(A) Floodplain permit application review.
(1) The Floodplain Administrator shall review and evaluate the floodplain permit application and shall approve, approve with conditions, or deny the application within 60 days of receipt of a correct and complete application.
(2) The Floodplain Administrator shall determine whether the floodplain permit application contains the applicable elements required in these regulations and shall notify the applicant of the Floodplain Administrator’s determination.
(3) If the floodplain permit application is found to be missing the required elements and if the applicant corrects the identified deficiencies and resubmits the floodplain application, the Floodplain Administrator shall notify the applicant whether the resubmitted floodplain application contains all the elements required by these regulations, as applicable.
(4) This process shall be repeated until the applicant submits a completed floodplain permit application containing all the elements required by these regulations, or the application is withdrawn.
(5) If, after a reasonable effort, the Floodplain Administrator determines that the floodplain application remains incomplete, the Floodplain Administrator shall deny the floodplain permit application and notify the applicant of missing elements. No further action shall be taken on the floodplain permit application by the Floodplain Administrator until the floodplain permit application is resubmitted.
(6) A determination that a floodplain permit application is correct and complete for review does not ensure that the floodplain permit application will be approved or conditionally approved and does not limit the ability of the Floodplain Administrator to request additional information during the review process.
(B) Notice requirements for floodplain permit applications.
(1) Upon receipt of a complete application for a floodplain permit, the Floodplain Administrator shall prepare a notice containing the facts pertinent to the floodplain permit application, and shall:
(a) Publish the notice at least once in a newspaper of general circulation in the area;
(b) Serve notice by first-class mail upon adjacent property owners;
(c) Serve notice to the state’s National Flood Insurance Program Coordinator, located in DNRC, by the most efficient method. Notice to other permitting agencies or other impacted property owners may be provided; and
(d) Prior to any alteration or relocation of a watercourse in the regulated flood hazard area, additionally provide notice to FEMA and adjacent communities.
(2) The notice shall provide a reasonable period of time, not less than 15 days, for interested parties to submit comments on the proposed activity.
(C) Floodplain permit criteria.
(1) Floodplain permit applications shall be approved, provided the proposed new construction, substantial improvement, or alteration of an artificial obstruction meets the requirements of the minimum standards and criteria in §§ 152.060 through 152.074 and 152.085 through 152.088 and other requirements of these regulations.
(2) A floodplain permit application for a development that will cause an increase of more than zero feet to the base flood elevation of the floodway or more than one-half feet to the base flood elevation of the regulated flood hazard area without a floodway shall not be approved until approval for an alteration pursuant to § 152.047 has been approved, the regulated flood hazard area is amended, and a FEMA CLOMR, where required, is issued.
(3) The Floodplain Administrator shall determine that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including § 404 of the Federal Water Pollution Control Act Amendment of 1972, 36 U.S.C. § 1334.
(D) Decision.
(1) The Floodplain Administrator shall approve, conditionally approve, or deny the proposed floodplain permit application. The Floodplain Administrator shall notify the applicant of his or her action and the reasons thereof within 60 days of receipt of a correct and complete floodplain permit application, unless otherwise specified.
(2) A copy of the approved floodplain permit must be provided to DNRC.
(3) The approval of a floodplain permit application does not affect any other type of approval required by any other statute or ordinance of the state or any political subdivision or the United States, but is an added requirement.
(E) Floodplain permit conditions and requirements. Upon approval or conditional approval of the floodplain permit application, the Floodplain Administrator shall provide the applicant with a floodplain permit with applicable specific requirements and conditions, including, but not limited to, the following.
(1) The floodplain permit will become valid when all other necessary permits required by federal or state law are in place.
(2) (a) Completion of the development pursuant to the floodplain permit shall be completed within one year from the date of floodplain permit issuance or a time limit commensurate with the project construction timeline for completion of the project or development.
(b) The applicant may request an extension for up to an additional year.
(c) The request must be made at least 30 days prior to the permitted completion deadline.
(3) The applicant shall notify subsequent property owners and their agents and potential buyers of the floodplain development permit issued on the property and that such property is located within a regulated flood hazard area and shall record the notice with the Floodplain Administrator.
(4) The applicant shall maintain the artificial obstruction or use to comply with the conditions and specifications of the permit.
(5) The applicant shall allow the Floodplain Administrator to perform on site inspections at select intervals during construction or completion.
(6) The applicant shall provide periodic engineering oversight and/or interim reports during the construction period to be submitted to the Floodplain Administrator to confirm constructed elevations and other project elements.
(7) The applicant shall submit a compliance report including certifications where required and applicable, including flood proofing, elevation, surface drainage, proper enclosure openings, and materials to the Floodplain Administrator within 30 days of completion or other time as specified.
(8) The applicant shall submit an annual performance and maintenance report on bank stabilization or other projects utilizing maturing vegetative components to the Floodplain Administrator for a period of five years or a time specified in the permit.
(9) The applicant shall submit evidence of a submittal of a FEMA Letter of Map Revision (LOMR) to FEMA and applicable fees within six months of project completion and proceed with due diligence for acceptance of the document and necessary supporting materials by FEMA.
(Ord. 484, passed 4-20-2015)
Statutory reference:
Related provisions, see ARM § 36.15.204(2)(c), (2)(e), and (2)(g), 44 C.F.R. §§ 60.3 and 65.3, MCA §§ 76-5-108, 76-5-405(2), and 76-5-406