A. Applicable Lands: This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Three Forks.
B. Basis For Establishing The Areas: The areas of special flood hazard identified by the federal emergency management agency is a scientific and engineering report entitled, "The Flood Insurance Study For The City Of Three Forks, Montana, Gallatin County", dated September 2, 2011, with an accompanying flood insurance rate map (FIRM), is hereby adopted by reference and declared to be a part of this chapter.
C. Compliance: No land use shall be developed, and no structure shall be located, extended, converted, or structurally altered within the 100-year floodplain without full compliance with the provisions of these regulations and other applicable regulations. These regulations meet the minimum requirements as set forth by the Montana department of natural resources and conservation, and the national flood insurance program.
D. Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. Interpretation: In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. Warning And Disclaimer Of Liability: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the federal emergency management agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 325-11, 8-23-2011, eff. 9-1-2011)
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