Larimer County Floodplain Regulation Summary and History Board of County Commissioners Worksession January 12, 2015 1)Floodway vs. Floodfringe and Inundation vs. Flash Flooding 2)Questions we have heard: 1)How have our regulations evolved over the years? 2)When did we first adopt the no-rebuild in the floodway for substantially damaged structures? 3)When did the definition of substantial damage change to include damage from events other than a flood? 4)Within our code, what are federal, state and local regulations? What can we change vs. what we cant 5)How are other jurisdictions regulating substantial damage? 6)What would rebuilding look like under minimum State/FEMA regulations? 3)Any other questions that we can try to answer at this time? -Lower Velocity -Slower Rise -Different Debris Load -Higher Velocity -Faster Rise -Heavier Debris Load July 1974 Larimer County joined the emergency National Flood Insurance Program and property owners became eligible to purchase flood insurance at subsidized rates. December 1, 1975 Larimer County adopted floodplain regulations as an amendment to the County Building Code. The Flood Review Board was created. July 31-August 1, 1976 Big Thompson Flood March 20, 1979 Floodplain Resolution with revisions adopted to conform with Federal Regulations March 3, 1987 Floodplain Amendment adopted defining the zoning map. March 18, 1996 Floodplain Resolution adopted, no apparent changes January 1, 2000 Floodplain regulations are incorporated into the Larimer County Land Use Code as overlay zones in Section September 2013 The 2013 Flood December 24, 2013 An update to Section is adopted including required standards to meet the CWCB minimum requirements that were adopted in 2011. When did we first adopt the no-rebuild regulation for substantially damaged structures in the Floodway? Answer: December 1, 1975 Section 4.0 Floodway District Uses permitted without special permits: 1)Agricultural uses 2)Recreational uses, excluding public and commercial campgrounds and travel-trailer parks. *Amended )Residential accessory uses No structures, fill, storage of materials or equipment shall be permitted. 4.3 Uses permitted by Special Permit: 1)Circuses, carnivals, and similar transient amusement enterprises. 2)Temporary roadside stands. 3)Limited stockpiling of sand and gravel. 4)Marinas, boat rentals, docks, piers, and wharves. 5)Railroads, streets, bridges, utility transmission lines and pipelines. 6)Public and commercial campgrounds and travel trailer parks. * Amended )Other uses similar in nature to those described above. 7.2 A non-conforming structure which is damaged or destroyed by any calamity, except flood, may be restored to its original condition if such restoration commences within one year from the date of the calamity. If any non-conforming structure is damaged to the extent of 50% of its actual value by flood, said non- conforming structure shall be restored only in compliance with this supplementary regulation and flood plain amendment to the Larimer County Building Code. If such flood damage is less than 50% of the structures actual value, such structure may be restored without compliance with this supplementary regulation nor the flood plain amendment to the building code provided said restoration commences within one year from the date of damage. 4.2.2.D.1 Principal Uses: 1)Agricultural uses, excluding buildings, if allowed by underlying zoning ( R ) 2)Recreational uses, excluding public and commercial campgrounds, if allowed by underlying zoning ( R ) 3)Residential accessory uses of less than 200 square feet, if allowed by underlying zoning ( R ) 4)Marinas, boat rentals, docks, piers, wharves if allowed by underlying zoning (FPSR) 5)Railroads, streets, bridges, utility transmission lines, and pipelines if allowed by underlying zoning (FPSR) 6)Sand and gravel extraction, if allowed by underlying zoning (FPSR) D.3.b.1 Structures must not be designed for human habitation. Allowed uses were moved to the Zoning Table 4.1. Uses were aligned with the underlying zoning uses. The only allowed uses in the floodway are: 1)Apiary 2)Commercial Poultry Farm 3)Equine Operation 4)Farm 5)Feedyard 6)Fur Farm 7)Sod Farm or nursery 8)Mining 9)Oil and Gas drilling and production 10)Country Club 11)Golf Course 12)Rafting Business 13) Riding Stable 14) Shooting Range 15) Commercial Aerial Sightseeing/Tour flights 16) Parking Lot/Garage 17) Treatment Plant 18) Water Storage Facility All uses must comply with the General Standards and also the FW Overlay Zone District requirements D.F.b.5 Structures must not be intended or used for human habitation. When did the definition of substantial damage change to include damage from events other than a flood? Answer: March 20, 1979 On November 4, 1977 the Federal Insurance Administration sent Larimer County Commissioners notice of changes required to comply with Federal Regulations. If the County had not adopted the new definition on this date, Larimer County would have been suspended from the Flood Insurance Program on April 2, 1979. FEMA Definition: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure just prior to when the damage occurred. Explanation in the NFIP Requirements Desk Reference for Local Officials. The damage can be from any cause flood, fire, earthquake, wind, rain, or other natural or human- induced hazard. Blue Regulations that exist at the Federal or State level Red Larimer County regulation, process or zoning. Fort Collins, City of Boulder and Estes Park all have similar restrictions within their current code. A substantially damaged structure could be rebuilt, but must be elevated at least 1 foot above the regulatory Base Flood Elevation. Has this happened in Larimer County? Answer: Yes, a variance was granted on August 16, 1977 by the Larimer County Flood Review Board that allowed a structure that was originally not substantially damaged to be rebuilt after it was inadvertently bulldozed. moved to approve a variance from Section 4.1 of the Flood Zoning Regulation and Section 3.2a of the Floodplain Building Code Amendment upon the condition that the house be constructed in accord with the design concept presented and that the structural plans bearing the seal of a professional engineer or architect be provided before a building permit is issued. It was 100% destroyed in the September 2013 Flood.