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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 />-- <br /> <br />-- <br /> <br />e <br /> <br />1-15-80 <br /> <br />Because of the underlined language above, the <br />Urban Drainage and Flood Control District has proceeded on the <br />basis that if local governments within the District fail to adopt <br />flood plain regulations, then the District would administer its <br />regulation within that local jurisdiction. Further, since the <br />District's regulation prohibits residential development within <br />the floodway (the most hazardous portion of the floodplain), any <br />local governmrnt failing to prohibit residential developmert within <br />the floodway would be governed by the District's regulation inasmuch <br />as the District's regulation would be "more restrict.Lve" and, thus, <br />controlling under the statute. <br /> <br />3. Court Review of Flood Plain Regulations. <br /> <br />The leading Colorado case is Famularo v. Adams <br />County, 180 Colo. 333, 505 P.2d 958 (1973), in which the Colorado <br />Supreme Court upheld the District Court's findings that (1) the <br />Adams County Commissioners had authority to regulate, by resolution, <br />the uses of lan1 in unincorporated areas for "trade, industry, <br />residence, recreation, or other purposes, ann for flood control"; <br />ann (2) the regulation in question did not so limit the uses of <br />plaintiff's land so as to violate the Colorado Constitution, <br />Article II, ~25 or the U.S. Constitution, Amendment XIV. <br /> <br />In Colorado, the legislature has taken the lead in granting local <br />governments power to regulate flood hazard areas. Usually, courts <br />interpret such regulation that follows on a case by case basis, <br />depending on what is "reasonable" under the circumstances. <br /> <br />Some guidelines that have emerged in anticipating "reasonableness" <br />are: <br /> <br />a) Restriction of Uses. <br /> <br />The restriction of uses on property which would <br />prevent a public harm, as opposed to the creation of a public be~efit, <br />removes the requirement of compensation to property owners who are <br />restricted from the full use of their property. Dunham, A Legal <br />and Economic Basis for City Planning, 58 Colum. L. Rev. 650 (1958). <br /> <br />The restrictions on the uses must not be so <br />severe as to deny the owners a constitutional right to make "bene- <br />ficial use" of their land, as such restrictions would be cor.fiscatory <br />and void. Francis v. City and County of Denver, 160 Colo. 440, 418 <br />P.2d 45 (1966). However, a zoning ordinance is proper which may <br />prohibit the landowner from using or developing his land in the <br />"most profitable" manner. Baum v. City and County of Denver, 147 <br />Colo. 104, 363 p.2d 688 (1961). <br /> <br />(19) <br />
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