A. Existing artificial obstructions or nonconforming uses established before land use regulations pursuant to Montana Code Annotated section 76-5-301 were effective, are allowed without a permit. However, alteration or substantial improvement of an existing artificial obstruction or nonconforming use requires a floodplain permit. Maintenance of an existing artificial obstruction or nonconforming use does not require a floodplain permit if it does not cause an alteration or substantial improvement.
B. The following open space uses shall be allowed without a permit in the regulated flood hazard area (either floodway, flood fringe, or flood hazard area without a floodway), provided that such uses are not prohibited by any other resolution or statute, do not require structures, do not require alteration of the floodplain such as fill, grading, excavation or storage of materials or equipment, do not require large scale cleaning of the riparian vegetation within fifty feet (50') of the mean high water mark, will not cause flood losses on other land or to the public:
1. Accessory uses, not including structures, such as loading and parking areas, or emergency landing strips associated with industrial and commercial facilities.
2. Agricultural uses, not including related structures, such as tilling, farming, irrigation, harvesting, grazing, etc.
3. Fences that have a low impact to the flow of water such as barbed wire fences and wood rail fences, and not including permanent fences crossing channels. Fences that have the potential to stop or impede flow or debris such as a chainlink or privacy fence requires a floodplain development permit and meet the requirements of subsection 14-5-5M of this chapter.
4. Forestry, including processing of forest products with portable equipment.
5. Irrigation and livestock supply wells, provided that they are located at least five hundred feet (500') from domestic water supply wells and with the top of casing eighteen inches (18") above the base flood elevation.
6. Private and public recreational uses not requiring structures such as golf courses, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife management and natural areas, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas and hiking or horseback riding trails.
7. Recreational vehicle use provided that the vehicle is on the site for fewer than one hundred eighty (180) consecutive days and is fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system with wheels intact, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
8. Residential uses such as lawns, gardens, parking areas, and play areas.
9. Maintenance of the existing state of an existing open space use including preventive maintenance activities such as bridge deck rehabilitation and roadway pavement preservation activities. Maintenance cannot increase the external size or increase the hazard potential of the existing open space use.
10. Addition of highway guardrail, signing and utility poles that have a low impact to the flow of water along an existing roadway.
11. Floating docks that do not have permanent structures, do not require fill or excavation, have been issued a 310 permit, and meet the following standards:
a. Only one dock is allowed per common waterfront property ownership unless an individual dwelling is constructed on each separate and legally defined lot with independent water and sewage disposal, in which case one dock is allowed per independent dwelling unit/lot. "Common waterfront property ownership" shall be defined as multiple contiguous lots under one family or related ownership, including fractional ownership in a corporation, partnership or other legal entity;
b. Docks shall not exceed twenty feet (20') in length, including the access ramp (gangway);
c. The width of the deck on a dock shall not be greater than eight feet (8');
d. The maximum length of the wing section on a dock, whether a T, F, 4, or L shaped dock, must not exceed the lesser of thirty feet (30') or thirty percent (30%) of the lot frontage;
e. If foam or similar easily damaged flotation systems are incorporated into the dock design, the material shall be completely encased in solid wood or a suitable impervious, noncorrosive material such as aluminum or galvanized sheet metal so as to avoid the breakup or scattering of materials. Plywood, particleboard, etc., shall not be used. Boards may be spaced up to one-half inch (1/2") apart on the bottom or drain holes may be incorporated into other materials to aid in drainage;
f. All floating docks shall be suitably anchored to the river bottom or bank to avoid drift. Anchoring methods are limited to cable, galvanized chain or nylon or polypropylene rope attached to a suitable clean weight such as solid clean concrete, rock or steel blocks or a temporary pipe and post system which allows the dock sections to slide up and down. In addition, the end of the floating dock may be secured by cable, anchor, or post to keep the end of the dock stable;
g. Docks which have deteriorated to the extent that they may contaminate the river, such as having exposed white styrofoam, shall be immediately repaired as necessary to eliminate the risk of contamination or shall be removed entirely from the water; and
h. It is a violation of these regulations to abandon docks or to otherwise allow docks or dock remnants to float out into the river unsecured. (Ord. 15-16, 10-5-2015)