(A) Application review.
(1) The Floodplain Administrator shall review and evaluate the application and shall approve, approve with conditions or deny the application within 60 days of receipt of a correct and complete application.
(2) The Floodplain Administrator shall determine whether the application contains the applicable elements required in these regulations and shall notify the applicant of the Floodplain Administrator’s determination as to completeness within seven working days of receipt.
(3) If the application is found insufficient and if the applicant corrects the identified deficiencies and resubmits the application, the Floodplain Administrator shall notify the applicant whether the resubmitted application contains all the elements required by these regulations, as applicable, within seven working days of receipt of the resubmitted application.
(4) This process shall be repeated until the applicant submits a complete application containing all the elements required by these regulations or the application is withdrawn.
(5) If after a reasonable effort the Floodplain Administrator determines that the application remains incomplete, the Floodplain Administrator shall deny the application and notify the applicant of missing elements. No further action shall be taken on the application by the Floodplain Administrator until the application is resubmitted.
(6) A determination that an application contains the appropriate information for review does not ensure that the floodplain permit application will be approved or conditionally approved and does not limit the ability of the Floodplain Administrator in requesting additional information during the review process.
(B) Notice requirements for floodplain permit applications. Upon receipt of a complete application for a permit, the Floodplain Administrator shall:
(1) Prepare a notice containing the facts pertinent to the application and shall publish the notice at least once in a newspaper of general circulation in the area;
(2) Serve notice by first-class mail upon adjacent property owners, if any;
(3) The State National Flood Insurance Program Coordinator located in DNRC shall also receive notice by the most efficient method. Notice to other stream activity permitting agencies shall also be considered;
(4) The notice shall provide a reasonable period of time, not less than 15 days, for interested parties to submit comments on the proposed activity; and
(5) Prior to any alteration or relocation of a watercourse in the regulated flood hazard area, additionally provide notice to FEMA and adjacent communities.
(C) Permit criteria.
(1) Permits shall be granted or denied on the basis of whether the proposed new construction, substantial improvement or alteration of an artificial obstruction is not a prohibited use and meets the requirements of the minimum standards and criteria in §§ 11-1-75 through 11-1-88 and 11-1-100 through 11-1-103 of this chapter.
(2) The Floodplain Administrator must determine that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including § 404 of the Federal Water Pollution Control Act Amendment of 1972, 36 U.S.C. § 1334.
(D) Decision.
(1) The Floodplain Administrator shall approve, conditionally approve or deny the proposed application. The Floodplain Administrator shall notify the applicant of his or her action and the reasons thereof within 60 days of receipt of a correct and complete application unless otherwise specified. A copy of the approved permit must be provided to DNRC.
(2) The granting of a permit does not affect any other type of approval required by any other statute or ordinance of the state, any political subdivision or the United States, but is an added requirement.
(E) Floodplain permit application approval. Upon approval or conditional approval of the floodplain permit application, the Floodplain Administrator shall provide the applicant with a permit including, but not limited to, the following requirements and conditions:
(1) The floodplain permit will become valid when all other necessary permits are in place;
(2) Set forth the time limit of up to one year from the date of permit issuance or as commensurate with the project construction time line for completion of the project or development. The applicant may request an extension for completion for up to an additional year. The request for extension must be made within a reasonable period of the original deadline;
(3) Notify all subsequent property owners and their agents and potential buyers of the floodplain development permit issued on the property and that such property is located within a regulated flood hazard area;
(4) Maintain the artificial obstruction or use to comply with the conditions and specifications of the permit;
(5) Allow the Floodplain Administrator to perform on site inspections at select intervals during construction or completion;
(6) Impose interim reporting to the Floodplain Administrator of construction data to confirm design elevations and other project design criteria, which may be undertaken contemporaneously with any building permit inspections;
(7) Submit a certificate of compliance report and elevation certificate where applicable within 30 days of completion or other time as specified; and
(8) Require FEMA approval of revisions that affected National Flood Insurance Rate Map, in the manner set forth above.
(Ord. 2013-01, passed 1-30-2013)
Federal law reference:
Alteration or relocation os watercourse, see 44 C.F.R. § 60.3(b)(6)
Review of proposed development, see 44 C.F.R. § 60.3(a)(2)
Statutory reference:
Notice requirements; local regulations, see ARM 36.15.204(2)(c), 36.15.204(2)(e), 36.15.204(2)(g)
Permit requirements, see MCA 76-5-108
Variances, see MCA 76-5-405(2)