Loveland's Environmental Rules: The Rules That Matter

If you live in Loveland or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Loveland has 4 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Erosion Control

Construction sites in Loveland must install and maintain temporary erosion and sediment control BMPs to keep soil out of the MS4 and the Big Thompson River. Authority comes from LMC Chapter 13.20 (Stormwater Quality) and the Loveland Storm Drainage Criteria, which adopt the Mile High Flood District Urban Storm Drainage Criteria Manual Volume 3 Chapter 7 for BMP design. Sites disturbing 1/2 acre or more need a city Stormwater Quality Permit; sites of 1 acre or more also need the State CDPS Stormwater Construction Permit.

Key details: Governing Code: LMC Chapter 13.20 + Loveland Storm Drainage Criteria. BMP Standard: MHFD USDCM Volume 3 Chapter 7. City Permit Trigger: 1/2 acre disturbance. State Permit Trigger: 1 acre disturbance (CDPS). Common BMPs: Silt fence, wattles, VTC pad, inlet protection, washout.

Erosion control failures violate LMC Chapter 13.20 and are prosecutable in Loveland Municipal Court under the LMC general penalty provisions (Title 1). The city can issue a Stop Work order, require immediate stabilization at the responsible party's expense, and withhold Certificate of Occupancy until disturbed areas are stabilized. Sites 1 acre or more operating without an active CDPS Stormwater Construction Permit face additional CDPHE penalties of up to $10,000 per day under C.R.S. 25-8-608.

This is not one of those rules that cities tend to ignore. Loveland actively enforces its erosion control requirements.

Stormwater Management

Loveland's stormwater quality program is codified in LMC Chapter 13.20 (Stormwater Quality) and administered by the Public Works Department Stormwater Utility Division. The city operates under a Colorado Phase II MS4 General Permit (COR090000) issued by CDPHE. A Stormwater Quality Permit is required for any land disturbance of one-half (1/2) acre or more — or for smaller disturbances that are part of a larger common plan of development of one-half acre or more. The receiving water is the Big Thompson River and its tributaries.

Key details: Governing Code: LMC Chapter 13.20 Stormwater Quality. MS4 Permit: CDPHE Phase II Permit COR090000. City Permit Trigger: 1/2 acre disturbance (or common plan). State Permit Trigger: 1 acre disturbance (CDPS through CDPHE). BMP Standard: Mile High Flood District USDCM Vol. 3 Ch. 7.

Illicit discharges and Stormwater Quality Permit violations are enforced under LMC Chapter 13.20 and are prosecutable in Loveland Municipal Court under the LMC general penalty provisions (Title 1) — typically up to $2,650 in fines and/or 1 year in jail for municipal misdemeanors, with each day a separate violation. The city can issue a Stop Work order, require immediate stabilization at the responsible party's expense, withhold Certificate of Occupancy, and bill cleanup of receiving waters. Failure to maintain a CDPS Stormwater Construction Permit on a 1+ acre site exposes the operator to state CDPHE penalties of up to $10,000 per day under C.R.S. 25-8-608.

This is not one of those rules that cities tend to ignore. Loveland actively enforces its stormwater management requirements.

Grading & Drainage

Loveland reviews grading and drainage through Title 18 Unified Development Code plus the Loveland Storm Drainage Criteria (LSDC), which is an addendum to the Mile High Flood District Urban Storm Drainage Criteria Manual. New development must submit a Drainage Report demonstrating that on-site conveyance safely passes the 100-year event and historic runoff to adjacent properties is not increased. Sites disturbing one-half (1/2) acre or more also need a Stormwater Quality Permit under LMC Chapter 13.20.

Key details: Governing Code: LMC Title 18 UDC + LMC Ch. 13.20 + Loveland Storm Drainage Criteria. Design Storm: 100-year for conveyance and detention. Drainage Report: Required at Development Review. Sizing Criteria: Mile High Flood District USDCM Vol. 1-3. Detention: Limit post-dev. to historic rates (2-yr + 100-yr).

Grading or drainage work that deviates from the approved Drainage Report or development plans violates LMC Title 18 and conditions of the development approval; it is prosecutable in Loveland Municipal Court under the LMC general penalty provisions (Title 1). The city can issue a Stop Work order and the Certificate of Occupancy will not issue until as-built grading is verified to match the approved plan. Aggravating off-site flooding can also expose the property owner to civil liability to downstream neighbors under Colorado common-law drainage doctrines. Permanent Stormwater Quality Control violations are enforced under LMC Chapter 13.20 as described in the stormwater article above.

This is not one of those rules that cities tend to ignore. Loveland actively enforces its grading & drainage requirements.

Flood Zones

Loveland's floodplain regulations are codified in Title 18 Unified Development Code, Division 18.09.03 (Floodplain Regulations). The Big Thompson River runs through the heart of the city — the 1976 Big Thompson Canyon Flood killed 144 people and the September 2013 flood caused $35 million in damage in Loveland. Construction or development inside the FEMA Special Flood Hazard Area (SFHA) requires a Floodplain Development Permit issued by the city Floodplain Administrator. FEMA issued updated Flood Insurance Rate Maps for the Big Thompson corridor effective in 2022 after post-2013 re-mapping.

Key details: Governing Code: LMC Title 18 Division 18.09.03 Floodplain Regulations. Regulatory Standard: 100-year (1% annual chance) SFHA. Main Watercourse: Big Thompson River (1976 + 2013 floods). Effective FIRM: Updated FIRMs effective ~March 2022 (post-2013 remap). Floodplain Administrator: Kevin Gingery, P.E. — (970) 962-2771.

Building, filling, or grading in the SFHA without a Floodplain Development Permit violates LMC Title 18 Division 18.09.03 and is prosecutable in Loveland Municipal Court under the LMC general penalty provisions (Title 1). The city can issue a Stop Work order, require removal of unpermitted fill or structures, and withhold Certificate of Occupancy. Federal consequences are larger: non-compliant structures jeopardize Loveland's NFIP eligibility (and every Loveland flood-insurance policyholder), can trigger FEMA Section 1316 denial of flood insurance to the specific property, and can disqualify the owner from federal disaster assistance. Insurance carriers may also refuse or rate-up coverage on unpermitted floodplain construction.

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

The Bottom Line

Loveland is tougher than many cities when it comes to environmental rules. Out of the 4 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Loveland, 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 Loveland 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.