Environmental Rules in Loveland, CO: What Residents Actually Need to Know

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.

Flood Elevation Requirements

New and substantially improved buildings in Loveland's floodway and flood fringe zoning districts must set their lowest floor at the city's "regulatory flood protection elevation," defined as 1.5 feet above the base (100-year) flood elevation. The Public Works Department Stormwater Division administers floodplain development permits and can grant variances only on a showing of hardship.

Key details: Required freeboard: 1.5 feet above base flood elevation. Base flood: 1% annual chance (100-year) flood. Applies in: FW floodway and FF flood fringe districts. Permit administrator: Public Works Stormwater Division. Critical facility standard: 2 feet above regulatory flood datum.

Chapter 15.14 does not carry its own penalty clause; building in the FW or FF districts without the § 15.14.030 floodplain development permit, or below the § 15.14.020 regulatory flood protection elevation, is enforced through the Municipal Code's general penalty at § 1.12.010 and blocks issuance of a building permit, since the adopted Building Code (§§ 1612.4, R109.1.3.1) requires an elevation certificate tied to Chapter 15.14 compliance before construction proceeds.

Erosion Control

Loveland requires a Stormwater Quality Permit from the city's Public Works Department before any land disturbance of one-half acre or more, or smaller parcels within a larger development plan reaching that threshold. Builders must post Performance Security covering estimated erosion-control costs plus a 15 percent contingency, and install Best Management Practices such as silt fence and inlet filters before grading begins.

Key details: Permit threshold: 1/2 acre or more of disturbed land. Enforcing agency: Public Works Stormwater Utility Division. Security required: Cash deposit/letter of credit + 15% contingency. Temporary BMP removal: Within 14 days after stabilization. Penalty: Misdemeanor under § 1.12.010.

Violating a Stormwater Quality Permit, an approved SWMP, or Chapter 13.20 is a misdemeanor under Loveland Municipal Code § 1.12.010. The city can issue a compliance order giving 24 hours to fix an illicit discharge or unmaintained BMP, post a stop-work order that halts all site activity until lifted in writing, or suspend or revoke the permit outright. If the responsible party misses the compliance deadline, the city can enter the property, perform the erosion-control work itself, and bill the cost against the Performance Security or the Permittee directly.

Stormwater Management

Loveland's stormwater utility, created under Chapter 13.18 of the Municipal Code, designs, builds, and maintains the city's drainage system. Every parcel containing an impervious surface pays a stormwater utility fee set by city council resolution, and any new stormwater facility that will connect to the city system must meet the City of Loveland Storm Drainage Criteria and Storm Drainage Standards before the city accepts it.

Key details: Utility created: Water/wastewater dept., Ch. 13.18. Fee basis: Every parcel with an impervious surface. Investment fee: Charged per acre of new development. Master plan: WRC Engineering plan, May 15, 1986. Design standards: Storm Drainage Criteria & Standards.

Unpaid stormwater utility fees and system investment fees become a lien against the property under Sections 13.18.070 and 13.18.110, running from the billing date until paid. If a customer does not pay when due, the city clerk can certify the delinquent charges to the Larimer County Treasurer, and the county collects them the same way it collects property taxes, alongside any interest and penalties the city adds administratively.

Flood Zones

Any grading, filling, dredging, utility work, or construction inside Loveland's Floodplain Overlay Zone needs a City floodplain development permit first. The zone tracks Larimer County's FEMA Flood Insurance Rate Map dated February 6, 2013, and the floodway itself bars most new structures outright.

Key details: Governing law: UDC § 18.09.03, Floodplain Regulations. Permit required: All development in the Floodplain Overlay Zone. Map basis: FEMA FIRM for Larimer County, dated 2/6/2013. Floodway uses: Agriculture, recreation, wildlife only, by right. Manufactured homes: Barred entirely in the FP-FW floodway zone.

Floodplain violations are enforced under UDC Chapter 18.18. Civil remedies under § 18.18.03.01 include fines up to the maximum Colorado law or the Municipal Code allows, declaratory judgment, abatement, and injunctions; a criminal conviction under § 18.18.03.02 carries a fine up to the Municipal Code maximum, up to one year in jail, or both, with each day of a continuing violation treated as a separate offense under Municipal Code § 1.12.010.

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

The Bottom Line

Loveland's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Loveland is broadly strict or permissive.

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.