(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