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Buried and sealed vaults for sewage disposal in campgrounds and recreational areas may be permitted; provided, the same meet applicable laws and standards administered by Montana Department of Environmental Quality. Only those wastewater disposal systems that meet the requirements and separation distances under ARM 17.36.101-116 and ARM 17.36.301-345 are allowed.
(Ord. 2013-01, passed 1-30-2013)
Federal law reference:
Sanitary sewage systems, see 44 C.F.R. § 60.3(a)(6)
Public and private campgrounds may be permitted; provided that:
(A) Access roads require only limited fill and do not obstruct or divert flood waters;
(B) Meet the accessory structures requirements;
(C) An encroachment analysis must be prepared by an engineer;
(D) No dwellings or permanent mobile homes are allowed;
(E) Recreational vehicles and travel trailers are ready for highway use with wheels intact, with only quick disconnect type utilities and securing devices, and have no permanently attached additions; and
(F) There is no large-scale clearing of riparian vegetation within 50 feet of the mean annual high water mark (higher standard).
(Ord. 2013-01, passed 1-30-2013)
Federal law reference:
Recreational vehicles, see 44 C.F.R. § 60.3(c)(14)
Statutory reference:
Uses requiring permits, see ARM 36.15.602(2), 36.15.602(8)
Structures accessory or appurtenant to permitted uses such as boat docks, loading and parking areas, marinas, sheds, emergency airstrips, permanent fences crossing channels, picnic shelters and tables and lavatory, may be permitted; provided that:
(A) The structures are not intended for human habitation or supportive of human habitation;
(B) If the structures are substantial as determined by the permit issuing authority, an encroachment analysis must be prepared by an engineer;
(C) The structures will, insofar as possible, be located on ground higher than the surrounding ground and as far from the channel as possible;
(D) Only those wastewater disposal systems that meet the requirements and separation distances under ARM 17.36.101-116 and 17.36.301-345 are allowed;
(E) Service facilities within these structures such as electrical, heating and plumbing are flood- proofed;
(F) Structure are firmly anchored to prevent flotation;
(G) The structures do not require fill and/or substantial excavation;
(H) No large scale clearing of riparian vegetation within 50 feet of the mean annual high water mark, and
(I) The structures or use cannot be changed or altered without permit approval.
(Ord. 2013-01, passed 1-30-2013)
Statutory reference:
Uses requiring permits, see ARM 36.15.602(2), 36.15.602(9)
Construction of or modifications to surface water diversions shall be permitted; provided that, the design is prepared by an engineer and includes:
(A) An encroachment analysis is prepared by an engineer;
(B) Minimize potential erosion from a base flood;
(C) Safely withstand up to the base flood; and
(D) Construction is under the supervision of an engineer.
(Ord. 2013-01, passed 1-30-2013)
Statutory reference:
Permit issuing authority, see ARM 36.15.603
Uses requiring permits, see ARM 36.15.602(2)
(A) Flood control and bank protection measures must be designed by an engineer and constructed to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact, buoyancy and uplift forces associated with the base flood and include an encroachment analysis.
(B) The design shall also show compliance with the following additional criteria.
(1) Levee and floodwall construction or alteration.
(a) The proposed construction or alteration of a levee or floodwall must be designed and constructed with suitable fill and to safely convey a base flood;
(b) Except to protect agricultural land only, are constructed at least three feet higher than the elevation of the base flood;
(c) Unless to protect only agricultural land, protection of structures of more than one land owner requires engineering and construction to meet state and federal levee standards and be publically owned for the purpose of construction, operation and maintenance; and
(d) For any increase in the elevation of the base flood the following information must be provided:
1. The estimated cumulative effect of other reasonably anticipated future permissible uses;
2. The type and amount of existing flood prone development in the affected area; and
3. Impacts to existing or foreseeable development.
(2) Bank stabilization projects, pier and abutment protection. Bank stabilization projects, pier and abutment protection projects shall be permitted if:
(a) The materials for the project should be the least environmentally damaging and practicable designed to withstand a base flood within five years or other time as required by the Floodplain Administrator and does not require substantial yearly maintenance after that period;
(b) Materials for the project may be designed to erode over time but not fail catastrophically and impact others. Erosions and raveling of the materials may be designed to be a least similar in amount and rate to existing natural stream banks during the base flood;
(c) The project must not increase erosion upstream, downstream or adjacent to the site;
(d) Materials for the project may include but not limited to rip rap, root wads, brush mattresses, willow watting, woody debris or combinations of analogous materials;
(e) The stream’s biological capacity and habitat potential shall be incorporated in the project design; and
(f) Projects including compensating efforts by replacing and providing substitute resources or environments through creation, restoration, enhancement or preservation of similar or appropriate resource areas are subject to a higher regulatory standard.
(3) Channelization projects. Channelization projects where the excavation and/or construction of an artificial channel is for the purpose of diverting the entire flow of a stream from its established course and provided the projects do not increase velocity to a level that will cause erosion.
(4) Dams.
(a) The design and construction is in accordance with the Montana Dam Safety Act and applicable safety standards; and
(b) The project will not increase flood hazards downstream either through operational procedures or improper hydrologic/hydraulic design.
(Ord. 2013-01, passed 1-30-2013)
Federal law reference:
Encroachments; substantial improvements, see 44 C.F.R. § 60.3(a)(3), (d)(3)
Statutory reference:
Alteration of floodplains, see ARM 36.15.505(1)(c)(ii)and (iii)
Definitions, see ARM 36.15.101(7)
Permits, see ARM 36.15.606
Stream and bank restoration projects intended to reestablish the terrestrial and aquatic attributes of a natural stream and not for protection of a structure or development; provided:
(A) The project design is reviewed and approved by an engineer;
(B) An encroachment analysis is performed by an engineer;
(C) The project will not increase erosion upstream, downstream or adjacent to the site;
(D) Materials may include but are not limited to rip rap, root wads, brush mattresses, willow watting, woody debris or combinations of analogous materials;
(E) Erosions and raveling of the materials are similar in amount and rate to existing natural stream banks during the base flood; and
(F) The project meets the terrestrial and aquatic resource capabilities of the area.
(Ord. 2013-01, passed 1-30-2013)
Statutory reference:
Alteration of floodplains, see ARM 36.15.505(1)(c)(ii)and (iii)
Permits, see ARM 36.15.606
DEVELOPMENT REQUIREMENTS IN THE FLOOD FRINGE OR
REGULATED FLOOD HAZARD AREA WITH NO FLOODWAY
REGULATED FLOOD HAZARD AREA WITH NO FLOODWAY
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