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H. B. 1041 Permit SystellTl (Section 24.65.1.101 et seq. eRS 1973, as amended) House Bill 1 041 (1974) provided for the designation and regulation by local governments of areas and activities of "8tate interest." The areas of statE interest addressed by the legislation included floodplains, H.B. 1041 gave local governments the authority 10 map, designate, and regulate floodplains"... so as to minimize si~lr ificant hazards to public health and safety or to pro' pert 'I... ." H.B. 1041 also gave the Colorado Land Use Commission the auttlOrity to formally request of a local govern. ment the idnntification and designa. tion of thes" llatters of state interest and the promulgation of guidelines for these matters if the local govorn. Development PoliciE~S Through a vHiety of development policies, a community can affect the use of floodplains. These policies do not have to I)" strictly regulatory. They may further community goals. Some can be a basis for or part of regulations which affect floodplains. They would b,~ part of a community's fiscal and land use master plans which would be related closely to land use and 3ther regulations. Open Spa<:e Setting asid" floodplain areas as open space is one way of greatly reducing potE'ntial flooding damages, Open space acquisition and manage. ment can be !Ipecifically aimed at floodplain areas or it can be aimed at a broader variety of lands. It involves limiting the laod uses to develop' ment that dOE'S not result in perma- nent or overnight residence by humans or in :::ommercial or indus- trial construc1ion and then assuring that those 004~n space uses are maintained in the future. ExamplEls 01' open space uses are parks, wildlife areas, green belt lands, or historic sites. Open space lands or open space easem'~nts can be acquired through negotiation, condemnation, tax delinquency. dedication, or tax incentives. rnents have not done SQ. The Com- mission was also given tl1e authority to seek judiCial review if the local ~lovernments fail to respond to requests to designate these matters and to adopt guidelines I'or tllem. These powers of the Commission ~lave essentially remained unex- ercised. Under H.B. 1041 a local govern- ment can require a special permit for any development within a floodplain. The applicant must obtain a special permit rather than meet loning or subdivision requirements. Although the regulatory standards for obtain' ing a 1041 special permit rnllst con. form to State standards and are the same as the standards for other types of regulations. permit pro' cedures are somewhat different than those procedures for other types of land use regulations. Acquisition of floodplain areas for open space can 13e part of parks policy, general open space policy, or land use policy. The latt,,, would include designating certain flood- plain areas as suitable only for open space uses on the community's zon- ing map, requiring dedication of por- tions or all of floodplain areas as part of the subdivision process, encour- aging or requirin,. Clustering of development outside floodplain areas I'hrough PUD or other regulations, Hncouraging relocation of existing floodplain uses as part of redevelop. ment. or some combination of the above. Open space can be the designated use of all or part of the dam failure flood zone. Having a dam failure Ilood zone map would allow the com. munity to develop a pr09ram of land acquisition in that zone which was in harmony with other open space !lOals, - -- -- Potential Benefits for Preserving Floodplailn Areas feor OpE'" Space Uses Moderation of flooding by providing buffer areas Water Quality maintenance Ground water recharge Air quality maintenance Provision of fishinq, wildliie, and plant habitat Protection of archaeological and historical sites Aqricultural preservation Recreation --. ---