17.152.010 Purpose and intent.

   It is the purpose of these regulations to regulate development in natural hazard areas, including geologic hazard areas, wildfire hazard areas, and floodplain hazard areas, so as to minimize significant hazards to public health and safety, and to:

   A. Geologic Hazard Areas.

   1. Minimize significant hazards to public health and safety or to property in a designated geologic hazard area;

   2. Promote safe use of geologic hazard areas;

   3. Reduce the impact of geologic hazards on life and property by:

   a. Prohibiting certain land uses which are dangerous to life or property in geologic hazard areas,

   b. Restricting the land uses which would be hazardous to the public health and safety or to property in geologic hazard areas,

   c. Restricting the land uses which are particularly vulnerable to geologic hazards so as to alleviate hardship and reduce the demands for public expenditures for relief and protection,

   d. Requiring land uses permitted in geologic hazard areas, including public facilities which serve such uses, to be protected from geologic hazards by providing for geologic hazard investigation and the avoidance of or mitigation of such hazard impacts at the time of initial construction;

   4. Protect geologic hazard area occupants or users from the impacts of geologic hazards which may be caused by their own, or other, land use and which is or may be undertaken without full realization of the danger by:

   a. Regulating the area in which, or the manner in which, structures designed for human occupancy may be constructed so as to prevent danger to human life or property within each structure,

   b. Designating, delineating and describing areas that could be adversely affected by geologic hazards so as to protect individuals from purchasing or improperly utilizing lands for purposes which are not suitable;

   5. Protect the public from the burden of excessive financial expenditures from the impacts of geologic hazards and relief by:

   a. Regulating land uses within geologic hazard areas so as to produce the pattern of development or a soundly-engineered manner of construction which will minimize the intensity and/or probability of damage to property and loss of life or injury to the inhabitants or users of geologic hazard areas,

   b. Regulating the cutting, filling or drainage changes and other man-made changes which could initiate or intensify adverse conditions within geologic hazard areas,

   c. Encouraging such uses as agriculture, grazing, greenbelt, open space, and recreation within geologic hazard areas.

   B. Wildfire Hazard Areas.

   1. To facilitate the administration of wildfire hazard areas by establishing requirements which must be met before development in such areas as permitted;

   2. Establish requirements which are designed to minimize significant hazards to public health and safety or to property in wildfire hazard areas in which human activity is to take place;

   3. Require that authorized developments have adequate roads for service by fire trucks, fire-fighting personnel, and other safety equipment and that fuel breaks and other means of reducing conditions conducive to fire be provided;

   4. Promote proper land use within wildfire hazard areas;

   5. Protect the public against the costs which may be incurred when unsuitable development occurs in wildfire hazard areas;

   6. Preserve and maintain forestry and other natural resources;

   7. Conserve natural conditions of air, water, land, vegetation, wildlife and open spaces for the education, recreation, and general welfare of the public.

   C. Floodplain Hazard Areas. It is the purpose of these regulations to regulate development in flood hazard areas so as to minimize significant hazards to public health and safety; and to operate in coordination with the National Flood Insurance Program; and to prevent substantial solid debris from being carried down stream by flood waters.

   D. Mineral Resource Areas. It is the purpose of these regulations to regulate development in mineral resource areas so as to minimize significant hazards to public health and safety, and to insure the availability to the public of necessary and useful minerals.

17.152.020 Definitions.

   A. Geologic Hazard Areas.

   1. "Avalanche" means a mass of snow or ice and other material which may become incorporated therein as such mass moves rapidly down a mountain slope.

   2. "Expansive soils and rocks" means any mineral, clay, rock or other type of geologic deposit having the property of absorbing water with an accompanying swelling to several times the original volume thereof such as, for example, that type of bentonite having such properties.

   3. "Geologic hazard" means a geologic phenomena, which is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to: avalanches, landslides, rock falls, mudflows, unstable or potentially unstable slopes, seismic effects, radioactivity and ground subsidence.

   4. "Geologic hazard area" means an area which contains or is directly affected by a geologic hazard.

   5. "Initial control area" means an area suspected, but not finally determined, to be a natural hazard area or a mineral resource area.

   6. "Ground subsidence" means a process characterized by the downward displacement of surface material caused by natural phenomena such as removal or underground fluids, natural consolidation or dissolution of underground minerals, or man-made phenomena such as underground mining.

   7. "Landslide" means a mass movement where there is a distinct surface of rupture, or zone of weakness, which separates the slide material from more stable underlying material.

   8. "Mudflow" means a flowing mass of predominately fine-grained earth material possessing a high degree of fluid during movement.

   9. "Nonconforming use" means any structure, development or land use in existence as of the date of the adoption of these regulations, and not permitted under the terms and provisions of these regulations.

   10. "Radioactivity" means a condition related to various types of radiation emitted by natural radioactive minerals that occur in natural deposits or rocks, soils and water.

   11. "Rock fall" means the rapid free-falling, bounding, sliding or rolling of large masses of rock or individual rocks.

   12. "Seismic effects" means direct and indirect effects caused by a natural earthquake or a man-made phenomenon.

   13. "Unstable or potentially unstable slope" means an area susceptible to a landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials.

   B. Wildfire Hazard Area.

   1. "Wildfire" means an uncontrolled fire burning in vegetation, structures or other improvements.

   2. "Wildfire behavior" means the predictable action of a wildfire under given conditions of fuels, weather and topography.

   3. "Wildfire hazard" means a wildfire phenomenon which is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property.

   C. Floodplain Hazard Areas. Repealed on March 27, 1986.

   D. Mineral Resource Areas.

   1. "Commercial mineral deposit" means a natural mineral deposit for which extraction by an extractor is or will be commercially feasible and regarding which it can be demonstrated by geologic, mineralogic, or other scientific data that such deposit has significant economic or strategic value to the area, state or nation.

   2. "Mineral" means an inanimate constituent of the earth in either solid, liquid or gaseous state which, when extracted from the earth, is usable in its natural form or is capable of conversion into usable form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing, or construction material. This definition does not include surface or ground water subject to appropriation for domestic, agricultural, or industrial purposes, nor does it include geothermal resources.

   3. "Mineral resource area" means an area in which minerals are located in sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools or otherwise, as to be capable of economic recovery. The term includes, but is not limited to, any significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claims with the intention of mining. The term also includes an area of oil and gas or geothermal resource development if such area has been identified by the State Oil and Gas Conservation Commission for designation.

   4. "Mining" means the process of removing or extracting minerals and building stone from naturally occurring veins, deposits, bodies, beds, seams, fields, pools or other concentrations in the earth’s crust. This term also includes the preliminary treatment building stone.

   5. "Open mining" means the mining of natural mineral deposits by removing any amount of overburden lying above such deposits, and mining directly from the deposits thereby exposed. The term includes, but is not limited to, such practices as open cut mining, open pit mining, strip mining, quarrying and dredging.

   6. "Reclamation" means the rehabilitation of affected land by means of replanting, soil stabilization, water resource protection, and other measures appropriate to the subsequent beneficial use of such mined and reclaimed lands.

17.152.030 Authority.

   These regulations are adopted pursuant to, inter alia, House Bill 1041 (1974) and House Bill 1034 (1974).

17.152.040 Applicability.

   A. These regulations apply to applications for permits to engage in development in all designated or geologic hazard areas, wildfire hazard areas, or regulated flood hazard areas, or mineral resource areas within the unincorporated areas of the County of Pueblo.

   B. Any person seeking to engage in development in any designated geologic hazard areas, wildfire hazard area, flood hazard area, or mineral resource area in the unincorporated areas of the County of Pueblo shall obtain a permit pursuant to these regulations before seeking any other permit, rezoning or other action by the Board of County Commissioners of the County of Pueblo.

17.152.050 Nonconforming uses.

   A. The provisions of this Chapter shall not apply to or affect any development described in Section 17.148.050 of the Administrative Regulations adopted by this County.

   B. The provisions of this Chapter shall not apply to any nonconforming use existing on the date the area is designated or subjected to regulation, provided that, when such a nonconforming use shall be discontinued for six months or more, or a nonconforming structure is damaged or destroyed to the extent of at least fifty (50) percent of the appraised value thereof, any reuse, reconstruction or replacement of such structure shall be deemed a new use and shall be subject to the provisions of these regulations.

17.152.060 Relationship to other requirements.

   A. Nothing in these regulations shall be construed as exempting an applicant for a permit from any other requirements of this jurisdiction or other State or federal laws and regulations.

   B. To the extent that the requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply.

 

17.152.070 Permit required.

   No person shall engage in any development or activity, including any permitted or conditional use, in any designated natural hazard area or mineral resource area without a permit.

17.152.080 Hazard and resource initial control area.

   A. The provisions of this Section apply to each natural hazard or mineral resource initial control area shown on the map or maps listed in Article 3 of this Chapter.

   B. The Board of County Commissioners finds and declares that:

   1. Within each such area natural hazard areas and mineral resource areas exist, but their extent has not been determined by thorough, detailed, technical studies;

   2. The natural hazard areas and mineral resource areas are of such significance that before any proposed development or activity may be permitted in any portion of such area, public health, safety and welfare require that the extent of the areas at site of the proposed development or activity must be determined.

   C. No person shall engage in any development in any such natural hazard or mineral resource initial control area without a permit. Any application for a permit to conduct a development in a natural hazard or mineral resource initial control area shall not be considered complete or be accepted unless and until it is accompanied by the results of any studies needed to determine whether the proposed development is located in a particular natural hazard or mineral resource area.

   D. The necessary studies referred to in Section 17.152.080(C) may be financed by this jurisdiction, the applicant for a permit, or otherwise.

   E. Upon completion of the study of the area, the Administrator shall inform the applicant in writing whether the site of his or her proposed development or activity lies within any of the following:

   1. An avalanche area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   2. A landslide area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   3. A rock fall area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   4. A mudflow area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   5. An unstable or potentially unstable slope area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   6. A seismic effect area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   7. An area of radioactivity, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   8. A ground subsidence area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   9. An expansive soil or rock area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   10. A wildfire hazard area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   11. Floodplain Hazard Areas repealed on March 27, 1986;

   12. A mineral resource area, in which case further processing of the application shall be governed by Sections 17.152.120(A) and (B);

   13. None of the above, in which case none of the provisions of Section 17.152.120 shall have any further force or effect with respect to the permit application which prompted such study and determination.

 

17.152.090 Designation and regulation of natural hazard areas and mineral resource areas.

   The Board of County Commissioners having considered the intensity of current and foreseeable development pressures, applicable guidelines for identification and designation adopted and issued by the Colorado Land Use Commission, the guidelines and criteria for identification and land use control of natural hazard areas and mineral resource areas published by the Colorado Geological Survey, and the minimum criteria for the regulation of these areas published by the Colorado Department of Local Affairs on April 2, 1976, it is the order of this Board that all natural hazard areas, mineral resource areas, and initial control areas within the unincorporated areas of the County of Pueblo delineated on the Pueblo County Natural Hazard Area Map(s) and Mineral Resource Area Map(s), which maps are presently available for public inspection in the offices of the Pueblo County Planning and Development Department, and the Pueblo County Clerk and Recorder, are designated as areas of State and local interest and that these areas are subject to these regulations. The areas designated concurrently with the adoption of these regulations shall have indicated on said map(s) the data of said designation. Hereafter, when and if additional natural hazard, mineral resource, and initial control areas are added to said map, such new areas as shown on the amended map shall have indicated in each new area the date of each such designation.

 

 

17.152.100 Procedural requirements.

   The procedures concerning permit applications and all other procedures in connection with permits are set forth in Chapter 17.148 of Title 17, as well as in Title 16, Title 17--Division 1--Zoning, and the Pueblo County Building Code.

17.152.110 Application fee.

   Application for a permit to engage in development in a designated natural hazard area or mineral resource area shall be accompanied by nonrefundable, certified funds in the amount of not more than ten (10) percent of the total cost of the development, or such lesser amount which may be required by the permit authority sufficient to cover the costs incurred in the review and approval of the permit application, including all hearings conducted therefore.

17.152.120 Applicant’s submission requirements.

   Applicants seeking to engage in development in a natural hazard area or a mineral resource area shall:

   A. Meet the submittal requirements under the "Preliminary Plan" portion of the Pueblo County Subdivision Regulations if the proposal is for the establishment of a subdivision;

   B. Meet the requirements of Chapter 70 of the Uniform Building Code, 1973 Edition, if the proposal requires a map amendment, but not subdivision review, under the Pueblo County Zoning Resolution (as amended).

   C. Qualifications of Investigators.

   1. All geologic maps and reports prepared under this regulation shall be prepared by, or under the responsible direction of, and signed by a professional geologist (as defined by Chapter 51, Article 3, C.R.S. 1973, as amended) who has a minimum of two years’ experience in the specialty of "engineering geology."

   2. All engineering work prepared under the requirements of this regulation shall be prepared by or under the responsible charge of a registered professional engineer as defined in Chapter 51, Article 1, C.R.S. 1973, as amended. Such engineer shall also be experienced and competent in the engineering specialty required to meet the objectives of this regulation.

   D. Waiver of Submission Requirements.

   1. The permit authority may waive any part but not all of the submission requirements imposed by this regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the permit authority, upon a written determination that the information to be submitted is sufficient for the permit authority to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area.

   2. The petition shall be considered and the decision rendered by the permit authority at a public hearing held in compliance with the provisions of Section 17.148.260.

17.152.130 Approval of permit application.

   The permit authority shall approve an application for a permit to engage in development of natural hazard area or mineral resource area only if all of the following criteria are met:

   A. Natural Hazard Area and Mineral Resource Area.

   1. All of the provisions of the permit application procedure have been complied with.

   2. The development will not violate any of the applicable prohibitions, restrictions, or purposes set out in Article 1 of this chapter.

   3. The development will not otherwise violate the purposes and intent of these regulations.

   4. Any development in which residential activity is to take place will be designed so as to minimize significant hazards to public health and safety or to property.

   5. Provision is made for disclosure, prior to sales, of all natural hazard and mineral resource areas and mitigation procedures undertaken and for attaching a delineation and description of the natural hazard area and mineral resource area and mitigation measures to all deeds, titles, and recorded documents involving a transfer of ownership of the subject land.

   6. Structures designed for human occupancy and sites designed for human use shall be constructed so as to prevent danger to human life or property.

   B. Geologic Hazard Areas.

   1. Provision shall be made for the long-term health, welfare and safety of the public from geologic hazards to life, property, and associated investments.

   2. Permitted land uses, including public facilities, which serve such uses shall avoid or mitigate geologic hazards at the time of initial construction.

   3. Man-made changes shall not initiate or intensify adverse natural conditions within a geologic hazard area.

   4. Recommendations concerning the proposed development in the designated geologic hazard area by the Colorado Geological Survey shall be solicited and considered. The Colorado Geological Survey shall be allowed no less than twenty-four (24) days in which to respond to such referrals;

   C. Wildfire Hazard Areas.

   1. Any authorized development will have adequate roads for service by fire trucks, fire-fighting personnel, and other safety equipment, as well as fire breaks and other means of reducing conditions conducive to fire.

   2. All precautions required to reduce or eliminate wildfire hazards will be provided for at the time of initial development.

   3. The development will adhere to the guidelines and criteria for Wildfire Hazard Areas promulgated by Colorado State Forest Service.

   D. Mineral Resource Areas.

   1. Importance of diverting future developments to areas which will not interfere with extraction of minerals.

   2. The need to permit extraction or exploration of minerals unless extraction or exploration would cause significant danger to the public health and safety.

   3. A comparison between the economic value of the minerals present as against the economic value of the proposed development.

   4. Procedures proposed for assuring that exploration and extraction of a mineral shall be carried out in a manner which will cause the least practical environmental disturbance.

17.152.140 Permit denial.

   The permit shall be denied if the development does not meet all of the criteria in Section 17.152.130 of these regulations.

 

17.152.150 Administration, enforcement and penalties.

   The provisions of this Chapter and any permits issued hereunder shall be administered and enforced according to the provisions of Chapter 17.148 adopted by this County.