable and
implementable actions must be adopted that are achievable short-term, but that also continually
move the community and its critical facilities toward this flood risk objective. This could be a
further requirement of the present flood hazard mitigation plan for community eligibility for
FEMA Mitigation funding as well as for USACE water resources projects. This would be a
FEMA and USACE action, with strong support from state floodplain management and
mitigation programs and from ASFPM. Congressional action may be needed to update the DMA
2000 requirements for a community to adopt an all-hazards mitigation plan.
Recommendation 4
Issue an updated federal executive order on floodplain management to replace the 30 year old EO
11988. The updated executive order should not be just a restatement of the 1977 EO, but also require
that each federal agency take active leadership to promote a national focus on long-term sustainability
and resilience for the nation's communities. The agencies must ensure that any federal investment or
action does not add to flood risk, and has no adverse impact on other properties, communities or the
environment. Essentially, the nation should be moving to a "no, or minimal flood risk" environment.
The updated EO should require an annual national "rollup" of flood risk-related damage and death
information and analyze trends in order to measure success or failure in reducing flood risk. The EO
must explicitly address critical facilities and require that each federal agency provide leadership in flood
risk management to achieve the goal of minimal flood risk by 2050. The new EO must also address the
need to protect data that is essential to community sustainability and resilience, and shall link the
National Infrastructure Protection Plan to these requirements, to provide for continuity of functions the
facilities provide.
Action item: The Federal Interagency Floodplain Management Task Force should promote the
adoption of an updated executive order within the next year.
Action item: The FEMA guidelines to implement the updated EO must direct that all
community and state hazard mitigation plans identify and assess their critical facilities for action
steps needed to comply with the requirements.
Action item: The Administration must assign oversight of federal agency compliance with the
existing and updated EO to one of the federal agencies, OMB or CEQ.
Recommendation 5
Accurate floodplain information is essential if communities are to ensure that their critical facilities are
not located in flood risk areas or are flood proofed and operable to and during the 500-year flood
minimum standard. Funding for accurate floodplain mapping information must be a high priority within
communities and within agencies at the state and federal level. Within this context, the nation must have
information that reflects future conditions, which must provide enough information to effectively expose
and finally eliminate the myth that flood risk does not exist beyond the 100-year floodplain.
ASFPM Paper- Critical Facilities Page 9 of 12 Approved by the ASFPMBoard 11-10-10
Action item: FEMA's floodplain mapping program of the NFIP is the nationally recognized
source for floodplain information. If sufficient funding is not available for this task, flood
insurance rates within the NFIP should be increased to provide adequate funding, or Congress
must increase funding for floodplain mapping, recognizing the key role this information plays in
community resilience and security.
Action item: Ultimately, it is the responsibility of every community to ensure that they are
locating their critical facilities properly. Communities can develop floodplain information and
verify the accuracy of existing information through a number of sources, such as investigation of
historic flood information, review of basic topographic maps to determine elevations relative to
flood sources, and hydraulic studies to determine flood information. Floodplain management
organizations such as ASFPM and NASFMA should instill in membership what communities
can do themselves to ensure the best information and decision making.
Action item: Since the flood insurance rate map of the NFIP has become the national de facto
source for floodplain information, the mapped floodplains should also reflect future conditions.
This is a FEMA action item. FEMA can also require NFIP communities adopt freeboard in the
ordinances to require elevation of structures above the 100-year flood level by 1 or 2 feet.
Currently nearly half of NFIP communities require freeboard.
Action item: A national flood risk communication and education campaign must be initiated that
will address the public misperception that flood risk exits only in mapped 100 year floodplains.
The public and communities must understand that flood risk is a continuum from high to low,
with few areas having minimal flood risk. This is an action item that should be discussed and
developed by the Federal Interagency Floodplain Management Task Force and the
Intergovernmental Flood Risk Management Committee. This will require collaboration with
organizations representing the key state and local partners that work with the federal government
to reduce flood risk and protect lives and property from flooding through flood risk management
measures and protecting the natural resource and functions of floodplains.
Recommendation 6
All states should adopt or update their state executive order on floodplain management dealing with
critical facilities, if current State statutes or directives do not require critical facilities be either out of or
flood proofed, and operable to at least the 500-year flood level.
Action item: FEMA and the ASFPM and its Chapters should engage in dialogue with State
Mitigation staff and Floodplain Managers to facilitate appropriate implementation and provide
information on the need for such action to the governors of each state.
Recommendation 7
A shift in the understanding of who pays for "at-risk" development is needed in order to support good
community decision making. This is especially the case for critical facilities, to ensure that critical
facilities be located and built with flood risk in mind. It must become politically "safe" and acceptable to
support the implementation of 500-year (or higher) minimum standards for critical facilities, because
that supports community resilience; rather than oppose implementation of such standards based on local
short-term economic gain at the long-term expense of federal and state taxpayers.
ASFPM Paper - Critical Facilities Page 10 of 12 Approved by the ASFPMBoard 11-10-10
Action item: Fully implement the concepts of "No Adverse Impact" so those who are adversely
impacted by a development, including critical facilities, have a voice in community development
decisions. This same approach can be linked to community infrastructure and the need for that
infrastructure to be operable during disasters so the community is secure. This can be initiated
by such agencies and entities as FEMA, Corps of Engineers, other federal and State agencies,
and by ASFPM, NEMA and NASFMA.
Recommendation 8
Higher minimum standards should be considered for critical facilities. The current 500-year minimum
standard for critical facilities may be insufficient in the 21" Century, just as the 100-year minimum
standard is no longer sufficient for general flood risk management involving structural measures in
urban areas. This could mean moving to a higher standard, such as the 1,000-year standard or to a no
flood risk criteria for critical facilities. This may involve a variable standard depending on the type of
facility and changing local risk conditions, such as those outlined in ASCE 24.
Action item: Leading floodplain and flood risk management organizations, such as ASFPM,
NASFMA, Army Corps of Engineers, and FEMA, acting through the Federal Interagency
Floodplain Management Task force, should debate and determine the appropriate standard for
critical facilities.
ASFPM Paper - Critical Facilities Page 11 of 12 Approved by the ASFPMBoard 11-10-10
Resources
American Society of Civil Engineers, "Flood Resistant Design and Construction," ASCE 24-05. (2006).
American Society of Civil Engineers, "Minimum Design Loads for Buildings and Other Structures,"
ASCE 7-05. (2006).
L.S. Buss. "No Flood RiskA Concept Whose Time Has Come." (2010)
Executive Order No. 11988, "Floodplain Management," 42 Federal Register 26951 (May 24, 1977).
Federal Emergency Management Agency, "Design Considerations for Improving Critical Facility
Functionality during Flood Events," (October 2009).
Federal Emergency Management Agency, "Midwest Floods of 2008 in Iowa and Wisconsin," FEMA P-
765 (October 2009).
Federal Emergency Management Agency, "Risk Management Series, Design Guide for Improving
Hospital Safety in Earthquakes, Floods, and High Winds," FEMA 577 (June 2007).
Federal Emergency Management Agency, "Risk Management Series, Design Guide for Improving
Critical Facility Safety from Flooding and High Winds," FEMA 543 (January 2007).
Federal Emergency Management Agency, "Hurricane Katrina in the Gulf Coast:
Mitigation Assessment Team Report, Building Performance Observations, Recommendations, and
Technical Guidance," FEMA 549 (July 2006).
Water Resources Council, "Floodplain Management Guidelines for Implementing EO 11988," 43
Federal Register 29 (February 10, 1978).
ASFPM Paper - Critical Facilities Page 12 of 12 Approved by the ASFPMBoard 11-10-10
APPENDIX F
COLORADO WATER CONSERVATION BOARD (CWCB)
FLOOD REGULATIONS
DEPARTMENT OF NATURAL RESOURCES
COLORADO WATER CONSERVATION BOARD
RULES AND REGULATIONS FOR REGULATORY
FLOODPLAINS IN COLORADO
November 17, 2010
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RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO
COLORADO WATER CONSERVATION BOARD
DEPARTMENT OF NATURAL RESOURCES
TABLE OF CONTENTS
Rule Title Pages
1 Rules and Regulations for Regulatory Floodplains in Colorado 3
2 Authority 3
3 Purpose and Scope 3
4 Definitions 4
5 The State Regulatory Floodplain 11
6 Critical Facilities 12
7 Standards for Delineation of the Regulatory Floodplain Information 15
8 Standards for Regulatory Floodways 18
9 Criteria for Determining the Effects of Flood Control Structures on Regulatory 19
Floodplains
10 Criteria for Determining the Effects of Levees on Regulatory Floodplains 21
11 Floodplain Management Regulations 23
12 Effects of Flood Mitigation Measures and Stream Alteration Activities on 23
Regulatory Floodplains
13 Process for Designation and Approval of Regulatory Floodplains 25
14 Designation and Approval of Changes to Regulatory Floodplains 26
15 Variances 27
16 Enforcement of Floodplain Rules and Regulations 28
17 Incorporation by Reference 29
18 Severability 29
19 Recommended Activities for Regulatory Floodplains 29
20 Effective Date 31
Note: Statement of Basis and Purpose follows last page of Rules
2
RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO
Rule 1. Title: The formal title of the previous Rules and Regulations was "Rules and Regulations
for the Designation and Approval of Floodplains and of Storm or Floodwater Runoff
Channels in Colorado" as approved in 1988. The title for these Rules and Regulations was
revised in 2005 to "Rules and Regulations for Regulatory Floodplains in Colorado," and
amended here under the same title (referred to herein collectively as the "Rules" or
individually as "Rule"). These Rules supersede both the 2005 and the 1988 Rules.
Rule 2. Authority: These Rules are promulgated pursuant to the authority granted the Colorado
Water Conservation Board (Board or CWCB) in sections 24-4-103, 24-65.1-101(1)(c)(I),
24-65.1-202(2)(a)(I), 24-65.1-302(2)(a), 24-65.1-403(3), 30-28-111(1)-(2), 31-23-301(1)-
(3), 37-60-106(1), 37-60-106(1)(c)-(g), 0), (k), C.R.S. (2010).
Rule 3. Purpose and Scope:
A. Purpose. The purpose of these Rules is to provide uniform standards for regulatory
floodplains (or floodplains) in Colorado, to provide standards for activities that may impact
regulatory floodplains in Colorado, and to stipulate the process by which floodplains will be
designated and approved by the CWCB. Rules for Regulatory Floodplains are of statewide
concern to the State of Colorado and the Colorado Water Conservation Board in order to
prevent flooding and the negative impacts of floods, as well as to assure public health,
safety, welfare and property by limiting development in floodplains. These Rules will also
assist the CWCB and communities in Colorado to develop sound floodplain management
practices and implement the National Flood Insurance Program (NFIP). These Rules shall
apply throughout the State of Colorado, without regard to whether a community participates
in the National Flood Insurance Program. These Rules shall also apply to activities
conducted by state agencies and to Federal activities that are fully or partially financed by
state funds. These Rules also apply to projects or studies for which the Board has made a
loan or grant pursuant to sections 37-60-120(2) and 3 7-60-12 1 (1)(b)(VII), (IX)(C).
B. Scope
(1) Zoning. These Rules apply to all floodplain information developed for zoning and
for floodplain permitting purposes for waterways in the State of Colorado by, but
not limited to, individuals, corporations, local government agencies, regional
government agencies, state government agencies, Indian tribes, and federal
government agencies.
(2) Subdivisions. These Rules generally apply to the local approval of subdivision
drainage reports that provide 100-year floodplain information. Local governments
should ensure that site-specific floodplain delineations, intended for regulatory
purposes when they are prepared, for development activities are consistent with
floodplain information designated and approved by the Board.
(3) Dam Failure floodplain. These Rules do not apply to the identification of the area
potentially inundated by the catastrophic or sudden failure of any man-made
structure such as a dam, canal, irrigation ditch, pipeline, or other artificial channel.
3
Rule 4. Definitions: The following definitions are applicable to these Rules and Regulations for
Regulatory Floodplain in Colorado:
Term Definition
100-year Flood A flood having a recurrence interval that has a one-
percent chance of being equaled or exceeded during any
given year (1-percent-annual-chance-flood). The terms
"one-hundred-year flood" and "one percent chance flood"
are synonymous with the term "100-year flood." The
term does not imply that the flood will necessarily happen
once every one hundred years.
100-year Floodplain The area of land susceptible to being inundated as a result
of the occurrence of a one-hundred-year flood.
500-year Flood A flood having a recurrence interval that has a 0.2-percent
chance of being equaled or exceeded during any given
year (0.2-percent-chance-annual-flood). The term does
not imply that the flood will necessarily happen once
every five hundred years.
500-year Floodplain The area of land susceptible to being inundated as a result
of the occurrence of a five-hundred-year flood.
Addition Any activity that expands the enclosed footprint or
increases the horizontal square footage of an existing
structure.
Alluvial Fans A fan-shaped sediment deposit formed by a stream that
flows from a steep mountain valley or gorge onto a plain
or the junction of a tributary stream with the main stream.
Alluvial fans contain active stream channels and boulder
bars, and recently abandoned channels. Alluvial fans are
predominantly formed by alluvial deposits and are
modified by infrequent sheet flood, channel avulsions and
other stream processes.
Approximate Floodplain Floodplain information that significantly reduces
Information the level of detail for topographic mapping or hydraulic
calculations to arrive at floodplain delineations without a
comparison of water surface profiles with a topographic
map of compatible accuracy. The level of detail for
hydrology is consistent with that of detailed floodplain
information.
4
Base Flood Is synonymous with 100-year flood and is a flood having
a one percent chance of being equaled or exceeded in any
given year.
Base Flood Elevation (BFE) The elevation shown on a FEMA Flood Insurance Rate
Map for Zones AE, AH, Al-A30, AR, AR/A, AR/AE,
AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that
indicates the water surface elevation resulting from a
flood that has a one percent chance of equaling or
exceeding that level in any given year.
Basin The total land surface area from which precipitation is
conveyed or carried by a stream or system of streams
under the force of gravity and discharged through one or
more outlets.
Channel The physical confine of stream or waterway consisting of
a bed and stream banks, existing in a variety of
geometries.
Channelization The artificial creation, enlargement or realignment of a
stream channel.
Code of Federal Regulations (CFR) The codification of the general and permanent Rules
published in the Federal Register by the executive
departments and agencies of the Federal Government. It is
divided into 50 titles that represent broad areas subject to
Federal regulation.
Colorado Floodplain and The Manual prepared by the CWCB to aid local
Stormwater Criteria Manual officials and engineers in the proper regulation and design
of flood protected facilities. The Manual is advisory,
rather than regulatory, in purpose.
Community Any political subdivision in the state of Colorado that has
authority to adopt and enforce floodplain management
regulations through zoning, including, but not limited to,
cities, towns, unincorporated areas in the counties, Indian
tribes and drainage and flood control districts.
Conditional Letter of Map Revision (CLOMR) FEMA's comment on a proposed project, which
does not revise an effective floodplain map, that would,
upon construction, affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the
modification of the existing regulatory floodplain.
Critical Facility or Critical Facilities Means a structure or related infrastructure, but not the
land on which it is situated, as specified in Rule 6, that if
5
flooded may result in significant hazards to public health
and safety or interrupt essential services and operations
for the community at any time before, during and after a
flood. See Rule 6.
Debris Flow Movement of mud, water, and other materials downward
over sloping terrain. The flow typically consists of a
mixture of soil, rock, woody debris and water that flows
down steep terrain.
Designation and Approval Certification by formal action of the Board that technical
information developed through scientific study using
accepted engineering methods is suitable for local
governments making land use decisions under statutorily
authorized zoning powers.
Detailed Floodplain Information Floodplain information prepared utilizing topographic
base mapping, hydrologic analysis, and hydraulic
calculations to arrive at precise water surface profiles and
floodplain delineations suitable for making land use
decisions under statutorily authorized zoning powers.
Development Any man-made changes to improved or unimproved real
estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
DFIRM Database Database (usually spreadsheets containing data and
analyses that accompany DFIRMs). The FEMA Mapping
Specifications and Guidelines outline requirements for the
development and maintenance of DFIRM databases.
Digital Flood Insurance FEMA digital floodplain map. These digital
Rate Map (DFIRM) maps serve as "regulatory floodplain maps" for insurance
and floodplain management purposes.
Federal Register The official daily publication for Rules, proposed Rules,
and notices of Federal agencies and organizations, as well
as executive orders and other presidential documents.
FEMA Federal Emergency Management Agency.
FEMA Guidelines & Specifications Floodplain mapping specifications published by
for Flood Hazard Mapping Partners FEMA. The FEMA Guidelines and Specifications for
Flood Hazard Mapping Partners (2009) are incorporated
herein by reference and available for viewing at
www.fema.gov/fun/dl_cgs.shtm and for inspection at the
CWCB offices at 1313 Sherman Street, Room 721,
6
Denver CO 8020. The regulations may also be examined
at any state or federal publications depository library.
The FEMA Mapping Specifications and Guidelines
incorporated herein by reference are only those in
existence at the time of the promulgation of these Rules
and Regulations for Regulatory Floodplains in Colorado
and do not include later amendments to or editions of the
incorporated material.
"Flood" or "Flooding" A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of water from channels and reservoir
spillways;
2. The unusual and rapid accumulation or runoff of
surface waters from any source; or
3. Mudslides or mudflows that occur from excess
surface water that is combined with mud or other
debris that is sufficiently fluid so as to flow over the
surface of normally dry land areas (such as earth
carried by a current of water and deposited along the
path of the current.
Flood Contour A line shown on a map joining points of equal elevation
on the surface of floodwater that is perpendicular to the
direction of flow.
Flood Control Structure A physical structure designed and built expressly or
partially for the purpose of reducing, redirecting, or
guiding flood flows along a particular waterway.
Flood Insurance Rate Map (FIRM) A FIRM is the official map of a community on which
FEMA has delineated both the special hazard areas and
the risk premium zones applicable to the community.
Flood Mitigation Project A project within or adjacent to a flooding source that is
specifically intended to reduce or eliminate the negative
impacts caused by excessive floodwaters through
improvement of drainage, flood control, flood conveyance
or flood protection.
Floodplain The area of land that could be inundated as a result of a
flood, including the area of land over which floodwater
would flow from the spillway of a reservoir.
Floodplain Management The operation of an overall program of corrective and
preventive measures for reducing flood damage,
including, but not limited to, zoning or land-use
7
regulations, flood control works, and emergency
preparedness plans.
Floodplain Management Regulations Zoning ordinances, subdivision regulations, building
codes, health regulations, land-use permits, special
purpose ordinances (floodplain ordinance, grading
ordinance, or erosion control ordinance) and other
applications of regulatory powers. The term describes
state/local regulations that provide standards for flood
damage preservation and reduction.
Floodplain Maps Maps that show in a plan view the horizontal boundary of
floods of various magnitudes or frequencies. Such maps
include, but are not limited to, Flood Hazard Boundary
Maps (FHBM), Flood Insurance Rate Maps (FIRM), and
Digital Flood Insurance Rate Maps (DFIRM) published
by FEMA, Flood Prone Area Maps published by the U.S.
Geological Survey (USGS), Flooded Area Maps
published by the U. S. Army Corps of Engineers (COE),
Floodplain Information Reports published by the CWCB
or others, Flood Hazard Area Delineations (FHAD)
published by the Urban Drainage and Flood Control
District (UDFCD), and other locally adopted floodplain
studies and master plans.
Floodplain Studies A formal presentation of the study process, results, and
technical support information developed for floodplain
maps.
Floodway The channel of a river or other watercourse and the
adjacent land areas that must be kept free of obstructions
in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a
designated height.
Foreseeable Development The potential future development of, or changes in, the
land uses that are likely to take place during the period of
time covered by a community's adopted master land use
plan or comprehensive community plan, or if no time
period is specified, over a 20-year period. If there is no
adopted community plan, then potential development
patterns based on zoning, annexations, and other relevant
factors should be evaluated.
Freeboard The vertical distance in feet above a predicted water
surface elevation intended to provide a margin of safety to
compensate for unknown factors that could contribute to
flood heights greater than the height calculated for a
8
selected size flood such as debris blockage of bridge
openings and the increased runoff due to urbanization of
the watershed.
Geographic Information Computer software that utilizes databases and
Systems (G.I.S.) terrain mapping to store and display spacial and tabular
data, such as floodplains, as layers (e.g. political
boundaries, roadways, structures, topographic
information) for natural resource management and other
uses.
Hydraulic analysis The determination of flood elevations and velocities for
various probabilities based on a scientific analysis of the
movement and behavior of floodwaters in channels and
overbank areas.
Hydrologic Analysis The computation of the peak rate of flow, or discharge in
cubic feet per second, for various selected probabilities
for streams, channels, or watersheds based on a scientific
analysis of the physical process.
Letter of Map Revision (LOMR) An official revision to the currently effective FEMA map.
It is issued by FEMA and changes flood zones,
delineations, and elevations.
Letter of Map Revision Based on Fill
(LOMR-F) FEMA's modification of the Special Flood Hazard Area
(SFHA) shown on the Flood Insurance Rate Map (FIRM)
based on the placement of fill outside the existing
regulatory floodway.
Levee An artificial structure or land feature that has been
designed and is operated, wholly or in part, for the
purpose of containing, controlling, or diverting the flow
of water.
Low Impact Development (LID) Development design/construction strategy that maintains
the predevelopment hydrologic regime to the extent
possible. The goal of LID is to mimic the natural runoff
hydrograph as much as practicable in terms of magnitude,
frequency, duration, timing, and rate of change of stream
flows. LID focuses on small scale stormwater retention
and detention, reduced impervious areas, and increased
runoff periods.
Material Safety Data Sheet (MSDS) A form with data regarding the properties of a particular
substance. An important component of product
stewardship and workplace safety, it is intended to
9
provide workers and emergency personnel with
procedures for handling or working with that substance in
a safe manner, and includes information such as physical
data (melting point, boiling point, flash point, etc.),
toxicity, health effects, first aid, reactivity, storage,
disposal, protective equipment, and spill-handling
procedures.
Mitigation The process of preventing disasters or reducing related
hazards. Structural Mitigation, includes, but is not limited
to, flood proofing structures, diverting floodwaters,
detention ponds, floodwalls or levees. Nonstructural
Mitigation includes, but is not limited to, education,
planning, and design of flood prevention measures,
emergency preparedness plans, elevating relocating
structures, purchasing property for open space, or early
flood warning detection systems.
National Flood Insurance FEMA's program of flood insurance coverage
Program (NFIP) and floodplain management administered in conjunction
with the Robert T. Stafford Disaster Relief and
Emergency Assistance Act. The NFIP has applicable
Federal regulations promulgated in Title 44 of the Code
of Federal Regulations. The U.S. Congress established the
NFIP in 1968 with the passage of the National Flood
Insurance Act of 1968.
Post-Wildfire Hydrology Methodologies and calculations developed to account for
the increased stormwater runoff following forest fires.
Post-wildfire hydrology is typically evaluated every 3 to 5
years to assess the need for further revision based on
watershed recovery, forest re-growth, and other factors.
Provisionally Accredited Levee (PAL) A levee that FEMA has previously credited with
providing protection from a 1-percent-chance-annual-
flood on an effective FIRM or DFIRM, for which FEMA
is awaiting data and/or documentation that will show the
Levee's compliance with Levee certification requirements
of the NFIP regulations.
Regulatory Floodplain Floodplain Maps, Profiles, and related information for
flood hazard areas that have been designated and
approved by the CWCB. See Rule 5.
Residual Risk The threat to the areas behind levees that may still be at
risk for flooding. Although the probability of flooding
may be lower because a levee exists, the consequence to
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personal safety and property is much higher should a
levee overtop or fail.
Stream Alteration Activity Any manmade activity within a stream or floodplain that
alters the natural channel, geometry, or flow
characteristics of the stream.
Substantial Change Any improvement to, or rehabilitation due to damage of, a
structure for which the activity performed equals or
exceeds 50% of the pre-improvement or pre-damaged
value of the structure. The value of the structure shall be
determined by the local jurisdiction having land use
authority in the area of interest.
Threshold Planning Quantity (TPQ) A quantity designated for each chemical on the list of
extremely hazardous substances that triggers notification
by facilities to the State that such facilities are subject to
emergency planning requirements.
Topography Configuration (relief) of the land surface elevation; the
graphic delineation or portrayal of that configuration in
map form, as by lines of constant elevation called contour
lines.
Use Change Any change in the primary use of a facility.
Water Surface Profile A graph that shows the relationship between the vertical
elevation of the top of the floodwater and of the
streambed with the horizontal distance along the stream
channel.
Rule 5. Regulatory Floodplain: The Regulatory Floodplain in Colorado is the 100-year
floodplain. However, the CWCB will Designate and Approve 500-year floodplain
information but only at the written request of a local authority having land use jurisdiction.
In addition, previously designated floodplain areas that have been removed from FEMA's
effective regulatory floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall
remain within the Regulatory Floodplain for all activities affected by Rule 11(c). All
Designated and Approved Regulatory Floodplain information can be used by local
authorities having land use jurisdiction for the purpose of local regulation. The General
Assembly has deemed the designation of floodplains a matter of statewide importance and
interest and gave the CWCB the responsibility for the designation of Regulatory
Floodplains and to assure protection of public health, safety, welfare and property by
protecting development in the Regulatory Floodplains. 24-65.1-101, 24-65.1-
202(2)(a)(I), 24-65.1-302(1)(b), (2)(a), 24-65.1-403(3), 24-65.1-404(3).
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Rule 6. Critical Facilities:
A. Classification: Critical Facilities are classified under the following categories: (1) Essential
Services; (2) Hazardous Materials; (3) At-risk Populations; and (4) Vital to Restoring Normal
Services.
(1) Essential services facilities include public safety, emergency response, emergency
medical, designated emergency shelters, communications, public utility plant facilities,
and transportation lifelines.
These facilities consist of:
a. Public safety (police stations, fire and rescue stations, emergency vehicle and
equipment storage, and, emergency operation centers);
b. Emergency medical (hospitals, ambulance service centers, urgent care centers
having emergency treatment functions, and non-ambulatory surgical structures but
excluding clinics, doctors offices, and non-urgent care medical structures that do
not provide these functions);
c. Designated emergency shelters;
d. Communications (main hubs for telephone, broadcasting equipment for cable
systems, satellite dish systems, cellular systems, television, radio, and other
emergency warning systems, but excluding towers, poles, lines, cables, and
conduits);
e. Public utility plant facilities for° generation and distribution ( hubs, treatment
plants, substations and pitmping stations for water; power and gas, but not
including towers, poles, power lines, buried pipelines, transmission lines,
distribution lines, and service lines); and
f. Air Transportation lifelines (airports (municipal and larger), helicopter pads and
structures serving emergency functions, and associated infrastructure (aviation
control towers, air traffic control centers, and emergency equipment aircraft
hangars).
Specific exemptions to this category include wastewater treatment plants (WWTP),
Non-Potable water treatment and distribution systems, and hydroelectric power
generating plants and related appurtenances.. Owners of these facilities are encouraged
to meet the spirit of Rule 6(D) when practicable in order to protect their own
infrastructure and to avoid system failures during extreme flood events. Emergency
restoring plans following major flood events should be considered as a prudent addition
to operation and maintenance plans for those facilities.
Public utility plant facilities may be exempted if it is demonstrated to the satisfaction of
the local authority having jurisdiction that the facility is an element of a redundant
system for which service will not be interrupted during a flood. At a minimum, it shall
be demonstrated that redundant facilities are available (either owned by the same utility
or available through an intergovernmental agreement or other contract) and connected,
the alternative facilities are either located outside of the 100-year floodplain or are
compliant with this rule, and an operations plan is in effect that states how redundant
systems will provide service to the affected area in the event of a flood. Evidence of
ongoing redundancy shall be provided to the local authority on an as-needed basis upon
request by that local authority.
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(2) Hazardous materials facilities include facilities that produce or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials.
These facilities may include:
a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical
manufacturing);
b. Laboratories containing highly volatile, flammable, explosive, toxic and/or water-
reactive materials;
c. Refineries;
d. Hazardous waste storage and disposal sites; and
e. Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be Critical Facilities if they produce or store materials
in excess of threshold limits. If the owner of a facility is required by the Occupational
Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet
(MSDS) on file for any chemicals stored or used in the work place, AND the
chemical(s) is stored in quantities equal to or greater than the Threshold Planning
Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical
Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed
(whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also
known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other
chemical. This threshold is consistent with the requirements for reportable chemicals
established by the Colorado Department of Health and Environment. OSHA
requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental
Protection Agency (EPA) regulation "Designation, Reportable Quantities, and
Notification," 40 C.F.R. § 302 (2010), available at
http://www.access.gpo.gov/nara/cfr/waisidx_03/40efr302_03.html, and OSHA
regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010),
available at http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfrl910_99.html., are
incorporated herein by reference and include the regulations in existence at the time
of the promulgation of these Rules, but exclude later amendments to or editions of
the regulations.
Specific exemptions to this category include: a) Finished consumer products within
retail centers and households containing hazardous materials intended for household
use, and agricultural products intended for agricultural use. b) Buildings and other
structures containing hazardous materials for which it can be demonstrated to the
satisfaction of the local authority having jurisdiction by hazard assessment and
certification by a qualified professional (as detenmined by the local jurisdiction having
land use authority) that a release of the subject hazardous material does not pose a
major threat to the public. c) Pharmaceutical sales, use, storage, and distribution centers
that do not manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also function as
Critical Facilities under another category outlined in this Rule 6(A).
(3) At-risk population facilities include medical care, congregate care, and schools.
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These facilities consist of:
a. Elder care ( nursing homes);
b. Congregate care serving 12 or more individuals (day care and assisted living);
c. Public and private schools (pre-schools, K-12 schools), before-school and after-
school care serving 12 or more children);
(4) Facilities vital to restoring normal services including government operations.
These facilities consist of:
a. Essential government operations (public records, courts, jails, building permitting
and inspection services, community administration and management, maintenance
and equipment centers);
b. Essential structures for public colleges and universities (dormitories, offices, and
classrooms only);
These facilities may be exempted if it is demonstrated to the satisfaction of the local
authority having jurisdiction that the facility is an element of a redundant system for
which service will not be interrupted during a flood. At a minimum, it shall be
demonstrated that redundant facilities are available (either owned by the same entity or
available through an intergovernmental agreement or other contract), the alternative
facilities are either located outside of the 100-year floodplain or are compliant with this
rule, and an operations plan is in effect that states how redundant facilities will provide
service to the affected area in the event of a flood. Evidence of ongoing redundancy
shall be provided to the local authority on an as-needed basis upon request by that local
authority.
B. Identification of Critical Facilities. It is the responsibility of the local jurisdiction having
land use authority to identify and confirm that specific structures in their community meet
the criteria outlined in Rule 6(A) and are deemed to be Critical Facilities. All structures
that clearly meet the intent of Rule 6 shall be deemed Critical Facilities by that jurisdiction.
For those structures for which it is unclear or otherwise ambiguous if the criteria are met,
the local jurisdiction shall have the sole discretion to determine if the structure is a Critical
Facility. Local jurisdictions may adopt ordinances that regulate to higher standards or that
include additional facilities within the definition of Critical Facilities. Critical Facilities that
are also designated as historic structures (determinations by the State Historic Preservation
Office) are exempt from these requirements. Pursuant to section 24-65.1-202(2)(a)(I)(A),
C.R.S. (2010), open space activities such as agriculture, horticulture, floriculture,
recreation, and mineral extraction, including oil and gas activities, shall be encouraged in
the floodplain, and are exempt as Critical Facilities unless provisions within Rule 6(A)(2)
apply.
Required identification of Critical Facilities shall be limited to owner-occupied structures.
Local jurisdictions may, at their sole discretion, include leased facilities in their
identification of Critical Facilities.
C. 500-year Flood Events. The CWCB acknowledges that flooding does occur above and
beyond 100-year (1 % annual chance) events. Communities are encouraged to regulate
development of Critical Facilities within the 500-year floodplain, when available.
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D. Protection of Critical Facilities. All new and Substantially Changed Critical Facilities,
and new Additions to Critical Facilities, shall be regulated to a higher standard than those
structures not determined to be Critical Facilities. Local jurisdictions having land use
authority are encouraged to consult with the owner of the Critical Facility in determining
the value of the Critical Facility when a Substantial Change is being considered. This Rule
6 shall be applied to a Use Change if the new use meets the provisions within Rule 6(A).
Further, although Rule 6 shall apply to new Additions made at Critical Facilities, it shall
only apply to the new Additions, and not the Critical Facility to the extent the Critical
Facility existed prior to the amendment of these Rules. The higher standard for Critical
Facilities shall be as follows: For Critical Facilities located within the 100-Year
Floodplain, the structure shall be protected according to Rule 11(B) herein, with the
exception of a freeboard of two feet substituted for the standard one-foot freeboard. The
International Building Code (2006) and Flood Resistant Design and Construction (ASCE
24) (2005) can be used as reference tools for this standard, but are not incorporated by
reference herein.
For the purposes of this Rule 6(D), protection shall include one of the following:
a) Location outside the Regulatory Floodplain; or
b) Elevation or Flood-proofing of the structure so that it is protected to the level
indicated in this Rule 6(D).
Unimproved lands associated with a Critical Facility that lie within a regulatory floodplain
shall not be subject to this requirement, until future development takes place on those lands.
Likewise, if an undeveloped portion of a facility's property lies within a Regulatory
Floodplain, but the developed portion of that facility lies outside of the Regulatory
Floodplain, then that facility shall not be classified as a Critical Facility. All other rules and
regulations governing structures not deemed Critical Facilities remain in effect and
unchanged.
E. Ingress and Egress for New Critical Facilities shall, when practicable as determined by
the local jurisdiction having land use authority, have continuous non-inundated access
(ingress and egress for evacuation and emergency services) during a 100-year flood event.
This criterion is also recommended, but not required, for changes to existing Critical
Facilities and use changes involving existing structures whose classification changes to
Critical Facilities.
F. For all Critical Facilities, the Variance procedure outlined in Rule 15 herein remains
available and may be considered when deemed necessary and appropriate by the local
jurisdiction having land use authority over the Critical Facility.
Rule 7. Standards for Delineation of Regulatory Floodplain Information:
A. Intent of this Rule. This Rule contains standards for approximate and detailed floodplains.
All floodplain information intended to be used by local jurisdictions for the purpose
regulating flood hazard areas, with the exception of local stormwater drainage reports,
15
CLOMR, LOMR, and LOMR-F submittals, and supporting documentation submitted to
FEMA, shall be provided to the CWCB for designation and approval in order to enable
local governments to regulate floodplains appropriately. The standards in this rule
reference, and incorporate herein, the FEMA Guidelines and Specifications for Flood
Hazard Mapping Partners. Whenever such a reference is made, it includes the FEMA
Guidelines and Specifications for Flood Hazard Mapping Partners material in existence at
the time of the promulgation of these Rules, but excludes later amendments to or editions of
the material.
B. Level of Detail.
(1) Approximate Floodplain Information will be based on detailed hydrology
computed for 100-year floods. Hydraulic information shall be produced using
approximate, field, or limited techniques and best available topographic/survey
data.
(2) Detailed Floodplain Information will be based on detailed hydrologic and hydraulic
determinations for 100-year floods Flood profiles and floodplain delineations for
100-year flood and other frequencies, if any, shall be plotted, preferably using a
digital method. The CWCB shall designate and approve 100-year floodplain
information, and 500-year information but only at the request of a local authority
having land use jurisdiction.
C. Base Mapping. Base mapping for floodplain studies shall meet the minimum standards as
set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as
incorporated herein by reference.
D. Topography and Surveys. Topographic and field survey information for floodplain studies
shall meet the minimum standards as set forth in FEMA Guidelines and Specifications for
Flood Hazard Mapping Partners, as incorporated herein by reference.
E. Geographic Information Systems (GIS). GIS information for floodplain studies in
Colorado shall meet the minimum standards as set forth in FEMA Guidelines and
Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference.
F. Hydrology. Hydrologic analyses for floodplain studies in Colorado shall be completed
using the information set forth in FEMA Guidelines and Specifications for Flood Hazard
Mapping Partners, as incorporated herein by reference. The Colorado Floodplain and
Criteria Manual may be used as a reference document to aid in this analysis. In addition,
hydrology studies must comply with the following:
(1) All floodplain studies, regardless of the level of detail, (e.g., approximate or
detailed) shall utilize detailed hydrologic information. The CWCB recognizes
existing and future watershed conditions for the purposes of computing flood
hydrology. The CWCB may evaluate future watershed conditions, in addition to
existing conditions when Foreseeable Development is expected.
(2) Any new study to evaluate hydrologic information and/or design storm criteria
shall be completed in such a way that it is scientifically defensible and technically
reproducible.
(3) All jurisdictions and communities affected by revised hydrologic data, due to their
geographic proximity to the affected stream reach within a particular watershed,
16
are encouraged to participate in the update process, and shall be given the
opportunity by the study sponsor to review and comment on the revised
information. Opponents to the revised information may present technically
accurate and sound scientific data to the CWCB that clearly demonstrates that the
information in question is inaccurate pursuant to Rule 12. The CWCB shall make
the final determination regarding disputes.
(4) Within any given watershed, or hydrologic subregion, consistency in hydrologic
data and runoff methodology shall be pursued to the extent possible through
cooperation of all affected jurisdictions and entities.
G. Detailed Hydraulic Method. Hydraulic analyses for floodplain studies in Colorado shall
be completed using protocols set forth in FEMA Guidelines and Specifications for Flood
Hazard Mapping Partners, as incorporated herein by reference.
H. Floodplain Delineations. Floodplain delineations shall be completed using protocols set
forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as
incorporated herein by reference, and shall, at a minimum, comply with the technical
quality assurance standards as follows:
(1) The flood elevations and the floodplain delineations on the maps must correlate
reasonably to the best available topographic information for the stream and
adjacent corridor and must meet an acceptable level of technical accuracy.
(2) The planimetric features on the floodplain maps (including, but not limited to,
streets and highways, stream centerlines, bridges and other critical hydraulic
features, corporate limits, section lines and corners, survey benchmarks) must be
consistent with the best available aerial photographs or other suitable information
for the stream and the adjacent corridor, as determined through prevailing industry
practices, and must meet an acceptable level of technical accuracy.
1. Special Floodplain Conditions. There are a number of special floodplain conditions, or
natural flood hazards, in Colorado that fall outside of the standard riverine environment.
Studies for the 100-year flood involving special conditions shall be completed using
protocols set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping
Partners, as incorporated herein by reference. The special conditions are:
(1) Alluvial Fan and Debris Flow floodplains located within foothill and mountainous
regions of Colorado shall be considered on a case-by-case basis.
(2) Post-wildfire hydrology shall be evaluated on a case-by-case basis in forested areas
immediately following moderate to intense wildfires resulting in approximately
15% or greater burn area of the affected watershed. Interim flood advisory maps,
based on burned watershed conditions, shall be produced at the request of the local
governing authority or by Board initiative. The interim floodplain maps shall show
increased runoff from hydrophobic soils and lack of vegetation. The post-wildfire
maps shall be evaluated every 3 to 5 years to assess the need for further revision
based on watershed recovery, forest re-growth, and other factors.
(3) Ice jam flooding shall be considered within stream reaches where this phenomenon
is known to occur. Ice jam flooding maybe analyzed utilizing methodologies
17
available through the U.S. Army Corps of Engineers Cold Regions Research and
Engineering Laboratory (CRREL), located in Hanover, New Hampshire.
J. Written reports and maps. The results of the hydrologic analyses, hydraulic analyses, and
floodplain delineations shall be summarized in a written report and submitted to the
CWCB. All Approximate and Detailed Floodplain Information that is presented to the
CWCB for designation and approval shall be properly titled, dated, organized, and bound as
a stand-alone document. In addition to the hard copy final report, the CWCB requires that a
digital copy of the final report be submitted in MS Word and PDF formats. All pertinent
technical backup data such as GIS files, and hydrologic and hydraulic models shall also be
provided to the CWCB in acceptable digital formats. The CWCB shall electronically
distribute to interested parties, to the extent possible, pertinent study information. Access to
original GIS information shall be provided to local governments and other authorized users
through a secure and protected website or other secure means.
(1) The Regulatory Floodplain maps shall show, at a minimum, the flood boundaries,
the location of all cross sections used in the hydraulic analysis, the reference line
drawn down the center of the floodplain or low flow channel, and a sufficient
number of flood contours in order to reconstruct the flood water surface profiles.
(2) New Physical Map Revisions requested by local jurisdictions or involving local
jurisdictions should include detailed 500-year floodplain information when
practicable.
(3) Flood contours, or Base Flood Elevations, shall be shown as wavy lines drawn
perpendicular to the direction of flow of floodwater and shall extend completely
across the area of the mapped Regulatory Floodplain. Each flood contour shall
indicate its elevation to the nearest whole foot.
(4) The Regulatory Floodplain map scale shall be 1-inch equals 1000 feet or such map
scale showing greater detail. FEMA map panels may also be published at 1 inch
equals 500 feet, 1 inch equals 1,000 feet or 1 inch equals 2000 feet.
(5) Where discrepancies appear between Regulatory Floodplain maps and water
surface profiles, any regulatory water surface profile designated and approved by
the Board shall take precedence over any corresponding flooded area map for the
same stream reach or site location, unless a profile error is identified and
substantiated.
K. Contractor Qualifications
(1) Qualified engineers licensed in Colorado shall direct or supervise the floodplain
mapping studies and projects pertaining to the Regulatory Floodplain. All
floodplain maps, reports and project designs pertaining to the Regulatory
Floodplain, except those prepared by federal agencies, shall be certified and sealed
by the Colorado Registered Professional Engineer of record.
(2) Federal agencies or other recognized and qualified government authorities may
produce floodplain mapping work as a study proponent or on behalf of a study
proponent.
Rule 8. Standards for Regulatory Floodways:
18
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 1/2 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 1/i-foot rise criteria. Letters of Map Revision to existing floodway
delineations may continue to use the floodway criteria in place at the time of the existing
floodway delineation. Until such time that floodways are revised and designated,
communities may continue to regulate their mapped one-foot floodways. For reaches
where a transition must be shown to connect new studies to existing studies with different
floodway criteria, the transition length shall not exceed 2,000 feet.
B. Designation of floodways. Designation and approval of Floodplain information shall also
include the designation and approval of corresponding Floodway Information. For
waterways with Base Flood Elevations for which Floodways are not computed, the
community shall apply a 1/2 foot floodway regulation according to its own determination, as
outlined in FEMA Regulation 44 C.F.R. § 60.3(c)(10) (20 1 0),incorporated herein by
reference, for a 1-foot floodway. This reference is available at
http://ivww.access.gpo.gov/nara/cfrhvaisidx_02/44cfr6O_O2.html,. and is hereby
incorporated by reference into this Rule and includes the material in existence at the time of
the promulgation of these Rules, but does not include later amendments to or editions of
this incorporated material
C. Incorporation of FEMA's Floodway Regulations. All regulations defined in the FEMA
regulations "Criteria for Land Management and Use," 44 C.F.R. § 60.3(c)(10), (d) (2010)
available at http://www.access.gpo.gov/nara/cfr/waisidx_02/44cfr60_02.html,_ are hereby
incorporated by reference into this Rule and includes the material in existence at the time of
the promulgation of these Rules, but does not include later amendments to or editions of
this incorporated material. All communities participating in the National Flood Insurance
Program that have Base Flood Elevations defined for one or more of the waterways within
their jurisdictions shall adopt and enforce these floodway regulations. Failure to enforce
floodway regulations may impact the community's standing in the National Flood
Insurance Program and may eliminate or reduce eligibility for federal or state financial
assistance for flood mitigation and disaster purposes.
D. Communities in Which This Rule Applies. Communities with Regulatory Floodplains
that have been Designated and Approved by the CWCB with Base Flood Elevations
defined for one or more of the waterways within their jurisdictions shall be required to
establish technical (quantified) surcharge criteria for floodway determination and
regulation, which must meet or exceed the requirements set forth in this Rule. This Rule
shall not apply in communities without Base Flood Elevations established, unless otherwise
adopted by the community. This Rule shall not apply to approximate stream reaches for
which Base Flood Elevations have not been defined.
Rule 9. Criteria for Determining the Effects of Flood Control Structures on Regulatory
Floodplains:
19
A. For the purposes of this Rule, local and regional hydraulic structures providing local or
regional flood or stormwater detention, shall be considered to be "Flood Control
Structures." There are no separate criteria for these structures.
B. Flood Control Structures. If a publicly operated and maintained structure is specifically
designed and operated either in whole or in part for flood control purposes, then its effects
shall be taken into consideration when delineating the floodplain below such structure. The
effects of the structure shall be based upon the 100-Year Flood with full credit given to the
diminution of peak flood discharges, which would result from normal Flood Control
Structure operating procedures.
The hydrologic analysis pertaining to State Regulatory Floodplains shall consider the
effects of on-site detention for rooftops, parking lots, highways, road fills, railroad
embankments, diversion structures, refuse embankments (including, but not limited to, solid
waste disposal facilities), mill tailings, impoundments, siltation ponds, livestock water
tanks, erosion control structures, or other structures, only if they have been designed and
constructed with the purpose of impounding water for flood detention and are publicly
operated and maintained. For the purposes of this Rule, Public operation and maintenance
may include direct responsibility or ultimate responsibility through written agreement.
Detention structures that are privately operated or maintained shall not be included in the
hydrologic analysis unless it can be shown that they exacerbate downstream peak
discharges.
C. Non-Flood Control Structures. If a structure is not specifically designed and operated,
either in whole or in part, for flood control purposes, then its effects, even if it provides
inadvertent flood routing capabilities that reduce the 100-Year Flood downstream, shall not
be taken into account, and the delineation of the Floodplain below such structure shall be
based upon the 100-Year Flood that could occur absent the structure's influence.
However, if adequate assurances have been obtained to preserve the flood routing
capabilities of such structure, then the delineation of the Floodplain below the structure
may, but need not, be based on the assumption that the reservoir formed by the structure
will be filled to the elevation of the structure's emergency spillway and the 100-Year
hydrology can be routed through the reservoir to account for any flood attenuation effects.
D. Adequate Assurances. For the purposes of this Rule 9 "adequate assurances" shall, at a
minimum, include appropriate recognition in the community's adopted master plan of. (1)
the flood routing capability of the reservoir, as shown by comparison of the 100-Year
Floodplain in plan and profile with and without the structure in place, in order that the
public may be made aware of the potential change in level of Flood protection in the event
that the reservoir flood routing capability is lost; (2) the need to preserve that flood routing
capability by whatever means available in the event that the reservoir owners attempt to
make changes that would decrease the flood routing capability; and (3) a complete
operations and maintenance plan.
E. Irrigation Facilities. The CWCB recommends that irrigation facilities (including, but not
limited to, ditches and canals) not be used as stormwater or flood conveyance facilities,
unless specifically approved and designated by local governing jurisdictions and approved
by the irrigation facility owners. The flood conveyance capacity of irrigation facilities shall
20
be acknowledged only by agreement between the facility owners and local governing
jurisdictions, with review and concurrence from the Colorado Division of Water Resources
to ensure that water rights administration needs are properly considered. A maintenance
easement or agreement shall be in place allowing the local government maintenance access
if needed.
Unless specified otherwise by aforementioned written agreement, flood hydrology for State
Regulatory Floodplain mapping purposes shall consist of peak hydrologic flows that are
identical immediately downstream and immediately upstream of a ditch or canal that is
generally perpendicular to the stream or drainageway of interest. The irrigation facility shall
be assumed as running full so that there are no computed flood reduction benefits
downstream of the irrigation facility. Backwater behind irrigation facilities shall be
mapped. The CWCB will designate and approve 100-Year Floodplain information for
irrigation facilities if the above recommendations are met. This Rule is not intended in any
way to interfere with Colorado water law.
Rule 10. Criteria for Determining Effects of Levees on Regulatory Floodplains:
General. The use of levees for property protection, flood control, and flood hazard
mitigation is not encouraged by the CWCB, unless other mitigation alternatives are not
viable. The areas landward of an accredited levee and Provisionally Accredited Levee
(PAL) system shall be mapped as Zone X (shaded). The Digital Flood Insurance Rate
Maps (DFIRMs) for these areas will include an informational note that advises users of the
flood risk in levee-impacted areas. In situations where levees are the only viable alternative
for protection of existing development, "setback" levees should be designed and
constructed to maintain the natural channel and reserve a portion of the natural floodplain
capacity. Levees should not be used for flood protection along streams or watercourses
where new development is planned. However, levees may be used to protect public utility
plant facilities for wastewater treatment and pumping as well as electric power plants due to
their close proximity to natural waterways. For existing levees that protect existing
development, proper maintenance should be performed by levee owners/operators, or non-
federal sponsors in the case of federal levees, according to an operations and maintenance
plan.
Levees should not be constructed for the primary purpose of removing undeveloped lands
from mapped floodplain areas for the purposes of developing those lands because of the
potential impairment of the health, safety, welfare and property of the people. Design and
construction of levees identified for this purpose will not be eligible for CWCB grants or
loans.
When constructed, levees for which protection will be considered for designation and
approval must meet the requirements set forth in "Mapping of Areas Protected by Levee
Systems,"44 C.F.R. § 65.10 (2010). Artificial embankments that either function as a Levee
or a Flood Control Structure must meet the provisions of this Rule or "Office of the State
Engineer Rules and Regulations for Dam Safety and Dam Construction," 2 C.C.R. § 402-1
(2010), respectively, in order to be considered as providing protection. 44 C.F.R. § 65.10
(2010), available at http://www.access.gpo.gov/nara/cfr/waisidx_02/44cfr65_02.html, and
2 C.C.R. § 402-1 (2010), available at http://water.state.co.us/pubs/rule_reg/ds_rules07.pdf,
21
are hereby incorporated by reference and include the incorporated material in each in
existence at the time of the promulgation of these Rules, but do not include later
amendments to or editions of either.
A. Maintenance. An Operating and Maintenance manual that ensures continuing proper
function of the structure shall be prepared and updated. The levee shall be structurally
sound and adequately maintained. Sedimentation effects shall be considered for all levee
projects. Certification from a federal agency, state agency, or a Colorado Registered
Professional Engineer that the levee meets the minimum freeboard criteria, as stated above,
and that it appears, on visual inspection, to be structurally sound and adequately maintained
shall be required on a three-year basis and provided to the CWCB. Levees that have
obvious structural defects or that are obviously lacking in proper maintenance shall not be
considered in the hydraulic analysis.
B. Ownership. Privately-operated or maintained levee systems will not be considered in the
hydraulic analysis performed pursuant to Rule 7 unless a local ordinance mandates
operation and maintenance of the levee system and the criteria set forth below are met.
Levees for which the community, State, or Federal government has responsibility for
operations and maintenance will be considered, provided that the criteria set forth below are
met. Privately-owned levee systems shall only be considered in the hydraulic analysis if a
fully executed agreement exists between the levee owner and a governmental entity
enabling unrestricted access to the governmental entity for the purposes of inspection and
maintenance and gives the governmental entity responsibility for maintenance. A copy of
the executed agreement shall be provided to the Board and the Board shall be notified in
writing of any changes made to this agreement.
C. Freeboard. A minimum levee freeboard of 3 feet shall be necessary, with an additional 1-
foot of freeboard within 100 feet of either side of hydraulic structures within the levee or
wherever the flow is constricted, such as at bridges. An additional 0.5-foot above this
minimum is also required at the upstream end of the levee.
D. Interior Drainage. In cases where levees are mapped as providing 100-year protection the
adequacy of interior drainage systems, on the landward side of the levee, shall be evaluated.
Areas subject to flooding from inadequate interior drainage behind levees will be mapped
using standard procedures.
E. Human Intervention and Operation. In general, evaluation of levees shall not consider
human intervention (e.g., capping of levees by sandbagging, earth fill, or flashboards) for
the purpose of increasing a levee's design level of protection during an imminent flood.
Human intervention shall only be considered for the operation of closure structures (e.g.,
gates or stop logs) in a levee system designed to provide at least 100-year flood protection,
including adequate freeboard as described above, provided that such human operation is
specifically included in an emergency response plan adopted by the community.
F. Analysis. For areas protected by a levee providing less than 100-year protection (e.g., 10-
year protection), flood elevations shall be computed as if the levee did not exist. For the
unprotected area between the levee and the source of flooding, the elevations to be shown
shall be obtained from either the flood profile that would exist at the time levee overtopping
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begins or the profile computed as if the levee did not exist, whichever is higher. This
procedure recognizes the increase in flood elevation in the unprotected area that is caused
by the levee itself. This procedure may result in flood elevations being shown as several
feet higher on one side of the levee than on the other. Both profiles shall be shown in the
final report and labeled as "before levee overtopping" and "after levee overtopping"
respectively.
Rule 11. Floodplain Management Regulations:
A. Compliance with Minimum Standards of the National Flood Insurance Program.
Each community in the State of Colorado shall comply with the minimum floodplain
criteria set forth in the FEMA regulation"Criteria for Land Management and Use,"44
C.F.R. 60.3-60.5 (2010), unless more restrictive standards have been adopted as set
forth in Rules 1 through 20 of these Rules and Regulations for Regulatory Floodplains in
Colorado or pursuant to regulations adopted by the local community. These Rules do not
apply to local stormwater or local storm drainage studies where riverine flooding sources
are not considered. 44 C.F.R. 60.3-60.5 (2010) available at
http://Nvww.access.gpo.gov/nara/cfr/waisidx-02/44cfr60 02.html, are hereby incorporated
by reference and include the material in existence at the time of the promulgation of these
Rules, but do not include later amendments to or editions of the material.
B. Minimum Freeboard. A minimum freeboard of one foot above the 100-year flood
elevation (Base Flood Elevation) shall apply to structures in the floodplain as follows:
(1) Residential Structures. New and Substantially Changed residential structures, and
Additions to existing residential structures shall be constructed with the lowest
floor, including basements, placed with a minimum of one foot of freeboard above
the Base Flood Elevation.
(2) Non-residential Structures. New and Substantially Changed non-residential
structures, and Additions to existing non-residential structures shall be constructed
with the lowest floor, including basements, placed with a minimum of one foot of
freeboard above the Base Flood Elevation, or be flood-proofed to an elevation at
least one foot above the Base Flood Elevation. Agricultural structures shall be
exempt from this requirement.
Critical Facilities shall be regulated according to Rule 6.D. This rule does not affect
the freeboard requirement for levees described in Rule 10.C.
C. Permit Restrictions for Properties Removed from the Floodplain by Fill. No
Community shall issue a permit for the construction of a new structure on a property
removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on
Fill (LOMR-F) with a floor elevation placed below the base flood elevation with one foot
of freeboard that existed prior to the placement of fill. Issuance of any such permit shall
constitute a violation of these Rules. Critical Facilities are exempted from this restriction if
the facility is protected according to Rule 6.1) herein.
Rule 12. Effects of Flood Mitigation Measures and Stream Alteration Activities on Regulatory
Floodplains:
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In order to assist the CWCB in carrying out its mission to protect the health, safety, welfare
and property of the public, through the prevention of floods in Colorado, the CWCB
requires the following:
A. Detention/flood control storage and LID should be considered, when practicable, as part of
a basinwide program for the watershed.
B. Flood control channels shall include a low-flow channel with a capacity to convey the
average annual flow rate, or other appropriate flow rate as determined through a
hydrogeomorphological analysis, without excessive erosion or channel migration, with an
adjacent overbank floodplain to convey the remainder of the 100-year flow. The channel
improvement shall not cause increased velocities or erosive forces upstream or downstream
of the improvement.
C. Channelization and flow diversion projects shall appropriately consider issues of sediment
transport, erosion, deposition, and channel migration and properly mitigate potential
problems through the project as well as upstream and downstream of any improvement
activity. A detailed geomorphological analysis should be considered, when appropriate, to
assist in determining the most appropriate design.
Project proponents for a mitigation activity must evaluate the residual 100-year floodplain.
Proponents are also encouraged to map the 500-year residual floodplain.
D. All public and private Flood Control Structures shall be maintained to ensure that they
retain their structural and hydraulic integrity. Annual inspections including, as appropriate,
field surveys of stream cross-sections, shall demonstrate to the appropriate regulatory
jurisdictions that the project features are in satisfactory structural condition, that adequate
flow capacity remains available for conveying flood flows, and that no encroachment by
vegetation, animals, geological processes such as erosion, deposition, or migration, or by
human activity, endanger the proper function of the project. If any significant problems, as
identified within annual inspection reports, , the facility or project owner shall notify the
CWCB within 60 days of the inspection. The inspections shall be conducted by the local
jurisdiction for all publicly owned or publicly maintained facilities, and shall be conducted
by the property owner or facility owner for all privately owned and maintained facilities.
E. Any stream alteration activity proposed by a project proponent must be evaluated for its
impact on the regulatory floodplain and be in compliance with all applicable federal, state
and local floodplain rules, regulations and ordinances.
F. Any stream alteration activity shall be designed and sealed by a Colorado Registered
Professional Engineer or Certified Professional Hydrologist.
G. All activities within the regulatory floodplain performed by federal agencies using local or
state funds, or by private, local or state entities shall meet all applicable federal, state and
local floodplain requirements.
H. Stream alteration activities shall not be constructed unless the project proponent
demonstrates through a floodway analysis and report, sealed by a Colorado Registered
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Professional Engineer, that there are no adverse floodway impacts resulting from the
project. This requirement only applies on stream reaches with Base Flood Elevations
established.
1. No adverse floodway impact means that there is a 0.00-foot rise in the proposed conditions
compared to existing conditions floodway.
J. Whenever a Stream Alteration activity is known or suspected to increase or decrease the
established Base Flood Elevation in excess of 0.3 vertical feet (or a more stringent standard
adopted by the local government authority), a Letter of Map Revision showing such
changes shall be obtained in order to accurately reflect the proposed changes on FEMA's
regulatory floodplain map for the stream reach. The local community is responsible for
ensuring that this process is pursued. This section herein does not require a Conditional
Letter of Map Revision (CLOMR) to be applied for, unless mandated by the local
government having land use authority.
Rule 13. Process for Designation and Approval of Regulatory Floodplains:
A. Designation and Approval Requirements. The Board will designate and approve
Regulatory Floodplains by the adoption of written resolutions based only upon such
floodplain information as the Board determines meets the standards set forth in Rule 7, as
applicable, with consideration of the effects of dams and levees being subject to the criteria
or Rules 9 and 10, respectively and any mitigation activity in Rule 12.
B. Base Flood. 100-year floodplain information shall generally be the basis for all designation
and approval actions by the Board for regulatory purposes in Colorado. However, the
CWCB will designate and approve 500-year floodplain information but only at the written
request of a local authority having land use jurisdiction.
C. Provisional Designation. The CWCB may designate and approve, on a provisional basis
and for a maximum period of time not to exceed two years, floodplain information that does
not meet the minimum requirements as set forth in Rule 7.
D. Process for Taking Designation and Approval Actions. The Board shall consider the
designation and approval of floodplain information either by request of a community or by
acting on its own initiative.
(1) Consideration at a Community's Request. The Board shall consider designation
and approval of floodplain information upon written request from the governing
body of any community having jurisdiction in the area where the floodplain
information is applicable. The letter of request shall identify the report title, date,
author or agency which prepared the report, stream name(s), upstream and
downstream limits of the stream reach(es) to be designated, stream length(s) in
miles, type of designation requested (detailed or approximate), and any other
relevant information. The Board shall receive such a request at least 30 days prior
to the Board meeting at which consideration of designation and approval is
requested.
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(2) Consideration at the Board's initiative. If designation and approval of a
floodplain would be in the best interest of the health, safety, welfare and property of
the citizens of the State of Colorado, then the Board may take action at its own
initiative to consider the designation and approval of floodplain information. In
such cases, the Board shall notify the affected communities in writing at the time of
study initiation or, in the case of a previously completed study, the Board shall
receive concurrence in writing from the affected community at least 45 days prior to
the Board meeting at which it will consider the designation and approval of
floodplain information within their jurisdiction.
(3) Notification of Adopted Resolutions. The CWCB shall send signed copies of each
adopted resolution of designation and approval to the applicable local legislative
bodies of each community having jurisdiction over land-use decisions in the study
area and to FEMA within 30 days of adoption.
Rule 14. Designation and Approval of Changes to Regulatory Floodplains:
When changes are made to the characteristics of a floodplain that result in a revision of a
community's Flood Insurance Rate Maps or Flood Hazard Boundary Maps (and a
subsequent designation of the new map), the Board will designate and approve changes to
the regulatory floodplain caused by development, new or better technical information, or
other sources. The CWCB will designate the changed floodplains by adopting written
resolutions based upon such floodplain information as the Board determines meets the
standards set forth in Rules 6-12. In the event that a community is aware of and has access
to better available information on a previously designated flooding source, then the CWCB
allows for that undesignated information to be used for regulatory purposes.
A. Conditions. All changes to designated floodplains shall meet the same conditions as those
required for original approval and designation.
B. Process for Designation and Approval of Changes to a Regulatory Fooodplain. The
Board may consider the designation and approval of floodplain information either by
request of a community or by acting on its own initiative.
(1) Consideration at a Community's Request. The Board shall consider designation
and approval of changes to a regulatory floodplain upon written request from the
governing body of any community having jurisdiction in the area where the
floodplain information is applicable. The Board staff shall receive such requests at
least 30 calendar days prior to the Board meeting at which consideration of
designation and approval is requested.
(2) Consideration at the Board's Initiative. If designation and approval of a
floodplain would be in the best interest of the health, safety, welfare and property of
the citizens of the State of Colorado, then the Board may take action at its own
initiative to consider the designation and approval of floodplain information. In
such cases, the Board shall notify the affected communities in writing at the time of
the study initiation or, in the case of a previously completed study, the Board shall
receive concurrence in writing from the affected community at least 45 days prior to
the Board meeting at which it will consider the designation and approval of
floodplain information within their jurisdiction.
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(3) Notification of Adopted Resolution. The CWCB shall send signed copies of each
adopted resolution of designation and approval of changes to a regulatory floodplain
to the applicable local legislative bodies of each community having jurisdiction over
land-use decisions within the limits of the changed floodplain within 30 calendar
days of designation and approval.
C. Identification of Designations of Changes to a Regulatory Floodplain. The designation
of the changes to the regulatory floodplain will be given a reference identification number
that will differentiate the changed designation from the original. It is implied that
designations to changes to a regulatory floodplain will only rescind the affected portions of
the previously designated floodplain information. All other unaffected reaches will remain
as originally designated.
D. Map Revisions to Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
Floodplain map revisions (e.g., FEMA Letters of Map Revision) will be designated twice
annually by the CWCB during a regularly scheduled Board meeting and will not be subject
to a full technical review by the CWCB staff.
Rule 15. Variances:
A. Consideration by local jurisdiction. Request for a variance to any of these Rules may be
considered by the local jurisdiction having land use authority , provided the entity or
individual requesting the variance has submitted a written request to the appropriate
authority. A notice of the Request must be provided to any adjacent communities that
would be affected by the variance.
B. Contents of a Request for Variance. The request for a variance shall identify:
(1) The Rule from which the variance is requested;
(2) The communities that would be affected by the variance;
(3) The reasons why the Rule cannot be complied with;
(4) The estimated difference in water surface elevations, flood velocities and flood
boundaries that would result if the requested variance were granted than if the
calculations were made through strict compliance with the Rule;
(5) The estimated number of people and structures that will be impacted by granting of
the variance; and
(6) Any other evidence submitted by the community, the CWCB staff, or other party of
interest.
C. Factors to be considered. Variances may be issued if it can be determined that:
(1) There is a good and sufficient cause; and
(2) The variance is the minimum necessary, considering the flood hazard, to afford
relief, and
(3) Failure to grant the variance would result in exceptional hardship to the community
or the requestor and that the hardship is not the community's or requestor's own
making; and
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(4) The granting of a variance will not result in increased vulnerability to flood losses,
additional threats to public safety and welfare, extraordinary public expense, create
nuisances, cause fraud or victimization of the public, hide information of significant
interest to the public or conflict with existing local laws or regulations.
(5) In lieu of items C(1) through C(4) above, a local jurisdiction having land use
authority may, at its sole discretion, use an established variance procedure.
D. Variance Process. Variance requests shall be processed as follows:
(1) Local jurisdictions having land use authority shall render, confirm, modify, or reject
all variance requests pertaining to these Rules.
(2) The Board may review local variance decisions on a case-by-case basis to ensure
that the overall intent and spirit of these Rules are properly considered at the local
level.
(3) Informal variance determination request may be presented to CWCB staff in order
to guide community officials or project applicants as to whether a formal variance
would be needed on a case by case basis.
Rule 16. Enforcement of Floodnlain Rules and Regulations:
A. Procedure to be followed regarding alleged violations
(1) Notice of Non-Compliance.
a. A Notice of Non-Compliance (NONC) may be prepared and transmitted by the
CWCB or its Director. Information regarding potential violations may be
discovered directly by CWCB staff or can be brought to the CWCB or its
Director by a Complainant, such as the Federal Emergency Management
Agency, other state agencies, the local government within whose boundaries the
alleged violation took place, or by any other person who may be directly and
adversely affected or aggrieved as a result of the alleged violation.
b. Oral complaints shall be confirmed in writing by the Complainant. Persons
making a complaint are required to submit a formal letter of complaint to the
CWCB Director.
c. NONC process.
i. An NONC issued by the CWCB shall be delivered to an alleged violator
by personal delivery or by certified mail (return receipt requested). A
copy of the NONC shall be transmitted to FEMA Region VIII and the
local jurisdiction having land use authority.
ii. The NONC does not constitute final agency action.
iii. The NONC shall identify the statute, Rule, regulation, or policy subject
to CWCB jurisdiction allegedly violated and the facts alleged to
constitute the violation. The NONC may propose appropriate corrective
action and suggested corrective action(s) if any, that the CWCB elects to
require.
(2) FEMA Region VIII shall support, through its National Flood Insurance Program
activities, these Rules. This support will include the existing ability for FEMA to place
sanctions upon a community for non-compliance.
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(3) Certain CWCB decisions to provide flood and watershed related grant funding to
communities may be directly dependent upon a community's compliance with these
Rules.
Rule 17. Incorporation by Reference: FEMA Regulations 44 C.F.R. 59, 60, 65, and 70 (2010),
available at http://www.access.gpo.gov/nara/cfr/waisidx_00/44cfrvl_00.html, EPA
Regulations 40 CFR § 302 (2010), available at
http://Nvww.access.gpo.gov/nara/cfr/waisidx_03/40cfr302_03.html, and OSHA Regulations
29 CFR § 1910 (2010), available at
http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfr1910_99.html, are incorporated herein
by reference. In addition, The Colorado "Office of the State Engineer Rules and
Regulations for Dam Safety and Dam Construction Materials," set forth in 2 C.C.R. § 402-1
(2010), available at http://water.state.co.us/pubs/rule_reg/ds_rules07.pdf, are incorporated
herein by reference. The FEMA Guidelines and Specifications for Flood Mapping Partners
(2009), available at www.fema.gov/flun/dl cgs.shtm, are also incorporated herein by
reference. These regulations are hereby incorporated by reference by the Colorado Water
Conservation Board and made a part of these Rules and Regulations for Regulatory
Floodplains in Colorado. Materials in these Rules, including, but not limited to those
mentioned here in Rule 17, which are incorporated by reference are those materials in
existence as of the effective date of these Rules and do not include later amendments to or
editions of these materials. The material incorporated by reference is available for public
inspection during regular business hours at the Colorado Water Conservation Board, 1313
Sherman Street, Room 721, Denver, CO 80203 or may be examined at any state or federal
publications depository library, or on the FEMA or CWCB website.
Rule 18. Severability: If any portion of these Rules is found to be invalid, the remaining portion of
the Rules shall remain in force and in effect.
Rule 19. Recommended Activities for Regulatory Floodplains: The following list contains
floodplain management activities and actions suggested by the CWCB to increase a
community's overall level of flood protection. Communities and other authorized
government entities may:
A. Adopt local standards above and beyond the FEMA and CWCB minimum requirements.
B. Develop a Flood Response Plan that identifies responsibilities/actions before, during and
after a flood event.
C. Enroll in FEMA's National Flood Insurance Program (NFIP) and possibly FEMA's
Community Rating System (CRS) Program.
D. Develop an early warning flood detection system (flood warning system) using available
technologies such as automated precipitation and stream flow gages linked to an
appropriate notification system.
E. Coordinate with lenders, insurance agents, real estate agents, and developers to prepare and
discuss educational tools based on state and federal requirements.
29
F. Promote wise floodplain development and support effective structural and non-structural
flood mitigation projects.
G. Conduct floodplain studies in areas of Foreseeable Development that do not currently have
detailed floodplain studies.
H. Maintain an electronic or paper library of local flood related data.
1. Develop a flood risk outreach program and notify flood prone residents annually of flood
hazards and the need for flood insurance.
J. Encourage elevation of flood-prone structures and flood-proofing of structures in the
floodplains.
K. Utilize available state/federal mitigation and preparedness funds.
L. Require certified floodplain managers to review proposed land developments.
M. Advise the public at large that flooding does occur above and beyond the 100-year and 500-
year floods. Floods greater than 500-year floods do occur, and loss of life and property is
possible in areas mapped outside of both the 100-year and 500-year floodplains. .
N. Utilize the concept of "No Adverse Impact" floodplain management where the action of
one property owner does not adversely impact the rights of other property owners, as
measured by increased flood peaks, flood stage, flood velocity, and erosion and
sedimentation. No Adverse Impact could be extended to entire watersheds as a means to
promote the use of retention/detention or other techniques to mitigate increased runoff from
urban areas.
0. Prohibit the construction of new levees that are intended to remove land from a regulatory
floodplain for the purpose of allowing new development activity to take place in areas that
are otherwise flood prone.
P. Require an appropriate level of freeboard at bridges between the 100-year water surface
elevation and the lowest elevation of the lowest structural member to allow for passage of
waterborne debris.
Q. Identify areas prone to flooding outside of the 500-year floodplain where loss of life or
substantial property damage may occur. Flooding greater than 500-year (0.2% chance)
events can and do occur as well, and loss of life and property is possible in areas mapped
outside of both the 100-year and 500-year regulatory floodplains. Communities are
encouraged to map and regulate 500-year floodplains for Critical Facilities at their sole
discretion.
R. Maintain a flood hazard page on the community website with links to the CWCB, FEMA
Flood Map Store, National Flood Insurance Program, National Weather Service, local
building codes, and local permitting information.
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S. The CWCB discourages Compensatory Flood Storage because existing flood storage
volume should be preserved. However, when necessary, structures and fill that displace
floodplain storage volume shall be compensated for by excavation of equivalent volumes at
equivalent elevations within a nearby vicinity of the displaced volume. The compensatory
storage area shall be hydraulically connected to the source of flooding.
T. Adopt Buffer Ordinances that limit development in and near natural protective features
such as riparian stream corridors and wetlands. Natural protective features may extend
beyond 100 year flood elevations. Extra protections for these areas are beneficial because
these areas attenuate runoff periods, improve water quality, stabilize streambanks, recharge
groundwater aquifers, allow for lateral stream migration, and protect aquatic and terrestrial
habitat. Riparian and wetland areas also enhance the general aesthetic value of a
community.
U. Buffer ordinances are often seen as part of land use or zoning code. They may also stand
alone in other portions of the municipal code. Options for widths include fixed width,
variable width, or multi-zoned buffers.
V. Establish Residual Risk Mapping. Residual Risk is the threat to the areas behind levees
that may still be at risk for flooding. FEMA has identified thousands of miles of levees
nationwide, affecting millions of people. It is important for levee owners, communities,
and homeowners to understand the risks associated with living in levee-impacted areas and
the steps that can be taken to provide full protection from flooding. Even the best flood
protection system or structure cannot completely eliminate the risk of every flood event,
and when levee systems fail, the results may be catastrophic and the damage may be more
significant than if the levee system had not been built.
Rule 20. Effective Date: These Rules shall apply to the designation and approval of all floodplain
information made by the Board and all other floodplain activities on or after January 14,
2011 and are, therefore, not retroactive to any floodplain information designated and
approved by the Board or other floodplain activities prior to the effective date. These Rules
contain provisions that will require many local ordinances to be updated to be consistent
with these rules. A transition period of three years beginning from the effective date of
these rules will be in effect during which all local governments may follow current local
ordinances but must undertake activities to come into compliance with these Rules.
Following this transition period, all floodplain activities shall be in conformance with these
Rules. In addition, communities may, at their sole discretion, allow un-built projects that
were previously permitted by the local government, prior to the adoption date of the local
ordinance for which these Rules are incorporated, to be built and therefore considered to be
in compliance with these Rules. Communities may also, at their sole discretion, permit and
allow projects for which a valid CLOMR was issued prior to the adoption date of the local
ordinance for which these Rules are incorporated.
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Floodplain Rules and Regulations
Statement of Basis and Purpose - November 17, 2010
Proposed Basis and Purpose for CWCB floodplain Rules and Regulations:
1. These Rules are promulgated to carry out the authority and responsibilities of the Colorado
Water Conservation Board ("the Board" or "CWCB") pursuant to sections 24-4-103, 24-65.1-
403(3), 24-65.1-101(l)(c)(I), 24-65.1-202(2)(a)(1), 24-65.1-302(2)(a), 30-28-111(l)-(2),31-
23-301(l) & (3), 37-60-106(1), 37-60-106(l)(c)-(g), 0), (k), C.R.S. (2010). The General
Assembly has deemed the designation of floodplains a matter of statewide importance and
interest and gave the CWCB the responsibility for the designation of regulatory floodplains
and to assure public health, safety, welfare and property by limiting development in regulatory
floodplains. 24-65.1-202(2)(a)(I), 24-65.1-302(1)(b)&(2)(a), 24-65.1-403(3), 24-65.1-101
and 24-65.1-404(3), C.R.S. (2010).
2. The Rules will help the CWCB carry out its statutory mission to devise and formulate methods,
means, and plans for the prevention of flood damages. § 37-60-106(1)(c).
3. The purpose of the Rules is to provide uniform standards for regulatory floodplains in
Colorado, to provide standards for activities that may impact regulatory floodplains in
Colorado, and to stipulate the process by which floodplains will be designated and approved by
the CWCB. These Rules will also assist the CWCB and Colorado communities in developing
sound floodplain management practices and in assisting with the implementation of the
National Flood Insurance Program.
4. Implementing a sound flood protection program is necessary to reduce flood damages because
flooding is the most devastating natural disaster in terms of both property damage and human
fatalities in Colorado.
5. The General Assembly gave the CWCB the authority to prevent flood damages and regulate
and designate floodwater runoff channels or basins. 37-60-106(1)(c), 37-60-106(1)(e), 37-
60-106(1)(f), 37-60-106(1)(g), 37-60-106(1)(h), 37-60-106(l)(k), 37-60-108. The CWCB, in
cooperation and coordination with local governments, ensures proper regulation of floodplains.
6. Floodplain administration is an area of state interest. 24-65.103(7) & 24-65.1-202(2)(a),
C.R.S. (2010). The General Assembly gave local authorities broad authority to plan for and
regulate land use within their jurisdictions, including regulation of development in hazardous
areas and regulating on the basis of impacts to the communities and surrounding areas. 29-
20-102(1) & 29-20-104(1)(a)&(g), C.R.S. (2010). County planning commissions may
establish, regulate and limit uses on or along any storm or floodwater runoff channel or basin
that has been designated and approved by the CWCB in order to lessen or avoid flood damage.
§ 30-28-111(1), C.R.S. (2010). The governing body of municipalities may establish, regulate
and limit uses on or along any storm or floodwater runoff channel or basin that has been
designated and approved by the CWCB in order to lessen or avoid flood damage. § 31-23-
301(1), C.R.S. (2010). Thus, all federal agencies using local or state funds, and all private,
local or state entities conducting activities on or along any storm or floodwater runoff channel
or basin shall abide by all state and federal regulations and applicable local regulations on or
along any storm or floodwater runoff channel or basin that has been designated and approved
by the CWCB. Such activities shall also be in conformance with FEMA Regulations 44 C.F.R.
§ § 59, 60, 65, and 70 (2009).
7. Domestic water and sewage systems, such as wastewater treatment facilities or water treatment
facilities, any systems of pipes, structures and facilities through which wastewater is collected
for treatment, are areas of state interest. § 24-65.1-104(5), C.R.S. (2010). Similarly, the site
selection and construction of major new domestic water and sewage treatment systems and
major extension of existing domestic water and sewage treatment systems are also areas of state
interest as determined by local governments. § 24-65.1-203(1)(a), C.R.S. (2010). Structures,
such as domestic water and sewage systems, in the floodplain shall be built and designed to
incorporate flood protection devices, consider proposed intensity of use and the structure's
effects on the acceleration of floodwaters and any potential significant hazards to public health
and safety or to property. § 24-65.1-202(2)(a)(I)(A), C.R.S. (2010). Shallow wells, solid
waste disposal sites, and septic tanks and sewage disposal systems shall be protected from
inundation by floodwaters. § 24-65.1-202(2)(a)(I)(A), C.R.S. (2010).
8. The Rules apply throughout the State of Colorado, without regard to whether a community
participates in the National Flood Insurance Program. The Rules also apply to activities
conductedby state agencies. 24-65.1-301(1), 24-65.1-403(3)(a), 24-65.1-404(3), 24-65.1-
501, 31-23-301 and 30-28-111(1), C.R.S. (2010).
9. The Rules incorporate new standards for critical facilities that, if flooded, may result in severe
consequences to public health and safety or interrupt essential services and operations for the
community at any time before, during, and after a flood. These Rules are proposed for
promulgation in recognition that such critical facilities must be protected to a higher standard
from flood damages. § 37-60-106(1)(c). Further, the General Assembly has required that
building of structures in the floodplain must be designed in terms of the availability of flood
protection devices, proposed intensity of use, effects on the acceleration of floodwaters,
potential significant hazards to public health and safety or to property, and other impact of such
development on downstream communities such as the creation of obstructions during floods.
§ 24-65.1-202(2)(a)(1)(A), C.R.S. (2009). Finally, floodplains shall be administered so as to
minimize significant hazards to public health and safety or to property. § 24-65.1-
202(2)(a)(I)(A).
10. The Rules provide for procedures for and conditions of proposed variances from the Rules if
such variance is for good and sufficient cause and will not increase flooding or threaten public
safety.
11. The Rules contain standards and specifications for approximate and detailed regulatory
floodplain determinations in Colorado. The 2005 Rules contained detailed standards within
Appendix A, Appendix B, and Appendix C. These Appendices have been omitted as
incorporation into the Rules, but are still available as a reference tool.
12. The Rules will provide the necessary steps for floodplain mapping partners to follow in order
to have county and community flood hazard information designated and approved by the
CWCB so that statutory requirements can be met.
13. The Rules will assist communities and other floodplain mapping partners with developing and
providing accurate regulatory floodplain information for use in wise floodplain management
activities. The Rules provide for a process whereby all affected communities have the
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opportunity to review, analyze, and object to the floodplain studies if not based on technically
accurate and sound scientific data.
14. The Rules provide for the CWCB's review of the results of the hydrologic analyses, hydraulic
analyses, and floodplain delineations in a published floodplain study report. The Rules provide
that a qualified Colorado registered professional engineer in good standing shall direct or
supervise the floodplain mapping studies and projects within the regulatory floodplain and that
such floodplain maps, reports and project designs within the regulatory floodplain shall be
certified and scaled by the Colorado registered professional engineer of record.
15. The Rules provide that designation and approval of floodways shall be considered, as requested
by the local governing entity, as part of the designation and approval of corresponding
regulatory floodplains. The Rules provide criteria for determining the effects of dams, levees,
stormwater detention, irrigation facilities, flood mitigation measures and stream alteration
activities on or in regulatory floodplains in order to quantify peak flood discharges and to
assess the effects of flooding conditions that would result.
16. The Rules set forth the process and procedures for the CWCB to designate and approve
regulatory floodplains. The 100-year flood shall be the basis for all designation and approvals
by the Board, for zoning and land use purposes, of regulatory floodplains in Colorado, unless
the 500-year flood is requested for designation in writing by the local jurisdiction.
17. The Rules provide the process and procedures for the CWCB to designate and approve changes
to regulatory floodplains resulting from development, watershed changes, new or better
technical information, or other factors, subject to the same criteria as required for an original
approval and designation.
18. The Rules will provide additional information and recommendations, above and beyond the
regulatory floodplain requirements, that can serve communities in need of technical, regulatory,
and administrative information in order to allow for safe and reasonable floodplain
development that will lead to better protection of Colorado citizens and their property.
19. The Rules will increase the quantity of statewide uniform credit for the Community Rating
System, a program within FEMA's National Flood Insurance Program that provides flood
insurance discounts for flood programs that exceed federal minimum standards. This will serve
to make flood insurance premiums more affordable statewide for the citizens of Colorado.
20. The Rules establish freeboard for all new and substantially changed structures statewide.
Freeboard tends to compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood and floodway conditions,
such as debris blocking bridge openings, inherent uncertainty in hydrologic and hydraulic
models, rainfall in excess of design events, legal encroachments into the floodplain, and the
hydrological effect of urbanization of the watershed. Freeboard results in substantially safer
construction and significantly lower flood insurance rates due to lower flood risk. This standard
will not apply to existing mapping, but rather, it will be in effect for future mapping and
studies. This new standard does not result in any new requirements.
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21. The Rules provide for a uniform statewide floodway criteria. Current minimum standards set
by the National Flood Insurance Program allow for encroachment into the floodplain that raises
base flood elevations by one foot. While legally permissible in most cases, this encroachment
results in increased risk to neighboring property owners without recourse that may result in
lower property values and increased liability for the permitting communities. Some local
communities in Colorado have already successfully adopted and implemented a 1/2 foot
surcharge, as proposed by these Rules. However, due to the non-uniform surcharge criteria
between neighboring communities, this higher local regulation is difficult to enforce near
community boundaries and is often unable to be reflected on countywide floodplain maps due
to the non-uniform regulations. While this regulation only applies to future activities, it has the
potential to provide benefits for both existing and future facilities by limiting higher flood
depths impacting these structures due to encroachment. This regulation has the net effect of
lowering flood elevations on nearby properties, thus increasing the safety and property value of
these positively impacted properties.
22. These Rules apply higher standards to regulations and processes that currently exist, including
requirements to: 1) follow all state and federal regulations, 2) obtain a local permit for
development in the floodplain (where applicable), 3) elevate or floodproof structures to a safe
elevation, and 4) get a local determination of when substantial changes occur. These Rules do
not change the current need to obtain a local permit for development in the floodplain and do
not alter how substantial change determinations are made by local governments. Identification
of a structure as a critical facility does not create a new regulatory nexus nor does it prevent its
occupation in the floodplain; rather it simply requires an additional foot of freeboard when
designed and constructed.
23. These Rules contain provisions that will require many local ordinances to be updated to be
consistent with these rules. A transition period of three years beginning from the effective date
of these rules will be in effect during which all local governments may follow current local
ordinances but must undertake activities to come into compliance with these Rules. Following
this transition period, all floodplain activities shall be in conformance with these Rules. In
addition, communities may, at their sole discretion, allow un-built projects that were previously
permitted by the local government, prior to the adoption date of the local ordinance for which
these Rules are incorporated, to be built and therefore considered to be in compliance with
these Rules. Communities may also, at their sole discretion, permit and allow projects for
which a valid CLOMR was issued prior to the adoption date of the local ordinance for which
these Rules are incorporated.
24. These Rules reduce expenditure of public money for costly flood control structures. In many
cases, proper application of these Rules may reduce, or in some cases, eliminate the need for
these costly public expenditures due to wiser use of floodplain areas and safer development
within them.
25. These Rules minimize the need for response and rescue efforts associated with flooding and
generally undertaken at the expense of the general public. While these Rules actually regulate
only structures and facilities in the regulatory floodplain, response and rescue efforts associated
with flooding affect all residents of a community in terms of cost and reduced availability of
these services during and following a flood to non-floodplain areas. Depending on the
circumstances for a particular flood event, the cost of these services can be enormous and, in
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worst cases, can impact the financial viability of a community.
26. These Rules minimize business interruptions. While there is a tangible cost of complying with
these Rules, it often pales in comparison to the lost business income, tax revenue, and
employment that are often experienced following flood events. There are many examples, both
from Colorado and around the nation, of a damaging flood impacting the financial stability of a
community or region for long periods. While disaster assistance may be available following
some events, it is often not sufficient to fully restore services, especially to individuals and
businesses. These Rules reduce the risk of flooding to future infrastructure and therefore lessen
the vulnerability of communities to losses and economic risk.
27. These Rules minimize expenses to taxpayers for costly disaster bailouts, relief efforts, and
recovery programs. Disaster assistance only benefits those directly affected by a flood disaster
but the costs are shared by entire communities, the state as a whole and, in some cases, the
entire nation. Application of these Rules places responsibility and costs on property owners
most likely to be directly affected by a flood event. These costs are often low compared to
costs experienced during flood events. These Rules reduce the risk of flooding to future
infrastructure and therefore lessen the vulnerability of communities and the State to costly and
avoidable post-flood activities.
28. These Rules are not to be applied retroactively. These Rules are in effect for fiiture
construction, substantial changes to existing construction, and new additions. Substantial
change determinations are already made by local governments, and the process for this decision
is not altered by these Rules.
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