(A) Floodway. The following artificial obstructions and nonconforming uses are prohibited in the floodway of the regulated flood hazard area, except for those established before land use regulations pursuant to M.C.A. § 76-5-301 have been adopted:
(M.C.A. § 76-5-404(3))
(1) A building for residential or non-residential purposes;
(M.C.A. § 76-5-403(1), (ARM 36.15.605)(1)(a)), (ARM 36.15.605(2b), (ARM 36.15.605(2)(a))
(2) A structure, fill or excavation that would cause water to be diverted from the floodway, cause erosion, obstruct the natural flow of waters or reduce the carrying capacity of the floodway. Notwithstanding these requirements, excavation or fill may be allowed when it is a component to a permitted use allowed in these regulations;
(M.C.A. § 76-5-403(2))
(3) The construction or storage of an object (artificial obstruction) subject to flotation or movement during flood level periods;
(M.C.A. § 76-5-403(3) and ARM 36.15.605(1)(c))
(4) Solid and hazardous waste disposal and individual and multiple-family sewage disposal systems unless the systems meet the local health and sanitation regulations and when permitted pursuant to these regulations and are designed to minimize or eliminate infiltration of flood waters and avoid impairment or contamination;
(ARM 36-15-605(2c)) (44 C.F.R. § 60.3(a)(3))
(5) Storage of toxic, flammable, hazardous or explosive materials; and
(ARM 36.15.605(2d))
(6) Cemeteries, mausoleums or any other burial grounds (higher standard).
(B) Flood fringe or regulated flood hazard area without a floodway. The following artificial obstructions and nonconforming uses are prohibited in the flood fringe or regulated flood hazard area without a floodway, except for those established before land use regulations have been adopted:
(M.C.A. § 76-5-404(3))
(1) Solid and hazardous waste disposal and individual and multiple-family sewage disposal systems unless the systems meet the local health and sanitation regulations and when permitted pursuant to these regulations and are designed to minimize or eliminate infiltration of flood waters and avoid impairment or contamination;
(ARM 36-15-703(1)) (44 C.F.R. § 60.3(a)(3))
(2) Storage of toxic, flammable, hazardous or explosive materials;
(ARM 36-15-703(2))
(3) The construction or storage of an artificial obstruction subject to flotation or movement during flood level periods (higher standard);
(4) Cemeteries, mausoleums or any other burial grounds (higher standard); and
(5) Critical facilities, including buildings and associated structures that provide essential community care and emergency operation functions such as schools, hospitals, nursing home facilities, fire stations and police stations (higher standard).
(44 C.F.R. § 60.22(a)(2)) (Ord. 2018-01, passed 5-21-2008)