(A) A floodplain permit is required for a person to establish, alter or substantially improve an artificial obstruction, non-conforming use or development within the regulated flood hazard area (44 C.F.R. § 60.1 and ARM § 36.15.204(2)(a).
(B) A floodplain permit is required for artificial obstructions, developments and uses not specifically listed in §§ 11.06.090.010 through 11.06.090.150 and 11.06.100.010 through 11.06.100.040, except as allowed without a floodplain permit in §§ 11.06.050.010 and 11.06.050.020, or as prohibited as specified §§ 11.06.060.010 and 11.06.060.020, within the regulated flood hazard area.
(C) Artificial obstructions and non-conforming uses in a regulated flood hazard area not exempt under §§ 11.06.050.010 and 11.06.050.020 are public nuisances, unless a floodplain permit has been obtained.
(D) A floodplain permit is required for an alteration of an existing artificial obstruction or non-conforming use that increases the external size or increases its potential flood hazard and not exempt under §§ 11.06.050.010 and 11.06.050.020 (ARM § 36.15.204(2)(a)).
(E) A floodplain permit is required to reconstruct or repair an existing artificial obstruction that has experienced substantial damage and will undergo substantial improvement.
(F) Maintenance of an existing artificial obstruction or use that is a substantial improvement or an alteration requires a floodplain permit.
(Prior Code, § 11.06.070.010) (Ord. 6, passed 3-16-1981; Ord. 2021-15, passed 12-20-2021)
Statutory reference:
Artificial obstructions and non-conforming uses, see MCA § 76-5-404(1)
Maintenance of an existing artificial obstruction or use, see MCA § 76-5-404(3)(b)
Required floodplain permits, see MCA § 76-5-404(3)(b)
Similar provisions, see MCA § 76-5-404