Subsection III - Predisaster Mitigation

Section 260: Standards for Hazard Areas

260.1 Intent

The intent of this Section is to protect all uses, Town residents and their property, through identification and requirement of appropriate construction activity in areas where natural hazards exist so the development is sufficiently engineered to not become and/or present a hazard.

260.2 Other Regulations

This Section applies along with all other Town and State land use regulations.  If a provision of any other land use regulation conflicts with this Section, the most restrictive shall apply.

260.3 Description of Hazard Areas

Hazard areas regulated by this Section include all areas that are or may become hazardous due to environmental conditions.  Hazards include but are not limited to wildfire, avalanche, landslide, rock fall, floodway and/or plain, mud flow and debris fan, unstable or potentially-unstable and/or very steep slopes, seismic effects, radioactivity, ground-subsidence, and expansive soil and rock.

260.4 Restrictions on Development

Development proposed within an area that is or has the potential to manifest into a natural hazard may be disallowed if the development is not designed and built in a manner to adequately mitigate the identified hazard or the hazard that could result in such area if the development feature is not properly engineered.  Hazard areas and hazard conditions posed by the features of a development proposal should be identified as early in the development review process as possible.  At the earliest possible point when information on the development is available the administrators will consult sources of information such as but not limited to the hazard map(s) to help determine if hazards and/or hazardous conditions will result or exist.  As soon as reasonably practicable the administrators will discuss potential hazard areas and hazard issues with the applicant.  A strategy to mitigate all identified hazards and or conditions that may result from features of the development shall be determined and agreed upon with the administrators prior to the first public hearing on the project or before a building permit is issued.  Appropriate development agreements shall be drawn up for mitigation activities as necessary.

260.5 Classification of Hazards

For purposes of administration hazard areas can be defined using all reasonable and objective sources of information for the differing types of hazards and/or conditions.  Hazards are valid only in areas where it can be objectively established that the identified hazard exists.

260.6 Post Approval Requirements

No variances are allowed from the provisions of this section of the LUC.