§ 152.10 DEVELOPMENT REQUIREMENTS IN THE FLOOD FRINGE OR REGULATED FLOOD HAZARD AREA WITH NO FLOODWAY.

   (A)   Uses requiring permits. 

      (1)   All uses allowed by permit in the floodway shall also be allowed by permit within the flood fringe or regulated flood hazard area with no floodway Such uses are subject to the requirements in § 152.09, with the exception of the encroachment limit of § 152.09(B)(2). Instead, such uses are subject to the encroachment limits of this division (B)(9) below.

      (2)   Except for prohibited artificial obstructions in § 152.06(B), all other artificial obstructions including new construction, substantial improvements, alterations to residential, and nonresidential structures including manufactured homes, and related suitable fill or excavation shall be allowed by permit and are subject to the requirements in this section and general requirements of § 152.09(B), with the exception of the encroachment limit of § 152.09(B)(2).

(ARM 36.15.701(2))

   (B)   General requirements. An application for a floodplain permit must demonstrate or meet the following applicable requirements:

      (1)   Base flood elevation Where necessary to meet the appropriate elevation requirement in these regulations, the base flood elevation(s) must be determined by an engineer and utilized in the design and layout of the project demonstrating the design and construction criteria herein are met. For regulated flood hazard areas that do not have computed and published base flood elevations in the adopted flood hazard study referenced in § 152.04, a base flood elevation must be determined or obtained from a reliable source, utilizing appropriate engineering methods and analyses;

      (2)   Flood damage structures must be constructed by methods and practices that minimize flood damage and structures must be reasonably safe from flooding;

(44 C.F.R. § 60.3(a)) (44 C.F.R. § 60.3(a)(3)(iii))

      (3)   Surface drainage: adequate surface drainage must be provided around structures;

      (4)   Materials: structures must be constructed with materials resistant to flood damage;

(44 C.F.R. § 60.3(a)) (44 C.F.R. § 60.3(a)(3)(ii))

      (5)   Artificial obstructions: structures, excavation or fill must not be prohibited by any other statute, regulation, ordinance or resolution; and must be compatible with subdivision, zoning and any other land use regulations, if any;

(ARM 36.15.701(3)(a)) (ARM 36.15.701(3)(b))

      (6)   Anchoring All construction and substantial improvements must be designed and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(44 C.F.R. § 60.3(a)(3))

      (7)   Certification by an engineer, architect, land surveyor or other qualified person must accompany the application where required including for an encroachment analysis, adequacy of structural elevations, base flood elevation determinations, flood-proofing, enclosure flood openings and design and construction to withstand the hydrodynamic forces and hydrostatic pressures of flood depths, velocities, impact, buoyancy, uplift forces associated with the base flood and surface drainage. A certification is not intended to constitute a warranty or guarantee of performance, expressed or implied;

(ARM 36.15.606(1) (ARM 36.15.702(2)(c)) (ARM 36.15.801(3)(b)) (44 C.F.R. § 60.3(c)(3) and (4)) (44 C.F.R. § 60.3(d)(3))

      (8)   Access structures must have safe access during times of flooding up to the base flood for ordinary and emergency services provided there are no reasonable alternate locations for structures; (Higher Standard)

      (9)   Encroachment analysis:

         (a)   All applications in the regulated flood hazard area without a floodway must be supported by an encroachment analysis of the proposed use, a thorough hydrologic and hydraulic analysis except as provided in division (B)(9)(d) below, prepared by an engineer to demonstrate the effect of the structure on flood flows, velocities and the base flood elevation;

(ARM 36.15.604) (44 C.F.R. § 60.3(a)(3))

         (b)   The maximum allowable encroachment is certified to be at or less than one- half feet increase to the base flood elevation unless approval of an alteration of the regulated flood hazard area pursuant to § 152.04 and an approved FEMA conditional letter of map revision occurs before permit issuance;

(ARM 36.15.604) (ARM 36.15.505) (44 C.F.R. § 60.3(c)(13))

         (c)   An encroachment analysis is not required for any development in the flood fringe where an accompanying floodway has been designated within the regulated flood hazard area; and

         (d)   Although all other development standards herein apply, a minimal or qualitative encroachment analysis may be accepted when the project or development does not require a structure, alteration of the floodplain, involve fill, grading, excavation or storage of materials or equipment and also is certified by an engineer to not exceed the allowable encroachment.

      (10)   Electrical systems floodproofing: all electrical service materials, equipment and installation for uses in a regulated flood hazard area must be certified to meet the following requirements:

         (a)   All incoming power service equipment including all metering equipment, control centers, transformers, distribution and lighting panels and all other stationary equipment must be located at least two feet above the base flood elevation;

(ARM 36.15.901(1)(a))

         (b)   Portable and movable electrical equipment may be placed below the base flood elevation, provided that the equipment can be disconnected by a single plug and socket assembly of the submersible type;

(ARM 36.15.901(1)(b))

         (c)   The main power service lines must have automatically operated electrical disconnect equipment or manually operated electrical disconnect equipment located at an accessible remote location outside the regulated flood hazard area or two feet above the base flood elevation; and

(ARM 36.15.901 (1)(c))

         (d)   All electrical wiring systems installed below the base flood elevation must be suitable for continuous submergence and may not contain fibrous components.

(ARM 36.15.901(1)(d))

      (11)   Heating and cooling systems floodproofing heating and cooling systems for uses in a regulated flood hazard area must be certified to meet the following requirements:

         (a)   Float-operated automatic control valves must be installed so that fuel supply is automatically shut off when flood waters reach the floor level where the heating and cooling systems are located;

(ARM 36.15.902(1)(a))

         (b)   Manually-operated gate valves must be installed in gas supply lines. The gate valves must be operable from a location above the base flood elevation;

(ARM 36.15.902(1)(b))

         (c)   Electrical systems floodproofing must be met; and

(ARM 36.15.902(1)(c))

         (d)   Furnaces and cooling units must be installed at least two feet above the base flood elevation and the ductwork installed above the base flood elevation.

      (12)   Plumbing systems: floodproofing plumbing systems for uses in the regulated flood hazard area must be certified to meet the following requirements:

         (a)   Sewer lines, except those to a buried and sealed vault, must have check valves installed to prevent sewage backup into permitted structures; and

(ARM 36.15.903(1)(a))

         (b)   All toilets, stools, sinks, urinals, vaults and drains must be located so the lowest point of possible flood water entry is at least two feet above the base flood elevation.

(ARM 36.15.903(1)(b))

      (13)   Structural fill floodproofing fill used to elevate structures, including, but not limited to, residential and non-residential buildings must be certified to meet the following requirements:

         (a)   The filled area must be at or above the base flood elevation and extend at least 15 feet beyond the structure in all directions;

         (b)   Fill material must be suitable fill, that is stable, compacted, well graded and pervious, not adversely affected by water and frost, devoid of trash or similar foreign matter, tree stumps or other organic material; and is fitting for the purpose of supporting the intended use and/or permanent structure. (ARM 36.15.101(22))

         (c)   The fill must be compacted to minimize settlement and compacted to 95% of the maximum density. Compaction of earthen fill must be certified by a engineer;

         (d)   No portion of the fill is allowed within the floodway;

         (e)   The fill slope must not be steeper than one and one-half horizontal to one vertical, unless substantiating data justifying a steeper slope is provided and adequate erosion protection is provided for fill slopes exposed to floodwaters; and

         (f)   The fill must be a minimum of one-half feet above the base flood elevation and extend at least 15 feet beyond the structure in all directions (higher standard—replace sentence number 1. above).

      (14)   Wet floodproofing: building designs with an enclosure below the lowest floor must be certified to meet the following:

         (a)   Materials used for walls and floors are resistant to flooding to an elevation two feet or more above the base flood elevation; and

(ARM 36.15.702(2)(a))

         (b)   The enclosure must be designed to equalize hydrostatic forces on walls by allowing for entry and exit of floodwaters. Opening designs must either be certified by an engineer or architect or meet or exceed the following:

            1.   Automatically allow entry and exit of floodwaters through screens, louvers, valves and other coverings or devices;

            2.   Have two or more openings with a total net area of not less than one square inch for every one square foot of enclosed area below the lowest floor, except if the enclosure is partially subgrade, a minimum of two openings may be provided on a single wall; and

            3.   Have the bottom of all openings no higher than one foot above the higher of the exterior or interior adjacent grade or floor immediately below the openings.

(44 C.F.R. § 60.3(c)(5)) (NFIP Insurance Manual, Rev. May 2013)

      (15)   Dry floodproofing building designs that do not allow internal flooding must be certified according to these regulations to meet the following:

         (a)   Building use must be for non-residential use only and does not include mixed residential and non-residential use;

         (b)   Be floodproofed to an elevation no lower than two feet above the base flood elevation;

         (c)   Be constructed of impermeable membranes or materials for floors and walls and have water tight enclosures for all windows, doors and other openings; and

         (d)   Be designed to withstand the hydrostatic pressures and hydrodynamic forces resulting from the base flood and the effects of buoyancy.

(ARM 36.15.702(2)(b)) (44 C.F.R. § 60.3(c)(3))

      (16)   Elevation of the lowest floor elevating the lowest floor may be by either suitable fill, foundation wall enclosure, stem walls, pilings, posts, piers, columns or other acceptable means;

(M.C.A. § 76-5-402(2)(b)) (44 C.F.R. § 60.3(b)(8)) (44 C.F.R. § 60.3(c)(6))

      (17)   Crawl space foundation enclosures including subgrade crawlspace enclosures below the lowest floor must meet the wet floodproofing requirements and be designed so that the crawl space floor is at or above the base flood elevation. Crawl space foundations must have an inside dimension of not more than five feet from the ground to the top of the living floor level and a subgrade crawlspace must also have the interior ground surface no more than two feet below the exterior lowest adjacent ground surface on all sides. A subgrade foundation exceeding either dimension is a basement;

      (18)   Manufactured home anchors: for new placement, substantial improvement or replacement of manufactured homes for residential or nonresidential use including additions, the chassis must be secure and must resist flotation, collapse or lateral movement by anchoring with anchoring components capable of carrying a force of 4,800 pounds and as follows:

         (a)   For manufactured homes less than 50 feet long, over-the-top ties to ground anchors are required at each of the four corners of the home, with two additional ties per side at intermediate locations; or

         (b)   For manufactured homes more than 50 feet long, frame ties to ground anchors are required at each corner of the home with five additional ties per side at intermediate points; and

(C.F.R. § 60.3(b)(8)) (C.F.R. § 60.3(c)(6))

      (19)   Access for emergency vehicles is provided. For manufactured homes, access for a manufactured home hauler is also provided (higher standard).

   (C)   Residential building, exceptions or additional requirements. New construction, alterations and substantial improvements of residential dwellings, manufactured homes, including replacement of manufactured homes, must be constructed such that:

      (1)   Elevation of the lowest floor. The lowest floor of the building including an attached garage or basement must be two feet or more above the base flood elevation;

(ARM 36.15.701(3))

      (2)   Enclosure. Enclosures of elevated buildings cannot be dry floodproofed. Use for an enclosure is limited to facilitating building component access. The enclosure including a crawlspace must be wet floodproofed and the enclosure floor must be at or above the base flood elevation. An attached garage floor must be two or more feet above the base flood elevation; and

      (3)   Recreation vehicles. Recreational vehicles on site for more than 180 days or not ready for highway use must meet the requirements for manufactured homes for residential use.

   (D)   Non-residential building, exceptions or additional requirements. New construction, alterations and substantial improvements of non-residential including agricultural, commercial and industrial buildings and residential and non-residential accessory buildings must be constructed such that:

      (1)   Elevation of the lowest floor. The lowest floor of the building must be elevated two feet above the base flood elevation or adequately dry floodproofed according to this section. The lowest floor may be wet proofed provided the use is limited to only parking, loading and storage of equipment or materials not appreciably affected by floodwater;

(ARM 36.15.702(2)) (44 C.F.R. § 60.3(c)(3)(H) (44 C.F.R. § 60.3(c)(3) and (4))

      (2)   Enclosure. Enclosures below the lowest floor on elevated buildings must be wet floodproofed and the use must be limited to parking, access or storage or must be adequately dry floodproofed according to this section;

      (3)   Manufactured homes. Manufactured homes proposed for use as non-residential buildings cannot be dry floodproofed; and

      (4)   Agricultural structures. Agricultural structures not intended to be insurable, used solely for agricultural purposes, having low flood damage potential, used exclusively in connection with the production, harvesting, storage, drying or raising of agricultural commodities including raising of livestock, and not intended for human habitation are exempt from the elevation requirement, dry or wet floodproofing, but shall:

         (a)   Be located on higher ground and as far from the channel as possible;

         (b)   Offer minimal obstruction to flood flows;

         (c)   Be adequately anchored to prevent flotation or collapse;

         (d)   Where electrical, heating and plumbing systems are installed, meet the floodproofing requirements in divisions (B)(10), (B)(11) and (B)(12) above; and

         (e)   Meet the elevation or dry floodproofing requirements if the structure is an animal confinement facility.

(ARM 36.15.602(9) (ARM 36.15.701(3)(e)) (ARM 36.15.702(2)) (Ord. 2018-01, passed 5-21-2008)