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The following forms may be required by the Floodplain Administrator:
(A) Floodplain permit application. The “Joint Application for Proposed Work in Montana’s Steams, Wetlands, Regulated Flood Hazard Areas and Other Waterbodies”, or other designated form;
(B) Floodplain permit compliance 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;
(C) Floodplain variance application. Submitted by the applicant to the Floodplain Administrator for review of the proposed project prior to the initiation of the project requiring a variance;
(D) Floodplain appeal. Submitted by the applicant to the Floodplain Administrator for review of the proposed project prior to the initiation of the project;
(E) Floodplain emergency notification. Required to be used by persons to notify the Floodplain Administrator of projects undertaken during an emergency to safeguard life or structures. This is not a permit application and the person must take additional steps, as outlined in §§ 1-1-115 through 11-1-117 of this chapter; and
(F) Official complaint form. May be used by any person to notify the Floodplain Administrator of an activity taking place without an official signed floodplain permit. Persons may make signed complaints without use of this form.
(Ord. 2013-01, passed 1-30-2013)
JURISDICTIONAL AREA
(A) The jurisdictional areas referenced herein as the regulated flood hazard area are the 100-year floodplains illustrated and referenced in:
(1) Lake County Flood Insurance Study, effective date 2-6-2013; and
(2) Flood Insurance Rate Map Panel 300122 0790C, effective date 2-6-2013.
(B) The regulated flood hazard area specifically described or illustrated in the specific study including maps that have been delineated, designated and established by order of the DNRC or FEMA pursuant to MCA 76-5-201.
(C) Use allowances, design and construction requirements in these regulations vary by the specific areas identified as floodway and flood fringe.
(Ord. 2013-01, passed 1-30-2013)
(A) The mapped boundaries illustrated in the referenced studies in this section 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 of the referenced study in this section.
(C) Boundary points of the regulated flood hazard area may be illustrated for guidance on reference maps, but the boundary is the actual intersection of the applicable base flood elevation with the natural adjacent terrain of the watercourse or channel.
(D) The floodway boundary is as illustrated on the referenced maps and studies.
(E) Any owner or lessee of property who believes his property has been inadvertently included in the regulated flood hazard area may submit scientific and/or technical information to the Floodplain Administrator. Changes to the National Flood Insurance Rate Maps for the National Flood Insurance Program through a FEMA letter of map change process are the responsibility of the owner or lessee.
(F) The Floodplain Administrator may require elevation information provided by an engineer or land surveyor or other information as needed for any development that may be considered to be subject to these regulations. The Floodplain Administrator’s interpretation of the boundaries and decision may be appealed as set forth in §§ 11-1-150 through 11-1-154 of this chapter.
(Ord. 2013-01, passed 1-30-2013)
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