Environmental Rules in Arvada, CO

If you live in Arvada or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Arvada has 5 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Erosion Control

Any land disturbance of 0.5 acres or more in Arvada needs a site disturbance permit under Section 50-51, backed by an erosion and sediment control (ESC) plan and cash escrow or letter of credit. Permittees must inspect BMP and erosion controls at least every 14 days, and within 24 hours after any storm, wind, or snowmelt event that causes surface erosion, under Section 50-57.

Key details: Permit trigger: 0.5 acres or more of land disturbance. Site disturbance cap: 60 acres per site absent director approval. Inspection frequency: Every 14 days, plus after storms/snowmelt. Financial security: Cash escrow or letter of credit required. BMP removal deadline: Within 14 days of final stabilization.

Section 50-73(a) makes it unlawful to construct, enlarge, alter, repair, or maintain any grading, excavation, or fill without a site disturbance permit, or contrary to the permit's terms or conditions. Section 50-75 punishes that and other Chapter 50 violations, including the false-statement, inspection-refusal, and BMP-maintenance failures listed in Section 50-74, with a fine or imprisonment up to the limits in Section 1-5 of the Arvada City Code, with each continuing day a separate offense.

Flood Elevation Requirements

New homes and substantial improvements in Arvada's Regulatory Floodplain must set the lowest floor, including the basement and mechanical equipment, at least two feet above the base flood elevation. Nonresidential buildings can meet a lower one-foot freeboard or flood-proof instead, both requiring a Floodplain Development Permit.

Key details: Residential freeboard: 2 feet above base flood elevation. Nonresidential freeboard: 1 foot above base flood elevation, or flood-proof. No data default: 4 feet above highest adjacent grade. Permit required: Floodplain Development Permit, § 8-3-5-6. Adopted FIRMs: Jefferson Co. 1/15/2021; Adams Co. 9/28/2018.

Building below the required freeboard, or beginning construction in the Regulatory Floodplain without a Floodplain Development Permit, is enforced by the Floodplain Administrator under the Code's general penalty provision, Sec. 1-5: a fine of up to $2,650.00, imprisonment up to 364 days, or both, with each day of noncompliance treated as a separate offense. A property owner denied a permitted use may appeal through the Floodplain Variance process in Section 8-3-11-6 or through Administrative Appeals under Section 8-2-5.

Compared to other cities, Arvada takes a harder line on flood elevation requirements. The enforcement and penalty structure reflects that.

Stormwater Management

Arvada regulates its municipal separate storm sewer system (MS4) under Chapter 50, Article II, making it unlawful to discharge or spill anything but naturally occurring stormwater runoff into the MS4. Fourteen listed exceptions cover things like uncontaminated groundwater and CDPS-permitted discharges, and the public works director enforces the article with inspections, compliance orders, and criminal penalties under Section 50-72.

Key details: Core prohibition: No discharge but natural stormwater into MS4. Legal authority: Home rule powers, C.R.S. tit. 31 arts. 15, 35. Listed exceptions: 14 categories, e.g. car washing, street sweeping. Enforcement tool: Director right of entry, warrant if refused. Penalty: Fine/imprisonment, § 1-5; each day separate offense.

Section 50-75 punishes a violation of the drainage and stormwater article by a fine or imprisonment not to exceed the limits set in Section 1-5 of the Arvada City Code, and treats every day a violation continues as a separate offense. The director can pursue that criminal penalty alongside other remedies, such as a compliance order under Section 50-36 or a lien against the property for abatement costs under Section 50-37.

Flood Zones

Arvada requires a Floodplain Development Permit before any construction, fill, or storage of materials in a Special Flood Hazard Area, and new residential structures must set their lowest floor at least two feet above the base flood elevation. Division 4-1-2 of the Land Development Code implements this under authority the state legislature delegated in C.R.S. Title 29, Article 20.

Key details: Permit required: Floodplain Development Permit for SFHA construction/fill. Residential freeboard: Lowest floor 2 feet above base flood elevation. Nonresidential freeboard: 1 foot above base flood elevation, or flood-proofed. Floodway: No development that raises base flood levels. Appeals: Floodplain Hearing Officer hears appeals and variances.

Building, filling, or storing materials in the Regulatory Floodplain without an approved Floodplain Development Permit violates Division 4-1-2 and Section 10-1-2-1 of the LDC. Enforcement runs through Section 10-1-2-2: a misdemeanor conviction after notice of violation carries a fine up to $2,650 or up to 180 days' imprisonment under Section 1-5, and each day the unpermitted floodplain work continues counts as a separate offense.

This is not one of those rules that cities tend to ignore. Arvada actively enforces its flood zones requirements.

Vehicle Idling Restrictions

Arvada bars idling any vehicle over 10,000 pounds gross weight, or its attached auxiliary equipment such as a refrigeration unit, for more than ten consecutive minutes while standing in a residential district, whether on a public street or on private property outside a fully enclosed structure.

Key details: Weight threshold: Over 10,000 lbs gross vehicle weight. Time limit: 10 consecutive minutes. Where it applies: Residential districts only. Exempt location: Inside a fully enclosed structure. Enforcing agency: Arvada Police Department.

A driver or owner cited under Section 38-62(11) faces the citywide general penalty of Section 1-5, imported through Section 38-33: up to $2,650.00 in fines, up to 364 days in jail, or both, for each offense. Because Section 1-5(d) treats every day of a continuing violation as a separate offense, a truck left idling past ten minutes on successive days can generate a new citation each day the Arvada Police Department documents the standing vehicle.

The Bottom Line

Arvada is tougher than many cities when it comes to environmental rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Arvada, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Arvada can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.