§ 152.032 FLOODPLAIN PERMIT.

   (A)   General.

      (1)   A floodplain permit is required for a person to establish, alter, or substantially improve an artificial obstruction, nonconforming use, or development within the regulated flood hazard area;

      (2)   A floodplain permit is required for artificial obstructions, developments, and uses not specifically listed in §§ 152.060 through 152.074 and 152.085 through 152.088, except as allowed without a floodplain permit in § 152.048, or as prohibited as specified in § 152.049, within the regulated flood hazard area;

      (3)   Artificial obstructions and nonconforming uses in a regulated flood hazard area not exempt under § 152.048 is a public nuisances unless a floodplain permit has been obtained;

      (4)   A floodplain permit is required for an alteration of an existing artificial obstruction or nonconforming use that increases the external size or increases its potential flood hazard and not exempt under § 152.048;

      (5)   A floodplain permit is required to reconstruct or repair an existing artificial obstruction that has experienced substantial damage and will undergo substantial improvement; and

      (6)   Maintenance of an existing artificial obstruction or use that is a substantial improvement or an alteration requires a floodplain permit.

   (B)   Required floodplain permit application information. A floodplain permit application shall include, but is not limited to, the following:

      (1)   A completed and signed floodplain permit application;

      (2)   The required review fee;

      (3)   Plans in duplicate drawn to scale showing the location, dimensions, and elevation of the proposed project including landscape alterations, existing and proposed structures, and the location of the foregoing in relation to the regulated flood hazard areas and, if applicable, the floodway boundary;

      (4)   A copy of other applicable permits or pending applications required by federal or state law, as submitted, which may include, but are not limited to, a 310 permit, SPA 124 permit, Section 404 Permit, 318 Authorization, 401 Certification, or a Navigable Rivers Land Use License or Easement for the proposed project; and the applicant must show that the floodplain permit application is not in conflict with the relevant and applicable permits; and

      (5)   Additional information related to the specific use or activity that demonstrates the design criteria and construction standards are met or exceeded as specified in §§ 152.060 through 152.074 and 152.085 through 152.088.

(Ord. 484, passed 4-20-2015)

Statutory reference:

   Related provisions, see ARM §§ 36.15.204(2)(a) and 36.15.216, 44 C.F.R. §§ 60.1 and 60.3(a)(2), MCA §§ 76-5-404 and 76-5-405