§ 153.055 PERMIT APPLICATION.

   (A)   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.

   (B)   A floodplain permit is required for artificial obstructions, developments, and uses not specifically listed in §§ 153.075 through 153.089, and §§ 153.100 through 153.103, except as allowed without a floodplain permit in §§ 153.038 and 153.039, or as prohibited as specified in §§ 153.040 and 153.041, within the regulated flood hazard area.

   (C)   Artificial obstructions and nonconforming uses in a regulated flood hazard area not exempt under §§ 153.038 and 153.039 are public nuisances, unless a floodplain permit has been obtained.

   (D)   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 §§ 153.038 and 153.039.

   (E)   A floodplain permit is required to reconstruct or repair an existing artificial obstruction that has experienced substantial damage and will undergo substantial improvement.

   (F)   Maintenance of an existing artificial obstruction or use that is a substantial improvement or an alteration requires a floodplain permit.

(Prior Code, § 11-2(7.1))

Statutory reference:

   Permit application regulations, see MCA § 76-5-404, MCA § 76-5-404(1), MCA § 76-5-404(3)(b), ARM § 36.15.204(2)(a)

Federal reference:

   Permit application regulations, see 44 C.F.R. § 60.1