Boulder County government offices closed Thursday, Nov. 28, and Friday, Nov. 29, for the Thanksgiving holiday.

Flood Buyout Properties

Flood Buyout Properties

The application deadline was June 30. Late applications are not accepted.

Boulder County is accepting applications from individuals and qualified entities interested in owning 16 of 45 former residential properties that Boulder County acquired following the 2013 Flood, commonly referred to as flood buyout properties. Applications are due by June 30, 2024.

Flood Buyout Properties

Boulder County acquired properties that were heavily damaged during the September 2013 flood from landowners who wanted to sell their damaged property. Previous owners received full market value from three sources: the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program, Housing and Urban Development (HUD) Community Development Block Grant Disaster Recovery Program, and county-issued Certificates of Participation (COPs).

As required by the buyout funding grant programs, all existing structures were demolished on the buyout properties to return the land to its natural state. Federal regulations require these properties to remain undeveloped in the future.

Property Conveyances

These practices describe Boulder County’s process for potential conveyances of the selected flood buyout properties. Boulder County will transfer the fee interest in the federally funded buyout properties for no cost to meet grant program requirements. The county will convey the property that was acquired with COPs funding subject to use restrictions that will reduce its value, but the county may decide to require a reduced price to reimburse the county for county taxpayer dollars that were used to acquire the property. Boulder County will make decisions regarding a potential transfer in its sole discretion and may update these practices as needed and without notice.

Any conveyance of an interest in the properties will be accompanied by the following restrictions limiting property uses.

HUD Properties
Open to Individuals and Qualified Entities

The Housing and Urban Development Agency (HUD) administers the Community Development Block Grant Disaster Recovery (CDBG-DR) program. CDBG-DR regulations allow Boulder County to convey an interest to individuals or entities. HUD’s prior written approval is not required. The receiving party must abide by CDBG-DR deed restrictions.

Pursuant to HUD guidelines1 and county restrictions, uses of the property are limited to uses compatible with open space, recreational, or wetlands management practices, in perpetuity.

No new structures shall be erected other than:

  • A public facility that is open on all sides and functionally related to a designated open space or recreational use
  • Flood control measures
  • A structure that the local floodplain manager approves in writing before the commencement of construction of the structure

FEMA Properties
Open to Qualified Entities Only

The Federal Emergency Management Agency (FEMA) administers the Hazard Mitigation Grant Program (HMGP). This grant program places deed restrictions to protect buyout properties as open space and requires transfers to be made for no consideration. The HMGP only allows Boulder County to transfer FEMA Buyout Properties to qualified entities, which include:

  • State agencies
  • Indian Tribal governments
  • Municipal local governments
  • Qualified conservation organizations

Boulder County must obtain FEMA’s prior written approval of a transfer and the receiving entity must abide by HMGP deed restrictions.

Pursuant to FEMA guidelines2 and county restrictions, uses of the property are restricted to open space for the conservation of natural floodplain functions. These uses may include parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation, and subject to local floodplain regulations); unimproved, unpaved, parking lots; buffer zones; and other uses FEMA determines compatible with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space.

No new structures shall be built upon the property except:

  • A public facility that is open on all sides and functionally related to a designated open space or recreational use
  • A structure that is compatible with open space and conserves the natural function of the floodplain and is approved by the FEMA Administrator in writing before construction of the structure begins

See Application Process and Frequently Asked Questions below for more information.

1 78 Federal Register 14329
2 44 Code of Federal Regulations Part 80.19

Map

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Deeds and Deed Restrictions

*15626 is treated as a HUD property for future restrictions to be placed upon it, even though it was purchased with COPs funding.

Application Process

Interested parties must complete the application below. 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.

Selection

The selection process may take some time. Boulder County considers all factors it deems relevant when contemplating the conveyance of a flood buyout property. When reviewing applications, Boulder County will consider whether an applicant’s proposed use of the property complies with applicable deed restrictions or covenants. Boulder County will decline to convey a flood buyout property if it determines the applicant’s intended uses for the property do not comply with required restrictions.

If there are multiple applicants 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 disposition decisions on a case-by-case basis, with no situation setting a precedent for another situation. Decisions on selecting recipients to receive flood buyout properties are final, and there is no appeal process.

Notification

Once Boulder County has selected an applicant, it will notify the applicant 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.

Conveyance of Fee Title

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.

These are some additional 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.
  • 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 being deeded to the selected applicant. Property taxes will reflect the fact that the property has no development right and is unbuildable. For FEMA-funded properties, Boulder County will require the right to enter the property upon 48 hours’ notice to monitor for compliance with FEMA’s deed restrictions.
  • For FEMA-funded properties, Boulder County will require the right to enter the property upon 48 hours’ notice to monitor it for compliance with FEMA’s deed restrictions.

Application

Frequently Asked Questions

What is the deadline for applying to own a property?

The deadline is Sunday, June 30, 2024.

Why isn't Boulder County keeping these properties?

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.

Is Boulder County keeping any flood buyout properties?

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.

How big are these properties?

Properties range in size from .11 acres to 5.56 acres.

  • 35 Longmont Dam Rd, Lyons: 0.55 acres
  • 37 Longmont Dam Rd, Lyons: 0.37 acres
  • 43 Crisman, Boulder: 0.21 acres
  • 142 Canon Park Dr, Boulder: 0.37 acres
  • 459 Gold Run Rd, Boulder: 0.62 acres
  • 496 Riverside Dr, Lyons: 0.27 acres
  • 507 Riverside Dr, Lyons: 0.11 acres
  • 639 James Canyon Dr, Boulder: 2.96 acres
  • 1105 N Cedar Brook Rd, Boulder: 1.92 acres
  • 4389 Fourmile Canyon Dr, Boulder: 4.01 acres
  • 5008 Fourmile Canyon Dr, Boulder: 0.67 acres
  • 7847 N 73rd St, Longmont: 1.01 acres
  • 8531 N Foothills Hwy, Boulder: 2.13 acres
  • 15623 N 83rd St, Longmont: 5.56 acres
  • 15626 N 83rd St, Longmont: 4.85 acres
  • 16679 N St. Vrain Dr, Lyons: 1.12 acres

All property sizes are approximate.

What is the difference between HUD and FEMA properties?

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.

What are the HUD restrictions?

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.

What are the FEMA restrictions?

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.

How much will it cost to buy the property?

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.

How do I apply to become an owner of a property?

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.

Do I need to be an adjacent property owner to receive a property?

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

How do you choose a recipient?

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.

What is the timeline for choosing a recipient?

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.

What if more than one applicant applies for a property?

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.

What if I am selected as a recipient of a flood buyout property?

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.

How much will the taxes be on the property?

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.

Will I receive the property free of any other easements and/or encumbrances?

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.

Who is responsible for managing the property?

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.

Contact Us

Parks & Open Space

Tina Burghardt
kburghardt@bouldercounty.gov
720-864-6533