For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR FLOOD. See FLOODPLAIN.
ALTERATION. Any change or addition to an artificial obstruction that either increases its external dimensions or increases its potential flood hazard. See also, SUBSTANTIAL IMPROVEMENT.
(ARM 36.15.101(2))
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 DEVELOPMENT.
(ARM 36.15.101(3)) (MCA 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.
(ARM 36.15.101(4))
BASE FLOOD ELEVATION (BFE). The elevation above sea level of the base flood in relation to the National Geodic Vertical Datum of 1929 or the North American Vertical Datum of 1988 or unless otherwise specified.
(ARM 36.15.101(5))
BASEMENT. Any area of the building having its lowest floor below ground level on all sides.
CHANNEL. The geographical area within either the natural or artificial banks of a watercourse or drain way.
(MCA 76-5-103(2))
CRAWL SPACE. Any area below the ground level and below the lowest floor having an interior dimension of four feet or less measured from the interior ground surface to the top of the stem wall.
DNRC. Montana Department of Natural Resources and Conservation.
DEVELOPMENT. Any man-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 ARTIFICIAL OBSTRUCTION.
ENCROACHMENT. Activities or construction within the floodplain including fill, new construction, substantial improvements and other development.
ENCROACHMENT ANALYSIS. An analysis performed by an engineer to assess the impacts of the proposed artificial obstruction or non-conforming use to the 100-year floodplain, base flood elevation and velocity.
ESTABLISH. To construct, place, insert or excavate.
(ARM 36.15.101(9) (MCA 76-5-103(7))
FEMA. Federal Emergency Management Agency.
FLOODPLAIN. The area including and adjoining the watercourse or drainway that would be covered by the flood water of a flood of a 100-year frequency.
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.
(MCA 76-5-103(9))
FLOOD FRINGE. The identified portion of the regulated flood hazard area outside the limits of the floodway.
(ARM 36.15.101(10))
FLOODWAY. The identified portion of the regulated flood hazard area and is the channel and the areas adjoining the channel that are reasonably required to carry the discharge of the base flood without cumulatively increasing the water surface by more than one-half foot.
(MCA 76-5-103(5), 76-5-103(11))
FLOODPLAIN ADMINISTRATOR. Community official or representative appointed to administer and implement the provisions of this chapter.
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, HVAC systems, structures and their contents.
LOWEST FLOOR. Any floor of a building including a basement used for living purposes, storage or recreation. This includes any floor that could be converted to such a use.
(ARM 36-15-101(14))
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.
MANUFACTURED OR MOBILE HOME. A structure that 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.
(ARM 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 ordinances and includes any subsequent improvements to such structures.
(ARM 36.15.101(20))
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 including 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.
OWNER. Any person who has dominion over, control of or title to an artificial obstruction.
(ARM 76-5-103(13))
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 truck; and
(4) Designed primarily for use as temporary living quarters for recreation, camping, travel or seasonal use, not for use as a permanent dwelling.
REGULATED FLOOD HAZARD AREA. A floodplain whose limits have been designated pursuant to MCA Title 76, Ch. 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, a flood of a 100-year frequency. The REGULATED FLOOD HAZARD AREA consists of the floodway and flood fringe where specifically designated.
(ARM 36-15-101(11)) (MCA 76-5-103(4), 76-5-103(10))
RIPRAP. Stone, rocks, concrete blocks or analogous material that is placed within the floodplain for the purpose of preventing or alleviating erosion.
(ARM 36.15.101(18))
RESIDENTIAL. A building for living purposes or place of assembly or permanent use by human beings. All other buildings are non-residential.
SCOUR DEPTH. The maximum depth of streambed scour caused by erosive forces of the base flood discharge.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. A STRUCTURE is also, bridge, culvert, dam, diversion, wall, revetment, dike or other projection that may impede, retard or alter the pattern of flow of water.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would exceed 50% of the market value of the structure before the damage occurred.
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:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition,
SUBSTANTIAL IMPROVEMENT is considered to occur when the first construction of any wall, ceiling, floor or other structural part of the building commences. 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.
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.
(ARM 36.15.101(22))
VIOLATION. A failure of a structure or other development to be fully compliant with these regulations.
(Ord. 2013-01, passed 1-30-2013)
Federal law reference:
Certification requirements, 44 C.F.R. § 65.2(b)
Definitions, see 44 C.F.R. § 59.1