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(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)
(A) An alteration in this paragraph is a change to the existing boundary to the specific maps and data of the referenced studies in this section that form the basis for the regulated flood hazard area.
(B) An alteration may be the result of new data and information or when technical or scientific flood data show that the base flood elevation has or may be changed or was erroneously established and the boundaries of the regulated flood hazard area are incorrect.
(C) Any alteration must be based on reasonable hydrological certainty.
(D) Any alteration or proposed alteration of one-half feet or more in the base flood elevation requires approval of the DNRC in addition to an amendment of the adopted jurisdictional map.
(E) Any additional notices or approvals required by FEMA for the purpose of updating flood insurance rate maps of changes as a result of permitted activity that cause any change in topography by fill or changes in the base flood elevation is the responsibility of the permit applicant. The Floodplain Administer may represent any necessary approvals or endorsements by the permit authority to FEMA.
(F) The Floodplain Administrator shall maintain a record of all alterations.
(G) An alteration is not required when property located within the regulated flood hazard area is shown to be naturally above the base flood elevation.
(H) Except in a flood fringe, alteration approval from DNRC is required if property is to be raised to a level above the base flood elevation by suitable fill and where the encroachment by the fill causes a rise in the base flood elevation of more than one-half feet. No portion of the fill may be within the floodway.
(I) No alteration of a regulated flood hazard area is required when property located within the regulated flood hazard area is elevated with fill to at or above the base flood elevation and is permitted.
(J) When property located within the regulated flood hazard area is naturally above the base flood elevation as proven by a certified elevation survey provided by an engineer or land surveyor, the property owner may be required to submit a letter of map change (LOMA) to FEMA in order to affect the flood risk designation for insurance purposes. Information on the process and requirements are available through FEMA.
(K) Alteration of the floodplain usually requires FEMA approval for modification to their FEMA Insurance Rate Maps and may require preapproval by conditional letter of map revision, and/ or letter of map revision or other map change approvals in addition to approval from the Floodplain Administrator and DNRC.
(Ord. 2013-01, passed 1-30-2013)
Statutory reference:
Alteration of floodplains, see ARM 36.15.505, 36.15.505(1)(b), 36.15.505(2)
Floodway delineation, see ARM 36.15.502
PERMITS, REGULATIONS AND STANDARDS
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