(A) Floodplain permit applications shall be approved; provided the proposed new construction, substantial improvement or alteration of an artificial obstruction meets the requirements of the minimum standards and criteria in §§ 11.06.090.010 through 11.06.090.150 and 11.06.100.010 through 11.06.100.040, and other requirements of these regulations (44 C.F.R. § 60.3).
(B) A floodplain permit application for a development that will cause an increase of more than zero feet to the base flood elevation of the floodway or more than one-half foot to the base flood elevation of the regulated flood hazard area without a floodway shall not be approved until approval for an alteration pursuant to § 11.06.040.030 has been approved, the regulated flood hazard area is amended and a FEMA CLOMR where required is issued.
(C) The Floodplain Administrator shall determine that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. § 1334 (44 C.F.R. § 60.3(a)(2)).
(Prior Code, § 11.06.080.030) (Ord. 6, passed 3-16-1981; Ord. 2021-15, passed 12-20-2021)
Statutory reference:
Similar provisions, see MCA § 76-5-406