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

RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO

Rule I. 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
"Rules and Regulations for Regulatory Floodplains in Colorado". They may be referred to
herein collectively as the "Rules" or individually as "Rule".
Rule 2. Authoritv: These rules are promulgated pursuant to the authority granted the Colorado
Water Conservation Board, hereafter referred to as "the Board" or "CWCB", in sections 37-
60-106(1)(c), 37-60-106(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 CWCB. Rules for IOO-year floodplains are of statewide concern to the
State of Colorado and the CWCB. 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).

B. Scope.
a. Zoning. These rules apply to all floodplain information developed for regulatory
purposes used in zoning and for floodplain development 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 identification and delineation of
I OO-year floodplain boundaries on subdivision plats and floodplain conditions
addressed in drainage reports and plans for lands affected by the 100-year regulatory
floodplain, which is a responsibility oflocal government. Local governments
should ensure that site-specific floodplain delineations prepared during development
activities are consistent with floodplain information designated and approved 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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