Chapter 2: Regulation of Land Uses in Natural Hazard Areas: Floods, Fires, and Geology

Environmental regulation of real property encompasses not only manmade problems, but also natural hazards. Although the government can proscribe certain activities to prevent manmade pollution, the most the government can usually do to protect against natural hazards such as floods, fires and rockfall is to keep most development away from hazard areas so as to minimize the impact to people and property. Colorado law encourages local governments to designate and regulate natural hazard areas that pose risks from flooding, wildfires, and geologic hazards. It may be impossible to prevent floods, fires, rockfall, earthquakes, mudslides, and other natural hazards, but local governments can minimize the costs of cleaning up afterward by regulating or not allowing development in areas where they happen most often.

§ 2.1 Introduction
§ 2.2 Floodplains
§ 2.3 Wildfire Hazard Areas
§ 2.4 Geologic Hazard Areas

STEPHEN A. BAIN, ESQ.
Welborn Sullivan Meck & Tooley, P.C.

Stephen A. Bain is a shareholder with Welborn Sullivan Meck & Tooley, P.C. in Denver. Steve’s practice focuses on environmental and natural resources law, including representation of oil and gas companies. After practicing environmental law with Holland & Hart in Denver for five years, he and his wife moved to the Black Triangle region of the Czech Republic for two years to work as environmental management consultants for the Czech Ministry of Environment. Steve joined Welborn Sullivan Meck & Tooley’s office in Almaty, Kazakhstan in 1997, where he worked on oil, mining and environmental issues, before returning to Denver in 1999. He has spoken on a variety of environmental topics and taught international petroleum law as an adjunct professor at the University of Denver Sturm College of Law. Steve has a bachelor’s degree from Yale University and a law degree from Cornell Law School.


WILLIAM M. STENZEL, ESQ.
Colorado River Water Conservation District

Will Stenzel is a staff attorney of the Colorado River Water Conservation District in Glenwood Springs, Colorado. He has also worked as a law clerk and associate attorney at Welborn Sullivan Meck & Tooley, P.C. in Denver, Colorado. Will has a B.A. in English from Carleton College and received his J.D. from the University of Colorado Law School, where he was an associate editor of the law review.