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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR FLOOD. A 1% annual chance flood. See also definition of base flood.
ALTERATION. Any change or addition to an artificial obstruction that either increases its external dimensions or increases its potential flood hazard.
(A.R.M. § 36.15.101(2))
APPURTENANT STRUCTURE. A structure in which the use is incidental or accessory to the use of a principal structure.
(44 C.F.R. § 59.1)
ARTIFICIAL OBSTRUCTION. Any obstruction which is not natural and includes any development, dam, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, road, bridge, conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along, across or projecting into any regulated flood hazard area that may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. See also definition of development.
(A.R.M. § 36.15.101(3)) (M.C.A. § 76-5-103(1))
BASE FLOOD (FLOOD OF 100-YEAR FREQUENCY). A flood having a 1% chance of being equaled or exceeded in any given year.
(A.R.M. § 36.15.101(4)) (44 C.F.R. § 59.1)
BASE FLOOD ELEVATION (BFE). The elevation above sea level of the base flood in relation to the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988 or unless otherwise specified.
(A.R.M. § 36.15.101(5))
BASEMENT. Any area of a building, except a crawl space, as having its lowest floor below ground level on all sides.
(44 C.F.R. § 59.1) (NFIP Insurance Manual, Rev. May 2013)
BUILDING. A walled and roofed structure, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
(44 C.F.R. § 59.1)
CHANNEL. The geographical area within either the natural or artificial banks of a watercourse or drain way.
(M.C.A. § 76-5-103(2))
CRAWL SPACE. An enclosure that has its interior floor area no more than five feet below the top of the next highest floor. See definitions of enclosure and subgrade crawlspace.
(NFIP Insurance Manual, Rev. May 2013)
DNRC. Montana Department of Natural Resources and Conservation.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. See also definition of ARTIFICIAL OBSTRUCTION.
(44 C.F.R. § 59.1)
ELEVATED BUILDING. A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns. A building on a crawlspace is considered an ELEVATED BUILDING.
(NFIP Insurance Manual, Rev. May 2013)
ENCLOSURE. That portion below the lowest elevated floor of an elevated building that is either partially or fully shut in by rigid walls including a crawlspace, sub grade crawlspace, stairwell, elevator or a garage below or attached.
ENCROACHMENT. Activities or construction within the regulated flood hazard area including fill, new construction, substantial improvements and other development.
ENCROACHMENT ANALYSIS. A hydrologic and hydraulic analysis performed by an engineer to assess the effects of the proposed artificial obstruction or non-conforming use on base flood elevation, flood flows and flood velocities.
ESTABLISH. To construct, place, insert or excavate.
(A.R.M. § 36.15.101(9)) (M.C.A. § 76-5-103(7))
EXISTING ARTIFICIAL OBSTRUCTION OR NON-CONFORMING USE. An artificial obstruction or non-conforming use that was established before land use regulations were adopted pursuant to M.C.A. § 76-5-404(3).
FEMA. Federal Emergency Management Agency.
FLOOD FRINGE. The identified portion of the floodplain of the regulated flood hazard area outside the limits of the floodway.
(A.R.M. § 36.15.101(10))
FLOOD OF 100-YEAR FREQUENCY (BASE FLOOD). A flood magnitude expected to recur on the average of once every 100 years or a flood magnitude that has a 1% chance of occurring in any given year.
(44 C.F.R. § 59.1) (M.C.A. § 76-5-103(9))
FLOOD-PROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, electrical, plumbing, HVAC systems, structures and their contents. The term includes wet flood-proofing, dry flood-proofing and elevation of structures.
(44 C.F.R. § 59.1)
FLOODPLAIN. The area of the regulated flood hazard area including and adjoining the watercourse or drainway that would be covered by the flood water of a base flood. The area is partitioned into a flood fringe and floodway where specifically designated. See definition of REGULATED FLOOD HAZARD AREA.
FLOODPLAIN ADMINISTRATOR. Community official or representative appointed to administer and implement the provisions of this chapter.
FLOODWAY. The identified portion of the floodplain of the regulated flood hazard area that is the channel and the area adjoining the channel that is reasonably required to carry the discharge of the base flood without cumulatively increasing the water surface by more than one-half foot.
(M.C.A. §§ 76-5-103(5), 76-5-103(11))
LETTER OF MAP CHANGE (LOMC). An official response from FEMA that amends or revises the FEMA special flood hazard area and FEMA Flood Insurance Study for flood insurance purposes and/or flood risk hazard. FEMA LETTERS OF MAP CHANGE specific to an amendment or revision include the following.
(1) CONDITIONAL LETTER OF MAP REVISION (CLOMR). A FEMA letter of approval for a proposed physical change that when completed would propose to change the flood zones, delineation or elevations on the FEMA Flood Insurance Rate Map or FEMA Flood Boundary Map and may amend the FEMA Flood Insurance Study through a subsequent LOMR. The CLOMR may be considered in an evaluation by DNRC and the Floodplain Administrator during consideration of a proposed alteration to the regulated flood hazard area.
(2) LETTER OF MAP AMENDMENT (LOMA). A letter of determination from FEMA issued in response to a request that a property or structure is not subject to the mandatory flood insurance requirement because it was inadvertently located in the effective FEMA special flood hazard area. The material submitted and response from FEMA may be considered by the Floodplain Administrator for determining if a property or structure is within the regulated flood hazard area and subject to these regulations.
(3) LETTER OF MAP REVISION (LOMR). An official FEMA amendment to the currently effective FEMA Flood Insurance Rate Map or FEMA Flood Boundary Map based on a physical change to the floodplain of the special flood hazard area. It is issued by FEMA and changes flood zones, delineations and elevations on the FEMA Flood Insurance Rate Map or FEMA Flood Boundary Map and may amend the FEMA Flood Insurance Study. It must be preceded by an approved alteration of the designated floodplain from DNRC and subsequently an amendment to the regulated flood hazard area.
(4) LETTER OF MAP REVISION BASED ON FILL (LOMR-F). A letter of approval from FEMA removing the mandatory requirement for flood insurance on property based on placement of fill or an addition. Placement of fill or an addition must be preceded by a permit pursuant to these regulations. Placement of fill does not remove the development from the regulated flood hazard area or these regulations.
LOWEST FLOOR.
(1) Any floor of a building including a basement used for living purposes, storage or recreation.
(2) This includes any floor that could be converted to such a use.
(A.R.M. § 36.15.101(14)) (44 C.F.R. § 59.1)
MANUFACTURED HOME PARK OR SUBDIVISION. Includes the construction of facilities for servicing the manufactured home lots and at a minimum includes the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
(44 C.F.R. § 59.1)
MANUFACTURED OR MOBILE HOME. A building that may be residential or non-residential, is transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.
(A.R.M. § 36.15.101(15))
NEW CONSTRUCTION. Structures for which the commencement of clearing, grading, filling or excavating to prepare a site for construction occurs on or after the effective date of these regulations and includes any subsequent improvements to such structures.
(A.R.M. § 36.15.101(20)) (44 C.F.R. § 59.1)
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed includes at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads and is completed on or after the effective date of floodplain management regulations adopted by a community.
(44 C.F.R. § 59.1)
NON-RESIDENTIAL. Buildings including manufactured homes that are not residential including commercial, agricultural, industrial buildings and accessory buildings. See definition of RESIDENTIAL BUILDING.
OWNER. Any person who has dominion over, control of or title to an artificial obstruction.
(M.C.A. § 76-5-103(13))
PERSON. Includes any individual, or group of individuals, corporation, partnership, association or any other entity, including state and local governments and agencies.
(44 C.F.R. § 59.1)
RECREATIONAL VEHICLE. A park trailer, travel trailer or other similar vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a motorized vehicle; and
(4) Designed primarily for use as temporary living quarters for recreation, camping, travel or seasonal use, not for use as a permanent dwelling.
(44 C.F.R. § 59.1)
REGULATED FLOOD HAZARD AREA. A floodplain whose limits have been designated pursuant to M.C.A. Title 76, Chapter 5, part 2, and is determined to be the area adjoining the watercourse that would be covered by the flood water of a base flood. The REGULATED FLOOD HAZARD AREA consists of the floodway and flood fringe where specifically designated.
(A.R.M. § 36-15-101(11)) (M.C.A. §§ 76-5-103(4), 76-5-103(10))
RESIDENTIAL BUILDING. A dwelling or building for living purposes or place of assembly or permanent use by human beings and including any mixed use of residential and non-residential use. All other buildings are non-residential.
RIPRAP. Stone, rocks, concrete blocks or analogous materials that are placed along the bed or banks of a watercourse or drainway for the purpose of preventing or alleviating erosion.
(A.R.M. § 36.15.101(18))
SCOUR DEPTH. The maximum depth of streambed scour caused by erosive forces of the base flood.
SPECIAL FLOOD HAZARD AREA. Land area which has been specifically identified by the Federal Emergency Management Agency as the floodplain within a community subject to a 1% or greater chance of flooding in any given year. It is useful for the purposes of identifying flood hazards by local subdivisions of government for regulatory purposes as well as use by the National Flood Insurance Program for establishing risk zones and flood insurance premium rates. The FEMA flood hazard area zone designation or flood risk potential is as illustrated on FEMA’s Flood Hazard Boundary Map or Flood Insurance Rate Map.
STRUCTURE. Any artificial obstruction.
SUBGRADE CRAWLSPACE. A crawlspace foundation enclosure that has its interior floor no more than five feet below the top of the next higher floor and no more than two feet below the lowest adjacent grade on all sides. A foundation exceeding either dimension is a basement.
(NFIP Insurance Manual, Rev. May 2013)
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would exceed 50% of the market value of the structure before the damage occurred.
(44 C.F.R. § 59.1)
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction or improvement of a structure where the cost equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or if the structure has been damaged, and is being restored, before the damage occurred:
(1) Substantial improvement is considered to occur when the first construction of any wall, ceiling, floor or other structural part of the building commences;
(2) The term does not include:
(a) Any project for improvement of a structure to comply with existing state or local Health, Sanitary or Safety Code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.
(A.R.M. § 36.15.101(21)) (44 C.F.R. § 59.1)
SUITABLE FILL. Fill material which is stable, compacted, well graded and pervious, not adversely affected by water and frost, devoid of trash or similar foreign matter, tree stumps or other organic material; and is fitting for the purpose of supporting the intended use and/or permanent structure.
(A.R.M. § 36.15.101(22))
(A.R.M. § 36.15.101(23))
VIOLATION. A finding and order pursuant to the regulations against the owner or responsible party of the failure of a structure or other development to be fully compliant with these regulations.
(44 C.F.R. § 59.1)
(Prior Code, § 15.52.180) (Ord. 455, passed 11-23-2021)
The following forms may be required by the Floodplain Administrator.
(A) Floodplain permit application form. The “Joint Application for Proposed Work in Montana’s Streams, Wetlands, Regulated Flood Hazard Areas, and Other Waterbodies”, or other designated application form. A completed FEMA MT-l form may be required to accompany the application when required by the Floodplain Administrator.
(B) Floodplain permit compliance report. A report required to be submitted by the applicant to the Floodplain Administrator once the permitted project in the regulated flood hazard area is completed or within the designated time stipulated on the floodplain permit. A compliance report including an elevation and/or flood-proofing certificate may be required where specified for the purpose of documenting compliance with the requirements of the permit.
(F) Official complaint form. A form that may be used by any person to notify the Floodplain Administrator of an activity taking place that appears to be non-compliant with the requirements of these regulations.
(Prior Code, § 15.52.190) (Ord. 455, passed 11-23-2021)
(A) A reasonable application fee for processing of permit applications may be imposed.
(B) Fees may be adopted for costs of permit applications, notices, variances, inspections, certifications or other administrative actions required by these regulations.
(A.R.M. § 36.15.204(3)(b)) (Prior Code, § 15.52.200) (Ord. 455, passed 11-23-2021)
REGULATED FLOOD HAZARD AREA
(A) The regulated flood hazard areas are the 100-year floodplains illustrated and referenced in the following specific studies and reports described as follows:
(1) May 19, 1987, FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMS) 3001620680B for Phillips County, Montana, and only for those properties that are within the city’s jurisdictional area; and
(2) May 19, 1987, FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for the City of Malta, Phillips County Montana, and as amended in conformance with DNRC approval and FEMA Letter of Map Revision (LOMR) dated December 29, 2006, case number 06-08-B483P.
(B) The regulated flood hazard areas specifically described or illustrated in the above referenced studies and maps of the 100-year floodplain have been delineated, designated and established by order or determination by the DNRC, pursuant to M.C.A. §§ 76-5-201 et seq.
(Prior Code, § 15.52.210) (Ord. 455, passed 11-23-2021)
(A) The mapped boundaries of the floodplain illustrated in the referenced studies and maps in this subchapter are a guide for determining whether property is within the regulated flood hazard area.
(B) A determination of the outer limits and boundaries of the regulated flood hazard area or the flood fringe and floodway within the regulated flood hazard area includes an evaluation of the maps as well as the particular study data referenced in this subchapter. Supporting study material for base flood elevations takes precedence over any map illustrations if it exists.
(C) The regulated flood hazard area boundary is delineated by the base flood elevation. The physical field regulatory boundary of the regulated flood hazard area is the actual intersection of the applicable study base flood elevation with the existing adjacent terrain of the watercourse or drainway.
(A.R.M. § 36.15.501(6))
(D) The floodway boundary where identified within the floodplain is as illustrated on the referenced maps and studies. Since the floodway boundary is a study feature, the location of the boundary may be physically located by referencing the study data to a ground feature. The Floodplain Administrator’s interpretation of the boundary and decision may be appealed as set forth in §§ 154.120 through 154.124 of this chapter.
(E) The Floodplain Administrator may request additional information described below to determine whether or not the proposed development is within the regulated flood hazard area.
(1) Where base flood elevations exist, the property owner may provide additional information which may include elevation information provided by an engineer or land surveyor in order to determine if the proposed development is subject to these regulations.
(A.R.M. § 36.15.501(6))
(2) Where base flood elevations do not exist, the property owner may provide additional information to be considered to determine the location of the regulatory boundary or alternatively provide a computed base flood elevation provided by an engineer.
(F) Any owner or lessee of property who believes his or her property has been inadvertently included in the regulated flood hazard area including the floodway or flood fringe may submit scientific and/or technical information to the Floodplain Administrator for a determination if the property is appropriately located. Scientific or technical information submitted to FEMA by an owner to affect the insurance rating for insurance purposes may be considered by the Floodplain Administrator. A determination by the Floodplain Administrator is independent of any determination by FEMA for insurance purposes.
(Prior Code, § 15.52.220) (Ord. 455, passed 11-23-2021)
(A) Revisions or updates to the specific maps and data that alter the established floodplains or floodway of the regulated flood hazard area requires DNRC approval pursuant to M.C.A. § 75-5-203. An alteration of the regulated flood hazard area is a DNRC-approved amendment to the DNRC order that originally delineated and designated the 100-year floodplain and is the basis of the regulated flood hazard area referenced in § 154.035(A)(2) of this chapter. A DNRC-approved alteration consists of revisions or updates to the specific maps and data of the referenced studies in this chapter and forms the basis for an amendment to the regulated flood hazard area in these regulations.
(A.R.M. § 36.15.505)
(B) Any change to the regulated flood hazard area as a result of a DNRC alteration is effective upon amendment to the regulated flood hazard area described in § 154.035(A) of this chapter.
(C) Substantial natural physical change or new technical or scientific flood data showing that the base flood elevation has or may be changed or was erroneously established shall be brought to the attention of DNRC and FEMA.
(A.R.M. § 36.15.505(1)(a)) (44 C.F.R. § 65.3)
(D) Any floodplain permit application for a proposed development or artificial obstruction must be denied until a DNRC alteration pursuant to M.C.A. § 76-5-203 is approved if it causes an increase of one-half feet or more to the base flood elevation of a regulated flood hazard area without a floodway or an increase of more than zero feet to the base flood elevation of a floodway.
(E) To propose an alteration, a petition must be submitted to DNRC and must include the following information:
(1) Certification that no buildings are located in the areas which would be impacted by the increased base flood elevation;
(44 C.F.R. § 65.12(a)(5))
(2) Evidence of notice to all property and land owners of the proposed impacts to their properties explaining the proposed impact on their property;
(44 C.F.R. § 65.12(a)(3))
(3) Information that demonstrates that alternatives are not feasible;
(44 C.F.R. § 65.12(a)(2))
(4) Information that demonstrates that development is for a public use or benefit; and
(5) Any other supporting information and data as needed for approvals.
(A.R.M. § 36.15.505) (44 C.F.R. §§ 60.3(c)(10), 60.3(d)(3), 65.7, 65.12)
(F) The Floodplain Administrator may represent the permit authority for any necessary applications, approvals or endorsements such as the FEMA Community Acknowledgment Form to FEMA where affecting the FEMA special flood hazard area.
(G) A determination by the Floodplain Administrator that land areas located within the regulated flood hazard area are above the base flood elevation as proven by a certified elevation survey does not constitute or require an alteration or an amendment of the regulated flood hazard area and may be maintained as a public record that more explicitly defines the regulated flood hazard area boundary.
(H) Elevating with suitable fill as permitted does not alter the regulated flood hazard area or remove the elevated area from the regulated flood hazard area.
(A.R.M. § 36.15.505(2))
(I) A floodplain permit implementing the physical change cannot be approved until a CLOMR has been issued by FEMA.
(Prior Code, § 15.52.230) (Ord. 455, passed 11-23-2021)
(A) General. Existing artificial obstructions or non-conforming uses established before land use regulations pursuant to M.C.A. § 76-5-301 were effective, are allowed without a permit.
(1) However, alteration or substantial improvement of an existing artificial obstruction or non-conforming use requires a floodplain permit.
(2) Maintenance of an existing artificial obstruction or non-conforming use does not require a floodplain permit if it does not cause an alteration or substantial improvement.
(M.C.A. § 76-5-404(3)) (Prior Code, § 15.52.240)
(B) Open space uses. The following open space uses shall be allowed without a permit in the regulated flood hazard area; provided that, such uses are not prohibited by any other regulation or statute, do not require structures and do not require fill, grading, excavation or storage of materials or equipment:
(A.R.M. §§ 36.15.601, 36.15.701)(1)) (M.C.A. §§ 76-5-401, 76-5-404(3))
(1) Agricultural uses, not including related structures, such as tilling, farming, irrigation, ranching, harvesting, grazing and the like;
(A.R.M. § 36.15.601(1)(a)) (M.C.A. § 76-5-401(1))
(2) Accessory uses, not including structures, such as loading and parking areas, or emergency landing strips associated with industrial or commercial facilities;
(A.R.M. § 36.15.601(1)(b)) (M.C.A. § 76-5-401(2))
(3) Forestry, including processing of forest products with portable equipment;
(A.R.M. § 36.15.601(1)(d)) (M.C.A. § 76-5-401(4))
(4) Recreational vehicle use provided that the vehicle is on the site for fewer than 180 consecutive days and the vehicle is fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system with wheels intact, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions;
(44 C.F.R. § 60.3(c)(14))
(5) Residential uses such as lawns, gardens, parking areas and play areas;
(A.R.M. § 36.15.601(1)(e)) (M.C.A. § 76-5-401(5))
(6) Maintenance of the existing state of an existing open space uses including preventive maintenance activities such as bridge deck rehabilitation and roadway pavement preservation activities. Maintenance cannot increase the external size or increase the hazard potential of the existing open space use;
(M.C.A. § 76-5-404(3)(b))
(7) Public or private recreational uses not requiring structures such as picnic grounds, swimming areas, boat ramps, parks, campgrounds, golf courses, driving ranges, archery ranges, wildlife management and natural areas, alternative livestock ranches (game farms), fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas and hiking and horseback riding trails;
(A.R.M. § 36.15.601(1)(c)) (M.C.A. § 76-5-401)
(8) Fences that have a low impact to the flow of water such as barbed wire fences and wood rail fences, and not including permanent fences crossing channels. Fences that have the potential to stop or impede flow or debris such as a chain link or privacy fence requires a floodplain permit and meet the requirements of § 154.070(A) of this chapter;
(A.R.M. § 36.15.601(2)(b)) (M.C.A. § 76-5-401)
(9) Addition of highway guard rail, signing and utility poles that have a low impact to the flow of water along an existing roadway; and
(10) Irrigation and livestock supply wells; provided that, they are located at least 500 feet from domestic water supply wells and with the top of casing 18 inches above the base flood elevation.
(A.R.M. §§ 36.15.601(2)(a), 36.21.647) (M.C.A. § 76-5-401)
(Prior Code, § 15.52.250)
(Ord. 455, passed 11-23-2021)
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