(A)   General. Existing artificial obstructions or nonconforming uses established before land use regulations pursuant to M.C.A. § 76-5-301 were effective, are allowed without a permit. However, alteration or substantial improvement of an existing artificial obstruction or nonconforming use requires a floodplain permit. Maintenance of an existing artificial obstruction or nonconforming use does not require a floodplain permit if it does not cause an alteration or substantial improvement.
(M.C.A. § 76-5-404(3))
   (B)   Open space uses. The following open space uses shall be allowed without a permit in the regulated flood hazard area, provided that such uses are not prohibited by any other regulation or statute, do not require structures, and do not require fill, grading, excavation or storage of materials or equipment:
(ARM 36.15.601) (ARM 36.15.701)(1) (M.C.A. § 76-5-401) (M.C.A. § 76-5-404(3))
      (1)   Agricultural uses, not including related structures, such as tilling, farming, irrigation, ranching, harvesting, grazing and the like;
(ARM 36.15.601(1)(a)) (M.C.A. § 76-5-401(1))
      (2)   Accessory uses, not including structures, such as loading and parking areas, or emergency landing strips associated with industrial or commercial facilities;
(ARM 36.15.601(1)(b)) (M.C.A. § 76-5-401(2))
      (3)   Forestry, including processing of forest products with portable equipment;
(ARM 36.15.601(1)(d)) (M.C.A. § 76-5-401(4))
      (4)   Recreational vehicle use provided that the vehicle is on the site for fewer than 180 consecutive days and the vehicle is 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;
(44 C.F.R. § 60.3(c)(14))
      (5)   Residential uses such as lawns, gardens, parking areas and play areas;
(ARM 36.15.601(1)(e)) (M.C.A. § 76-5-401(5))
      (6)   Maintenance of the existing state of an existing open space uses including preventive maintenance activities such as bridge deck rehabilitation and roadway pavement preservation activities. Maintenance cannot increase the external size or increase the hazard potential of the existing open space use;
(M.C.A. § 76-5-404(3)(b))
      (7)   Public or private recreational uses not requiring structures such as picnic grounds, swimming areas, boat ramps, parks, campgrounds, golf courses, driving ranges, archery ranges, wildlife management and natural areas, alternative livestock ranches (game farms), fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails;
(ARM 36.15.601(a)(c)) (M.C.A. § 76-5-401)
      (8)   Fences that have a low impact to the flow of water such as barbed wire fences and wood rail fences, and not including permanent fences crossing channels. Fences that have the potential to stop or impede flow or debris such as a chain link or privacy fence requires a floodplain permit and meet the requirements of § 152.09(K);
(ARM 36.15.601(2)(b)) (M.C.A. § 76-5-401))
      (9)   Addition of highway guard rail, signing and utility poles that have a low impact to the flow of water along an existing roadway; and
      (10)   Irrigation and livestock supply wells, provided that they are located at least 500 feet from domestic water supply wells and with the top of casing 18 inches above the base flood elevation.
(ARM 36.15.601(2)(a)) (M.C.A. § 76-5-401) (ARM 36.21.647)) (Ord. 2018-01, passed 5-21-2008)