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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RULE 14

VARIANCES

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TIris Rule provides the procedures to implement the statutory provisions for a variance, which is a requirement
for this type of administrative action by the Board. .

RULE 15 INCORPORATION BY REFERENCE

This Rule recognizes that certain standards and specifications are referenced or incorporated into a rule,
subsection, or Appendix. The Attorney General Office has provided the Board with the proper procedure to
incorporate such information.

RULE 16 SEVERABIT..ITY .

This Rule is standard language that must be included in a Rule to allow valid rules to remain intact while any
invalid rules are voided.

RULE 17

RECOMMENDED FLOODPLAIN MANAGEMENT ACTIVITIES FOR COLORADO

This Rule can also be referred to as a "May Rule." The Board recognizes that there are wise floodplain
management activities above and beyond those provided in the Floodplain Rules ~at extend beyond the .
authorities of the Board. This Rule encourages, but does not require, communities and floodplain occupants to
implement flood hazard reduction measures that exceed the requirements as set forth in the Floodplain Rules.

RULE 18

REVISION OF RULES

This Rule is standard language that must be included in a Rule.

RULE 19 EFFECTIVE DATE
This Rule is standard language that must be included in a Rule.

Future Actions
Following the March 2005 Board meeting and at such time that all Board member comments regarding the .
proposed Floodplain Rules are received by the staff, the Committee will convene to fmalize the Floodplain
Rules and Regulations in preparation for the formal rulemaking process. Staff will formally ask the AG's office
to begin the rulemaking process and will follow the legal advice and instructions provided by the AG
representative assigned to this project. .

Attachments
fucluded with the Board notebook, staff has attached a bound exhibit in support of this memorandum. The
exhibit includes:
1. Existing "Rules and Regulations for the Designation and Approval of Floodplains and of Storm or
Floodwater Runoff Channels in Colorado;" (with Board Memo)
2. Draft Revised Floodplain Rules; Draft Appendix A to the Floodplain Rules; Draft Appendix B to the
Floodplain Rules; and Draft Appendix C to the Floodplain Rules. (Notebook front pocket)

Conclusion
The 1988 Floodplain Rules established the technical procedures for delineating, designating, and
approving floodplains and "storm or floodwater runoff channels." The evolution of floodplain
rnanagement and common practices has led to a more precise defimtion of"lOO-year floodplain" now
incorporated into the proposed Floodplain Rules. The Floodplain Rules revisions are necessary to
reasonably depict 100~year floodplains and to provide updated and current standards for activities that
irnpact those floodplains.The revision of these Floodplain Rules will keep the original objective intact,
but will also expand methods and procedures to incorporate better floodplain management tools and
modernized guidelines for the floodplain community. Staff will discuss the rulemaking schedule with the
Board so that proper notice can be published. Additionally, since these proposed revisions are significant, staff .
solicits comments and questions that the Board may have.

Flood Protection. Water Project Planning and Finance. Stream and Llke Protection
Water Supply Protection. Conservation Planning

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