Subdivision: Manmade Structures Can Cause 'Natural Hazards'

Wednesday, February 13, 2013 12:00 am
Land Use Law Report, Volume 41, Number 2

A city code provision that requires mitigation when "geologic conditions" or "natural hazards" could adversely affect development applies to manmade structures like dams and waterway diversions.

Facts: In 1929, the City of Ouray, Colorado, diverted Skyrocket Creek to protect against severe flooding from rain and spring runoff. The creek descended from nearby mountains nearly 8,000 feet at an 80 percent grade. The City's basic diversionary plan has not changed since 1929, and the diverted creek still floods following heavy rain or spring melt, and it still deposits debris from the floodwaters.

In 2011, Alpenhof, LLC (Alpenhof) applied to subdivide property that is next to one of the c[..]


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