Boulder Commissioners Approve Disaster Redevelopment Regulations

The Boulder County Commissioners approved Land Use Code amendments (Text Amendments to Article 19 of the Land Use Code Governing Redevelopment Following Natural Disasters) in response to the flood that struck the Front Range in September. As originally drafted, these regulations would only be effective for six months. However, following the recommendation of the Planning Commission the Commissioners removed the 6-month sunset provision in lieu of an indefinite time period for these interim regulations.

The purpose of the new regulations is to allow for the rebuilding of destroyed or severely damaged structures without formal Site Plan Review through an administrative Hazard Mitigation Review process intended to utilize the lessons learned from ongoing damage assessments following the floods. The new regulations allow owners to relocate the structure to a safer location on the parcel. In addition, owners may now rebuild at a different height, provided the increase is made to accommodate flood-proofing or related hazard mitigation requirements. There is also an exemption for small agricultural irrigation structures that do not pose a risk.

Previously the Code allowed property owners to rebuild within the first six months without being subject to the formal Site Plan Review process. However, the property owner was required to replace the structure in the exact same location where it had been destroyed or severely damaged.

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