Archuleta County Planning Manager Melissa Ryan recently provided the Board of County Commissioners (BoCC) with some updates following the October flooding and discussing a situation with a constituent altering the river along the Lower Blanco.
During a work session held on Dec. 4, Ryan explained that her role as planning manager also entails being the county’s floodplain manager, and she is responsible for performing damage assessments.
Ryan noted that her department has regulatory oversight in making sure that all the work done in floodplain zones meets the county’s standards in its land use regulations (LURs), which match state and federal regulations.
“So, we also help residents,” she said, explaining that if work being done requires a permit, the planning department helps constituents understand the requirements.
For a period of time following the October floods, the county issued emergency floodplain permits.
Ryan explained that the county was requiring an emergency floodplain permit for “any kind of work” in a floodplain, “and that includes county property.”
She noted that included roads and culverts located within a Federal Emergency Management Agency (FEMA) designated floodplain.
Ryan reiterated that if any work being done is located in a FEMA-designated floodplain, then “it has to come through our office.”
She also noted that, from working with the county’s Road and Bridge manager, so far no culverts have needed to be replaced and there are “not really” any roads in designated floodplain areas the county needs to repair, other than maybe one bridge.
Ryan went on to explain that part of the damage assessment is determining if damage to a home is 50 percent or more of the value of the home and, if it is, “then it would have to bring the entire home up to the floodplain standards.”
She noted that damage includes things such as the anchoring of the home, structural hardening and meeting electrical distance requirements.
Ryan then indicated that, so far, no home has met that level of damage.
“So, we’re pretty lucky,” she added.
Ryan also explained that issuing temporary floodplain permits “was like a totally new thing” for the county, and that there was really no policy or procedure set in place for that.
Ryan explained that a temporary permit was issued to greenlight emergency sewer repairs in the San Juan River Village, with the subdivision’s systems damaged by the October floods.
She also noted that once the emergency stage has passed, any other work being done in a floodplain “is going to need to get just the standard permit.”
Ryan also explained that, “anything that’s done in the river will require Army Corps permitting.”
Reiterating the importance of the floodplain program, Ryan stated, “we have these regulations in order to participate in the National Flood Insurance Program,” explaining it is important for the county to “keep track and record everything that’s being done” and that it is done according to standards.
Ryan mentioned that anything being done in the river that is not in compliance with the regulations and standards would put the county at risk with the National Flood Insurance Program.
“If we don’t do that, we’re at risk of being suspended from the program, or dropped from the program,” she said, noting it also could put the county at risk for other federal grants as well.
Ryan indicated that “there is some work being done” and that the county has contacted property owners notifying them that a permit is needed.
“The sheriff is sort of aware,” she added, noting that she is coordinating with other county departments to “keep an eye out” and helping make sure that work is being permitted correctly.
Commissioner Warren Brown asked for clarification on that “if we’re not in compliance as a county, then that could preclude homeowners in our county from being able to obtain insurance who are in floodplains,” which Ryan confirmed could happen.
Commissioner John Ranson then brought up a situation with a property located along the Lower Blanco with a property owner putting “rocks and stuff up” that has “basically shifted the river.”
He added that, as far as he knows, they are not permitted.
Ranson asked if the county needs to be aware of the situation, or if it is something the Army Corps of Engineers needs to deal with, noting he has also asked the county attorney about the matter.
“I keep getting passed back and forth between the county’s responsibility and the Army Corps of Engineers, but it seems to me that somebody living along the river can not go in there and put boulders that’s gonna make the other side of the river flood, which is what happened this time,” Ranson said.
Ryan indicated that her thought on the matter is that it is both the county’s and Army Corps of Engineers’ responsibility.
Ryan indicated that the county sent a letter to the property owner and that the Army Corps of Engineers has also reached out to the property owner.
Ranson commented that the Army Corps of Engineers had visited the property, but the gate was locked “and they left.”
Ranson also expressed that something needs to be done, and whether it is the county’s responsibility or not, the county could at least help with the matter.
County Manager Longinos Gonzalez also expressed the importance of having proper guidance when doing any work in a floodplain.
“Before you start doing mitigation in a floodplain … you need to ask what proper guidance from either the county or the city needs to be,” he said, explaining they do not want people to start doing work that may not be reimbursable, “or may be a violation of law.”
Ryan noted the situation with the Lower Blanco property has been going on for about a year now.
Later in the work session, Ranson commented on the matter again, stating, “I really believe we gotta get to the bottom of that.”
He added, “I think the county has liability.”
Ranson went on to state that the river moved in that area with the flooding events that occurred in October “because of this.”
Ranson also described the situation as “kind of crazy,” expressing concern that liability might fall back onto the county.
“Bare minimum, I think we at least gotta enforce the rules,” he said.
clayton@pagosasun.com
>