Timnath adopts new Larimer County flood maps for federal insurance program

The Timnath Town Council adopted an ordinance Oct. 27 that puts the updated Larimer County flood maps and Flood Insurance Study into the town's floodplain rules. The ordinance's findings say adoption is needed to maintain the town's standing in the National Flood Insurance Program and the availability of federally backed flood insurance to property owners in the town.

A staff member told the council that FEMA requires the town to adopt the updated maps and maintain enforceable floodplain regulations to remain in the National Flood Insurance Program. "FEMA says that if we do not enact, we will be suspended from NFIP," the staff member said. The ordinance finds that adoption is necessary to maintain the town's eligibility and good standing in the program and the continued availability of federally backed flood insurance to property owners. The staff report says FEMA identifies restrictions on certain federal acquisition, construction and flood-disaster assistance in sanctioned communities that do not participate in the program.

FEMA and the Colorado Water Conservation Board revised the Larimer County maps and study, which are scheduled to take effect Nov. 27. Timnath's rules had referenced the Feb. 6, 2013 study and maps, and the ordinance replaces that reference with the Nov. 27, 2026 study and accompanying maps. Asked how big the changes are within town limits, the staff member called them minor. "We only have one river, the Cache la Poudre. It's minor," the staff member said, adding that the changes were essentially better available data.

The ordinance also settles who runs the floodplain rules. The Town Engineer is the Floodplain Administrator and may delegate those duties to another qualified individual by administrative order. The Town Council will hear and decide floodplain variance requests as the Appeal Board, but may later create a separate board, appoint its members and delegate the responsibility by resolution. The special flood hazard areas identified by the study and maps are the minimum area the ordinance covers, and the town may supplement them with studies it designates and approves.

New definitions apply only to the floodplain regulations. Under them, the start of construction is the building-permit date, including for substantial improvements, if actual construction begins within 180 days of that date. Actual construction begins with the first permanent construction on a site, such as pouring a slab or footings, installing piles, constructing columns, or placing a manufactured home on a foundation. Land preparation, streets and walkways, excavation for basements or foundations, and temporary forms do not count as permanent construction. Neither do accessory buildings such as garages or sheds that are not occupied as dwelling units or are not part of the main structure.

The ordinance takes effect upon adoption at second reading, which it records as Oct. 27. The Larimer County Board of County Commissioners was to consider adopting the updated maps and study for unincorporated Larimer County, effective Nov. 27. The Timnath Planning Commission recommended approval of the amendment after a public hearing Oct. 6.