[bouldercouncilhotline] Hotline: Question on floodplain mapping

[cmosupport at bouldercolorado.gov]

Sender: Jeff Arthur

Dear Council Member Wilson,

Responses to your questions are provided below:

I have a question on the floodplain mapping agenda item.  The motion recommends that the more restrictive of the current and proposed mappings will be used during FEMA review.  I thought we usually use the less restrictive when under review.  I am thinking of some of the previous remappings we have done.

The use of the more restrictive mapping has been a consistent practice for some time, but formally documenting this in the City Council motion authorizing submittal to FEMA is a relatively  new addition intended to improve the clarity of the adoption process.  Under Section 9-3-2(d)(13), BRC 1981, the City Manager shall:

 “Obtain, review  and reasonably utilize any base flood elevation and floodway data available from federal, state, or other sources, including data developed pursuant to chapter 9-12, “Subdivision”, BRC 1981, as criteria for requiring that all new development meet the requirements of this section.” 

 This section is commonly referred to as describing the city’s obligation to use “best available information.”  

City Council authorization to submit to FEMA has generally been used as the milestone where a study is considered “best available information.”   This approach ensures that the city is doing its best to protect people and property in the interim while FEMA reviews.  FEMA review can take more than a year.   It also helps avoid a potential rush of permit applications in proposed newly regulated areas during the FEMA review process.  Because the existing maps remain in effect with FEMA until they adopt new information, it is necessary to also continue to regulate areas proposed to be removed from the floodplain until the process is complete.  

I also note that we have a resident who is criticizing our current high hazard zone ordinances.  When was the current ordinance adapted or last modified?

The High Hazard Zone regulations were originally adopted in 1989.  A minor change was adopted in 2010 to allow limited building elements such as balconies, awnings, and roof overhangs to extend into the High Hazard Zone above the flood depth.
 
A third question or request.  Can staff discuss our processes for acquiring properties in the high hazard zone, both before a flood and after a flood.  I seem to remember that when we purchase properties in the high hazard zone that have not been impacted by a flood, we use a different valuation than we apparently do after a flood.

The Stormwater & Flood Control Utility budget currently includes approximately $500,000/year for pre-flood property acquisition.  These funds are generally used opportunistically to purchase the highest risk structures from willing sellers and remove them.  Purchase price is negotiated with the seller.  In some cases, funding from multiple budget years is needed to make an acquisition.

Section 9-3-8, BRC 1981 outlines the city’s approach to potential post-flood property acquisition.  The intent of the section is to address situations where reconstruction or restoration of a flood damaged structure would be in conflict with the floodplain regulations.  Flood insurance policies generally cover only the value of a structure while the city’s intent would be to cover the land value.   The code indicates that subject to appropriation of funds, “the city manager shall agree to contract or purchase the land upon which the structure was located at its fair market value after the damage occurred.”  The code further provides an appraisal process involving three appraisals and an averaging process to address situations where there is not agreement on the fair market value of the land.  This code provision has not been applied and it is reasonable to expect that some interpretation and negotiation would be involved in fairly and legally applying it to an actual flood loss situation. 
 
One comment.  Changing the mapping is a very distinct process from changing an ordinance regarding what happens with the regulation of properties in the flood zones and how the city handles such properties.

Staff concurs.  The Boulder Creek Mapping study has been underway for approximately five years and a reevaluation of the High Hazard Zone regulations (i.e. policy direction change) was not included in the project scope.  If a review and potential modification of the High Hazard Zone is desired, it is recommended that it be scoped and prioritized as a separate work program item.

Regards,

Jeff