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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
In addition to existing non-conforming uses and artificial obstructions established before the effective date of floodplain hazard management regulations, 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 resolution or statute, do not require structures and do not require alteration of the floodplain such as fill, grading, excavation or storage of materials or equipment:
(A) Agricultural uses, not including related structures, such as tilling, farming, irrigation, ranching, harvesting, grazing and the like;
(B) Accessory uses, not including structures, such as loading and parking areas, or emergency landing strips associated with industrial or commercial facilities;
(C) Forestry, including processing of forest products with portable equipment;
(D) Recreational vehicle use; provided that, the use 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;
(E) Residential uses such as lawns, gardens, parking areas and play areas;
(F) Maintenance of existing open space uses or artificial obstructions;
(G) Preventive maintenance activities such as bridge deck rehabilitation and roadway pavement preservation activities are considered maintenance;
(H) Public or private recreational uses not requiring structures such as picnic grounds, swimming areas, 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;
(I) Fences such as those that have a low impact to the flow of water, such as barbed wire fences and wood rail fences and shall not include permanent fences crossing channels;
(J) Addition of highway guard rail, signing and utility poles along an existing roadway; and
(K) 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.
(Ord. 2013-01, passed 1-30-2013)
Federal law reference:
Recreational vehicles placed on sites, see 44 C.F.R. § 60.3(c)(14)
Statutory reference:
Allowed uses, see ARM 36.15.701
Uses allowed without permits, see ARM 36.15.601
(A) Floodway. The following artificial obstructions and non-conforming uses are prohibited in the floodway within the regulated flood hazard area:
(1) A building or structure including alterations for living purposes, place of assembly or permanent use by human beings or commercial and industrial buildings, or mobile homes and manufactured homes;
(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. Minor excavation or fill where compatible and related and incidental may be allowed with a permitted use;
(3) The construction or storage of an object (artificial obstruction) subject to flotation or movement during flood level periods;
(4) Solid and hazardous waste disposal and individual and multiple family sewage disposal systems unless otherwise allowed pursuant to ARM 17.36.101-116 and 17.36.309-345;
(5) Storage of toxic, flammable, hazardous or explosive materials; and
(6) Cemeteries, mausoleums or any other burial grounds, which are subject to a more stringent standard found in other regulations.
(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 floodplain without a floodway of the regulated flood hazard area:
(1) Solid and hazardous waste disposal;
(2) Storage of toxic, flammable, hazardous or explosive materials;
(3) Cemeteries, mausoleums or any other burial grounds; and
(4) Critical facilities, including buildings and associated facilities that provide essential community care and emergency operation functions such as schools, hospitals and nursing home facilities, fire stations and police stations, as otherwise regulated in 44 C.F.R. § 60.22.
(Ord. 2013-01, passed 1-30-2013)
Statutory reference:
Prohibited uses, see ARM 36.15.605)(1a), 36.15.605(1)(c), 36.15.605(2b), 36.15.605(2)(a), 36-15-605(2c), 36.15.605(2d), 36-15-703(1), 36-15-703(2)
Prohibited uses within a floodway, see MCA 76-5-403(1), 76-5-403(2), 76-5-403(3)
(A) General.
(1) A permit is required within the regulated flood hazard area for a person to establish or alter an artificial obstruction, non-conforming use or development.
(2) Artificial obstructions, non-conforming uses and uses not specifically listed in §§ 11-1-75 through 11-1-88 and 11-1-100 through 11-1-103 of this chapter requires a permit, except as allowed without a permit in § 11-1-60 of this chapter or as prohibited as specified in § 11-1-61 of this chapter.
(3) A permit is required to reconstruct or repair an existing structure that has experienced substantial damage or substantial improvement.
(4) A permit is not required for existing artificial obstructions or non-conforming uses established in the floodplain before the effective date of floodplain management regulations.
(5) Artificial obstruction and non-conforming uses in a regulated flood hazard area not exempt under § 11-1-60 of this chapter is a public nuisance unless a permit has been obtained.
(6) These regulations do not affect any existing artificial obstruction or non-conforming use in the regulated flood hazard area before the land use regulations have been adopted.
(7) An alteration that is any change or addition to an artificial obstruction or non-conforming use not exempt under § 11-1-60 of this chapter that increases the size or increases its potential flood hazard, requires a permit.
(8) Maintenance of an artificial obstruction or non-conforming use is not an alteration.
(B) Required permit application information. A permit application shall include, but is not limited to, the following:
(1) A completed and signed floodplain permit application;
(2) The required review fee;
(3) Plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed project (i.e., landscape alterations, existing and proposed structures, including the placement of manufactured homes and the like) and the location of the foregoing in relation to the regulated flood hazard areas;
(4) A copy of other required applicable permits which may include, but is not limited to, a 310 permit, SPA 124 permit, Section 404 permit, a 318 authorization, 401 certification or a navigable rivers land use license or easement from other permits from federal, state and local agencies, for the proposed floodplain project and must show that the application is not in conflict with other relevant and applicable permits; and
(Ord. 2013-01, passed 1-30-2013)
Federal law reference:
Purpose and floodplain regulations, see 44 C.F.R. § 60.1
Statutory reference:
Artificial obstructions and non-conforming uses, see MCA 76-5-103(1), 76-5-404(1), 76-5-404(2), 76-5-404(3), 76-5-404(3)(b)
Definitions, see ARM 36.15.101(2), 36.15.101(3)
Local regulations, see ARM 36.15.204
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