


The Boulder County commissioners this week, on a 2-1 vote, approved recommendations for new owners for 14 of the 16 residential flood buyout properties first offered up for grabs in May.
County officials received 228 applications for the properties, which were damaged in a September 2013 flood. The county bought the properties through disaster recovery grant programs provided by HUD, the federal Housing and Urban Development Agency, and FEMA, the Federal Emergency Management Agency. Both programs require the land to be returned to its natural state and kept that way.
While the 10 HUD properties were available to anyone, FEMA restrictions required the other six properties to go to state agencies, Indian Tribal governments, municipal local governments or qualified conservation groups. Thirty-nine applicants were disqualified because they didn’t meet FEMA requirements.
The county also decided to keep two of the FEMA properties: 8531 N. Foothills Highway, which may be needed for the North Foothills Bikeway project, and 639 James Canyon Road, which had its applicant withdraw. FEMA will still need to sign off before the four other properties can be officially transferred.
Generally, the properties are in small, rural areas and range from less than an acre to about 5 acres. Five of the properties are in the Lyons area, eight are in the Boulder foothills and three are in the Longmont area. The properties, which had their existing structures razed, can’t ever be developed. While the properties are free, the new owners must maintain the land and pay property taxes.
“It’s been a very extensive process, and I think very through and very well done and with every effort to be completely fair,” Commissioner Claire Levy said at Tuesday’s meeting.
Janis Whisman, Boulder County Parks and Open Space real estate division manager, said the county used multiple criteria to review the applications, including if applicants will use the properties in ways that are compatible with the federal deed restrictions and have the intention and capacity to steward the property well. Additionally, county officials looked for plans they thought were most suitable for the properties and would meet county goals around sustainability and inclusion.
Whisman said the county will monitor the properties on a three-year cycle to check that the new owners are in compliance with deed restrictions. Changes to the properties also would need to go through the county’s permit process. Most of the HUD properties are going to neighboring property owners, who mainly plan to maintain them in their existing state. Three of the FEMA properties, plus one HUD property, are recommended to go to Boulder-based Apache Nation of Colorado. The nonprofit organization was deemed the only qualified applicant for the three FEMA properties and was one of 11 qualified applicants for the HUD property.
The four properties are 496 Riverside Drive in the Lyons area, 16679 N. St. Vrain Drive in the Lyons area, 142 Canon Park in the Boulder area and 4389 Fourmile Canyon Drive in the Boulder area.
Commissioner Marta Loachamin, who cast the dissenting vote, proposed that Boulder County retain two of those four properties to potentially give to other Native groups. Her proposal wasn’t supported by Levy and Commissioner Ashley Stolzmann, but both agreed that the county should continue talking with local tribal groups about restoring land. Stolzmann said she’s asked for a list of properties that could be considered for restoration and wants to have a discussion on the goals, which could include conservation, housing and ceremony space.
“We’re committed to taking the next step on our journey on our tribal work in the county,” she said.
Some neighbors shared concerns about access and traffic issues that could result from the Apache Nation’s ownership, especially for the Canon Park property that’s on a private road near Eben G. Fine Park.
But David Young, who runs the Apache Nation nonprofit, offered assurances at Tuesday’s meeting that there are no plans to alter the property or bring in large groups of people for ceremonies. At most, he said, one or two people may visit the properties to sit in nature. Owning the properties, he said, “anchors us in the community of Boulder.”
Neighbors also raised concerns about access and increased traffic for two properties near Longmont, 15626 N. 83rd St. and 15623 N. 83rd St. The first property is going to Boulder-based Harvest of All First Nations, which proposed agricultural and ceremonial uses. The second is going to the Center for Snake Conservation, which runs My Nature Lab in Louisville and proposed bringing in small groups.
Christie Court, who shares a property line with the property going to Harvest of All First Nations and has an autistic son, said she is concerned about the group hosting large events and bringing in latrines and animals in a residential setting.
“We bought our property for some peace and quiet for our son,” Court said. “What an extreme life change this would be, certainly for our son.”
Stolzmann responded that county staff members can help with neighbor conflicts and issues around access and easements, adding those issues exist on properties throughout the county.