A.

Jurisdiction. The provisions of this article shall apply to all lands within the SFHA as defined on the official maps and engineering reports of the City of Wheat Ridge, Colorado and areas removed from the floodplain by the issuance of a LOMR-F.

B.

Establishment of floodplain permit. A floodplain permit, either class I or class II shall be required to ensure conformance with the provisions of these regulations.

C.

Compliance. No structure or land shall hereafter be located, altered, or have its use changed within the SFHA without full compliance with these regulations and other applicable regulations. Nothing herein shall prevent the City of Wheat Ridge from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the National Flood Insurance Program.

D.

Boundaries. The boundaries of the SFHA have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports.

The boundaries of the SFHA shall be as they appear on the official maps and engineering reports kept on file in the office of the floodplain administrator. The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map. When there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be settled according to section 26-808.

E.

Interpretation. In the interpretation and application of these floodplain regulations, these provisions shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by Colorado Statutes or the Charter or ordinances of the City of Wheat Ridge.

F.

Warning and disclaimer of liability. The degree of flood protection intended to be provided by these floodplain regulations is considered reasonable for regulatory purposes and is based on nationally recognized and/or published engineering and scientific methods of study. Larger floods may occur on occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. These regulations do not imply that areas outside SFHA boundaries or land uses permitted within such districts will always be totally free from flooding or flood damage. Anyone constructing new structures within the SFHA is accepting complete responsibility for non-regulated events. These regulations shall not create a liability on the part of or a cause of action against the City of Wheat Ridge or any official or employee thereof for any flood damages that may result from reliance on these regulations.

G.

Official maps and engineering reports. The location and boundaries of the SFHA shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado and Incorporated Areas," dated August 2, 2022, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this article.

The location and boundaries of the SFHA shall be as shown in the following engineering reports and accompanying maps:

1.

Digital flood insurance rate map (DFIRM) panels dated August 2, 2022, for portions within the City of Wheat Ridge.

The location and boundaries of the LFHA shall be as shown in the following engineering reports and accompanying maps:

1.

Sloan's Lake FHAD dated July 2018 for portions within the City of Wheat Ridge.

2.

Clear Creek FHAD dated September 2, 2022, for portions within the City of Wheat Ridge.

The DFIRM constitutes the current flood insurance study for the City of Wheat Ridge and is fully incorporated herein by this reference. True and correct copies of the DFIRM and FHAD are available on the city website and are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, and are available for inspection and copying during normal business hours.

H.

Severability. These regulations and various parts thereof are hereby declared to be severable. Should any section of these regulations be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of these regulations as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 1544, § 1, 1-13-14; Ord. No. 1674, § 1, 9-23-19; Ord. No. 1734, § 2, 5-23-22; Ord. No. 1756, § 2, 3-13-23)