Floodplain Map Appeal Process

The Colorado Water Conservation Board (CWCB) has been partnering with FEMA and contractors to update the Delta County Risk Mapping, Assessment and Planning (Risk MAP) and Flood Insurance Rate Maps (FIRMS) for the county.  The progress and overview of the project can be viewed on the CWCB Hazard Mapping and Risk MAP portal. This work ensures communities have the best available data to manage their flood risk and protect families and properties. The Current FIRM update process was started back in November 2018 and the FEMA Appeals process starts January 30,2025.  The appeals process via FEMA will be open for 90-days and end on April 30, 2025.  Official notices were published by the State and FEMA  in the High Country Spotlight, Delta County Independent and Enterante Latino newspapers as well as the Federal Register. 

Additional notice of the Flood Hazard Determinations is available on the FEMA website. The purpose of the 90-day appeal process is to allow community officials and citizens the opportunity to appeal proposed flood hazard information on revised Flood Insurance Rate Maps (FIRMs) as posted to the FEMA website.  FEMA provided official notice to Delta County on January 30, 2025 of the start of the appeal process and noted the following about the appeals by residents of unincorporated Delta County:

During the 90-day appeal period following the second publication of the public notification in the above-named newspaper, any owner or lessee of real property in your community who believes his or her property rights will be adversely affected by the proposed flood hazard determinations may appeal to you, or to an agency that you publicly designate. It is important to note, however, that the sole basis for such appeals is the possession of knowledge or information indicating that the proposed flood hazard determinations are scientifically or technically incorrect. The appeal data must be submitted to FEMA during the 90-day appeal period. Only appeals of the proposed flood hazard determinations supported by scientific or technical data can be considered before FEMA makes its final flood hazard  determination at the end of the 90-day appeal period. Note that the 90-day appeal period is statutory and cannot be extended.

Flood Hazard Area Delineation (FHAD) studies are incorporated into the FIRMs through Risk MAP using the Physical Map Revisions (PMR) process. The PMR process results in physically revising and reprinting the affected FIRMs and portions of the accompanying Flood Insurance Study (FIS) report. Communities in Delta County (except for Crawford which has no effective or new flood maps) have received the PMR preliminary FIRM panels showing new or revised flood hazard information - such as Base Flood Elevations (BFEs), floodways, Special Flood Hazard Areas (SFHAs), or zone designations.

Download the Preliminary FIRM Maps for Delta County to review the maps to determine if your property was added to the floodplain or floodway.  If you feel information is incorrect and have specific and verifiable information which is different than the data used by the State and their engineer consulting firm to generate the preliminary Flood Insurance Rate Map (FIRM) you may appeal to FEMA to request the map be updated.  FEMA has prepared a PDF document called "Guidance for Flood Risk Analysis and Mapping: Appeal and Comment Processing." We recommend anyone wishing to file an appeal review this document for the requirements to submit an appeal.

 Communities and property owners are encouraged to review the proposed FIRMs before they becomes effective. The appeal period for unincorporated Delta County starts on January 30, 2025 and ends April 30, 2025. Within this 90-day period, community officials and property owners who disagree with the proposed flood hazard information shown on the preliminary FIRMs or in the accompanying preliminary FIS report may make a formal submittal of technical and/or scientific data to support an appeal. 

Appeal packages must be submitted during the 90-day appeal period in order to be considered. 

What is considered an appeal by FEMA?

To be considered an appeal, a submittal to the local floodplain administrator must: 

• Include data that documents the proposed flood hazard information (e.g. new or modified Special Flood Hazard Area (SFHA), base flood depths and/or floodway boundaries) is scientifically incorrect, technically incorrect, or that an indisputable mathematical or measurement error or changed physical condition has occurred; 
• Include the required revisions to the FIRM and/or FIS report (e.g. boundaries of revised floodplains, BFEs, floodway boundaries) ; and 
• Be received during the statutory 90-day appeal period. 

Analyses and data submitted in support of an appeal must be certified by a registered professional engineer or licensed land surveyor as appropriate.  For more information on what is required to submit a comment or appeal to FEMA Region VIII, please view this Appeal Process PDF. 

Appeals Process for Delta County:

1. Residents who wish to appeal the FIRMs for their property must prepare an appeal package or a Letter of Map Revision (LOMR).  This document will help to explain the procedures for determining the appropriate process. The sole basis of an appeal must include information indicating that the proposed flood hazard determinations are scientifically and/or technically incorrect and should be amended. Note - Appeals without scientific and technical evidence refuting the FIRM will not be accepted. 
2. LOMR Requests and Appeals must be submitted in writing to your local Floodplain Administrator for the jurisdiction where the property that you are appealing is located.  Please see the list of floodplain administrators below.  Please note that the Delta County Planning Department will only accept Appeals from residents/business owners in unincorporated Delta County.  If you live in the City of Delta, or a local town, you must contact that floodplain administrator or your appeal will be rejected. 
3. Upon receipt of appeal packages, the local floodplain administrator will review submitted information to ensure it is complete. If complete the floodplain administrator will prepare a submittal package and submit it to the FEMA Region 8 in Denver for consideration.  
4. FEMA will acknowledge receipt of any appeals letters and will then review the submitted appeal.  Floodplain staff at FEMA Region 8 in Denver will review all appeals for Delta County communities and determine whether the appeal(s) submitted meet requirements for a valid appeal or comment.  More information may be requested from the individual who submitted the appeal.  
5. If the appeal is found to be valid with confirmed data, the changes will be incorporated into the Preliminary FIS/FIRM map.  If the appeal is not valid, no changes will be mailed and a letter of notice will be provided to the community and a 30 day comment period will open to allow for comments back to FEMA on the revised products.  If no comments are received the process to adopt the FIRMs will move forward. If additional data is received within the 30-day comment period and that is incorporated into the FIS/FIRM map and changes results about flood hazards, a new 90-day appeal window will open for the community.  

Resources:

• Letters of Map Revision (LOMRs): learn more on FEMA's website. 
• LOMRs for Colorado Communities. 
• National Flood Insurance Program website
• Appeals and Comments - required support data and documentation  (PDF document from FEMA)

Comment/appeal process timeline: Please see the Criteria for Appeals for Flood Insurance Rate Maps (FIRMs) to contribute to the appeal process. Appellants who contend that the flood hazard determinations (FHDs) are incorrect because better methodologies or data could have been used must provide an alternative technical analysis. It should incorporate such methodologies, assumptions, or data. It should also quantify their effect on the FHDs. 

All appeals must be submitted in writing to the County Floodplain Administrator, Shawn Gardner, at 970-874-2110 for initial processing. Thank you for your cooperation and attention to this important matter.

Delta County Floodplain Administrators:

• Unincorporated Delta County 
  • Delta County Planning Department  
  • Planning Director & Floodplain Administrator Shawn Gardner 
  • 295 W 6th Street - Delta, CO 81416 
  • 970.874.2110 | scgardner@deltacountyco.gov 
• City of Delta 
  • City of Delta Planning
  • Raini Ott - Floodplain Administrator 
  • 360 Main Street - Delta, CO 81416 
  • 970.323.4335 | raini@dynamicplanning.co 
• Town of Cedaredge 
  • David Torgler - City Administrator & Floodplain Administrator 
  • 970.856.3123 x 6
  • dtorgler@cedaredgecolorado.com 
• Town of Crawford 
  • Bruce Bair - Public Works Director & Floodplain Administrator 
  • 970.730.1274 
  • crawfordpublicworks@gmail.com 
• Town of Hotchkiss 
  • Marvin Jackson - Public Works Director & Floodplain Administrator 
  • Hotchkiss Town Hall - 276 W Main Street - Hotchkiss, CO 81419
  • 970.872.3694
  • m.jackson@townofhotchkiss.com 
• Town of Paonia 
  • Cory Heiniger - Public Works Director & Floodplain Administrator 
  • Paonia Town Hall 
  • 970.417.6820
  • coryheiniger_PW@townofpaonia.com