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