(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)