(A) Floodplain permit applications shall be approved provided the proposed new construction, substantial improvement, or alteration of an artificial obstruction meets the requirements of the minimum standards and criteria in §§ 153.075 through 153.089, and §§ 153.100 through 153.103, and other requirements of these regulations.
(B) A floodplain permit application for a development that will cause an increase of more than zero feet to the base flood elevation of the floodway, or more than half of a foot to the base flood elevation of the regulated flood hazard area without a floodway, shall not be approved until approval for an alteration pursuant to § 153.037 has been approved, the regulated flood hazard area is amended, and a FEMA CLOMR, where required, is issued.
(C) The Floodplain Administrator shall determine that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including § 404 of the Federal Water Pollution Control Act Amendment of 1972, 36 U.S.C. § 1344.
(Prior Code, § 11-2(8.3))
Federal reference:
Floodplain permit criteria, see 44 C.F.R. § 60.3, 44 C.F.R. § 60.3(a)(2)
Statutory reference:
Floodplain permit criteria, see MCA § 76-5-406