(A) The city has adopted this chapter in order to comply with the state’s Floodplain and Floodway Management Act, MCA Title 76, Chapter 5, and to ensure compliance with the requirements for local government’s continued participation in the National Flood Insurance Program.
(B) Flooding is a natural phenomenon and the flood hazard areas of the city are subject to periodic inundation.
(C) Flooding can result in loss of life and property, health, and safety hazards; disruption of commerce and governmental services; and extraordinary public expenditures for flood protection and relief.
(D) Uncontrolled development and the unplanned, improper, and/or cumulative obstructions in floodplains can increase flood heights and velocities, further exacerbating damage and affecting the public health, safety, and general welfare.
(E) The permanent or temporary occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed, or otherwise protected from flood damage also affect the health, safety, and welfare of the community.
(F) Adoption of minimum standards will enhance the public health, safety, and general welfare.
(G) Flood hazard areas specifically adopted herein as regulated flood hazard areas have been delineated and designated by order or determination of the Department of Natural Resources and Conservation (DNRC) pursuant to MCA §§ 76-5-201 et seq.
(H) These regulations have been reviewed by state’s Department of Natural Resources and Conservation and the Federal Emergency Management Agency. The state’s Department of Natural Resources and Conservation has found the regulations acceptable in meeting the Department’s minimum standards. The Federal Emergency Management Agency finds that these regulations are adequate and consistent with the comprehensive criteria for land management and use pursuant to the standards established in 44 C.F.R. § 60.3.
(Ord. 484, passed 5-20-2015)
Statutory reference:
Related provisions, see ARM § 36.15.202, 44 C.F.R. § 60.1(b), MCA § 76-5-302, and 42 U.S.C. § 4022