§ 152.07 FLOODPLAIN PERMIT APPLICATION REQUIREMENTS.

   (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;

(44 C.F.R. 60.1) (M.C.A. § 76-5-404) (ARM 36.15.204(2)(a)))

      (2)   A floodplain permit is required for artificial obstructions, developments and uses not specifically listed in §§ 152.09 and 152.10, except as allowed without a floodplain permit in § 152.05, or as prohibited as specified in § 152.06, within the regulated flood hazard area;

      (3)   Artificial obstructions and nonconforming uses in a regulated flood hazard area not exempt under § 152.05 are public nuisances unless a floodplain permit has been obtained;

(M.C.A. § 76-5-404(1))

      (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 § 152.05;

(M.C.A. § 76-5-404(3)(b)) (ARM 36.15.204(2)(a))

      (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.

(M.C.A. § 76-5-404(3)(b))

   (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; (M.C.A. § 76-5-405) (ARM 36.15.216)

      (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, § 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

(44 C.F.R. § 60.3(a)(2))

      (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 §§ 152.09 and 152.10.

(M.C.A. § 76-5-405) (ARM 36.15.216) (Ord. 2018-01, passed 5-21-2008)