Denver, CO asked in Real Estate Law and Land Use & Zoning for Colorado

Q: County Planning Administrator is requiring us to meet PROPOSED floodplain codes for a garage.

Our property is not currently in a floodplain. It is in a PROPOSED FEMA floodplain. The County Planning Administrator is using the proposed map to determine our building code. We will have to elevate our garage as well as add flood vents even though our property is not currently in a floodplain. There is no date set when the proposed map will be adopted and it is uncertain whether or not it will be adopted. Should we consult an attorney to challenge this decision, or is she allowed to use proposed maps for regulation?

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: Consulting a real estate attorney is likely worth the effort. Planning commissions can have a life of their own (not always in a good way...). The proposed classifications may not be legally binding and/or you may be able to get an special exception for the garage. At minimum, you can have a lawyer review the situation and give an opinion. Many attorneys offer free consultations, but if you want a detailed review you may need to pay a couple hundred dollars. Depending on the challenge, the costs range from a few thousand (office review w/ the commission) to a lot more if you take the commission to court.

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