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Last modified
1/26/2010 10:08:50 AM
Creation date
10/5/2006 4:11:21 AM
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Template:
Floodplain Documents
County
Statewide
Basin
Statewide
Title
General Principles of Drainage Law Outline
Date
1/15/1980
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />The governin~ body of each municipality has the <br />following authority: <br /> <br />.1 <br /> <br />"... to establish, regulate, restrict and limit <br />such uses on or along any storm or floodwater run- <br />off channel or basin, as such storm or floodwater <br />runoff channel or basin has been designated and <br />approved by the Colorado Water Conservation Board, <br />in order to lessen or avoid the hazards to persuns and <br />damage to property resultilg from the accumulation OI <br />storm or floodwaters." <br />C.R.S. 01-23-301 (1). <br /> <br />- <br /> <br />Counties in Colorado are directly authorized by <br />statute to adopt zoni~g plans concerned with regulating use in a <br />flood pI ,in area through the provisions of C.R.S. ~YI-28-111 (1): <br /> <br />"... th" county planning commission may in.clude in <br />said zonin~ plan or plans provisions establishing, <br />regulating, and limiting such uses upon or along <br />any storm or water runoff channel or basin as such <br />storm or runoff channel or basin has been designated <br />and approved by the Colorado Water Conservation <br />Board in order to lessen or avoid the hazards to <br />persons and damage to property resulti ni. from th(o <br />accumulation of storm or flood waters." <br /> <br />The Urban Drainage and Flood Control District is <br /> <br />~ <br /> <br />authorized to: <br /> <br />"... adopt, amend, repeal, enforce, and otherwise <br />administer under the police power SJch reasonabje <br />flood-plain zonin; resolutions, rules, regulations, <br />and orders pertainin~ to properties within the <br />district of any public body or other person (other <br />than the federal government) reasonably affectin~ <br />the collection, channeling, impounding or disposition <br />of rainfall, other surface and subsurface drainage, <br />and storm and flood waters (or any combination thereof), <br />including without limitation variances in the event of <br />any practical difficulties or unnecessary hardship and <br />exceptions in the event of appropri2te factors, as the <br />board may from time to time deem necessary or con- <br />venient. In the event of any conflict between any <br />flood-plain zJning regulation adopted under this <br />section and any flood-plain zoning regJlation adopted <br />by any other public body, the more rEstrictive regu- <br />lation sha 11 control." <br />C.R.S. n2-ll-2l8 (1) (f) (I). <br /> <br />'tt <br /> <br />(18) <br /> <br />1-15-80 <br />
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