Commerce City, CO Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Standard structures
- 1 foot above base flood elevation
- Critical facilities
- 2 feet above base flood elevation
- Alternative
- engineer-certified watertight flood-proofing
- Applies to
- lowest floor including basement
- Governing section
- LDC Sec. 21-4400(7)
Summary
Where a nonresidential structure is allowed in Commerce City's floodplain, Land Development Code Sec. 21-4400(7) requires its lowest floor, including any basement, to sit at least one foot above the base flood elevation, or to be flood-proofed watertight to that height, and critical facilities must clear two feet above base flood elevation instead.
(7)Structures.(a)Generally. Residential structures are prohibited in the floodplain. Nonresidential structures, if permitted, shall either have the lowest floor (including the basement) elevated to one foot above the base flood elevation or, together with the attendant utility and sanitary facilities, comply with the following standards:(i)Be flood-proofed so that below the required elevation the structure is watertight with walls substantially impermeable to the passage of water;(ii)Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and(iii)Be certified by a licensed engineer or architect that the design and method of construction are in accordance with the accepted standards of practice for meeting the provisions of this code. ... (b)Critical Facilities.(i)No new, substantially improved, or additions to critical facilities shall be permitted in the floodplain unless the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, are at least two feet above the Base Flood Elevation.
Full Breakdown
Sec. 21-4400(7) of Commerce City's Land Development Code sets the elevation standard for structures the floodplain overlay district does allow. Since residential structures are prohibited in the floodplain outright, the freeboard requirement applies to permitted nonresidential structures: their lowest floor, including any basement, must either be elevated to one foot above the base flood elevation, or, together with attendant utility and sanitary facilities, be flood-proofed so the structure is watertight below that elevation with walls substantially impermeable to water. A flood-proofed structure must also have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy, and a licensed engineer or architect must certify to the floodplain administrator that the design meets accepted standards of practice.
Critical facilities face a stricter freeboard: Sec. 21-4400(7)(b) requires their lowest floor or floodproofing, together with attendant utility and sanitary facilities, to sit at least two feet above the base flood elevation, and new critical facilities must have continuous, non-inundated access for evacuation and emergency services during a 100-year flood event where practicable. Sec. 21-4400(9) applies a parallel one-foot freeboard rule to structures on land removed from the floodplain by fill, measured against the base flood elevation that existed before the fill was placed, for both the lowest floor and mechanical, electrical, heating, and plumbing equipment.
Violations & Fines
Constructing or substantially improving a nonresidential structure in the floodplain overlay district without meeting the one-foot freeboard, or a critical facility without the two-foot freeboard, required by Sec. 21-4400(7), is a permit violation enforceable under Sec. 21-3213 and the land development code's general compliance article, Sec. 21-10060. That ties to the municipal code's Sec. 1-3003 penalty: a misdemeanor fine up to the C.R.S. Section 13-10-113 cap or up to 364 days in jail.
Frequently Asked Questions
How high above the base flood elevation must a building's lowest floor sit?
Do critical facilities like fire stations get a different freeboard?
What if my lot was filled to remove it from the floodplain?
Sources & Official References
Other rules in Commerce City
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Flood Elevation Requirements in Nearby Cities
How other cities in Adams County handle flood elevation requirements.