A. Floodway: The following artificial obstructions and nonconforming uses are prohibited in the floodway of the regulated flood hazard area, except for those established before land use regulations pursuant to Montana Code Annotated section 76-5-301, have been adopted:
1. A structure for residential or nonresidential living purposes, place of assembly or permanent use by human beings.
2. Cemeteries, mausoleums, or any other places of burial of human remains.
3. Encroachments, including fill, new construction, buildings, substantial improvements, excavations and other development that would cause water to be diverted from the established floodway, erosion, obstruction of the natural flow of waters, or reduce the carrying capacity of the floodway. Exceptions to these requirements include excavation or fill which may be allowed when it is a component to a permitted use allowed in these regulations.
4. Solid and hazardous waste disposal and individual and multiple family sewage disposal systems unless the systems meet the local health and sanitation regulations and when permitted pursuant to these regulations and are designed to minimize or eliminate infiltration of floodwaters and avoid impairment or contamination.
5. Storage and disposal of solid waste, hazardous waste, toxic, flammable, or explosive materials.
6. The construction or permanent storage of an object or artificial obstruction subject to flotation or movement during flood level periods.
B. Flood Fringe Or Regulated Flood Hazard Area Without A Floodway: The following artificial obstructions and nonconforming uses are prohibited within the flood fringe or regulated flood hazard area without a floodway, except for those established before land use regulations have been adopted:
1. Cemeteries, mausoleums, or any other places of burial of human remains.
2. Solid and hazardous waste disposal and individual and multiple-family sewage disposal systems unless the systems meet the local health and sanitation regulations and when permitted pursuant to these regulations and are designed to minimize or eliminate infiltration of floodwaters and avoid impairment or contamination.
3. Storage and disposal of solid waste, hazardous waste, toxic, flammable, or explosive materials.
4. The construction or storage of an artificial obstruction subject to flotation or movement during flood level periods.
5. Critical facilities, including buildings and associated structures that provide essential community care and emergency operation functions such as schools, hospitals, nursing home facilities, fire stations, and police stations. (Ord. 15-16, 10-5-2015)