Flood Buyout Properties

The deadline is Sunday, June 30, 2024.

The decision to convey these properties hinged primarily on whether Boulder County can effectively manage them and if they align with the standard features of open space properties. Given that these lots were initially designated as house lots, they deviate from the typical size and location beneficial for county residents. Their small size and scattered distribution throughout the county pose challenges for effective management by the county. The costs associated with maintaining and upkeeping these properties surpass the potential benefits they could offer for the county’s open space program.

Yes, Boulder County has adopted 14 flood buyout properties into the county’s open space program for management by Parks & Open Space as open space. Parks & Open Space has also determined that some of the flood buyout properties might be best suited for conveyance to municipalities to better steward properties in their area. For example, 10 properties that lie in Apple Valley have been offered to the Town of Lyons for town open space. If the town decides not to accept those properties, the county will decide whether to keep them as county open space or whether to offer them to the public in a future bidding process.

Properties range in size from .11 acres to 5.33 acres.

• 35 Longmont Dam Rd, Lyons: 0.64 acres
• 37 Longmont Dam Rd, Lyons: 0.36 acres
• 43 Crisman, Boulder: 0.44 acres
• 142 Canon Park Dr, Boulder: 0.37 acres
• 459 Gold Run Rd, Boulder: 0.73 acres
• 496 Riverside Dr, Lyons: 0.35 acres
• 507 Riverside Dr, Lyons: 0.11 acres
• 639 James Canyon Dr, Boulder: 4 acres
• 1105 N Cedar Brook Rd, Boulder: 4.21 acres
• 4389 Fourmile Canyon Dr, Boulder: 4.29 acres
• 5008 Fourmile Canyon Dr, Boulder: 1.18 acres
• 7847 N 73rd St, Longmont: 0.94 acres
• 8531 N Foothills Hwy, Boulder: 2.12 acres
• 15623 N 83rd St, Longmont: 5.2 acres
• 15626 N 83rd St, Longmont: 4.97 acres
• 16679 N St. Vrain Dr, Lyons: 5.33 acres

All property sizes are approximate.

The main difference is that the FEMA properties cannot be conveyed to private parties. HUD properties can be conveyed to private parties, subject to deed restrictions that prohibit development of the properties.

Pursuant to HUD guidelines (78 FR 14329 (March 5, 2013)), the properties must remain vacant and undeveloped. The use of the property is limited to open space, recreational, or wetland management purposes. No new structures shall be erected other than: 1) a public facility that is open on all sides and functionally related to a designated open space or recreational use; 2) a public rest room; 3) flood control measures; or 4) a structure that the local floodplain manager approves in writing before the commencement of construction of the structure.

Keep in mind that you must still go through any local regulatory bodies for approval of any of these structures.

Pursuant to FEMA guidelines (44 CFR Part 80), uses of the property are restricted to parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved, parking lots; buffer zones; and other uses consistent with the FEMA guidelines. No new structures shall be erected other than: 1) a public facility that is open on all sides and functionally related to a designated open space or recreational use; 2) a public rest room; 3) flood control measures; or 4) a structure that the local floodplain manager approves in writing before the commencement of construction of the structure.

Keep in mind that you must still go through any local regulatory bodies for approval of any of these structures.

HUD and FEMA regulations require that the properties be transferred for no remuneration. However, if you wish to have a title insurance, a Phase I inspection, or the like, you must pay for those.

Interested parties must complete the application. Applications must fully describe intended property uses and contain a signed acknowledgment of the property’s deed restrictions or covenants and a commitment to abide by them.

If you are interested in multiple properties, please submit a separate application for each property of interest.

No, you do not need to own the adjacent property to be awarded a property.

When reviewing applications, Boulder County will consider whether an applicant’s proposed use of the property complies with applicable deed restrictions and will decline to convey a flood buyout property if Boulder County determines the applicant’s intended uses for the property do not comply with required restrictions. Boulder County will consider all other factors it deems relevant when contemplating conveyance of a flood buyout property.

There is no specific timeline for choosing a recipient. The time for closing applications is subject to change at any time, based on new information, staff capacity limitations, or other considerations. Once Boulder County determines, in its sole discretion, that a property has received sufficient applications and interest, it will move forward with choosing a recipient.

If there is more than one applicant for a particular property, Boulder County will determine which applicant is best suited for receiving the property based on the selection process above. In some cases, Boulder County might decline to convey the property if, in its sole discretion, it determines that selecting one applicant over another is inequitable or would otherwise result in an unsuitable outcome.

Boulder County will make flood buyout property conveyance decisions on a case-by-case basis, with no situation setting a precedent for another situation. Decisions on selecting recipients for conveyance of an interest in flood buyout properties are final, and there is no appeal process.

The selected applicant will be notified via a written Flood Buyout Agreement that will set forth the terms to convey fee title to the property. The selected applicant will have 30 days to sign the Flood Buyout Agreement.

After the elected applicant has signed the Flood Buyout Agreement, Boulder County will coordinate with the selected applicant to transfer fee title for the property to the applicant. The closing process may take some time, especially if Boulder County is coordinating several ‘closings’ with several different selected applicants.

Important Details:

• Properties are conveyed in their as-is condition.
• The conveyance is done by special warranty deed or quitclaim deed only, and not by general warranty deed.
• The conveyance is done subject to federal grant program deed restrictions.
• The property is conveyed with no right to build any residences and the property cannot be used to increase the development potential of another parcel, e.g., by using the parcel to make other land legally buildable, create legal access, provide physical access, resolve zoning setback issues, or provide room for septic systems or utilities.
• Boulder County reserves all mineral interests owned, all county road rights-of-way, and an undivided interest in water rights appurtenant to the subject property, if any.
• If water rights are being conveyed, Boulder County requires that a conservation easement be granted back to Boulder County that ties the selected applicant’s undivided interest in the water rights to the property.
• Boulder County will select the title company that will be used for the closing. Boulder County will cover closing costs; however, selected applicants are responsible for acquiring their own title insurance, if desired.

The selected applicant will need to contact the Boulder County Assessor’s Office with questions about the anticipated property taxes for the property. Property taxes will reflect the fact that the property has no development right and is unbuildable.

Not necessarily. Every property is different, but if there are pre-existing easements, encumbrances, or other restrictions on the property, they would apply to the new property owner as well. To learn about restrictions for a particular property, contact Tina Burghardt at kburghardt@bouldercounty.gov.

Boulder County will have no management responsibility because it will not own the property. The selected applicant will assume all management responsibility for the property. Management responsibilities include controlling noxious weeds and removing trash. See the Boulder County Land Use Code, Article 14, for more information.