(A) Floodplain hazard management regulations. These regulations are known and may be cited as the “Floodplain Hazard Management Regulations,” hereinafter referred to as “these regulations.”
(B) Statutory authority.
(1) Floodplain and floodway management is incorporated in M.C.A. Title 76, Chapter 5 and describes the authority, procedures and minimum standards for local regulations and is further described in Montana Administrative Rule (ARM) 36, Chapter 15.
(2) The authority to regulate development in specifically identified flood hazard areas has been accepted pursuant to M.C.A. § 76-5-301.
(C) Findings of fact.
(1) 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 M.C.A. §§ 76-5-201 et seq.
(2) These regulations have been reviewed by State Department of Natural Resources and Conservation and the Federal Emergency Management Agency. The State Department of Natural Resources and Conservation has found the regulations acceptable in meeting the Department 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.
(M.C.A. § 76-5-302, ARM 36.15.202, 44 C.F.R. § 60.1(b), 42 U.S.C. § 4022)
(D) Purpose. The purpose of these regulations is to promote public health, safety and general welfare of the residents and minimize public and private losses due to flood conditions in regulated flood hazard areas. These regulations are intended to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business and public service interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges;
(6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood disruptions; and
(7) Ensure compliance with the minimum standards for the continued participation in the National Flood Insurance Program for the benefit of the residents.
(E) Methods to reduce losses. In accordance with M.C.A. § 76-5-102, these regulations are intended to reduce flood losses through the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or that may cause excessive increases in flood heights or velocities;
(2) Require that uses of land vulnerable to floods, including public facilities, be developed or constructed to at least minimum standards or to otherwise minimize flood damage;
(3) Regulate the alteration of natural floodplains, stream channels and natural protective barriers which are needed to accommodate floodwaters;
(4) Regulate filling, grading, dredging and other development which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will impact other land, flood water depth or velocity of floodwaters;
(6) Distinguish between the land use regulations applied to the floodway within the regulated flood hazard area and those applied to that portion of the regulated flood hazard area not contained in the floodway;
(7) Apply more restrictive land use regulations within the floodway of the regulated flood hazard area; and
(8) Ensure that regulations and minimum standards balance the greatest public good with the least private injury.
(F) Regulated area.
(1) These regulations apply only to the flood hazard areas specifically adopted herein as regulated flood hazard areas which are more fully and specifically described in § 153.04. Requirements and approvals for alterations to the regulated flood hazard area are specified in § 153.04. The regulated flood hazard area includes areas specifically identified, labeled and illustrated on maps such as floodplain, floodway or flood fringe that have differing uses allowed and minimum building standards that apply. The regulated flood hazard area is the geographic area inundated by the flood of 100-year frequency illustrated and depicted in the referenced studies and maps.
(2) The regulated flood hazard area supporting study and maps illustrating the regulatory area are based on studies and maps that have been specifically adopted pursuant to M.C.A. §§ 76-5-201 et seq. The maps and accompanying study become the regulated flood hazard area only when formally adopted by DNRC and subsequently by the political subdivision by these regulations. The original source of studies and data may be from a flood insurance study by FEMA, or other studies by Corps of Engineers, Soil Conservation, United States Geological Service or other federal or state agency.
(G) Floodplain Administrator. A Floodplain Administrator is hereby officially appointed and is the responsibility of the Mayor and City Council. The Floodplain Administrator’s duty is to administer and implement the provisions of these regulations. The Floodplain Administrator must serve to meet and maintain the commitments pursuant to 44 C.F.R. § 59.22(a) to FEMA to remain eligible for National Flood Insurance for individuals and business within the political subdivision.
(44 C.F.R. § 59.22(b)(1)) (ARM 36.15.204(2)(h))
(H) Compliance. Development, new construction, alteration or substantial improvement may not commence without full compliance with the provisions of these regulations.
(I) Abrogation and greater responsibility. It is not intended by these regulations to repeal, abrogate or impair any existing easements, covenants, deed restrictions, zoning or other regulations in effect. However, where these regulations impose greater restrictions, the provision of these regulations must prevail.
(44 C.F.R. § 60.1(d))
(J) Regulation interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(44 C.F.R. § 60.1)
(K) Warning and disclaimer of liability. These regulations do not imply that land outside the regulated flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder.
(L) Disclosure provision. All property owners or their agents in the regulated flood hazard areas shall notify potential buyers or their agents that such property, including any permitted uses transferred, is located within the regulated flood hazard area and is subject to regulation and any permitted uses that are transferred. Information regarding regulated flood hazard area and the repository for floodplain maps is available in the Floodplain Administrator’s office.
(ARM 36.15.204(2)(g))
(M) Amendment of regulations. These regulations may be amended after notice and public hearing in regard to the amendments to these regulations. The amendments must be found adequate and acceptable by DNRC and FEMA to be effective and must be submitted for review at least 30 days prior to official adoption.
(N) Public records. Records, including permits and applications, elevation and floodproofing certificates, certificates of compliance, fee receipts and other matters relating to these regulations must be maintained by the Floodplain Administrator and are public records and must be made available for inspection and for copies upon reasonable request. A reasonable copying cost for copying documents for members of the public may be charged and may require payments of the costs before providing the copies.
(44 C.F.R. § 60.3(b)(5)(iii)) (44 C.F.R. § 59.22(a)(9)(iii))
(O) Subdivision review. Within the regulated flood hazard area, subdivisions including new or expansion of existing manufactured home parks, must be designed to meet the following criteria:
(1) The base flood elevations and boundary of the regulated flood hazard area must be determined and considered during lot layout and building location design;
(2) Locations for future structures and development must be reasonably safe from flooding;
(44 C.F.R. § 60.3(a)(4))
(3) Adequate surface water drainage must be provided to reduce exposure to flood hazards;
(44 C.F.R. § 60.3 (a)(4)(iii))
(4) Public utilities and facilities such as sewer, gas, electrical and water systems must be located and constructed to minimize or eliminate flood damage; and
(44 C.F.R. § 60.3(a)(4)(ii))
(5) Floodplain permits must be obtained according to these regulations before development occurs that is within the regulated flood hazard area.
(44 C.F.R. § 60.3(b))
(P) Disaster recovery.
(1) In the event of a natural or human-made disaster, the Floodplain Administrator should participate in the coordination of assistance and provide information to structure owners concerning hazard mitigation and recovery measures with the Federal Emergency Management Agency, State Disaster Emergency Services, State Department of Natural Resources and Conservation and other state, local and private emergency service organizations.
(2) Upon completion of cursory street view structure condition survey within the regulated flood hazard area, the Floodplain Administrator shall notify owners that a permit may be necessary for an alteration or substantial improvement before repair or reconstruction commences on damaged structures because of damages caused by natural or human-made disasters such as floods, fires or winds.
(3) Owners should be advised that structures that have suffered substantial damage and will undergo substantial improvements require a floodplain application and permit and must be upgraded to meet the minimum building standards herein during repair or reconstruction.
(M.C.A. § 76-5-404(3)(b)) (ARM 36.15.702) (44 C.F.R. § 60.3(c)(2) and (3))
(Ord. 2018-01, passed 5-21-2008)