BOARD01965

• Board Meeting Date: 3/22/2005
• Description: Flood Section - Presentation of the CWCB's Draft Rules and Regulations for Regulatory Floodplains in Colorado
• Board Meetings - Doc Type: Memo

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Page 24

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Rule 11. Variances

A. Consideration bv the Board. Requests for a variance to
any of these rules may be considered by the Board provided
the entity requesting the variance has submitted a written
request to the Director of the Board an~ notice of the
request is given to the community, if different from the
entity requesting the variance, that would be affected by
the variance, if granted.

B. Contents of a Reouest 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 or should not be complied
with,

4. the estimated difference in water surface elevations, flood
velocities and flood boundaries that will result if the
requested variance is granted than if the calculations are
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 Colorado
Water Conservation Board.staff, or other party at interest.

C. Factors to be Considered. Variances may be issued by the
Board if it can be determined that:

1. there is good and sufficient cause, and

2. the variance is the minimum necessary, considering the
flood hazard, to afford relief,and

3. failure to gra.nt the variance would result in exceptional
hardship to the community and that the hardship is not in
the community's own making, and

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2 CCR 408-1 THE CODE OF COLORADO REGULATIONS V"'~