The following artificial obstructions and non-conforming uses are prohibited in the floodway of the regulated flood hazard area, except for those established before land use regulations pursuant to MCA § 76-5-301 have been adopted:
(A) A building for residential or non-residential purposes (ARM §§ 36.15.605)(1)(a), (2)(a) and (2)(b);
(B) A structure, fill or excavation that would cause water to be diverted from the floodway, cause erosion, obstruct the natural flow of waters or reduce the carrying capacity of the floodway. Notwithstanding these requirements, excavation or fill may be allowed when it is a component to a permitted use allowed in these regulations;
(C) The construction or storage of an object (artificial obstruction) subject to flotation or movement during flood level periods (ARM § 36.15.605(1)(c));
(D) Solid and hazardous waste disposal and individual and multiple family sewage disposal systems, unless the systems meet the local health and sanitation regulations, and when permitted pursuant to these regulations, and are designed to minimize or eliminate infiltration of flood waters and avoid impairment or contamination (ARM § 36-15-605(2)(c) and 44 C.F.R. § 60.3(a)(3));
(E) Storage of toxic, flammable, hazardous or explosive materials (ARM § 36.15.605(2)(d)); and
(F) Cemeteries, mausoleums or any other burial grounds (higher standard).
(Prior Code, § 11.06.060.010) (Ord. 6, passed 3-16-1981; Ord. 2021-15, passed 12-20-2021)
Statutory reference:
Artificial obstruction, see MCA § 76-5-403(3)
Building for residential or non-residential purposes, see MCA § 76-5-403(1)
Similar provisions, see MCA § 76-5-404(3)
Water to be diverted from the floodway, see MCA § 76-5-403(2)