§ 153.085 STRUCTURES ACCESSORY OR APPURTENANT.

   (A)   Structures accessory or appurtenant to permitted uses, such as boat docks, loading and parking areas, marinas, sheds, emergency airstrips, permanent fences crossing channels that may impede or stop flows or debris, picnic shelters and tables, and lavatories, that are incidental to a principal structure or use.

   (B)   In addition to the requirements of § 153.076:

      (1)   The structures are not intended for human habitation or supportive of human habitation;

      (2)   The structures will have low flood damage potential;

      (3)   The structures will, insofar as possible, be located on ground higher than the surrounding ground and as far from the channel as possible;

      (4)   The structures will be constructed and placed so as to offer a minimal obstruction to flood flows;

      (5)   Only those wastewater disposal systems that are approved under health and sanitation regulations are allowed;

      (6)   Service facilities within these structures, such as electrical, heating, and plumbing, are flood proofed according to the requirements in §§ 153.100 through 153.103;

      (7)   The structures are firmly anchored to prevent flotation;

      (8)   The structures do not require fill and/or substantial excavation;

      (9)   The structures or use cannot be changed or altered without permit approval; and

      (10)   There is no clearing of riparian vegetation within 50 feet of the mean annual high water mark.

(Prior Code, § 11-2(9.11))

Statutory reference:

   Structures that are accessory or appurtenant in the floodway, see ARM § 36.15.602(9)