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<br />e <br /> <br />e <br /> <br />e <br /> <br />Thus, while I would be interested in hearing about any further statutory authority <br />about which I am now unaware, I must assert the City of Boulder's home rule prerogative <br />to regulate land use using its own maps, as those may be approved by the City from time <br />to time, notwithstanding lack of designation and approval by the Water Conservation Board. <br />This prerogative becomes important in a case such as this, where the lack of designation and <br />approval has nothing to do with the substance of the maps but rather the.funding of your <br />agency. However, you should also kllow that the City of Boulder has initiated a regulatory <br />structure which includes a "high hazard zone" in which all human occupancy structures are <br />prohibited, going well beyond the strictures of the Federal Emergency Management Agency <br />and the Urban Drainage District. The "high hazard zone" is a function of the Boulder <br />ordinance and does not constitute a "storm or flood-water channel or basin," within the <br />meaning of the above-cited statute. The City of Boulder also requires two feet of freeboard <br />above the base flood elevation. In no case does the City under-regulate any FEMA map- <br />based standard. <br /> <br />I look forward to your response to this letter and to working with you to get the <br />advice of the Water Conservation Board on the designation and approval of the floodplain <br />studies which you referred to in your May 5, 1992 letter. I would also like to learn more <br />about the board's expanding involvement in the floodplain information program and related <br />FEMA issues. Thank you for your consideration. <br /> <br />Very truly yours// II <br /> <br />~-;A ~~~ <br /> <br />~N. d ai es, III <br />City Attorn y <br /> <br />cc: <br /> <br />Leslie L. Durgin, Mayor <br />Members of the City Council <br />Stephen T. Honey, City Manager <br />David A. Rhodes, Public Works Director <br />Alan Taylor, City Engineer <br /> <br />PW FC YFC <br /> <br />2 <br />