BOARD01914

• Board Meeting Date: 12/4/1974
• Description: Agenda or Table of Contents, Minutes, Resolution
• Board Meetings - Doc Type: Meeting

to all jurisdictions. But matters of present development. projected
uses and other matters within each community make it difficult to
write an ordinance which is applicable to everyone. We have considered
that at the local level they would make changes to suit their case.
However. if they make changes which are basically opposed to what is in
the guidelines. then we would advise the Land Use Commission. For
instance. the statute is specific that you cannot delineate as flood
hazard areas anything greater than that area which would be covered by I
an intermediate regional flood. or the so-called one hundred year flood.
That we think no local jurisdiction can do. There are certain other
things which we think they cannot do. We know they have some discretion
in things like penalties, procedure and perhaps even in the use of the
so-called fringe areas or low hazard areas. although we are not so sure
that that is not a substantive matter.

In any event. this has to be a living thing. We cannot simply adopt a
regulation today and say it is going to apply for all future time.
We must follow it through the future history of the state of Colorado
and recommend such changes from time.to time as actual experience
dictates. Actual experience will dictate that some changes be made.
This is intended to be a starting point only. Whatever this board
adopts will apply until it is changed. I am sure that the audience and
the board members realize that we reserve jurisdiction to make changes
in this as time and experience dictate.

I was informed by the Governor's office a few days ago that a task force
has been put together under the direction of Senator Bermingham which
is attempting to prepare a model form, not the substance, but the form
of these various regulations. So we may have to.make this conform to
that model form in the future.

In addition. the statutes are being recodified and the revised new
statutes will be issued very shortly. Any present statutory references
will be obsolete after the new statutes are issued, which is now
anticipated for January. They will be called the 1973 revised statutes.
An entirely new format is being employed in the revision of those
statutes. It will probably be sometime in February before the work of
the Governor's committee is finished. We will have the new statutes
probably in January. In February we wiil issue this proposed regulation
in final form. The purpose of this meeting today is to debate the
substantive issues of the proposal.

I might point out to the board that in these many letters there were
some very searching analyses made of this regulation. We were a little
disappointed that we didn't get greater input. but the people who did I
send us letters have done considerable research. This regulation will
affect thousands of acres of land within the state of Colorado. much
of which is in private ownership. It can be expected to be controver-
sial.

The main thrust of much of the comments was directed to what can be
done in a floodplain. There were some important changes that we made
as a result of the suggestions. The main difference of opinion was
what you do in the floodplain, and particularly in what we define as

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