A. Uses Allowed Without Permits: The following open space uses shall be allowed without a permit anywhere within the floodway, provided that such uses conform to the provisions of chapter 6 of this title, are not prohibited by any other ordinance, resolution or statute and do not require fill, excavation, permanent storage of materials or equipment or structures other than portable structures:
1. Agricultural uses;
2. Accessory uses such as loading or parking areas, or emergency landing strips associated with industrial-commercial facilities;
3. Private and public recreational uses such as golf courses, driving ranges, archery ranges, picnic grounds, boat launching ramps, parks, wildlife management and natural areas, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking or horseback riding trails;
4. Forestry, including processing of forest projects with portable equipment;
5. Residential uses such as lawns, gardens, parking areas and play areas;
6. Irrigation and livestock supply wells, provided that they are located at least five hundred feet (500') from domestic water supply wells;
7. Fences, except permanent fences crossing channels; and
8. Storage of recreational vehicles provided that they be on the site for fewer than one hundred eighty (180) consecutive days, or be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system with wheels intact, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
B. Uses Requiring Permits: The following artificial obstructions and nonconforming uses may be permitted in the floodway subject to the issuance of a permit by the floodplain administrator if the cumulative effect of such uses combined with allowable floodway fringe encroachments does not result in any increase (greater than or equal to 1/100 of 1 foot) to the unobstructed elevation of the base flood:
1. Excavation of material from the pits and pools provided that:
a. A buffer strip of undisturbed land of sufficient width to prevent flood flows from channeling into the excavation is left between the edge of the channel and edge of the excavation;
b. The excavation meets all applicable laws and regulations of other local and state agencies; and
c. Excavated material is stockpiled outside the floodway, and if reasonably attainable, outside the floodplain.
2. Stream crossings provided the crossings are designed to offer minimal obstruction to flood flow. Stream crossings shall not increase the base flood elevation nor cause a significant increase in velocities of the base flood.
3. Limited filling for transportation related embankments not associated with stream crossings, provided that:
a. Reasonable alternative transportation routes outside the designated floodway are not available; and
b. Such floodway encroachment is located as far from the stream channel as possible and shall not result in a cumulative increase in base flood elevations, after allowable encroachments into the floodway fringe, exceeding one-half foot (1/2').
4. Buried or suspended utility transmission lines, provided that:
a. Suspended utility transmission lines are designed such that the lowest point of the suspended line is at least six feet (6') higher than the base flood elevation;
b. Towers and other appurtenant structures are designed and placed to withstand and offer minimal obstruction to flood flows; and
c. Utility transmission lines carrying toxic or flammable materials are buried to a depth at least twice the calculated maximum depth of scour for the base flood. The maximum depth of scour may be determined from any of the accepted hydraulic engineering methods, but the final calculated figure shall be subject to approval by the floodplain administrator.
5. Storage of materials and equipment, provided that:
a. The material or equipment is not subject to major damage by flooding and is properly anchored to prevent flotation or downstream movement; or
b. The material or equipment is readily removable within the limited time available after flood warning. Storage of flammable, toxic or explosive materials shall not be permitted.
6. Domestic water supply wells, provided that:
a. They are driven or drilled wells located on ground higher than the surrounding ground to assure positive drainage from the well;
b. Well casings are watertight to a distance of at least twenty five feet (25') below the ground surface;
c. Water supply and electrical lines have a watertight seal where the lines enter the casing;
d. All pumps, electrical lines and equipment are either of the submersible type or are adequately floodproofed; and
e. Check valves are installed on main water lines at wells and all building entry locations.
7. Buried and sealed vaults for sewage disposal in recreational areas, provided that they meet applicable laws and standards administered by the city of Belgrade, Montana department of environmental quality or the Gallatin city-county environmental health department.
8. Public or private campgrounds, and recreational vehicle parks or campgrounds provided that:
a. Access roads require only limited fill and do not obstruct or divert floodwaters; and
b. Recreational vehicles and travel trailers are not in place more than one hundred eighty (180) consecutive days and are licensed and ready for highway use. They are ready for highway use if on wheels or jacking system with wheels intact, are attached to the site with only quick disconnect type utilities and securing devices, and have no permanently attached additions.
9. Structures accessory to the uses permitted in this section such as boat docks, marinas, sheds, picnic shelters, tables and toilets, provided that:
a. The structures are not intended for human habitation;
b. The structures, because of their type, construction, and use will have minimal potential to be damaged by a flood;
c. The structures will, insofar as possible, be located on ground higher than the surrounding ground and as far from the channel as possible;
d. The floodproofing standards of chapter 6 of this title are met; and
e. The structures will be constructed and placed so as to offer a minimal obstruction to flood flows and are anchored to prevent flotation.
10. Substantial improvements to any structure provided that the provisions of subsection 12-5-3B5 or B6 of this chapter are met. In the floodway the structure must be floodproofed or elevated on a permanent foundation rather than on fill.
11. All other artificial obstructions, substantial improvements or nonconforming uses not specifically listed in, or prohibited by, these regulations.
C. Permits For Flood Control Works: Flood control works shall be allowed within floodways subject to the issuance of a permit by the floodplain administrator if the proposed project combined with allowable floodway fringe encroachments does not result in any increase (greater than or equal to 1/100 of 1 foot) to the unobstructed elevation of the base flood, and with the following conditions:
1. Levees and floodwalls are permitted if:
a. The proposed levee or floodwall is designed and constructed to safely convey the base flood; and
b. The cumulative effect of the levee or floodwall combined with allowable floodway fringe encroachments does not increase the unobstructed elevation of the base flood. With concurrence of the Montana department of natural resources and conservation, and after the issuance of a CLOMR by FEMA and a variance by the council, the floodplain administrator may issue a permit authorizing a higher permissible increase in the base flood elevation for individual levee projects. In issuing such a permit, the floodplain administrator shall consider the following criteria:
(1) The estimated cumulative effect of other reasonable anticipated future permissible uses; and
(2) The type and amount of existing flood prone development in the affected area.
c. The proposed levee or floodwall, except those to protect agricultural land only, are constructed at least three feet (3') higher than the base flood elevation.
2. Bank stabilization, including riprap and stream restoration projects, if:
a. The project materials are designed to withstand the base flood;
b. The project does not increase the base flood elevation; and
c. The project will not increase erosion upstream, downstream, or adjacent to the project site.
3. Channelization and channel alteration projects if they do not significantly increase the magnitude, velocity of the base flood in the proximity of the project.
4. Dams, provided that:
a. They are designed and constructed in accordance with the Montana dam safety act approved safety standards; and
b. They will not increase flood hazards downstream, either through operational procedures or improper hydrologic design.
D. Permits For Water Diversions: Permits for the establishment of a water diversion or change in place of diversion shall not be issued if:
1. The proposed project combined with allowable floodway fringe encroachments results in any increase (greater than or equal to 1/100 of 1 foot) to the unobstructed elevation of the base flood;
2. The proposed diversion is not designed and constructed to minimize potential erosion from the base flood; and
3. Any permanent diversion structure crossing the full width of the stream channel is not designed and constructed to safely withstand the base flood.
E. Prohibited Uses: The following artificial obstructions and alterations to nonconforming uses are prohibited within the floodway:
1. New construction and alterations of any residential, commercial, or industrial structure;
2. Encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway that would result in erosion of embankment, obstruction of the natural flow of waters, or increase in flood elevations within the community during the occurrence of the base flood;
3. The construction or permanent storage of an object subject to flotation or movement during flooding;
4. Solid and hazardous waste disposal, water distribution systems, and sewage treatment or disposal systems, except as allowed or approved under the laws and standards administered by the city of Belgrade, Montana department of environmental quality sciences or the Gallatin city-county environmental health department;
5. Storage of highly toxic, flammable or explosive materials;
6. Alterations of structures unless it can be shown the alteration will not raise flood heights; and
7. Manufactured homes. (Ord. 2011-5, 10-17-2011)