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HomeMy WebLinkAboutOrdinance No. 720• ORDINANCE N0. 720 • FLOOD PLAIN REGULATIONS BE IT ORDAINED by the City Council of the City of Laurel, there is hereby added to the Laurel Municipal Code to Section 15.76.010 the following: Section 15.76.010 Flood Plain Regulations 1) The Flood Plain Regulations of Yellowstone County, Montana, as adopted by the Board of County Commissioners in compliance with the Montana Floodway Management and Regulation Act by resolution dated September 8, 1881, and each section thereof not in conflict herewith, together with all appendicies thereto, are hereby declared to be the Laurel Municipal Flood Plain Regulations for the purpose of prescribing regulations for the use of land, and the location, erection, construc- tion, extension, conversion, alteration, and use of any building or structure on land, within the municipal City limits and shown on the Official Flood Plain Map as being located within the districts established and defined therein. A copy of the said Flood Plain Regulations are attached and incorporated herein in full as if each individual section were fully set forth herein. All references to the governing body contained in said regulations are expressly declared to read City of Laurel instead of Yellowstone County. 2) Districts as established by this ordinance are defined by the designated flood plains and designated floodways as officially adopted by the Montana Board of Natural Resources and Conservation, Helena, Montana. Such districts have been delineated and are included in the Federal Emergency Manage- ment Agency's "Flood Insurance Study, City of Laurel, Montana, Yellowstone County," dated July 6, 1982, the Flood Insurance Rate Map, and the Flood Boundary and Floodway Map. 3) The Official Flood Plain Map, as described in Subsection two above, together with all explanatory matter thereon and attached thereto, including officially adopted .studies, maps, and profiles of the designated flood plains and flood- ways, are hereby adopted by reference and declared to be a part of this ordinance. The official Flood Plain Map shall be oh file in the Office of the City Clerk and in the Office of the Flood Plain Administrator. -1- i - 4) The Flood Plain Administrator shall be appointed by Resolution of the City Council. Introduced at a regular meeting of the City Council on November 3, 1982, by Alderman Kellogg PASSED and APPROVED by the Laurel City Council and approved by the Mayor this 16th day of November, 1982. CITY OF LAUREL ~~~~ ~° . Albert Ehrlick, Mayor EST: onald L. Hackmann, ity Clerk Approved as to form: ~. J s ph Bradley, City Atty -2- YELLOWSTONE COUNTY FLOODPLAIN REGULATIONS as adopted by the Board of County Commissioners of Yellowstone County, Montana by Resolution dated ,~~,~~ / yy/ , Effective date November 18, 1981. TABLE OF CONTENTS PRGE CHAPTER I TITLE AND PURPOSE SECTION 1.01 TITLE 1 SECTION 1.02. PURPOSE 1 CHAPTER II GENERAL PROVISIONS SECTION 2.01 DISTRICT ESTABLISHMENT 2 SECTION 2.02 JURISDICTIONAL AREA 2 SECTION 2.03 ESTABLISHMENT OF OFFICIAL FLOODPLAIN MAP 2 SECTION 2.04 RULES FOR INTERPRETATION OF FLOODPLAIN DISTRICT BOUNDARIES 2 SECTION 2.05 COMPLIANCE 2 SECTION 2.06 ABROGATION AND GREATER RESPONSIBILITY 3 SECTION 2.07 INTERPRETATION 3 SECTION 2.08 WARNING AND DISCLAIMER OF LIABILITY 3 SECTION 2.09 SEVERABILITY 3 SECTION 2.10 PROTECTION OF RESOURCES 3 SECTION 2.11 DISCLOSURE 3 SECTION 2.12 DEFINITIONS 3 CHAPTER III ESTABLISHPENT OF DISTRICTS SECTION 3.01 INTENT 7 SECTION 3.02 DISTRICTS 7 SECTION 3.03 BOUNDARIES 7 SECTION 3.04 FP-FLOODPLAIN~ 7 SECTION 3.05 FW-FLOODWAY 8 SECTION 3.06 FWF-FLOODWAY FRINGE 9 CHAPTER IV PERMIT REQUIREMENTS SECTION 4.01 FLOODPLAIN PERMITS . 12 SECTION 4.02 FLOODWAY PERMITS 13 SECTION 4.03 FLOODWAY FRINGE PERMITS 13 SECTION 4.04 FLOOD CONTROL WORK PERMITS 14 SECTION 4.05 ADDITIONAL FACTORS 15 SECTION 4.06 FLOOD PROOFING REQUIREMENTS 16 SECTION 4.07 EMERGENCY WAIVER 17 CHAPTER V ADMINiSTRATION SECTION 5.01 ADMINISTRATOR 18 SECTION 5.02 PERMIT APPLICATIONS 18 SECTION 5.03 PERMIT REVIEW EXPIRATION DATE 19 SECTION 5.04 REVIEW-VARIANCES-APPEALS 20 SECTION 5.05 FEES 20 CHAPTER VI ENFORCEMENT SECTION 6.01 VIOLATION NOTICE 21 SECTION '6.02 COMPLIANCE 21 SECTION 6.03 PENALTIES 21 (continued) -2- PAGE APPENDIX A APPENDIX B APPENDIX D APPENDIX E FIELD SURVEY INSTRUCTIONS FOR FLOOD HAZARD EVALUATIONS 22 COUNTY fL00DPLAINPERMIT PROCEDURE 23 FLOODPLAIN PERMIT 24 NEW SURFACE WATER DIVERSIONS & CHANGES IN PLACE OF DIVERSION 25 REQUEST TO ESTABLISH NEW SURFACE WATER DIVERSIONS AND CHANGES IN PLACE OF DIVERSION 26 Chapter I TITLE AND PURPOSE 1.01 TITLE This Resolution shall be known and cited as the Yellowstone County Flood- plain Resolution. This Resolution is in accordance with and exercising the authority of laws of the State of Montana. 1.02 PURPOSE To promote the public health, safety, and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the floodplain, this Resolution has been established with the following purposes intended:' A. To guide development of the 100 year floodplain areas of the County consistent with the enumerated findings by: 1. Recognizing the right and need of water courses to periodically carry more than the normal flow of water; 2. Participating in coordinating efforts of federal, state, and local management activities for the 100 year floodplain; and, 3. Insuring that regulations and minimum standards adopted, insofar as as possible, balance the greatest public oood with the least private injury. B. Specifically, it is the purpose of this Resolution to: 1. Restrict or prohibit uses which property in times of flood, or velocities; are dangerous to health, safety of cause increased flood heights or 2. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction; 3. Develop and provide information to identify lands which are unsuited for certain development purposes because of flood hazards; 4. Distinguish between the land use regulations applied to the designated floodway and those applied to that portion of .the designated floodplain not contained within the designated floodway; and. 5. Apply more restrictive land use regulations within the designated floodway. 6. Reduce future expenditure of public funds by minimizing the potential for economic loss. -1- i Chapter II GENERAL PROVISIONS 2.01 DISTRICT ESTABLISHMENT Districts as established by this Resolution are defined by the designated floodplains and designated floodways as officially adopted by the Montana Board of Natural Resources and Conservation, Helena, Montana. These districts have been delineated and are included in the Federal Insurance Administration's "Flood Insurance Study, City of Billings and Yellowstone.County, Montana, Unincorporated Areas", the Flood Insurance Rate Maps (FIRM) and the Floodway Maps, dated May 18, 1981. These maps shall hereafter be referred to as the Official Floodplain Maps for Yellowstone County, and all previous maps and studies are superseded. 2.02 JURISDICTIONAL AREA This Resolution shall apply to all lands within the jurisdiction of the County of Yellowstone, Montana, shown on the Official Floodplain Map as being located within the districts established and defined herein. 2.03 ESTABLISHMENT OF OFFICIAL FLOODPLAIN MAP The Official Floodplain Map, as described in Section 2.01 together with all explanatory matter thereon and attached thereto, including officially adopted studies, maps, and profiles of the designated floodplains and floodways, are hereby adopted by reference and declared to be a part of this Resolution. The Official Floodplain Map shall be on file in the Office of the Yellowstone County Clerk and Recorder and in the Office of the Floodplain Administrator. 2.04 RULES FOR INTERPRETATION OF FLOODPLAIN DISTRICT BOUNDARIES The boundaries of the designated floodplain and/or designated floodway shall be determined by elevation or by scaling distances on the Official Floodplain Maps. Where interpretation is needed as to the exact location of the boundaries as shown on the Official Floodplain maps, the Floodplain Administrator shall make the determination. Any person contesting the location of the designated floodplain or designated floodway boundary may present his case and submit his own technical evidence to the Department of Natural Resources and Conservation in accordance with appeals procedures established by that agency. 2.05 COMPLIANCE No structure or land use shall hereafter be used, and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Resolution and other applicable regulations. These regulations meet the minimum requirements as set forth in the Montana Board of Natural Resources and Conservation Administrative Order No. 36-3-3, dated July 26, 1974. -2- 2.06 ABROGATION AND GREATER RESPONSIBILITY It is not intended by this Resolution to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or underlying zoning. However, where this Resolution imposes greater restrictions, the provisions of this Resolution shall prevail. All other resolutions inconsistent with this Resolution are hereby repealed to the extent of this inconsistency only. 2.07 INTERPRETATION In their interpretation and application, the provisions of this Resolution shall be held to be minimum requirements and shall be liberally constnued in favor of the governing body-and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 2.08 WARNING AND DISCLAIMER OF LIABILITY This Resolution does not imply that areas outside the floodplain boundaries or land uses permitted within such areas will always be totally free from flooding or flood damages. Nor shall this Resolution create a liability on the part of or a cause of action against, the County of Yellowstone or any officer or employee thereof for any flood damages that may result for reliance upon this Resolution. 2.09 SEVERABILITY If any section, clause, provision, or portion of this Resolution is adjudged unconstitutional dr invalid by a court of competent jurisdiction, the remainder of this Resolution shall not be affected thereby. 2.10 PROTECTION OF RESOURCES No provision of this Resolution shall prevent the complete use, development, or recovery of any mineral, forest, or agricultural resource by the owner thereof. 2.11 DISCLOSURE All property owners in a designated floodplain of floodway must notify potential buyers or their agents that such property is located within the designated floodplain or floodway and is subject to regulation. 2.12 DEFINITIONS Accessory Use or Structure: A use or strrcture on the same lot with, and of a na ure cus omari y inci ental and subordinant to, the principal use or structure. Alteration: Any change or addition to an artificial obstruction that either increases the size of the artificial obstruction or increases its potential flood hazard. Maintenance of an artificial obstruction is not an alteration. However, the repair, reconstruction, or improvement of an artificial obstruction, the cost of which equals or exceeds fifty (50) percent of the actual cash value of the artificial obstruction either before the improvement is started, or if the artificial obstruction has been damaged and is being restored, before the damage occurred, is an alteration and not maintenance. -3- Appeal: A request for a review of the Floodplain Administrator's inter- pretation of any provision of this resolution or a request fora variance. Area of S ecial Flood Hazard: The land in the floodplaih within a community subject to a one percent 1°°) or greater chance of flooding in any given year. Artificial Obstruction Development: Any obstruction which is not a natural obstruction and inclu es, but is not limited to, any dam, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, fence, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across, or projecting into any floodplain or floodway which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. Base Flood or 100-year Flood: The flood having a one percent (lq) chance of being equalled or exceeded in any given year. Channel: The geographical area within either the natural or artificial banks of a watercourse or drainway. Channelization Project: The excavation and construction of an artificial channe or the purpose of diverting the entire flow of a watercourse or drainway from its established course. Designated floodplain: A floodplain whose limits have been designated and established by order of the Board of Natural Resources and Conservation pro- vided far in 75-5-202 (1) M.C.A. of the Montana Floodplain and Floodway Management Act. Designated Floodway: A floodway whose limits have been designated and esta- blished by order of the Board of Natural Resources and Conservation provided for in 75-5-202 (2) M.C.A. of the Montana Floodplain and Floodway Management Act. Designated Floodway Fringe: A floodway fringe whose limits have been desig- nated and established by order of the Board of Natural Resources and Conser- vation. Establish: To construct, place, insert, or excavate. Fill, Suitable: Suitable fill shall consist of granular free-draining material placed in compacted layers. Fill slopes shall be no steeper than one vertical and one and one half horizontal and shall be seeded or planted to provide vegetation cover for scour protection. Prior to placing fill, the area shall be stripped of top soil, trees, stumps, and other unsuitable foundation material. Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland waters and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source. Floodplain: The areas adjoining the watercourse or drainway which would be covered by the flood water of a flood of one hundred (100) year frequency. -4- Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half (2) foot. Floodwa Fringe: That portion of the designated floodplain outside the limits of a esignated floodway. Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study: The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevation of the base flood. Habitable Floor - Lowest Floor Elevation: Any floor usuable for living purposes w ich includes wor ing, sleeping, eating, cooking or recreation or a combination thereof. Mobile Home: A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. Mobile homes are considered residential structures, for regulation purposes in this Resolution. Natural Obstruction: Any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodplain or floodway by a non-human cause. New Construction: .Structures for which the start of construction commences on or after the effective date of this resolution. Non-Conforming Use: Aland use or development not in accordance with this Resolution. Permit Issuing Authority: The County of Yellowstone, Montana. Responsible Political Subdivision: The County of Yellowstone, Montana, upon endorsement of t is Resolution by the Montana Board of Natural Resources and Conservation. Rip_raP: Stones, rocks, concrete blocks, or analogous material that is placed along the banks or bed of a watercourse or drainway for the purpose of alleviating erosion. Start of Construction: The first placement of permanent construction of a structure other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the state of excavation. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory building;, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the 'start of construction' includes the first permanent framing or assembly of the structure or any part thereof -5- on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, 'start of construction' means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, 'start of construction' is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. Structure: A walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground. Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2} if the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition 'substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however, include either: (1) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary`.to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Watercourse: Any depression two (2) feet or more below the surrounding land serving to give direction to a current of water at least nine (9) months of the year, having a bed and well-defined banks; provided that it shall, upon order of the Board of Natural Resources, also include any particular depression which would not otherwise be within the definition of watercourse. Variance: A grant of relief from the requirements of this resolution which permits construction in a manner that would otherwise be prohibited by this resolution. -6- Chapter III ESTABLISHMENT OF DISTRICTS 3.01 INTENT It is the intent of this chapter to achieve the stated purposes of this Resolution through the establishment of districts wherein land use is regulated in compliance with Montana's Floodplain and Floodway Management Act of 1974 and the National Flood Insurance Program. 3.02 DISTRICTS Far the purpose of this Resolution, the following use districts are hereby established; FP - Floodplain (Zone A of the Flood Insurance Rate Maps) FW - Floodway (As designated on the Floodway Maps) FWF - Floodway Fringe (As designated on the Floodway Maps) 3.03 BOUNDARIES The boundaries of the districts established by this Resolution coincide with the delineations for the designated floodplains and designated floodways as officially adopted by the Montana Department of Natural Resources and Conser- vation. Floodplain Districts shall automatically convert to the two district provisions of this Resolution (Flood Fringe District and Floodway District) upon adoption of floodway delineations for the Floodplain District. 3.04 FP - FLDODPLAIN A. USES ALLOWED WITHOUT PERMITS All uses allowed in a designated floodway under Section 3.05 (A) without a permit shall also be allowed without a permit in the designated flood- plain for which no designated floodway is available. B. USES REQUIRING PERMITS All uses allowed within designated floodways subject to the issuance of a permit shall also be allowed by permit within any designated floodplain for which ho designated floodway is available.. Such uses shall be subject to the conditions noted in Section 4.01 of this Resolution. In addition, new construction of or substantial improvements to structures including, but not limited to, residential, commercial, or industrial structures, and suitable fill, may be allowed within any designated floodplain for which a designated floodway is not available subject to the issuance of a permit. C. PROHIBITED USES Prohibited uses within designated floodplains for which designated flood- ways are not available shall be those uses, with the same exceptions, that are prohibited within flood fringe areas as provided in Section 3.06 C. -7- 3.05 FW - FLOODWAY A. USES ALLOWED WITHOUT PERMITS The following open space uses shall be allowed without a permit anywhere within the designated floodway, provided that such uses conform to the provisions of Section 4.06 of this Resolution, are not prohibited by any other resolution or statute, and do not require structures other than portable structures, fill, or permanent storage of materials or equipment: 1. Agricultural uses; such as raising crops, dairying, horticulture or pasture; , 2. Industrial-commercial uses, such as loading areas:; parking areas, and emergency landing strips; 3. Private and public recreational uses, such as 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 and horseback ri-ding trails, providing that if the anticipated use of any such facilities is for 100 people or more, for a period of two or more hours, then sanitary facilities must be installed at the ratio of one for every anticipated 50 women $ 50 men in accordance with the provisiohs of Section 3.05 B (7) of this Resolution; 4. Forestry, including processing of forest products with portable equipment; 5. Residential uses, such as lawns, gardens, parking areas, and play areas; 6. Irrigation and livestock supply wells, provided that they are located at least five hundred (500) feet from domestic water supply wells; and, 7. Fences, except permanent fences crossing channels. B. USES REQUIRING PERMITS The following nonconforming uses and artificial obstructions may be permitted within the designated floodway, subject to the issuance of a permit under the conditions set forth in this Section and Section 4.02; 1. Excavation of material from pits or pools, provided that: a. A buffer strip of undisturbed land of sufficient width to prevent flood flows from channeling into the excavation is left between the edge of the channel and the edge of the excavation; b. The excavation meets all applicable laws and regulations of other local and state agencies; and, c. Excavated material is stockpiled outside the designated floodway. -$- • i 2. Railroad, highway, and street stream crossings, provided that the crossings are designed to offer minimal obstructions to the flood flow. 3. Limited filling for highway, street, and railroad embankments not associated with stream crossings, provided that: a. Reasonable alternative transportation routes outside the designated floodway are not available; and, b. Such floodway encroachment is located as far from the stream channel as possible: 4. Buried or suspended utility transmission lines, provided that: a. Suspended utility transmission lines are designed such that the lowest point of the suspended line is at least twelve (12) feet higher than the elevation of the flood of one-hundred (100) year frequency; b. Towers and other appurtenant structures are designed and placed to withstand and offer minimal obstruction to flood flows; and, c. Utility transmission lines carrying toxic or flammable materials are buried to a depth at leas t. twice the calculated maximum depth of scour for a flood of one-hundred (100) year frequency. The maximum depth of scour may be determined from any of the accepted hydraulic engineering methods, but the final calculated figure shall be subject to approval. 5. Storage of materials and equipment, provided that: a. The material or equipment is readily removable within the limited time available after flood warning. Storage of flammable, toxic, or explosive materials shall not be permitted. 6. Domestic water supply wells, provided that: a. They are driven or drilled wells located on ground higher than surrounding ground to assure positive drainage-from the well; b. Well casings are water tight to a distance of at least twenty-five (25) feet below the ground surface; c. Water supply and electrical lines have a water tight seal where the lines enter the casings; d. All pumps and electrical lines and equipment are either of the submersible type or are adequately flood proofed; and, e. Check valves are installed on main water lines at wells and at all building entry locations. 7. Buried and sealed vaults for sewage disposal in recreational areas, provided that they meet applicable laws and standards administered by the Department of Health and Environmental Sciences and the County Sanitation Department. -g- 8. Public or private campgrounds provided that: a. Access roads require only. limited fill and do not obstruct or divert flood waters; and, b. No dwellings or permanent mobile homes are allowed (camp trailers without wheels or towing vehicles or otherwise not quickly movable are considered permanent mobile homes). 9. Structures accessory to the uses permitted in this subsection, such as boat docks, marinas, sheds, permanent fences crossing channels, picnic shelters and tables, and toilets, provided that: a. The structures are not intended for human habitation; b. The structures will have a low flood damage potential; 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. The structures will be constructed in accordance with Section 4.03 (A)(4) and placed so as to offer a minimal obstruction to flood flows; e. The structures will be firmly anchored to prevent flotations; and, f. Service facilities within these structures, such as electrical, heating, and plumbing facilities, are flood proofed in accordance with Section 4.06 of this Resolution. 10. Golf courses. 11. All other nonconforming uses, artificial obstructions or alterations not specifically listed in or prohibited by this Resolution. C. PROHI6ITED USES The following artificial obstructions and nonconforming uses are pro- hibited within the designated floodway: 1. New construction of or substantial improvements to a building for living purposes or place of assembly or permanent use by human beings; 2. A structure or excavation (except as allowed under Section 3.05 B(5) and (g) of this Resolution) that will cause water to be diverted from the established floodway, cause erosion, obstruct the natrual flow of water, or reduce the carrying capacity of the floodway; 3. The new construction, subtantial improvement or permanent storage of an object (except as allowed under Section 3.05 B (5) and (g) of this Resolution subject to flotation or movement during flood level periods; 4. Mobile homes. 5. New construction of or substantial improvement to commercial or industrial buildings: -10- • i 6. Solid waste disposal, soil absorption sewage systems and water distri- bution systems except as allowed or approved under the laws and standards administered by the Department of Health and Environmental Sciences and the Yellowstone County Sanitation Department; and, 7. Storage of highly toxic, flammable, or explosive materials.. 3.06 FWF - FLOODWAY FRINGE A. USES ALLOWED WITHOUT PERMITS All uses allowed in the designated floodway without a permit under Section 3.05 (A) of this Resolution shall also be allowed without a permit in the floodway fringe. B. USES REQUIRING PERMITS All uses allowed in the designated floodway subject to the issuance of a permit under Section 3..05 (B) of this Resolution shall also be allowed by permit within the designated flood fringe. In addition, new construction of or substantial improvements to structures including but not limited to residential, commercial, and industrial structures, and suitable fill, shall be allowed by permit with the floodway fringe subject to the provisions of Section 4.03 of this Resolution. C. PROHIBITED USES The following artificial obstructions and nonconforming uses are prohibited within the floodway fri~l9e: Individual solid waste disposal and soil absorption sewage systems and water distribution systems except as allowed or approved under laws and standards administered by the Department of Health and Environmental Sciences and the Yellowstone County Sanitation Department. Solid waste disposal and/or soil absorption sewage systems that are approved and allowed under laws or standards of the Department of Health and Environ- mental Sciences may be allowed as uses by permit provided the applicant furnished to the Floodplain Administrator a written notice from a responsible official of the Yellowstone County Sanitation Department that such solid waste disposal and/or soil absorption sewage wystem would not reate a health, safety, or pollution problem during flood .level periods; and, 2. Storage of highly toxic, flammable, or explosive materials. Storage of petroleum products may be allowed by permit if buried in tightly sealed and constrained containers or if stored on compacted fill at least two (2) feet above the elevation of the flood of one hundred (100) year frequency. _11_ CHAPTER IV PERMIT REQUIREPIENTS 4.01 FLOODPLAIN PERMITS The following conditions, insofar as each is applicable, shall be attached to each floodplain permit: 1. The new construction of or substantial improvements to residential structures must meet the requirements set forth in Section 4.03 (3) of this Resolution. 2. The new construction of or substantial improvements to commercial and industrial structures must meet the requirements set forth in Section 4.03 (4) of this Resolution. 3. Mobile homes to be placed within a floodplain must be provided with over-the-top and frame ties to ground anchors. Specific requirements shall be that (i) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long require one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and (iv) any addition to the mobile home be similarly anchored; 4. All new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure; (ii) be constructed with materials and utility equipment resistant to flood damage; and (iii) be constructed by methods and practices that minimize flood damage; and, Sanitary sewage and solid waste disposal systems must be approved under laws and standards administered by the Department of Health and Environ- mental Sciences and the Yellowstone County Health Department prior to any approval given under this Resolution. 6. All major subdivision or development proposals as defined by Title 76, Chapter 3 of the Montana Code Annoted, as revised, shall develop and include within, one-hundred (100) year flood elevations using procedures set forth in Appendix A of this Resolution. B. Permits for floodplain development may be modified or denied, if the Floodplain Administrator determines that a proposal would increase flood damages to other properties, or would cause a threat to the health or safety of its occupants. _lp_ • i 4.02 FLOODWAY PERMITS As provided in the Montana Water Use Act of 1973, 85-2-301 P1.C.A., all new surface water diversions and changes in place of diversion after July 1, 1973, require permits or approval, respectively from the Department of Natural Resources and Conservation. Within designated floodways, the Department of Natural Resources and Conservation sha71 review each proposed diversion or change in place of diversion to determine if flood flows may be affected. If it appears that a proposed diversion or change in place of diversion may significantly affect flood flows, the Department of Natural Resources and Conservation may require the applicant to provide additional information and to apply for a permit with the Floodplain Administrator under the Floodplain and Floodway Management and Regulation Act. A permit under the Floodway Management and- Regulation Act shall not be granted if, in the judgment of the Floodplain Administrator: 1. The proposed diversion will increase the upstream elevation of the one- hundred (100) year flood. The proposed diversion is not designed and constructed to minimize potential erosion from flooding of a flood of one-hundred (100) year frequency; and, Any permanent diversion structure crossing the full width of the stream channel is not designed and constructed to safely withstand up to a flood of one-hundred (100) year frequency. 4.03 New artificial obstructions or nonconforming uses, encroachments, including fill, new construction, substantial improvements and other development which increase the elevation of the flood of one-hundred (100) year frequency or which increase .flood velocities are prohibited. FLOODWAY FRINGE PERMITS A. Uses allowed by permit within the floodway fringe are subject to the following conditions: Such structures or fill must not be prohibited by any other statute, regulation, ordinance, or resolution; Such structures or fill must be compatible with local comprehensive plans, if any; The new construction of or substantial improvements to residential structures must be constructed on suitable fill such that the lowest floor elevations (including basement) are two (2) feet or more above the elevation of the flood of one-hundred (100) year frequency. The fill shall be at an elevation no lower than the elevation of the flood of one-hundred (100) year frequency and shall extend for at least fifteen (15) feet at that elevation beyond the structure in all directions. Where existing streets, utilities, or lot dimensions make strict compliance with this provision impossible, the Floodplain Administrator may authorize through permit and variance approval a lesser amount of fill or alternative flood proofing measures. The responsible political subdivision shall notify the Department of Natural Resources and Conser- vation and receive its approval prior to approving any lesser fill or -13- alternative flood proofing for residential structures. P1obile home parks must provide for adequate drainage and access for a hauler; 4. The new construction of or substantial improvements to commercial and industrial structures must be either constructed on fill as specified in the preceeding sub-paragraph or be adequately flood proofed up to an elevation no lower than two (7 feet above the elevation of the flood of one-hundred (100) year frequency. Flood proofing shall be accomplished in accordance with Section 4.06 of this Resolution. Water proofing shall include impermeable membranes or materials for floors and walls, and water tight enclosures for all windows, doors, and other openings, and be cert- ified by a registered professional engineer or architect that the flood proofing methods are adequate to withstand the flood depths, pressures, velocities, impact and .uplift forces associated with the base one-hundred (100) year flood;- 5. Roads, streets, highways, and rail lines shall be designed to minimize increases in flood heights. Where failure or interruption of transpor- tation facilities would result in danger to the public health or safety, the facility shall be located two (2) feet above the elevation of the flood of one-hundred (100) year frequency; and, 6. Public or private structures and facilities for liquid or solid waste treatment and disposal must be flood proofed to insure that no pollutants enter flood waters. These facilities must be reviewed and approved under laws and standards administered by the Department of Health and Environ- mental Sciences and the Yellowstone County Sanitation Department prior to any approval given by the Floodplain Administrator. 7. Agricultural structures that have a low flood damage potential, such as sheds, barns, shelters, and hay and grain storage sturctures, must meet the requirements of Section 4.03 (A)(4) of this Resolution. 4.04 FLOOD CONTROL WORK PERMITS Since structural flood control works often significantly obstruct and affect floodway flow capacity, the following flood control measures may be allowed within designated floodways subject to the issuance of a permit and the con- ditions set forth in this Section. A. Flood control levees and-flood walls if: 1. The proposed levees and flood walls are. designed and constructed to safely convey a flood of one-hundred (100) year frequency; 2. The cumulative effect of the levees and flood walls, combined with allowable flood fringe encroachments does not increase the unobstructed elevation of a flood of one-hundred (100) year frequency. The Flood- plain Administrator may establish either a lower or higher permissible increase in the elevation of the flood of one-hundred (100) year frequency far individual levy projects with concurrance of the Depart- ment of Natural Resources and Conservation and the Federal Insurance Administration, based upon the following criteria: -14- a. The estimated cumulative effect of other reasonably anticipated future permissible uses; and b. The type and amount of existing flood prone development in the affected area. 3: The proposed levees and floodwalls, except those to protect agri- cultural land only, are constructed at least three (3) feet higher than the elevation of a flood of one-hundred {100) year frequency. B, Riprap, except that which is hand placed, if: 1. The riprap is designed to withstand a flood of one-hundred (1D0) year frequency; 2. The riprap does not increase the elevation of the flood of one-hundred (100) year frequency; and, 3. The riprap will not increase erosion upstream, downstream or across stream from the riprap site. C. Channelization projects if they do not significantly increase the magnitude, velocity, or elevation of-the flood of one-hundred (100} year frequency downstream from such projects. D. Dams, provided that: 1. They are designed and constructed in accordance with approved safety standards; and, 2. They will not increase flood hazards downstream either through operational procedures or improper hydrologic design. 4.05 ADDITIONAL FACTORS A. Permits shall be granted or denied by the Floodplain Administrator on the basis of whether the proposed establishment or alteration of an artificial obstruction or nonconforming use meets the requirements of this Resolution. Additional factors that shall be considered for every permit application are: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments; 2. The danger that materials may be swept onto other lands or downstream to the injury of others; 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 5. The importance of the services provided by the proposed facility to the community; -15- 6. The requirements of the facility for a waterfront location; 7. The availability of alternative locations not subject to flooding for the proposed use; 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; 10. The safety of access to the property in times of flood for ordinary and emergency service vehicles; 11. Such other factors which are relevant to the purposes of this Resolution and the Montana floodplain and Floodway Management and Regulation Act. 4.06 FL000 PROOFING REQUIREMENTS If the following flood proofing requirements are to be utilized for a parti- cular structure in accordance with this Resolution, the methods used must be certified as adequate by a registered professional engineer or architect: A. All electrical service materials, equipment, and installation for uses permitted with or without a permit in a designated floodplain or floodway shall conform to the following conditions: 1. All incoming power service equipment, including all metering equipment, control centers, transformers, distribution and lighting panels, and all other stationary equipment must be located at least two (2) feet above the elevation of the flood of one-hundred (100) year frequency; 2. Portable and movable electrical equipment may be placed below the elevation of the flood of one-hundred (100) year frequency, provided that the equipment can be disconnected by a single plug-and-socket assembly of the submersible type; 3. The main power service lines shall have automatically operated electrical disconnect equipment or manually operated electrical disconnect equip- ment located at an accessible remote location outside the designated floodplain and above the elevation of the flood of one-hundred (100) year frequency; and 4. All electrical wiring systems installed below the elevation of the flood of one-hundred (100) year frequency shall be suitable for continuous sub- mergency and may not contain fibrous components. B. Heating systems for allowed and permitted floodplain and floodway uses shall conform to the following conditions: 1. Float operated automatic control valves must be installed in supply lines to gas furnaces, so that the fuel supply is automatically shut off when flood waters reach the floor level where the furnaces are located; 2. Manually operated gate valves that can be operated from a location above the elevation of the flood of one-hundred (100) year frequency shall also be provided in gas supply lines; and, -16- ~ ! 3. Electric heating systems must be installed in accordance with subparagraph A of this Section. C. Plumbing systems for allowed and permitted floodplain and floodway uses shall conform to the following conditions: 1. Sewer lines, except those to buried and sealed vaults, must have check valves installed to prevent sewage backup into permitted structures; and, 2. All toilets, stools, sinks, urinals, and drains must be located such that the lowest point of possible water entry is at least two {2) feet above the elevation of the flood of one-hundred (100) year frequency. 4.07 EMERGENCY WAIVER A. Emergency repair to and/or replacement of severely damaged public trans- portation facilities, public water and sewer facilities, and flood control works may be authorized and permit requirements waived if: 1. Upon notification and prior to the emergency repair and/or replacement, the Floodplain Administrator determines that an emergency condition warranting immediate action exists; and, 2. The Floodplain Administrator agrees upon the nature and type of proposed emergency repair and/or replacement, B. Authorization to undertake emergency repair and/or replacement work may be given verbally if the Floodplain Administrator feels that a written authorization would unduly delay the emergency work. Such verbal author- ization must be followed by a written authorization stating the emergency condition, the type of emergency work agreed upon, and a notation that verbal authorization had been previously given, -17- CHAPTER V ADMINISTRATION 5.01 ADMINISTRATOR A. The Floodplain Administrator is hereby appointed with the authority to review zoning, building and floodplain permit applications and proposed uses or construction to determine compliance with this Resolution. He is required to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal and State law and local codes, including Section 404 of the Federal Water Pollution Control Act of 1972, 33 11.S.C. 1334. B. The Floodplain Administrator sha11 adopt such procedures as may be necessary to efficiently administer the provisions of this Resolution. C. The Floodplain Administrator charged with the administration of this Resolution shall maintain such files and records as may be necessary to document nonconforming uses, flood elevations, fee receipts, the issuance of permits, agendas, minutes, records of public hearings, and any other matter relating to floodplain management in Yellowstone County. Such files and records shall be open for public inspection. In matters of litigation, the Yellowstone County Attorney may restrict access to specific records. D. The Floodplain Administrator will send copies of all permits granted to the Montana Department of Natural Resources and Conservation (MDNRC). E. The Floodplain Administrator must notify, in riverine situations, adjacent communities and the Floodplain Management Section (MDNRC) prior to any alteration or relocation of a watercourse, and copies submitted of such notification to the Federal Insurance Administration. F. The Floodplain Administrator must assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 5.02 PERMIT APPLICATIONS A. Uses which require the issuance of a permit, including the expansion or alteration of such uses, shall not be established or undertaken until a permit has been issued by the Floodplain Administrator. B. Permit applicants are required to furnish such of the following as is deemed necessary for determining the suitability of the particular site for the proposed use: 1. Plans in duplicate drawn to scale with dimensions shown, showing the nature, location, dimensions, and elevation of the lot, the existing and proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the channel; 2. A surface view plan showing elevations or contours of the existing ground; pertinent structure, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities and; if available, dated photographs showing existing land -18- uses and channel conditions upstream and downstream; and, 3. Specifications for flood proofing, filling, excavating, grading, riprapping, storage of materials, water supply, and sanitary facilities. C. In addition to the information specified in subparagraph B above, the following information may be required for certain proposed uses in designated floodplains where floodways are not available: 1. A minimum of four (4) surveyed river valley cross-sections as per instructions given in Appendix A. Field Survey Instructions for Flood Hazard Evaluations; 2. A surveyed water surface profile as per instructions given in Appendix A, Field Survey Instructions for Flood Hazard Evaluations; 3. Certification by a qualified professional engineer that flood proofing measures are reasonably adeouate to protect against major flood damages; or, a hydrological study documenting probable effect on upstream or downstream property owners: 4, Certification by a registered professional engineer or architect that flood proofing measures are adequate to protect against major flood damages; or a hydrological study documenting probalbe effect on upstream or downstream property owners; 5, River valley cross-sections and referenced water surface profiles as per instructions given in Appendix A. "Field Survey Instructions for Flood Hazard Evaluations", of this Resolution; and, 6. One-hundred (100) year flood elevations for new construction or substantial improvements in floodplain districts, established by (i) using the highest known historical flood elevations; (ii) using photographic comparisons of the Federal Insurance Administration's Flood Insurance Rate Maps (FIRM) and USGS contour maps; or, (iii) using some other method approved in writing by the Floodplain Administrator. D. Applicants who have received permits are required to furnish the following, at the time of an onsite conformance inspection, for determining that the permit conditions and specifications have been complied with: 1. Certification by a registered professional engineer or architect of the actual elevation (in relation to mean sea level) of the lowest habitable flood (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement: and, 2. Certification by a registered professional engineer or architect of_the actual elevation (in relation to mean sea level) of the certified flood- proofing of all new substantially improved floodproofed structures, 5.03 PERMIT REVIEW EXPIRATION DATE A. A permit application is considered to have been automatically granted sixty (60) days after receipt of the application, except where: 1, The Floodplain Administrator notifies the applicant before the sixtieth (60th) day that the permit is denied, or conditionally approved; -19- i The Floodplain Administrator notifies the applicant that additional hydraulic and survey information is required before acting upon the permit application; and, The permit requires State endorsement as in the case of surface water diversions, variances from approved standards, etc. 5.04 REVIEW-VARIANCES-APPEALS A. The Yellowstone County Commissioners shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator, in the enforcement or administration of this Resolution. B. The Board of Yellowstone County Commissioners may, by variance, grant a permit that is not in compliance with the minimum standards contained in this Resolution according to the following procedures: Variances shall not be issued for areas within any designated flood- way if any increase in flood levels during the base flood discharge would result; Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or fictimization of the public, or conflict with existing State laws or local resolutions, (iv) a determination that the proposed use would be adequately flood proofed, (v) a deter- mination that a reasonable alternative location outside the floodplain is not ae~ailable: (vi) a determination that the variance requested is the minimum necessary, considering the flood hazard, to afford relief, and (vii) an approval of the Department of Natural Resources and Conservation is obtained upon request of the Board of Yellowstone County Commissioners of any permit application that requests a variance with this Resolution; and, Variances shall be issued in writing from the Board of Yellowstone County Commissioners and shall notify the applicant that (i) the specific variance that is granted, along with any conditions attached, thereon, (ii) the issuance of a variance to construct a structure below the base flood will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (iii) such construction below the base flood level increases risks to life and property. The Floodplain Administrator shall maintain the records of variance notification, variance actions, including justification for their issuance, and forward copies of all variances actions to the Depart- ment of Natural Resources-and Conservation. C. Appeals from any decision of the County of Yellowstone or its officers or agencies may be taken by any person or persons, jointly or separately aggrieved to a court of record. 5.05 FEES A non-refundable processing fee of twenty-five dollars ($25.00) shall be submitted with each permit application. -20- CHAPTER V1 ENFORCEMENT 6.01 VIOLATION NOTICE The Floodplain Administrator shall bring any violation of to the attention of the Yellowstone County Commissioners County Attorney and the State Dept. of Natural Resources 6.02 COMPLIANCE this Resolution and the Yellowstone and Conservation. Use permits issued on the basis of approved plans and applications authorized only the use, arrangements, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Resolution, and punishable as provided in Section 6.03. An applicant may be required to submit certification by a registered professional engineer, land surveyor, architect, or other qualified person designated by the Floodplain Administrator, that finished fill and building floor elevations, flood proofing, or other flood protection measures were accomplished in compliance with this Resolution. 6.03 PENALTIES Violation of the provisions of this Resolution or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with variances), shall constitute a misdemeanor.. Any person who violates this Resolution or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500) or imprisoned for not more than six (6) months or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the County of Yellowstone from taking such other lawful action as is necessary to prevent or remedy any violation. -21- APPENDIX A FIELD SURVEY INSTRUCTIONS FOR FLOOD HAZARD EUALUATIONS 1. Cross Sections: A minimum of four surveyed valley cross sections by a registered land surveyor according to the following field survey instruc- tions: a. The surveys required are cross sections of stream channels and the floodplain on both banks. b. One cross section shall be taken at a point on the stream from which it could be extended through the site. c. Three cross sections shall be taken downstream from the site, each approximately 1,000 feet apart. In no case, however, should the fall in water surface elevation between two sections exceed 5.0 feet. Cross sections should also be taken at all bridge locations in the reach. The cross section farthest downstream should be located at a natural constriction or at a bridge crossing. Cross sections shall be taken at any bridge location between the site and lowest cross section. All bridges in the reach should be described and sketched showing unobstructed waterway openings and elevations. d. Distances between crass sections are to be determined by stadia, and these distances and locations of cross sections shall be shown on location map. e. The overbank cross sections are to be extended to obtain a vertical rise of fifteen (15) feet above the water surface. f. If a U. S. Geological Survey river gauging station is within the reach of the stream under study, the elevation of any convenient foot mark shall be surveyed and clearly indicated on the location map. g. Elevations of the water surface determined by survey-as part of each valley cross section. h. Cross sections should be plotted on ten divisions to the inch cross section paper, using any convenient, identified scale for vertical and horizontal distance. i. The elevation of any known high water mark shall be identified and included in the survey. 2. Profile: A profile sheet shall be prepared by a registered land surveyor, architect, or registered civil engineer on cross section paper of ten divisions to the inch, showing the observed water surface profile, location of cross sections, site boundaries, riverbank profile, and thalweg (lowest point of the channel bottom along the reach of stream). 3. Reference: All surveyed elevations shall be tied to mean sea level datum and the benchmark used shall be identified. 4. Elevations: After submittal of this the Department of Natural Resources 100 year floodplain elevations. data, the Water Resources Division of and Conservation will determine the _ZZ_ i APPENDIX B COUNTY FLOODPLAIN PERMIT PROCEDURE In accordance with the law, it is required that certain dates and items of information be documented- and maintained on file. To this end, the Flood- plain Administrator has developed "The Floodplain Permit, Application - Approval - Disapproval Form" that will document the necessary information. This form is Appendix C. Within ten working days, upon receipt of the Floodplain Permit Application and the permit fee, the Floodplain Administrator shall, if necessary, (1) request further information of the applicant, (2) meet with the applicant on .site, and (3) submit the application to Montana Department of Natural Resources and Conservation (DNRC) for an opinion. Within sixty (60) days, the Floodplain Administrator will render a decision to (1) approve (2) conditionally approve or (3) deny (disapprove) the request This will be accomplished using the Floodplain Permit Application - Approval Disapproval Form per Appendix C. The property owner and DNRC will receive a copy of the form after the decision is rendered. If the permit is approved or approved conditionally, the Floodplain Adminis- trator shall on, or soon after, the deadline date for work completion conduct an onsite conformance inspection. Items which do not conform to permit con- ditions shall be brought to the attention of the property owner for immediate corrective action. The onsite conformance certification requirements that are required from the property owner are outlined in Section 5.02 (D) of this resolution. -23- 0 ~-, J d a APPENDIX C FLOODPLAIN PERMIT APPLICATION - APPROVAL - DISAPPROVAL FORM YELLOWSTONE COUNTY, MONTANA Permit No. I, NAME ADDR S TELEPHONE NUMB R Representing: COMPANY OR OWNER ADDRESS do hereby request a permit from the Flood Plain Administrator for the purpose of Location of Proposed Work (common address): Legal Description of Property: Name of Stream or River: Enclosed is the required documentation for the issuance of a permit and a processing fee of twenty-five dollars 0 25.00). I understand that the Flood Plain Administrator has sixty (60) days to examine the information I have supplied with this application. DA This application is approved until Restrictions: APPLICAN 'S SIGNATUR DATE FLOOD PLAIN ADMINISTRATOR This application is disapproved for the following reason(s): 0 cn ra DATE FLOOD PLAIN ADMINISTRATOR cc: Montana Department of Natural Resources & Conservation -24- . APPENDIX D NEW SURFACE WATER DIVERSIONS AND CHANG IN CE OF D V R ON The attached farm, Appendix E, is to be completed for surface water diversions in each designated floodplain. This form with all supporting documentation, and a non-refundable fee of ten dollars ($10) is to be sent to: Montana Department of Natural Resources and Conservation Water Resources Division 32 South Ewing Helena, MT 59601 The following information must be submitted with this form. If additional space is needed, attach extra sheets. 1. A map showing: a. The location of the surface water diversion in relation to the stream channel fora distance of at least 500 feet both upstream and downstream from the site, and b. All existing structures, buildings, dikes, other significant obstructions, and their locations in relation to the channel. The map may be either a carefully drawn sketch or a prepared map. A designated scale, such as 1 inch equals 2,000 feet, must be used (1:24,000 max.). The map must have dimensions and scale clearly marked. 2. A set of plans for the proposed surface water diversion that includes: a. All dimensions b. The approximate amount of fill required, and c. A description of construction materials. If residential, commercial, or industiral structures (walled and roofed buildings) are involved, both natural ground elevations and proposed finished elevations (including floor elevations) must be submitted. All elevations must be in reference to Mean-Sea-Level datum. -25- 4PPFNnTY F For Dept. Use Only Request No. STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION REQUEST TO ESTABLISH NEW SURFACE WATER DIVERSIONS AND CHANGES IN PLACE OF DIVERSION Please Type or Print in Ink 1. Name of Applicant: Address: Street City State Zipcode Phone Number: 2. Name of Landowner(s) (if different from applicant): ress• Street Tty tate Zipcode Phone Number: 3. Name of Stream: 4. Location of proposed surface water diversion: a a ; of Section Township N, Range W, of County. 5. Describe briefly the proposed surface water diversion: 6. Remarks: THE APPLICANT HEREBY CERTIFIES THAT THESE STATEMENTS AND THE INFORMATION SUBMITTED HEREWITH ARE, TO THE BEST OF HIS KNOWLEDGE, TRUE AND CORRECT. ignature of pp scant/Date Type or print name in ink it e of App scant -26-