§ 154.035 REGULATED FLOOD HAZARD AREAS.

   (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.

   (C)   Use allowances, design and construction requirements specifically in §§ 154.050 through 154.055, 154.070 and 154.071 of this chapter vary by the specific floodplain areas including areas identified as floodway and flood fringe within the regulated flood hazard area.

(Prior Code, § 15.52.210) (Ord. 455, passed 11-23-2021)

§ 154.036 INTERPRETATION OF REGULATED FLOOD HAZARD AREA BOUNDARIES.

   (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.

      (3)   The Floodplain Administrator’s interpretation of the boundaries and decision may be appealed as set forth in §§ 154.120 through 154.124 of this chapter.

   (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)

§ 154.037 ALTERATION OF REGULATED FLOOD HAZARD AREA.

   (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)

§ 154.038 USES ALLOWED WITHOUT A PERMIT WITHIN THE REGULATED FLOOD HAZARD AREA.

   (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)

§ 154.039 PROHIBITED USES, ACTIVITIES AND STRUCTURES WITHIN THE REGULATED FLOOD HAZARD AREA.

   (A)   Floodway. 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 M.C.A. § 76-5-301 have been adopted:

(M.C.A. § 76-5-404(3))

      (1)   A building for residential or non-residential purposes;

(A.R.M. §§ 36.15.605(1)(a), 36.15.605(2)(a), 36.15.605(2)(b)) (M.C.A. § 76-5-403(1))

      (2)   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;

(M.C.A. § 76-5-403(2))

      (3)   The construction or storage of an object (artificial obstruction) subject to flotation or movement during flood level periods;

(A.R.M. § 36.15.605(1)(c)) (M.C.A. § 76-5-403(3))

      (4)   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;

(A.R.M. § 36-15-605(2)(c)) (44 C.F.R. § 60.3(a)(3))

      (5)   Storage of toxic, flammable, hazardous or explosive materials; and

(A.R.M. § 36.15.605(2)(d))

      (6)   Cemeteries, mausoleums or any other burial grounds.

(Prior Code, § 15.52.260)

   (B)   Flood fringe or regulated flood hazard area without a floodway. 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:

(M.C.A. § 76-5-404(3))

      (1)   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;

(A.R.M. § 36-15-703(1)) (44 C.F.R. § 60.3(a)(3))

      (2)   Storage of toxic, flammable, hazardous or explosive materials;

(A.R.M. § 36-15-703(2))

      (3)   The construction or storage of an artificial obstruction subject to flotation or movement during flood level periods;

      (4)   Cemeteries, mausoleums or any other burial grounds; and

      (5)   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.

(44 C.F.R. § 60.22(a)(2))

(Prior Code, § 15.52.270)

(Ord. 455, passed 11-23-2021)