In addition to the requirements of § 153.076, that:
(A) The fill is a suitable fill;
(B) Reasonable alternate transportation routes outside the floodway are not available; and
(C) The encroachment is located as far from the stream channel as possible.
(Prior Code, § 11-2(9.5))
Statutory reference:
Limited filling in roads and railroad embankments in the floodway, see ARM § 36.15.602(3)