Code of Colorado Regulations
400 - Department of Natural Resources
408 - Colorado Water Conservation Board
2 CCR 408-1 - RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO
10 - Criteria for Determining Effects of Levees on Regulatory Floodplains

Universal Citation: 2 CO Code Regs 408-1 ยง 10

Current through Register Vol. 47, No. 17, September 10, 2024

A. General. The use of Levees for property protection, Flood control, and Flood hazard Mitigation is not encouraged by the CWCB, unless other Mitigation alternatives are not viable. The areas landward of an accredited Levee and Provisionally Accredited Levee (PAL) system shall be mapped and annotated on the FIRM in accordance with FEMA Risk MAP Technical References, Guidelines and Standards for Flood Risk Analysis and Mapping Activities. In situations where Levees are the only viable alternative for protection of existing development, "setback" levees should be designed and constructed to maintain the natural Channel and reserve a portion of the natural Floodplain capacity. Levees should not be used for Flood protection along streams or watercourses where new Development is planned. However, Levees may be used to protect public utility plant facilities for wastewater treatment and pumping as well as electric power plants due to their close proximity to natural waterways. For existing Levees that protect existing development, proper maintenance should be performed by Levee owners/operators, or non-federal sponsors in the case of federal Levees, according to an operations and maintenance plan.

(1) Levees should not be constructed for the primary purpose of removing undeveloped lands from mapped Floodplain areas for the purposes of developing those lands because of the potential impairment of the health, safety, welfare and property of the people. Design and construction of Levees identified for this purpose will not be eligible for CWCB grants or loans.

(2) When constructed, Levees for which protection will be considered for designation and approval must meet the requirements set forth in "Mapping of Areas Protected by Levee Systems,"44 C.F.R. § 65.10. Artificial embankments that either function as a Levee or a Flood Control Structure must meet the provisions of this Rule or the "Office of the State Engineer Rules and Regulations for Dam Safety and Dam Construction," 2 C.C.R. 402-1, respectively, in order to be considered as providing protection. See Rule 17.

B. Maintenance. An operating and maintenance manual that ensures continuous proper function of the structure shall be prepared and updated. The Levee shall be structurally sound and adequately maintained. Sedimentation effects shall be considered for all Levee projects. Certification from a federal agency, state agency, or a Colorado Registered Professional Engineer that the Levee meets the minimum Freeboard criteria, as stated above in Rule 10.A.(2), shall be provided to CWCB. A visual inspection shall be required on a three-year basis to demonstrate that the Levee continues to be structurally sound and adequately maintained and results of the inspection shall be provided to the CWCB. Levees that have obvious structural defects or that are obviously lacking in proper maintenance shall not be considered in the Hydraulic Analysis without a funded project plan to bring the Levee deficiencies into compliance (to be considered on a case-by-case basis).

C. Ownership. Privately-owned or non-Community-owned Levee systems shall only be considered in the Hydraulic Analysis if they are publicly operated and maintained. For the purposes of this Rule, public operation and maintenance is required for credit of the Levee system, which may include direct responsibility, ultimate Community responsibility, or Community enforcement. See 44 C.F.R. § 65.6(a)(12). Levees for which the Community, state, or federal government has responsibility for operations and maintenance will be considered, provided that the criteria set forth in this Rule are met.

D. Levee Analysis and Standards Consistent with Federal Regulation. To comply with these Rules, analysis of Levees and Levee standards for Freeboard, interior drainage, and human intervention and operation must comply with the standards in 44 CFR § 65.10 and the FEMA Risk MAP Technical References, Guidelines and Standards for Flood Risk Analysis & Mapping Activities, Guidance for Flood Risk Analysis and Mapping: Levees, Guidance Document 95.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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