The following artificial obstructions and non-conforming uses are prohibited in the flood fringe or regulated flood hazard area without a floodway, except for those established before land use regulations have been adopted:
(A) 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 § 36-15-703(1) and 44 C.F.R. § 60.3(a)(3));
(B) Storage of toxic, flammable, hazardous or explosive materials (ARM § 36-15-703(2));
(C) The construction or storage of an artificial obstruction subject to flotation or movement during flood level periods (higher standard);
(D) Cemeteries, mausoleums or any other burial grounds (higher standard); and
(E) Critical facilities, including buildings and associated structures that provide essential community care and emergency operation functions, such as schools, hospitals, nursing home facilities, fire stations and police stations (higher standard) (44 C.F.R. § 60.22(a)(2)).
(Prior Code, § 11.06.060.020) (Ord. 6, passed 3-16-1981; Ord. 2021-15, passed 12-20-2021)
Statutory reference:
Similar provisions, see MCA § 76-5-404(3)