DC-22-0001: Land Use Code text amendments related to the Marshall Fire - Article 19 (Procedures Following Disasters)

Past Public Meetings and Hearings

March 17, 2022 Board of County Commissioners (BOCC) Public Hearing
Action by the Board: The BOCC voted (3-0) to adopt the Land Use Code Article 19-500 provisions for the streamlined path for rebuilding after the Marshall Fire as proposed in the March 16, 2022 draft, with two changes:

1. Add the ability to extend the deadline by which private site clean-up permits need to be applied for (currently June 30, 2022) if the Director finds good cause. (Section A.1.b)
2. Modify Section F.1.b. so there is a graduated approach for allowable location shifts for rebuilds (i.e., the location required to be used for the rebuild), based on the footprint of the pre-existing home. BOCC decided on the exact numbers at the time of the adoption of the resolution at the BOCC March 29, 2022 Business Meeting. View Resolution 2022-029, approving Docket DC-22-0001, effective March 29, 2022.

March 16, 2022 Planning Commission (PC) Public Hearing
Action by the Commission: PC voted (6-0) to approve and recommend approval by the Board of County Commissioners the proposed Land Use Code Article 19-500 provisions for the streamlined path for rebuilding after the Marshall Fire as amended.

Documents and Public Comments

• Resolution 2022-029, approving Docket DC-22-0001, effective March 29, 2022
• DC-22-0001 Staff Report to BOCC, March 17, 2022
• DC-22-0001 Amended Draft Regulations as of March 16, 2022
• DC-22-0001 Amended Draft Regulations (with editing markups) as of March 16, 2022
• Planning Commission Approved Text: Article 19-500 Marshall Fire (March 16, 2022) – redlined draft from March 9, 2022
• Planning Commission Approved Text: Article 19-500 Marshall Fire (March 16, 2022)
• DC-22-0001 Staff Report to Planning Commission, March 16, 2022
• Public comments received after March 9, 2022

Past Community Meetings

Presentation: Marshall Fire community meeting on Article 19 and rebuilding in unincorporated Boulder County, Feb.23, 2022

Background

On December 30, 2022, Boulder County declared a local disaster emergency pursuant to § 24-33.5-709, C.R.S., as amended, partially in response to the Marshall Fire, which caused severe damage and loss of property in Boulder County.

The county is committed to working with property owners in their recovery from damage or destroyed structures and intends to streamline the rebuilding process. The county’s aim is to allow property owners to rebuild in a timely, safe and responsible manner.

Current Land Use Code regulations (Art. 4-802.B.3) allow someone to rebuild without Site Plan Review if they rebuild what previously existed (original location, floor area, height) and obtain building permits within one year of the destruction. However, if someone wanted to change the design to their home with a different footprint, location, size, or height, it would trigger Site Plan Review.

The county recognizes that people may want to make changes to their pre-existing structure when rebuilding. After previous disasters, the county adopted specialized regulations to allow people to make minor changes to their homes without triggering the full Site Plan Review process. It is the intent of this code amendment to adopt a similar approach which would, extended timeframe for rebuilding and through a streamlined approach replacing Site Plan Review, evaluate focused issues while also allowing some flexibility in the design of the homes that are rebuilt. The proposed regulations will be designed to accommodate this flexibility while still implementing the county’s essential land use principles intended to retain the unique, scenic and rural character of the county.

Fires drastically change the landscape in obvious ways and while the recently impacted properties do not face the same degree of danger from excessive runoff, debris flows, and rockfall hazard as when fires occur in steep mountainous areas the county is committed to resilient rebuilding. Rebuilding in a resilient way requires the consideration of longer term wildfire mitigation in areas previously not designated as being in a wildfire hazard zone and any other hazard that may be identifies through the process.

Staff intends to develop a focused approach to rebuilding after the Marshall Fire in Article 19 (Procedures Following Disasters) of the Land Use Code, and will make any other Code revisions necessary to integrate the changes.

On February 8, 2022, the Board of County Commissioners authorized staff to pursue the text amendments to Article 19 of the Boulder County Land Use Code to ensure streamlined and resilient rebuilding.