BOARD00391

• Board Meeting Date: 5/23/2005
• Description: Flood Section - Floodplain Rules and Regulations Opportunity for Board and Public Comment
• Board Meetings - Doc Type: Memo

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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 new title for these 2005 rules and regulations is
"Colorado Regulatory Floodplain Designation and Approval Rules". They may be referred
to herein collectively as the "Rules" or individually as "Rule",
Rule 2. Authority: These rules are promulgated pursuant to the authority granted the Colorado
Water Conservation Boar-d, hereafter referred to as "the Board", in sections 37-60-
106(1)(c), 37-60-l06(1)(k), 37-60-108, 30-28-111(1) and (2), 21-23-301(1) and (3), and 24-
65.1-403 (3) and 24-4-103, C.R.S, (2004).

Rule 3. Purpose and Scope:

A. Purpose. The purpose of these 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 Colorado Water Conservation Board. Rules for 100-year floodplains are
of statewide concern to the State of Colorado and the Colorado Water Conservation Board.
These rules will also assist the CWCB and communities in Colorado to develop sound
floodplain management practices and to assist with the implementation of the National Flood
Insurance Program (NFIP).

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B. Scope.
a. Zoning. These rules apply to all floodplain information developed for zoning and
for floodplain permitting purposes for streams 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.
b. Subdivisions. These rules generally apply to the approval of subdivision drainage
reports that provide 100-year floodplain information, which is a responsibility of
local government and is covered in Rule 6. However, local governments are
encouraged to ensure that site-specific floodplain delineations prepared during
development activities are consistent with floodplain information designated and
al1Proved by the Board.
c. Design Criteria. These rules do not apply to the selection of optimal economic
criteria for the construction of roads, bridges, irrigation structures, or any other
facility in the floodplain. '
d. 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.

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