BLACK FOREST
FIRE
Regulatory Issues for
Rebuilding
Development Services Department
Information Locations
County main page
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http://www.elpasoco.com/Pages/default.aspx
DSD web page
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http://adm.elpasoco.com/Development%20Services/Pages/default.aspx
Regional Building web page
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http://www.pprbd.org/
Public Health web page
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http://www.elpasocountyhealth.org/
Environmental Division
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http://adm.elpasoco.com/Environmental%20Division/Pages/default.aspx
Background
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The western portion of Black Forest was first zoned in 1955. The eastern portion in
1965
Building permits were not required until zoning went into place
The majority of the fire area is zoned RR-5, which has required 5 acres since the
original zoning
Approximately 40% of the destroyed homes were on lots less than 5 acres
Damages occurred on land zoned RR-5, A-5, RR-2.5, RS-20,000, and PUD
RR-5 and A-5 zoning allows site built homes, post-1976 mobiles, or manufactured
homes
RR-2.5, RS-20000, and PUD do not allow mobile homes
Much of the area is not platted into lots, therefore property boundaries may be difficult
to find
Residential zoning allows home occupations, but not full businesses
In recognition of the hardships caused by the disaster the Board has suspended
portions of the El Paso County Land Development Code
SPECIFIC LDC STANDARDS SUSPENDED FOR BLACK
FOREST DAMAGED OR DESTROYED PROPERTIES
5.2.1(F) No longer must have a principal structure before approval of an accessory
structure. Accessory building can be constructed first or concurrently.
5.2.1(K) No longer have an accessory structure size limitation
5.2.49 Post 1976 Mobiles and RV’s can now be used for temporary housing for 12
months without having house plans submitted or approved
5.6.2 Nonconforming use abandoned if use not continuous without one year gap. Time
period for calculation now starts one year after the resolution was passed.
5.6.3 Nonconforming structure (setback, size, height) damaged greater than 50% can
now be rebuilt in the same location (size and dimensions). If expanded or in a
different location, they must meet setbacks to the greatest extent possible.
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Temporary mobile homes allowed in RR-2.5 and RS-20,000. Building permit for
house or modular must be secured within one year
One year time period for any code suspension
Policy issues to address
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Director discretion to waive or modify application fees
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Authority to withhold building permits for subdivision violations (LDC
11.4.6)
 Determination of legal parcel status
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Discretion in enforcement
 Rubbish
 Trees
 Businesses in residences or residential zoning
 Boarding of horses and animals
PERMITS AND FEES BLACK FOREST
DAMAGED OR DESTROYED PROPERTIES
A bundled DSD permit with one fee may be used for multiple buildings or actions, if
requested at the same time
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Site Plan ($147) which can include all of the following:
 Accessory Building ($147 if separate)
 Agricultural Building Permit ($147 if separate)
 Temporary mobile home permit ($247 if separate)
 Temporary living in a recreational vehicle ($147 if separate)
 Septic review ($147 if separate)
 Driveway Permit (No fee if using existing driveway. Permit is for documenting
driveway locations)
 BESQCP (no fee, but use permit for owners compliance with erosion control
requirements)
Other approvals which may be required
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Merger Agreement, Combination of Contiguous Parcels
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Board of Adjustment Variance, Administrative Relief, Administrative Determination of
Nonconformity
Park, School, Drainage, and Transportation Impact fees apply to subdivision and not to
rebuilding of houses
Building and Permit Approval Flow
Residential Building Permit
Accessory Building (non-AG)
Plans start at RBD for Tracking
Referred to DSD for zoning and
subdivision compliance
DSD approves or denies
Fire department review
Permit from RBD not issued
unless DSD and Health
Department have OK’D
Plans start at RBD
DSD reviews for zoning and
subdivision compliance
DSD approves or denies
RBD issues permit if complies
with building code
Permit Approval Flow
Septic Permit
AG Building
Initiated at Public Health
Referred to DSD for review of plat
notes and lot size
DSD provides comments to Public
Health
Permit approved or denied by
Public Health
Initiated at DSD
Verification of Agriculture Use by
applicant
Review for compliance with
setbacks
Permit issued or Denied
No RBD building permit but
floodplain review required.
Zoning issues with rebuilding
Zoning
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Don’t meet lot size requirements
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Requirements in place since at least 1965
Some parcels have been legalized by Board of Adjustment action, if they have requested a
building permit for habitable structure or addition
Administrative process in place to authorize permits down to 1 acre (from 5 acres) on legal
lots, providing adjoining vacant ownership is combined, and well and septic separated and
don’t affect neighboring property
Approval is not always immediate-review by DSD and Public Health
Analysis of individual parcels is currently in process
Don’t meet 25 foot setbacks
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Nonconforming circumstances addressed by new Board Resolution
Administrative process in place to approve down to 20 feet
Greater relief requires Board of Adjustment action
Some setbacks have been legalized by Board of Adjustment action, if they have previously
requested a building permit
Analysis of individual parcels is currently in process
Zoning issues with rebuilding
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Want to live in a mobile home or modular home while I
rebuild, or decide to rebuild
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RR-5 and A-5 zoning allows post 1976 mobile homes or modular homes
Mobile homes now temporarily allowed in RR-2.5 and RS-20,000 by
new Board Resolution
 Use regular site plan process
 If plans are later submitted to build a site built house, the permit is
converted to a temporary mobile home permit (1 year or until house
occupancy)
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Want to live in a RV while I rebuild, or decide to rebuild
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Allowed by new Board Resolution for one year while the owner decides
whether to rebuild. DSD Form used for tracking of locations.
 There may be building related electrical, gas, water, and wastewater
issues, especially if occupancy goes into the winter
Zoning issues with rebuilding
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Construct accessory building first while I rebuild the house
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Allowed by new Board Resolution for one year while the owner
decides whether to rebuild.
Some may wish to use the accessory building as staging for tools and
equipment to build the house or future house
Live in the accessory building while I rebuild the house
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Only one dwelling is allowed on a property, unless the second unit is
approved as a mother-in-law apartment, a guest house, or an
extended family dwelling. Each of these have limits, and require
approval.
Convert later to a mother-in-law apartment or a guest house after
house is built
Any construction or occupancy must comply with the building code
Zoning issues with rebuilding
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Consolidate multiple accessory building into a single large
accessory building
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Build a stable for my horses
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Size limits suspended by new Board Resolution for one year.
Non-conforming accessory buildings can be rebuilt in same size if they
exist in records
As an accessory building, allowed by new Board Resolution for one
year while the owner decides whether to rebuild.
Currently allowed where private stables are allowed
Agricultural building permit
Permanent commercial boarding requires a zoning approval
Build an Agricultural structure to store all my stuff in
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Agricultural structure is for qualified agricultural use only. Otherwise
follow accessory building standards
Agricultural Buildings
Agricultural Buildings, including barns and stables are exempt from the
building code, and are allowed in most of the Black Forest. Site plan
approval from DSD, but not RBD, is required to ensure compliance
with zoning and setbacks. RBD reviews floodplain compliance.
To be exempt the structure must meet this definition:
Structure, Agricultural
For the purpose of determining exemption from the Building Code, any
structure used for the sole purpose of providing shelter for
agricultural implements, farm products, livestock (including horses)
or poultry as intended in C.R.S. §30-28-201(1).
Demolition
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Can I bury burned house on site
 Not allowed by State Regulations, unless…..
 Not allowed by Local Regulations, unless…..
 May be contrary to your insurance payment or policy
 Environmental issues, can be subject to the rubbish
ordinance
 May hurt you in the future sale of your house or land,
your neighbors houses, or result in on-going liability to
you