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8 Fort Comn~ Coloradoan August 1976 Flood'plain zoning: Are there places people can't live? By JEANETI'E CHAVEZ OftheCl>lonldoon Prior to the Big Thompson River flood, the mention of floodplain studies or roning in Larimer County evoked groans and often con- troversy over the pogstble con- fJ.scaUon of property rights. And although the controversy surely still exists to some extent, the July 31 disaster has given ImpetU8 to completing studies that had been on the back burner so that some wn1ng can be done. In fact. a temporary floodway district zone has been inlttated from F.stes Park east to the county line and wUl be in effect for the next six months. What specitic land uses may be allowed for var10us sections of the canyon in the future will be based on those intensified studJes which should be completed before the temporary zoning expires In Febnmry. The zoning setting those land uses undoubtedly wUl be more restrictive than in the past. Very little could be done then because most of the homes and busines..'>es in the canyon were built prior to the county's im. plementatlon of a zoning system. Now there Is the posslbWty of more legal restriction on what may be bullt there. but the situation facing the LarImer County Board of Commissioners In the months to come should not be likened to starting with a clean slate upon which only the most advanced and sound planning technJques may be applied. What may seem "best" for the canyon and Its residents may not jibe with reality, AMONG TIIE Issues facing the county ottlclals are: -What rebuilding or new building should be allov.'ed? -wm U.S. 34 be put back In the canyon in essentially the same way it was prior to the flood? (Gov, Richard Lamm has Indicated a temporary road should be com. pleted along that route by June I, 1977, but he wants the permanent road to go over Pole Hill.) -What land should be acquired for a park or other public use to preclude de....elopment of residences or busInesses In the area? ' -What land can be acqu1red? Some property owners do not want to sell their land i others are wUl1ng to almost give it away; others can't t1nd their land because the survey describes the property using the middle of the river as a reference point. The river has changed channels though. Until the floodplain studies are completed, many of these questions may remain unanswered. However, two factors are clear now. Ftrst, the decision on the road will be made within the next six months, and although the commissioners w1ll be able to recommend what route should be lollowed, the final decision rests squarely with the state. According to Rex Bums, the Larimer County plann1ng staff member who haS been working on the floodplain Ident1f1cation elfort in the past few years, all the other land use decisions pertaining to the canyon are dependent upon the decision on U.S. 34. Secondly, some landowners must be allowed to repair their homes. Bums said those homes that are less than half damaged may be repaired and building permits are being issued now for such work. Thus far, two permits have been Issued. Burns noted that tounty regulations requlre a permIt for any building work valued at more than $100. In the case of f100d-damaged homes, an Inspector will have to check the home to determine the extent of damage before the pennit maybelssued. WHEN THE temporary flood zone regulaUon for the disaster area was first considered, the term "moratorium" was used, implying that no bulldlng at all would be allowed In the area. for six months, but that 18 a m1snomer. The regulation, according to Bums, applies to those homes that were damaged more than 50 per cent or destroyed in the flood. It also applies to proposed new homes in the temporary f100dway dIstrict which the commissioners have defined as anything within the high water flood mark. Bums said he has had one inquiry concerning building a home on a previously undeveloped lot that Is within the temporary floodway zone. 'nw>se homes that cannot be repaired or rebuilt until the com. mtss:Ioners adopt a pennanent flood zone are legally termed "nOn' existent" uses since they don't exist now, even though they did prior to the flood, Bums said. The homes which may be repaired after ob- ta1nJng a bulldlng permit now will be considered "non-conforming uses" when the new zone is adopted. The permanent zoning wUl not neeessarl.ly prohibit rebulldlng on a site, but It may, depending upon ~hat the boundaries of the two areas within any zone are. Those two areas are known as "noodway" and "noodfrlnge," Bums noted that construction usually Is precluded in a f100dway district, but In other cases has been allowed in the flood fringe If the bu1ldlng is constructed so the first floor Is above the lOO-year flood level. If there Is anything below that level, it must be "flood-proofed." A loo.year flood Is one v.1th the disastrous effects expected to occur only once withln 100 years. . However, the loo.year level may not be the appropriate flood le\'el for the Big Thompson River. That Is one of the things the floodplain studies now being conducted may help determine. Bums said floodplain study techniques were developed In the east and sometimes are not ap.- propriate for the steep canyons of the Rocky Mountains. Ironically, the Federal Insurance AdminIstration (FIA) had con- tracted with Gingery and Associates of Englewood on June 22, 1976, to do a hydrological study of the river just south of U:lveland and west to the mouth of the canyon. Now that study will be extended through the canyon. In addition, Burns said another f1nn wW be hIred through the bid- ding process to do photogrammetrlc survey mapping of the river. Bums said a third firm, Wright. McLaughlIn Engineers of Denver, Is on a retainer through the governor's office to coordinate the hydrological and mapping stud1es. 'Tho6e two studies wW be com- bined Into a "flood management study." The governor has suggested Wright-McLaughlin do that also, Burns said. The study will focus on what land uses are delrlrable for various areas of the canyon. It must consider past land use patterns and ownership patterns as well, Bums noted. The recovery panel which Is to be named by the governor and the commissioners wUl oversee development of the flood management plan, Burns said. The estimated $110,000 cost of the studies Is to be borne by a multiplicity of federal and state grants. Bums said about 70 per cent of the funding will be provided by the FlA, with the remainder rom1ng from the Colorado Water Con- servation Board, LarImer County "~"'t...- Path of destruction This aerial photo shows the path of the Big Thompson Riyer during lhe flood July 31. The riyer tore great c~unks out of U.S. 34. lAP) (through a technical assistance grant from the Four Corners Regional Commission), and possibly the state highway department. The maps produced through that study will show both the traditional l00-year flood anticipated level and the flood of record level. The flood of record Is the most disastrous flood known, and in lhls case is the July 31 cataclysm. THE OOUNTY commissioners will have at least two alternatives to consider based upon those maps and the management study. Flrst, the entire permanent zone could be the flood of record with the floodway being the l(l().year flood level. Secondly, the l~year level could be the woe with the noodway being the mld.section of that. Burns said it is conceivable that the entire canyon could be designated a floodway. Also based upon the results.. of those stud1es, actuarial rates; 'for flood lnBurance for buildings within the flood plain will be estabUshed, according to Jerome Olson, re~ administrator of the F~. . Until those actuarillJ tablet are established, Olson said anyone in the county can buy fedetally. subsidized flOOd insurance whether they are In an Identlfled flood area or not. The rate 15 .$25 per $10,000 worth of coverage per year unW then, he said. Previously existing structures (which become non-conform1ng uses in zoning) are always eligible for subsIdI%ed Insurance, he added. Fe~era11y-subsld1zed . lnsurance has been available In the county since 1974. One property owner in the path of the Big Thompson flood carried the Insurance. For a premium of $43, he has receiveS6,OCKI for repalrlng damage to his house, Burns said. The insurance Is available through licensed property insurance agents or brokers. When the actuarial rates are established, anyone attempting to build in the floodplain will find the costs prohibitive unless the building 18 constnJcted to be above the 100- year floo~ level. It will be prohibitive in that banks will not be allowed to lend money for con- struction unless flood insurance can be obtained. IF CONSTRUCTION Isn't possible, what will property owners do with their land? What w1ll its value be? There are a number of alter- natives. It has been suggested that the county do something sUnllar to what Rapid City, S.D., did alter the flood there In 1972. The town bought much of the flood area. that had been devastated and turned It Into a park. The commissioners are con- sidering ho\r.' that may be ac- complished now. Commission Chairman John Michie said, "We are looking at any money possible for acqulrlng (the land) for recreation and open space." He Is concerned that land be bought to keep the economy 10 the area. bolstered rather than h.a v1ng the bottom of the market fallout. Commissioner William Lopez tends to agree, explaln1ng that i1 the county Is planning to acquire land, It should look at pre-flood land values. On the other hand, Gov. lamm has indicated that the state may buy some land at post.f100d prices. The "big question mark" Is whether there are enough funds avaUable for acquisition, said Cornmtssioner Warren Wolaver. If there is, a lol of land should be purchased, he suggested, adding, "I don't think anyone can dLsagree with that." m.rr WHAT AB011I' the existing buUdings and the persons who want to continue to llve there even if they are in the path of another flood? Lopez believes there are places the county should acquire for the future safety of the public and for future flood control. If a person wants to stay, "we have to try to make them aware of the negaUve aspects," and "to show them how it impinges on his neighbors." Nevertheless, he recognizes that If the ttome or business still is In existence, the county may be "stuck." Bums, asked how he felt having worked on floodplain regulaUons, zoning and flood studies for the past few years to see the flood actually happen and verify what seemed to be "cry.wolf" wam1ngs, replied: "It mal(es me kInd of sad. I can understand how people feel (that) Its a freak event...At the same time, the public has to pay for these things. The principle that government steps In doing things for us Is not traditional" In America but It Is becoming so, he said. And in the case of floodpla1n8, "pl8.Mers have the right Ideas," he explained-there are placts people shouIdn'tUve. Regulations enforced for temporary zoning Although the boundaries of the floodway and flood fringe districts sUII must be established, the general regulations covering floodplains already have been adopted by the county and are In force for the temporary zone in the canyon:' Under those regulations, the only uses permitted In the floodway district without a special penn\t are agriculture, recreation and "residential accessory" uses. Conditions accompanying use without a pennlt are that it not obstruct the flow of the f100dway nor wUJ any structure or equipment be pennltted. Special permits are Issued on severa.! conditions Included that ."00 structure, deposit, obstroction or other use shall be allowed which acting alone or In combination with exIsting or future uses adversely affects the flow capacity of the floodway or increases flood heights." Among the factors to be con- sidered by the commissioners in tssuIng special permits are: - Danger to life. -Danger of materlals being swept away to other land, thus creating the poss1bllItyof injurlngrthers. -Proposed water supplyand sewer systems and possible comminatlon In the event of a flood. -Relationship of the ,roposa1 to the flood ma.nagement p-ogranl for theart"&. _ The safety at acress to the property in times of noo4.. "