How Westminster Handles Environmental Rules: A Practical Guide

Westminster maintains 97 local ordinances across all categories, and 4 of those deal specifically with environmental rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Westminster falls on the strict-to-permissive spectrum compared to other cities.

Flood Elevation Requirements

Westminster requires new construction in a mapped floodplain to elevate the lowest floor one foot above the base flood elevation, and three feet above grade in AO zones, under Section 11-8-13(B) and the freeboard definition in Section 11-8-2.

Key details: Governing sections: W.M.C. Sections 11-8-2, 11-8-13(B). Freeboard requirement: 1 foot above BFE (known-BFE areas). Unknown-BFE areas: 2 ft above nearest street gutter flowline. AO zones: 3 ft above grade or depth+1 ft. Applies to: New construction & substantial improvements.

Constructing or substantially improving a structure below the required one-foot BFE freeboard, or below the AO-zone elevation standard, without an approved floodproofing certification violates Section 11-8-13 and is subject to the Floodplain Administrator's permit review and denial under Subsection (J), with variances available only from the Director of Community Services or City Council on a showing of exceptional hardship under Section 11-8-18.

Stormwater Management

Westminster requires erosion and sediment controls on any land-disturbing activity and bans illicit discharges into its storm sewer system under Code Chapter 11, backing the rules with civil penalties up to $1,000 per violation per day.

Key details: Permit trigger: Land disturbance of 1 acre or more. Illicit discharge: Banned into MS4, § 8-11-8(A). Administrative fine: Up to $1,000 per violation per day. Judicial civil penalty: Up to $1,000 per violation per day. Admin appeal deadline: 10 days, with fine paid in full.

A stormwater violation can draw an administrative fine up to $1,000.00 per violation per day under Section 8-11-10(G)(1), W.M.C., a separate judicial civil penalty up to $1,000.00 per violation per day under Section 8-11-11(B)(1), and criminal prosecution under Section 1-8-1, W.M.C. for willful or negligent violations. Administrative fines must be appealed in writing within ten days, with the fine paid in full.

Compared to other cities, Westminster takes a harder line on stormwater management. The enforcement and penalty structure reflects that.

Erosion Control

Westminster requires erosion and sediment controls on every land-disturbing project under Chapter 11 of Title VIII. Any grading, excavation or ground disturbance covering an acre or more needs a land disturbance permit and an approved stormwater management plan before work starts, and temporary best management practices like silt fence and inlet filters must go in before dirt moves.

Key details: Permit threshold: 1 acre or larger disturbance. BMP removal deadline: 14 days after stabilization. Maximum administrative fine: $1,000 per violation per day. Financial guarantee: 115% of BMP construction cost. Appeal window: 10 days after notice of violation.

The City Manager can issue a written notice of violation, order a compliance schedule, or call a show cause hearing under Section 8-11-10. Administrative citations run up to $1,000 per violation per day, and a violator has ten days to appeal the fine in writing with full payment. Unresolved violations can lead to a civil suit for up to $1,000 per day plus attorneys' fees, a discontinued storm sewer connection, or revocation of the land disturbance permit.

Flood Zones

Westminster requires a floodplain development permit for any construction in a special flood hazard area, bars storage of flammable or buoyant materials in a floodplain, and prohibits new residential lots platted entirely within the 100-year floodplain, under Section 11-8-13.

Key details: Governing section: W.M.C. Section 11-8-13. Permit trigger: Any construction in 100-year floodplain. New residential lots: Barred entirely within floodplain. Prohibited materials: Buoyant, flammable, explosive materials. Enforcing official: Floodplain Administrator.

Building or filling within a designated floodplain without first obtaining a floodplain development permit, or in violation of the material-storage and lot-platting restrictions of Section 11-8-13, is enforced by the Floodplain Administrator; appeals or variance requests go to the Director of Community Services and ultimately the City Council under Section 11-8-18, which requires a showing of good and sufficient cause and exceptional hardship before any variance can be granted.

This is one of the stricter rules in Westminster's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Westminster is tougher than many cities when it comes to environmental rules. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Westminster, 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 Westminster 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.