(A) Purpose.
(1) Provide communities with current (2013) model regulations; the 1989, 1990, 1992 and 2006 versions are obsolete. Draft versions of the 2014 model were utilized in 2012 and 2013 by several communities and should be updated;
(2) Provides a model and template for local land use regulations for local floodplain hazard management;
(3) Communities participating in the national flood insurance program are required to have up to date floodplain management regulations; and
(4) Includes state and FEMA minimum procedural and development standards.
(B) Consideration.
(1) Substantial adherence to the model will facilitate reviews by DNRC and FEMA.
(2) Legal cites to supporting federal and state statutes and regulations are noted in the model and are for reference during drafting and should be removed before final adoption. The information within the boxes is informational and should be removed as well.
(3) Communities may adopt higher standards pursuant to MCA § 76-5-301(1), and are denoted as “(higher standard)” following the specific regulation in this model. Higher standards, as well as those suggested in the model may have health and safety, as well as economic and ecological benefits to the community. Those communities may have to make findings of fact when adopting floodplain management regulations as to why the higher standards are appropriate in their community.
(4) The regulated flood hazard area is required to be specifically described and updated if necessary.
(5) Local regulations require local notice and adoption.
(6) The special review panel needs to be specified in the variance and administrative appeals sections.
(7) DNRC must find the local floodplain hazard mitigation regulations are adequate before local adoption, allow 30 days for review.
(8) FEMA Region VIII must find the regulations adequate and acceptable before community adoption as well, allow 30 days for review.
(9) Local regulations are required to be updated to the current state and FEMA minimum regulatory standards within six months of a state or FEMA revision or update to the regulated flood hazard area.
(10) Adopting the requirements by regulation, resolution or ordinance as the appropriate vehicle must be determined by the political subdivision.
(Prior Code, § 11.06.000.030) (Ord. 6, passed 3-16-1981; Ord. 2021-15, passed 12-20-2021)