When Floods Take Everything: What Property Owners and Communities Need to Know

The Glen Haven Story

The story of Glen Haven, Colorado illustrates this reality clearly. When catastrophic flooding in 2013 pulverized the town's historic town hall — a building that had stood since 1939 and survived a previous flood in 1976 — residents did not simply rebuild in place. They could not. County regulations prohibited reconstruction within the floodplain, forcing the community to find a new site, raise $500,000 in donated funds, and navigate years of planning before a shovel could break ground.

For a small mountain community, that is an enormous burden. And it reflects challenges that property owners throughout Washington State, including here in Snohomish County, face when flood events strike.

Floodplain Regulations Can Limit What You Are Allowed to Do With Your Own Property

One of the most frustrating discoveries property owners make after a flood is that they may not be permitted to rebuild what they lost — at least not in the same location or in the same form. Federal, state, and local floodplain management rules exist to reduce future flood risk and protect communities long-term, but in the immediate aftermath of a loss, those rules can feel like an obstacle rather than a protection.

In Washington State, local jurisdictions administer floodplain development regulations under the National Flood Insurance Program framework. Depending on the extent of the damage and the location of the structure, a property owner may face a "substantial damage" determination, which can trigger requirements to bring the entire structure into compliance with current floodplain standards before any repairs are made. In some cases, that requirement makes rebuilding economically impractical.

Insurance Disputes Are Common After Major Flood Events

Flood damage claims are among the most contested in property insurance. Standard homeowner's policies typically do not cover flood damage at all, which means property owners without a separate flood insurance policy through the National Flood Insurance Program or a private carrier may find themselves without coverage precisely when they need it most.

Even when flood insurance is in place, disputes arise. Insurers may contest the cause of damage, the scope of the loss, or the valuation of what was destroyed. They may argue that some damage resulted from a covered cause and some did not, creating a dispute over how to allocate the loss. Policyholders who are unfamiliar with the claims process, or who accept an initial settlement offer without fully understanding their rights, may receive far less than they are entitled to under their policy.

If you have experienced flood damage and have questions about a claim that has been denied, delayed, or undervalued, speaking with an attorney who understands property and insurance law is a reasonable first step.

Community and HOA Situations Add Another Layer of Complexity

Glen Haven's town hall was a community-owned structure, and its rebuilding effort required coordination among residents, a community association board, architects, contractors, and county officials. While most property owners are not managing a public building, similar complexity arises in situations involving homeowners associations, shared property, easements, and community infrastructure.

When a flood affects shared or community property, questions about responsibility, liability, and the authority to make decisions can become contentious. Who has the right to authorize repairs? Who bears the financial burden? What happens when property owners disagree about how to proceed? These questions do not always have obvious answers, and the governing documents for a community association — along with applicable state law — will often determine the outcome.

Taking Action Before the Next Flood Is Also Worth Considering

The residents of Glen Haven did something after the 1976 flood that is worth noting. They pushed the damaged town hall back onto its foundation, raised it two feet higher, and kept going. When the 2013 flood came, the building did not survive. But the lesson is not that preparation is futile. It is that preparation needs to match the actual risk.

For property owners in Snohomish County, where river flooding, runoff events, and seasonal storm risks are a real part of life, proactive planning can make a meaningful difference. That includes understanding whether your property is in or near a floodplain, reviewing your insurance coverage before a loss occurs, and knowing what legal protections and obligations attach to your property.

You Do Not Have to Figure This Out Alone

The legal dimensions of flood damage — from insurance claims and floodplain regulations to property rights and community disputes — can be genuinely complicated. The Law Office of Chad Foster works with clients in Snohomish County and the surrounding region to understand their rights and their options when difficult situations arise.

If you have questions about a property matter or want to understand how the law applies to your situation, reach out to schedule a consultation.