BOARD00029 ‎(2)‎

• Board Meeting Date: 9/19/2006
• Description: Flood Section - Designation and Approval of 100-Year Floodplain Information - FEMA Letters of Map Revision
• Board Meetings - Doc Type: Memo

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STATE OF COLORADC)

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

TO:
FROM:
DATE:
RE:

Colorado Water Conservation Board
Kevin Houck, Engineer - Flood Protection Program
September 5, 2006
Agenda Item 11- September 19,2006 CWeB Meeting
Designation and Approval of Letters of Map Revision

Russell George
Executive Director

Rod Kuharich
CWCB Director

Dan McAuliffe
Deputy Director

Introduction
At its September 2005 meeting in Durango, the Board held a hearing regarding the proposed update to the
"Rules and Regulations for Regulatory Floodplains in Colorado" (Rules). This update enhances the processt:s
outlined in the previous Rules, which were promulgated in 1988. The updated Rules were promulgated in
December 2005.

Historically, one of the primary purposes of the Rules have been to outline processes and requirements
regarding designation and approval of 100-year floodplain information throughout the state. The 1988 Rules
outlined a procedure to designate changes to regulatory floodplains. This procedure involved a formal new
designation for a stream reach and rescission ofa previous designation. However, the 1988 Rules were silent
involving treatment of Letters of Map Revision (LOMRs), a process by FEMA to incorporate new
information into a regulatory floodplain map without formally reprinting the stream reach. LOMR
applications that are submitted to FEMA undergo a rigorous technical review by FEMA and its national
contractor for completeness and accuracy. Legally speaking, Letters of Map Revision effectively become
incorporated into the regulatory floodplains, by letter, upon completion of this review process and public
notification.

In general,CWCB staff performs technical reviews of floodplain information to assure the Board that the
information is in compliance with the requirements of the CWCB's "Rules and regulations for Regulatory
Floodplains in Colorado". Furthermore, Sections 31-23-301 and 30-28-111, Colorado Revised Statutes, state
that legislative bodies of local jurisdictions may provide zoning regulations for land uses on or along any storm
or floodwater runoff channel or basin only after designation and approval by the CWCB. In addition, Section
37-60-106(1)(c), Colorado Revised Statutes, directs the CWCB to designate and approve storm or floodwater
runoff channels or basins and to make such designations available to legislative bodies of local jurisdictions.

Discussion
Because LOMRs become legally attached to the regulatory flood map that has been designated, and because
the old Rules were silent regarding the treatment of these documents, there has not been any historic action
for LOMRs, and they have been treated as appendages automatically incorporated to designated studies and
maps. However, during the development process of the updated Rules, it was determined that this procedure
should be formalized to prevent any legal confusion if the designation of the stream reach affected by the
LOMR were legally challenged. As such, a formal provision was established in the 2005 Rules specifically
dealing with the treatment of LOMRs.

Rule 13D of the updated Rules states:

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning