HomeMy WebLinkAboutOrdinance No. O18-01t i 9 1 r.
Kozo `-UU-3 NOV MUNNi ;i ! i
WHEREAS, the City Council is obligated to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections of the Laurel Municipal Code to
address various issues within the City and to remain in accordance with Montana law; and
WHEREAS, the City retained a contractor who prepared the attached updates and
modifications to the City's Floodplain Regulations which are hereby presented to the City
Council who shall conduct public hearings prior to the final adoption of this proposed Ordinance;
and
WHEREAS, the existing Chapter 15. 70 shall be modified to read as follows:
Chapter 15.70
FLOODPLAIN REGULATIONS
Sections:
15.70.010 Floodplain regulations—Purpose.
15.70.010 Floodplain regulations—Purpose.
A. The ordinance codified in this chapter is passed in order to comply with
the Montana Floodplain and Floodway Management Act (Montana Code Annotated, Title 76,
Chapter 5) and to insure compliance with the requirements for the continued participation by the
City in the National Flood Insurance Program. Land use regulations, which are hereby adopted,
are to be applied to all identified one hundred year floodplains within the City's jurisdiction and
are attached as Exhibit A and fully incorporated as part of this chapter by this reference.
B. This chapter and Exhibit A, Floodplain Hazard Management Regulations
dated August 2018, are adopted under the authority of Montana Code Annotated, Title 76,
Chapter 5, Part 3.
C. This chapter adopts the set of comprehensive land use regulations attached
to the Ordinance codified in this section as Exhibit A for identified one hundred year floodplains
within the City. The regulations are based upon the authorities specifically provided in Exhibit
A.
BE IT RESOLVED, that upon final passage of this Ordinance by the City Council, the
proposed updates, changes and amendments to the City's existing Chapter 15. 70 shall be
formally modified as provided herein, and incorporated into the Laurel Municipal Code. Exhibit
A is hereby approved as the City of Laurel's Floodplain Hazard Management Regulations and a
true copy shall be available for use, review and/or inspection in the City Clerk's Office and the
Public Works Department at City Hall.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on August
7, 2018, by Council Member Eaton.
PASSED and ADOPTED by the Laurel City Council on second reading this 21" day of
August 2018, upon motion of Council Member Stokes.
APPROVED BY THE MAYOR this 21" day of August 2018.
2
FLOODPLAIN HAZARD MANAGEMENT REGULATIONS
Effective September 21, 2018
SECTION TITLE, PURPOSE, AUTHORITY AND GENERAL PROVISIONS ..................... 5
1.1
FLOODPLAIN HAZARD MANAGEMENT REGULATIONS ........................................................
5
1.2
STATUTORY AUTHORITY ......................................................................................................
5
13
FINDINGS DFFACT ...............................................................................................................
5
1.4
PURPOSE .............................................................................................................................. S
1.5
METHODS T0REDUCE LOSSES ............................................................................................ 6
1.6
REGULATED AREA ................................................................................................................ 6
1.7
FLOODPLAIN ADMINISTRATOR ...........................................................................................
1.8
COMPLIANCE ....................................................................................................................... 7
1.9
ABROGATION AND GREATER RESPONSIBILITY .................................................................... 7
1.10
REGULATION INTERPRETATION .......................................................................................... 7
1.11
WARNING AND DISCLAIMER 0FLIABILITY ..........................................................................
8
1.12
SEVERABILITY .......................................................................................................................
8
1.13
DISCLOSURE PROVISION ......................................................................................................
8
1.14
AMENDMENT 0FREGULATIONS .........................................................................................
8
1.15
PUBLIC RECORDS .................................................................................................................
8
1.16
SUBDIVISION REVIEW ..........................................................................................................
8
1.17
DISASTER RECOVERY ...........................................................................................................
9
SECTIONDEFINITIONS ............................................................................................
9
SECTIONFORMS AND FEES ..................................................................................
14
3.1
PURPOSE AND INTENT ......................................................................................................
14
3.2
FEES ...................................................................................................................................
15
SECTION REGULATED FLOOD HAZARD AREAS .....................................................
1S
4.1
REGULATED FLOOD HAZARD AREAS .................................................................................
15
4.2
INTERPRETATION OFREGULATED FLOOD HAZARD AREA BOUNDARIES ..........................
16
4.3
ALTERATION OFREGULATED FLOOD HAZARD AREA ........................................................
17
SECTION USES ALLOWED WITHOUT APERMIT WITHIN THE REGULATED FLOOD
HAZARD AREA 19
5.1
GENERAL ............................................................................................................................
19
SECTION PROHIBITED USES, ACTIVITIES AND STRUCTURES WITHIN THE
REGULATED FLOOD HAZARD AREA
,__._______..,..,,--------..-------....--.---21
6.1
FLOODVVAY........................................................................................................................
2l
6.2
FLOOD FRINGE ORREGULATED FLOOD HAZARD AREA WITHOUT AFLOODVVAY............
2l
SECTION FLOODPLAIN PERMIT APPLICATION REQUIREMENTS ...........................
2Z
7.1
GENERAL ............................................................................................................................
2Z
7.2
REQUIRED FLOODPLAIN PERMIT APPLICATION INFORMATION .......................................
22
SECTION FLOODPLAIN PERMIT APPLICATION EVALUATION ...............................
23
8.1
FLOODPLAIN PERMIT APPLICATION REVIEW ....................................................................
23
8.2
NOTICE REQUIREMENTS FOR FLOODPLAIN PERMIT APPLICATIONS: ...............................
Z4
8.3
FLOODPLAIN PERMIT APPLICATION REVIEW ....................................................................
I5
8.4
DECISION ...........................................................................................................................
2S
8.5
FLOODPLAIN PERMIT CONDITIONS AND REQUIREMENTS ................................................
26
SECTION DEVELOPMENT REQUIREMENTS |NTHE FLUOOVVAY...........................
27
9.1
USES REQUIRING PERMITS ................................................................................................
27
9.2
GENERAL REQUIREMENTS ................................................................................................. 27
9.3
MINING [}FMATERIAL REQUIRING EXCAVATION FROM PITS ORPOOLS ......................... 29
9.4
RAILROAD, HIGHWAY AND STREET STREAM CROSSINGS .................................................
29
9.5
LIMITED FILLING FOR ROAD AND RAILROAD EMBANKMENTS .........................................
3O
9.6
BURIED []RSUSPENDED UTILITY TRANSMISSION LINES ...................................................
3O
9.7
STORAGE OFMATERIALS AND EQUIPMENT .....................................................................
3D
9.8
DOMESTIC WATER SUPPLY WELLS ....................................................................................
31
9.9
BURIED & SEALED VAULTS FOR SEWAGE DISPOSAL IN CAMPGROUNDS & RECREATIONAL
AREAS
31
9.10
PUBLIC AND PRIVATE CAMPGROUNDS .............................................................................
31
9.21
STRUCTURES ACCESSORY ORAPPURTENANT ...................................................................
3Z
9.12
CONSTRUCTION <]FORMODIFICATIONS TOSURFACE WATER DIVERSIONS ...................
33
9.13
FLOOD CONTROL AND STREAM BANK STABILIZATION MEASURES ..................................
33
9.14
STREAM AND BANK RESTORATION ...................................................................................
34
9.15
EXISTING RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS |NTHE FLOODVVAY.............
3S
SECTION 10 DEVELOPMENT REQUIREMENTS |NTHE FLOOD FRINGE C)RREGULATED
FLOOD HAZARD AREA WITH NOFLOODVVAY....................................................................
35
10.1
USES REQUIRING PERMITS ................................................................................................
35
10.2 GENERAL REQUIREMENTS ................................................................................................. 36
103 RESIDENTIAL BUILDING, EXCEPTIONS ORADDITIONAL REQUIREMENTS ......................... 42
10.4 NON-RESIDENTIAL BUILDING, EXCEPTIONS URADDITIONAL REQUIREMENTS ................ 43
SECTION 11 EK4ERGEN(]ES.----.---..-----..----.---.----./43
11.1 GENERAL -------...---...---~.---------..—.--~—.—..--.---/43
11.2 EMERGENCY NOTIFICATION AND APPLICATION REQUIREMENTS .................................... 44
SECTION12 VARIANCES ............................................................................................ *:
12.1 GENERAL ............................................................................................................................ 44
1I2 VARIANCE APPLICATION REQUIREMENTS: ....................................................................... 44
123 NOTICE REQUIREMENTS FOR FLOODPLAIN VARIANCE APPLICATION .............................. 45
12.4 EVALUATION OFVARIANCE APPLICATION ........................................................................ UG
12.5 DECISION ...........................................................................................................................
12'6 JUDICIAL REVIEW ............................................................................................................... 47
SECTION 13 ADMINISTRATIVE APPEALS ................................................................... 47
13.1 GENERAL ............................................................................................................................ 4/
13.2 APPEALS REQUIREMENTS .................................................................................................. 47
13.3 NOTICE AND HEARING ....................................................................................................... 48
13'4 DECiSK)N..----.----..---.----------~----..---.------/+u
! 13.5 JUDk]ALREy|Eyy,,________._________,-----.---~-------./u�
SECTION14 ENFORCEMENT ..................................................................................... 48
14.1 INVESTIGATION REQUEST ................................................................................................. 48
14.2 NOTICE TOENTER AND INVESTIGATE LANDS ORWATERS ............................................... 9
14.3 NOTICE TDRESPOND AND ORDER T3TAKE CORRECTIVE ACTION ................................... 49
14,4 ADMINISTRATIVE REVIEW ................................................................................................. x9
14.5 APPEAL OFADMINISTRATIVE DECISION ............................................................................ 9
14.6 FAILURE TOCOMPLY WITH ORDER TOTAKE CORRECTIVE ACTION .................................. SU
14.7 OTHER REMEDIES .............................................................................................................. SO
SECTION15 PENALTIES ............................................................................................. 5U
15.1 MISDEMEANOR ................................................................................................................. 5o
15.2 DECLARATION TOTHE FEDERAL FLOOD INSURANCE ADMINISTRATOR ........................... 50
15.3 NOTICE AND HEARING ....................................................................................................... S1
15,4 DECISION ........................................................................................................................... 51
15.5 JUDICIAL REVIEW ............................................................................................................... 51
SECTION 1 TITLE, PURPOSE, AUTHORITY AND
GENERAL PROVISIONS
1.1 FLOODPLAIN HAZARD MANAGEMENT REGULATIONS
These regulations are known and may be cited as the "Floodplain Hazard Management
Regulations;" hereinafter referred to as "these regulations."
1.2 STATUTORY AUTHORITY
1.2.1 Floodplain and Floodway Management is incorporated in Montana
Code Annotated (MCA) Title76, Chapter 5 and describes the
authority, procedures and minimum standards for local regulations
and is further described in Montana Administrative Rule (ARM) 36,
Chapter 15.
1.2.2 The authority to regulate development in specifically identified
flood hazard areas has been accepted pursuant to 76-5-301, MCA.
1.3 FINDINGS OF FACT
1.3.1 Flood hazard areas specifically adopted herein as Regulated Flood
Hazard Areas have been delineated and designated by order or
determination of the Department of Natural Resources and
Conservation (DNRC) pursuant to MCA 76-5-201 et.seq.
1.3.2 These regulations have been reviewed by Montana Department of
Natural Resources and Conservation and the Federal Emergency
Management Agency. The Montana Department of Natural
Resources and Conservation has found the regulations acceptable
in meeting the Department minimum standards. The Federal
Emergency Management Agency finds that these regulations are
adequate and consistent with the comprehensive criteria for land
management and use pursuant to the standards established in 44
CFR 60.3.
1.4 PURPOSE
The purpose of these regulations is to promote public health, safety and general welfare of the
residents and minimize public and private losses due to flood conditions in Regulated Flood
Hazard Areas. These Regulations are intended to:
1.4.1 Protect human life and health.
1.4.2 Minimize expenditure of public money for costly flood control
projects;
1.4.3 Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
1.4.4 Minimize prolonged business and public service interruptions.
1.4.5 Minimize damage to public facilities and utilities such as water and
gas mains, electric, telephone and sewer lines, streets and bridges;
1.4.6 Help maintain a stable tax base by providing for the sound use and
development of flood -prone areas in such a manner as to minimize
future flood disruptions; and to
1.4.7 Ensure compliance with the minimum standards for the continued
participation in the National Flood Insurance Program for the
benefit of the residents.
1.5 METHODS TO REDUCE LOSSES
In accordance with 76-5-102, MCA, these regulations are intended to reduce flood losses
through the following methods:
1.5.1 Restrict or prohibit uses that are dangerous to health, safety or
property in times of flooding or that may cause excessive increases
in flood heights or velocities;
1.5.2 Require that uses of land vulnerable to floods, including public
facilities, be developed or constructed to at least minimum
standards or to otherwise minimize flood damage;
1.5.3 Regulate the alteration of natural floodplains, stream channels,
and natural protective barriers which are needed to accommodate
floodwaters;
1.5.4 Regulate filling, grading, dredging and other development which
may increase flood damage;
1.5.5 Prevent or regulate the construction of flood barriers which will
impact other land, flood water depth or velocity of floodwaters;
1.5.6 Distinguish between the land use regulations applied to the
floodway within the Regulated Flood Hazard Area and those
applied to that portion of the Regulated Flood Hazard Area not
contained in the floodway;
1.5.7 Apply more restrictive land use regulations within the floodway of
the Regulated Flood Hazard Area; and
1.5.8 Ensure that regulations and minimum standards balance the
greatest public good with the least private injury.
1.6 REGULATED AREA
These regulations apply only to the flood hazard areas specifically adopted herein as Regulated
Flood Hazard Areas which are more fully and specifically described in Section 4. Requirements
and approvals for alterations to the Regulated Flood Hazard Area are specified in Section 4. The
Regulated Flood Hazard Area includes areas specifically identified, labeled and illustrated on
maps such as Floodplain, Floodway, or Flood Fringe that have differing uses allowed and
minimum building standards that apply. The Regulated Flood Hazard Area is the geographic area
inundated by the Flood of 100 -year Frequency illustrated and depicted in the referenced studies
and maps.
The Regulated Flood Hazard Area supporting study and maps illustrating the regulatory area are
based on studies and maps that have been specifically adopted pursuant to 76-5-201et.seq. The
maps and accompanying study become the Regulated Flood Hazard Area only when formally
adopted by DNRC and subsequently by the political subdivision by these regulations. The original
source of studies and data may be from a Flood Insurance Study by FEMA, or other studies by
Corps of Engineers, Soil Conservation, United States Geological Service or other federal or state
agency.
1.7 FLOODPLAIN ADMINISTRATOR
A Floodplain Administrator is hereby officially appointed and is the responsibility of the office of
The City Planner. The Floodplain Administrator's duty is to administer and implement the
provisions of these regulations. The Floodplain Administrator must serve to meet and maintain
the commitments pursuant to 44 CFR 59.22(a) to FEMA to remain eligible for National Flood
Insurance for individuals and business within the political subdivision.
1.8 COMPLIANCE
Development, New Construction, Alteration or Substantial Improvement may not commence
without full compliance with the provisions of these regulations.
1.9 ABROGATION AND GREATER RESPONSIBILITY
It is not intended by these regulations to repeal, abrogate, or impair any existing easements,
covenants, deed restrictions, zoning or other regulations in effect. However, where these
regulations impose greater restrictions, the provision of these regulations must prevail.
1.10 REGULATION INTERPRETATION
In the interpretation and application of these regulations, 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.
1.11 WARNING AND DISCLAIMER OF LIABILITY
These regulations do not imply that land outside the Regulated Flood Hazard Areas or uses
permitted within such areas will be free from flooding or flood damages. These regulations shall
not create liability on the part of the community or any official or employee thereof for any flood
damages that result from reliance on these regulations or any administrative decision lawfully
made hereunder.
1.12 SEVERABILITY
If any section, clause, sentence, or phrase of these regulations is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding will in no way affect
the validity of the remaining portions of these regulations.
1.13 DISCLOSURE PROVISION
All property owners or their agents in the Regulated Flood Hazard Areas shall notify potential
buyers or their agents that such property, including any permitted uses transferred, is located
within the Regulated Flood Hazard Area and is subject to regulation and any permitted uses that
are transferred. Information regarding Regulated Flood Hazard Area and the repository for
Floodplain maps is available in the Floodplain Administrator's office.
1.14 AMENDMENT OF REGULATIONS
These regulations may be amended after notice and public hearing in regard to the amendments
to these regulations. The amendments must be found adequate and acceptable by DNRC and
FEMA to be effective and must be submitted for review at least 30 days prior to official adoption
1.15 PUBLIC RECORDS
Records, including permits and applications, elevation and flood proofing certificates, certificates
of compliance, fee receipts, and other matters relating to these regulations must be maintained
by the Floodplain Administrator and are public records and must be made available for inspection
and for copies upon reasonable request. A reasonable copying cost for copying documents for
members of the public may be charged and may require payments of the costs before providing
the copies.
1.16 SUBDIVISION REVIEW
Within the Regulated Flood Hazard Area, subdivisions including new or expansion of existing
manufactured home parks, must be designed to meet the following criteria:
1.16.1 The Base Flood Elevations and boundary of the Regulated Flood
Hazard area must be determined and considered during lot layout
and building location design;
1.16.2 Locations for future structures and development must be
reasonably safe from flooding;
1.16.3 Adequate surface water drainage must be provided to reduce
exposure to flood hazards;
1.16.4 Public utilities and facilities such as sewer, gas, electrical and water
systems must be located and constructed to minimize or eliminate
flood damage; and
1.16.5 Floodplain permits must be obtained according to these
regulations before
development occurs that is within the Regulated Flood Hazard
Area.
1.17 DISASTER RECOVERY
In the event of a natural or man-made disaster, the Floodplain Administrator should participate
in the coordination of assistance and provide information to structure owners concerning Hazard
Mitigation and Recovery measures with the Federal Emergency Management Agency, Montana
Disaster Emergency Services, Montana Department of Natural Resources and Conservation, and
other state, local and private emergency service organizations.
Upon completion of cursory street view structure condition survey within the Regulated Flood
Hazard Area, the Floodplain Administrator shall notify owners that a permit may be necessary
for an alteration or substantial improvement before repair or reconstruction commences on
damaged structures because of damages caused by natural or man-made disasters such as
floods, fires or winds.
Owners should be advised that structures that have suffered substantial damage and will
undergo substantial improvements require a floodplain application and permit and must be
upgraded to meet the minimum building standards herein during repair or reconstruction.
SECTION 2 DEFINITIONS
Unless specifically defined below, words or phrases used in these regulations shall be interpreted
as to give them the meaning they have in common usage and the most reasonable application.
For the purpose of these regulations, the following definitions are adopted:
100 -year Flood — One percent (1%) annual chance flood. See Base Flood
Alteration — Any change or addition to an artificial obstruction that either increases its external
dimensions or increases its potential flood hazard.
Appurtenant Structure — A structure in which the use is incidental or accessory to the use of a
principal structure.
Artificial Obstruction —Any obstruction which is not natural and includes any development, dam,
diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment,
excavation, channel rectification, road, bridge, conduit, culvert, building, refuse, automobile
body, fill or other analogous structure or matter in, along, across, or projecting into any Regulated
Flood Hazard Area that 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. See also Development.
Base Flood (Flood of 100 Year Frequency) — A flood having a one percent (1%) chance of being
equaled or exceeded in any given year.
Base Flood Elevation (BFE) — The elevation above sea level of the Base Flood in relation to the
National Geodic Vertical Datum of 1929 or the North American Vertical Datum of 1988 or unless
otherwise specified.
Basement — Any area of a building, except a crawl space, as having its Lowest floor below ground
level on all sides.
Building — A walled and roofed structure, including a gas or liquid storage tank that is principally
above ground, as well as a manufactured home.
Channel — The geographical area within either the natural or artificial banks of a watercourse or
drain way.
Crawl Space — An enclosure that has its interior floor area no more than 5 feet below the top of
the next highest floor. See Enclosure and Sub grade Crawlspace.
DNRC — Montana Department of Natural Resources and Conservation
Development —Any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials. See also Artificial Obstruction.
Elevated Building — A building that has no Basement and that has it lowest elevated floor raised
above ground level by foundation walls, shear walls, posts, piers, pilings or columns. A building
on a crawlspace is considered an elevated building.
Enclosure — That portion below the lowest elevated floor of an elevated building that is either
partially or fully shut in by rigid walls including a crawlspace, sub grade crawlspace, stairwell,
elevator or a garage below or attached.
Encroachment — Activities or construction within the Regulated Flood Hazard Area including fill,
new construction, substantial improvements, and other development.
Encroachment Analysis —A hydrologic and hydraulic analysis performed by an engineer to assess
the effects of the proposed artificial obstruction or nonconforming use on Base Flood Elevation,
flood flows and flood velocities.
Establish — To construct, place, insert, or excavate.
Existing Artificial Obstruction or Nonconforming Use — An artificial obstruction or
nonconforming use that was established before land use regulations were adopted pursuant to
Section 76-5-301(1), MCA.
FEMA — Federal Emergency Management Agency
Flood Fringe — The identified portion of the Floodplain of the Regulated Flood Hazard Area
outside the limits of the Floodway.
Flood of 100 Year Frequency (Base Flood) —A flood magnitude expected to recur on the average
of once every 100 -years or a flood magnitude that has a 1% chance of occurring in any given year.
Floodplain — The area of the Regulated Flood Hazard Area including and adjoining the
watercourse or drainway that would be covered by the floodwater of a Base Flood. The area is
partitioned into a Flood Fringe and Floodway where specifically designated. See Regulated Flood
Hazard Area.
Floodway — The identified portion of the Floodplain of the Regulated Flood Hazard Area that is
the channel and the area adjoining the channel that is reasonably required to carry the discharge
of the Base Flood without cumulatively increasing the water surface by more than one half foot.
Floodplain Administrator — Community official or representative appointed to administer and
implement the provisions of this ordinance.
Flood Proofing — Any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, electrical, plumbing, HVAC systems, structures and
their contents. The term includes wet flood proofing, dry flood proofing and elevation of
structures.
Letter of Map Change (LOMC) —An official response from FEMA that amends or revises the FEMA
Special Flood Hazard Area and FEMA Flood Insurance Study for flood insurance purposes and/or
flood risk hazard. FEMA Letters of Map Change specific to an amendment or revision include:
Letter of Map Amendment (LOMA) — A letter of determination from FEMA issued in response to
a request that a property or structure is not subject to the mandatory flood insurance
requirement because it was inadvertently located in the effective FEMA Special Flood Hazard
Area. The material submitted and response from FEMA may be considered by the Floodplain
Administrator for determining if a property or structure is within the Regulated Flood Hazard
area and subject to these regulations.
Letter of Map Revision Based on Fill (LOMR-F) — A letter of approval from FEMA removing the
mandatory requirement for flood insurance on property based on placement of fill or an addition.
Placement of fill or an addition must be preceded by a permit pursuant to these regulations.
Placement of fill does not remove the development from the Regulated Flood Hazard Area or
these regulations.
Letter of Map Revision (LOMR) — An official FEMA amendment to the currently effective FEMA
Flood Insurance Rate Map or FEMA Flood Boundary Map based on a physical change to the
floodplain of the Special Flood Hazard Area. It is issued by FEMA and changes flood zones,
delineations, and elevations on the FEMA Flood Insurance Rate Map or FEMA Flood Boundary
Map and may amend the FEMA Flood Insurance Study. It must be preceded by an approved
alteration of the designated floodplain from DNRC and subsequently an amendment to the
Regulated Flood Hazard Area.
Conditional Letter of Map Revision (CLOMR) —A FEMA letter of approval for a proposed physical
change that when completed would propose to change the flood zones, delineation or elevations
on the FEMA Flood Insurance Rate Map or FEMA Flood Boundary Map and may amend the FEMA
Flood Insurance Study through a subsequent LOMR. The CLOMR may be considered in an
evaluation by DNRC and the Floodplain Administrator during consideration of a proposed
alteration to the Regulated Flood Hazard Area.
Lowest Floor — Any floor of a building including a basement used for living purposes, storage, or
recreation. This includes any floor that could be converted to such a use.
Manufactured Home Park or Subdivision — Includes the construction of facilities for servicing the
manufactured home lots and at a minimum includes the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete pads.
Manufactured or Mobile Home — A building that may be residential or non-residential, 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 and includes
park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180
consecutive days.
New Construction — Structures for which the commencement of clearing, grading, filling, or
excavating to prepare a site for construction occurs on or after the effective date of these
regulations and includes any subsequent improvements to such structures.
New Manufactured Home Park Or Subdivision — A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed includes at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads and is completed on or after the effective
date of floodplain management regulations adopted by a community.
Non -Residential — Buildings including manufactured homes that are not residential including
commercial, agricultural, industrial buildings and accessory buildings. See Residential.
Owner — Any person who has dominion over, control of, or title to an artificial obstruction.
Person — Includes any individual, or group of individuals, corporation, partnership, association or
any other entity, including State and local governments and agencies.
Recreational Vehicle — A park trailer, travel trailer, or other similar vehicle which is (a) built on a
single chassis; (b) 400 square feet or less when measured at the largest horizontal projections;
(c) designed to be self-propelled or permanently towable by a motorized vehicle; and (d)
designed primarily for use as temporary living quarters for recreation, camping, travel, or
seasonal use, not for use as a permanent dwelling.
Regulated Flood Hazard Area — A Floodplain whose limits have been designated pursuant to Part
2, Chapter 5 of Title 76, MCA, and is determined to be the area adjoining the watercourse that
would be covered by the floodwater of a Base Flood. The Regulated Flood Hazard Area consists
of the Floodway and Flood Fringe where specifically designated.
Residential Building — A dwelling or building for living purposes or place of assembly or
permanent use by human beings and including any mixed use of residential and non-residential
use. All other buildings are non-residential.
Riprap — Stone, rocks, concrete blocks, or analogous materials that are placed along the bed or
banks of a watercourse or drainway for the purpose of preventing or alleviating erosion.
Scour Depth — The maximum depth of streambed scour caused by erosive forces of the Base
Flood.
Special Flood Hazard Area — Land area which has been specifically identified by the Federal
Emergency Management Agency as the floodplain within a community subject to a 1 percent or
greater chance of flooding in any given year. It is useful for the purposes of identifying flood
hazards by local subdivisions of government for regulatory purposes as well as use by the
National Flood Insurance Program for establishing risk zones and flood insurance premium rates.
The FEMA flood hazard area zone designation or flood risk potential is as illustrated on FEMA's
Flood Hazard Boundary Map or Flood Insurance Rate Map.
Structure — Any Artificial Obstruction.
Sub grade Crawlspace — A Crawlspace foundation enclosure that has its interior floor no more
than 5 feet below the top of the next higher floor and no more than 2 feet below the lowest
adjacent grade on all sides. A foundation exceeding either dimension is a Basement.
Substantial Damage — Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before -damaged condition would exceed 50 percent of the market
value of the structure before the damage occurred.
Substantial Improvement — Any repair, reconstruction or improvement of a structure where the
cost equals or exceeds fifty percent (50) of the market value of the structure either before the
improvement or repair is started or if the structure has been damaged, and is being restored,
before the damage occurred;
Substantial improvement is considered to occur when the first construction of any wall, ceiling,
floor or other structural part of the building commences;
The term does not include:
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
Any alteration of a structure listed on the national register of historic places or state inventory of
historic places.
Suitable Fill — Fill material which is stable, compacted, well graded, and pervious, not adversely
affected by water and frost, devoid of trash or similar foreign matter, tree stumps or other
organic material; and is fitting for the purpose of supporting the intended use and/or permanent
structure.
Variance — Means a grant or relief from the development requirements of these regulations
which would permit construction in a manner that would be otherwise prohibited by these
regulations by an approval pursuant Section 12.
Violation — A finding and order pursuant to the regulations against the owner or responsible
party of the failure of a structure or other development to be fully compliant with these
regulations.
SECTION 3 FORMS AND FEES
3.1 PURPOSE AND INTENT
The following forms may be required by the Floodplain Administrator:
3.1.1 Floodplain Permit Application Form —The "Joint Application for
Proposed Work in Montana's Steams, Wetlands, Regulated Flood
Hazard Areas, and Other Water Bodies", or other designated
application form. A completed FEMA MT -1 form may be required
to accompany the application when required by the Floodplain
Administrator.
3.1.2 Floodplain Permit Compliance Report — A report required to be
submitted by the Applicant to the Floodplain Administrator once
the permitted project in the Regulated Flood Hazard Area is
completed or within the designated time stipulated on the
Floodplain permit. A compliance report including an elevation and
or flood proofing certificate may be required where specified for
the purpose of documenting compliance with the requirements of
the permit.
3.1.3 Floodplain Variance Application Form — An application submitted
by the Applicant to the Floodplain Administrator to initiate a
proposed variance from the requirements of these regulations as
described in Section 12.
3.1.4 Floodplain Appeal Notice Form — A form submitted by the
Applicant or an aggrieved party to initiate the appeal process
described in Section 13.
3.1.5 Floodplain Emergency Notification Form — A written notification
form required pursuant to Section 11 of these regulations.
3.1.6 Official Complaint Form — A form that may be used by any person
to notify the Floodplain Administrator of an activity taking place
that appears to be noncompliant with the requirements of these
regulations.
3.2 FEES
A reasonable application fee for processing of permit applications may be imposed. Fees may be
adopted for costs of permit applications, notices, variances, inspections, certifications or other
administrative actions required by these regulations.
SECTION 4 REGULATED FLOOD HAZARD AREAS
4.1 REGULATED FLOOD HAZARD AREAS
4.1.1 The Regulated Flood Hazard Areas are the 100 -year floodplains
illustrated and referenced in the following specific studies and
reports described as follows:
4.1.1.1 FEMA Flood Insurance Rate Maps No. 30111C1420E,
30111C1440E Effective 11/6/2013. FEMA Flood
Insurance Study No. 30111CV001A and
30111CV002A, Effective 11/6/2013.
Letter of Map Revision/Revalidation
15-08-1029P-300086 Effective 01/08/2015
07-08-0268V-300086 Effective 11/07/25/2013
4.1.2 The Regulated Flood Hazard Areas specifically described or
illustrated in the above referenced studies and maps of the 100 -
year floodplain have been delineated, designated and established
by order or determination by the DNRC pursuant to 76-5-
201et.seq., MCA.
4.1.3 Use allowances, design and construction requirements specifically
in Sections 5, 6, 9, and 10 in these regulations vary by the specific
Floodplain areas including areas identified as Floodway and Flood
Fringe within the Regulated Flood Hazard Area
4.2 INTERPRETATION OF REGULATED FLOOD HAZARD AREA BOUNDARIES
4.2.1 The mapped boundaries of the Floodplain illustrated in the
referenced studies and maps in this Section are a guide for
determining whether property is within the Regulated Flood
Hazard Area.
4.2.2 A determination of the outer limits and boundaries of the
Regulated Flood Hazard Area or the Flood Fringe and Floodway
within the Regulated Flood Hazard Area includes an evaluation of
the maps as well as the particular study data referenced in this
Section. Supporting study material for Base Flood Elevations takes
precedence over any map illustrations if it exists.
4.2.3 The Regulated Flood Hazard Area boundary is delineated by the
Base Flood Elevation. The physical field regulatory boundary of the
Regulated Flood Hazard Area is the actual intersection of the
applicable study Base Flood Elevation with the existing adjacent
terrain of the watercourse or drainway.
4.2.4 The Floodway boundary where identified within the Floodplain is
as illustrated on the referenced maps and studies. Since the
Floodway boundary is a study feature, the location of the boundary
may be physically located by referencing the study data to a ground
feature. The Floodplain Administrator's interpretation of the
boundary and decision may be appealed as set forth in Section 13.
4.2.5 The Floodplain Administrator may request additional information
described below to determine whether or not the proposed
development is within the Regulated Flood Hazard Area:
4.2.5.1 Where Base Flood Elevations exist, the property
owner may provide additional information which
may include elevation information provided by an
engineer or land surveyor in order to determine if
the proposed development is subject to these
regulations.
4.2.5.2 Where Base Flood Elevations do not exist, the
property owner may provide additional information
to be considered to determine the location of the
regulatory boundary or alternatively provide a
computed Base Flood Elevation provided by an
engineer.
4.2.5.3 The Floodplain Administrator's interpretation of the
boundaries and decision may be appealed as set
forth in Section 13.
4.2.6 Any owner or lessee of property who believes his property has
been inadvertently included in the Regulated Flood Hazard Area
including the Floodway or Flood Fringe may submit scientific
and/or technical information to the Floodplain Administrator for a
determination if the property is appropriately located. Scientific or
technical information submitted to FEMA by an owner to affect the
insurance rating for insurance purposes may be considered by the
Floodplain Administrator. A determination by the Floodplain
Administrator is independent of any determination by FEMA for
insurance purposes.
4.3 ALTERATION OF REGULATED FLOOD HAZARD AREA
4.3.1 Revisions or updates to the specific maps and data that alter the
established Floodplains or Floodway of the Regulated Flood Hazard
Area requires DNRC approval pursuant to 75-5-203, MCA. An
alteration of the Regulated Flood Hazard Area is a DNRC approved
amendment to the DNRC order that originally delineated and
designated the 100 -year floodplain and is the basis of the
Regulated Flood Hazard Area referenced in Section 4.1.2. A DNRC
approved alteration consists of revisions or updates to the specific
maps and data of the referenced studies in this Section and forms
the basis for an amendment to the Regulated Flood Hazard Area in
these regulations;
4.3.2 Any change to the Regulated Flood Hazard Area as a result of a
DNRC alteration is effective upon amendment to the Regulated
Flood Hazard Area described in Section 4.1.1;
4.3.3 Substantial natural physical change or new technical or scientific
flood data showing that the Base Flood Elevation has or may be
changed or was erroneously established shall be brought to the
attention of DNRC and FEMA;
4.3.4 Any Floodplain permit application for a proposed development or
artificial obstruction must be denied until a DNRC alteration
pursuant to 76-5-203, MCA is approved if it causes an increase of
0.5 feet or more to the Base Flood Elevation of a Regulated Flood
Hazard Area without a Floodway or an increase of more than 0.00
feet to the Base Flood Elevation of a Floodway.
4.3.5 To propose an alteration a petition must be submitted to DNRC and
must include the following information:
4.3.5.1 Certification that no buildings are located in the
areas which would be impacted by the increased
Base Flood Elevation;
4.3.5.2 Evidence of notice to all property and land owners
of the proposed impacts to their properties
explaining the proposed impact on their property;
4.3.5.3 Information that demonstrates that alternatives are
not feasible;
4.3.5.4 Information that demonstrates that development is
for a public use or benefit; and
4.3.5.5 Any other supporting information and data as
needed for approvals.
4.3.6 The Floodplain Administrator may represent the permit authority
for any necessary applications, approvals or endorsements such as
the FEMA Community Acknowledgement Form to FEMA where
affecting the FEMA Special Flood Hazard Area;
4.3.7 A determination by the Floodplain Administrator that land areas
located within the Regulated Flood Hazard Area are above the Base
Flood Elevation as proven by a certified elevation survey does not
constitute or require an alteration or an amendment of the
Regulated Flood Hazard Area and may be maintained as a public
record that more explicitly defines the Regulated Flood Hazard
Area boundary;
4.3.8 Elevating with suitable fill as permitted does not alter the
Regulated Flood Hazard Area or remove the elevated area from the
Regulated Flood Hazard Area. and
4.3.9 A floodplain permit implementing the physical change cannot be
approved until a CLOMR has been issued by FEMA.
SECTION 5 USES ALLOWED• j PERMIT
WITWIV TYE VEGULATED FLOOD
5.1 GENERAL
Existing artificial obstructions or nonconforming uses established before land use regulations
pursuant to Section 76-5-301, MCA 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.
5.2 OPEN SPACE USES
The following open space uses shall be allowed without a permit in the Regulated Flood Hazard
Area, provided that such uses are not prohibited by any other regulation or statute, do not
require structures, and do not require fill, grading, excavation or storage of materials or
equipment:
5.2.1 Agricultural uses, not including related structures, such as tilling,
farming, irrigation, ranching, harvesting, grazing, etc;
5.2.2 Accessory uses, not including structures, such as loading and
parking areas, or emergency landing strips associated with
industrial or commercial facilities;
5.2.3 Forestry, including processing of forest products with portable
equipment;
5.2.4 Recreational vehicle use provided that the vehicle is on the site for
fewer than 180 consecutive days and the vehicle 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;
5.2.5 Residential uses such as lawns, gardens, parking areas, and play
areas;
5.2.6 Maintenance of the existing state of an existing open space uses
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;
5.2.7 Public or private recreational uses not requiring structures such as
picnic grounds, swimming areas, boat ramps, parks, campgrounds,
golf courses, driving ranges, archery ranges, wildlife management
and natural areas, alternative livestock ranches (game farms), fish
hatcheries, shooting preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, and hiking and horseback riding
trails;
5.2.8 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 chain link or privacy fence requires
a floodplain permit and meet the requirements of Section 9.11;
5.2.9 Addition of highway guard rail, signing and utility poles that have a
low impact to the flow of water along an existing roadway.
5.2.10 Irrigation and livestock supply wells, provided that they are located
at least 500 feet from domestic water supply wells and with the top
of casing 18" above the Base Flood Elevation.
SECTION 6 PROHIBITED USES, ACTIVITIES AND
STRUCTURES WITHIN THE REGULATED
X4141 o
6.1 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 Section 76-5-301, MCA have been adopted:
6.1.1 A building for residential or non-residential purposes;
6.1.2 A structure, fill, or excavation that would cause water to be
diverted from the Floodway, cause erosion, obstruct the natural
flow of waters or reduce the carrying capacity of the Floodway.
Notwithstanding these requirements, excavation or fill may be
allowed when it is a component to a permitted use allowed in these
regulations;
6.1.3 The construction or storage of an object (artificial obstruction)
subject to flotation or movement during flood level periods;
6.1.4 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 flood waters and avoid impairment or contamination;
6.1.5 Storage of toxic, flammable, hazardous or explosive materials, and
6.2 FLOOD FRINGE OR REGULATED FLOOD HAZARD AREA WITHOUT A FLOODWAY
The following artificial obstructions and nonconforming uses are prohibited in the Flood Fringe
or Regulated Flood Hazard Area without a Floodway, except for those established before land
use regulations have been adopted:5.2.1 Agricultural uses, not including related structures,
such as tilling, farming, irrigation, ranching, harvesting, grazing, etc;
6.2.1 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 flood waters and avoid impairment or contamination;
6.2.2 Storage of toxic, flammable, hazardous or explosive materials.
SECTION 7 FLOODPLAIN PERMIT APPLICATION
REQUIREMENTS
7.1 GENERAL
7.1.1 A Floodplain permit is required for a person to establish, alter or
substantially improve an artificial obstruction, nonconforming use
or development within the Regulated Flood Hazard Area;
7.1.2 A Floodplain permit is required for artificial obstructions,
developments and uses not specifically listed in Sections 9 and 10,
except as allowed without a Floodplain permit in Section 5, or as
prohibited as specified in Section 6, within the Regulated Flood
Hazard Area;
7.1.3 Artificial obstructions and nonconforming uses in a Regulated
Flood Hazard Area not exempt under Section 5 are public nuisances
unless a Floodplain permit has been obtained;
7.1.4 A Floodplain permit is required for an alteration of an existing
artificial obstruction or nonconforming use that increases the
external size or increases its potential flood hazard and not exempt
under Section 5;
7.1.5 A Floodplain permit is required to reconstruct or repair an existing
artificial obstruction that has experienced substantial damage and
will undergo substantial improvement; and
7.1.6 Maintenance of an existing artificial obstruction or use that is a
substantial improvement or an alteration requires a Floodplain
permit.
7.2 REQUIRED FLOODPLAIN PERMIT APPLICATION INFORMATION
7.2.1 A Floodplain permit application shall include, but is not limited to
the following:
7.2.1.1 A completed and signed Floodplain Permit
Application;
7.2.1.2 The required review fee;
7.2.1.3 Plans in duplicate drawn to scale showing the
location, dimensions, and elevation of the proposed
project including landscape alterations, existing and
proposed structures, and the location of the
foregoing in relation to the Regulated Flood Hazard
Areas and if applicable the Floodway boundary;
7.2.1.4 A copy of other applicable permits or pending
applications required by Federal or State law as
submitted which may include but are not limited to
a 310 permit, SPA 124 permit, Section 404 Permit,
318 Authorization, 401 Certification or a Navigable
Rivers Land Use License or Easement for the
proposed project; and the applicant must show that
the Floodplain permit application is not in conflict
with the relevant and applicable permits; and
7.2.1.5 Additional information related to the specific use or
activity that demonstrates the design criteria and
construction standards are met or exceeded as
specified in Sections 9 and 10.
SECTION 8 FLOODPLAIN PERMIT APPLICATION
EVALUATION
8.1 FLOODPLAIN PERMIT APPLICATION REVIEW
8.1.1 The Floodplain Administrator shall review and evaluate the
Floodplain permit application and shall approve, approve with
conditions, or deny the application within 180 days of receipt of a
correct and complete application.
8.1.2 The Floodplain Administrator shall determine whether the
Floodplain permit application contains the applicable elements
required in these regulations and shall notify the applicant of the
Floodplain Administrator's determination.
8.1.3 If the Floodplain permit application is found to be missing the
required elements and if the applicant corrects the identified
deficiencies and resubmits the Floodplain application, the
Floodplain Administrator shall notify the applicant whether the
resubmitted Floodplain application contains all the elements
required by these regulations, as applicable.
8.1.4 This process shall be repeated until the applicant submits a
completed Floodplain permit application containing all the
elements required by these regulations, or the application is
withdrawn.
8.1.5 If after a reasonable effort, the Floodplain Administrator
determines that the Floodplain application remains incomplete,
the Floodplain Administrator shall deny the Floodplain permit
application and notify the applicant of missing elements. No
further action shall be taken on the Floodplain permit application
by the Floodplain Administrator until the Floodplain permit
application is resubmitted.
8.1.6 A determination that a Floodplain permit application is correct and
complete for review does not ensure that the Floodplain permit
application will be approved or conditionally approved and does
not limit the ability of the Floodplain Administrator to request
additional information during the review process.
8.2 NOTICE REQUIREMENTS FOR FLOODPLAIN PERMIT APPLICATIONS:
8.2.1 Upon receipt of a complete application for a Floodplain permit, the
Floodplain Administrator shall prepare a notice containing the facts
pertinent to the Floodplain permit application and shall:
8.2.1.1 Publish the notice at least once in a newspaper of
general circulation in the area;
8.2.1.2 Serve notice by first-class mail upon adjacent
property owners;
8.2.1.3 Serve notice to the State National Flood Insurance
Program Coordinator located in DNRC by the most
efficient method. Notice to other permitting
agencies or other impacted property owners may be
provided; and
8.2.1.4 Prior to any alteration or relocation of a
watercourse in the Regulated Flood Hazard Area,
additionally provide notice to FEMA and adjacent
communities.
8.2.2 The notice shall provide a reasonable period of time, not less than
15 days, for interested parties to submit comments on the
proposed activity.
8.3 FLOODPLAIN PERMIT APPLICATION REVIEW
8.3.1 Floodplain permit applications shall be approved provided the
proposed new construction, substantial improvement, or
alteration of an artificial obstruction meets the requirements of the
minimum standards and criteria in Sections 9 and 10 and other
requirements of these regulations.
8.3.2 A Flood Plain permit application for a development that will cause
an increase of more than 0.00 feet to the Base Flood Elevation of
the Floodway or more than 0.50 feet to the Base Flood Elevation of
the Regulated Flood Hazard Area without a Floodway shall not be
approved until approval for an Alteration pursuant to Section 4.3
has been approved, the Regulated Flood Hazard Area is amended
and a FEMA CLOMR where required is issued.
8.3.3 The Floodplain Administrator shall determine that all necessary
permits have been received from those governmental agencies
from which approval is required by Federal or State law, including
section 404 of the Federal Water Pollution Control Act Amendment
of 1972, 36 U.S.C. 1334.
8.4 DECISION
8.4.1 The Floodplain Administrator shall approve, conditionally approve,
or deny the proposed Floodplain permit application. The
Floodplain Administrator shall notify the applicant of his action and
the reasons thereof within 180 days of receipt of a correct and
complete Floodplain permit application unless otherwise specified.
A copy of the approved Floodplain permit must be provided to
DNRC.
8.4.2 The approval of a Floodplain permit application does not affect any
other type of approval required by any other statute or ordinance
of the state or any political subdivision or the United States, but is
an added requirement.
8.5 FLOODPLAIN PERMIT CONDITIONS AND REQUIREMENTS
8.5.1 Upon approval or conditional approval of the Floodplain permit
application, the Floodplain Administrator shall provide the
applicant with a Floodplain permit with applicable specific
requirements and conditions including but not limited to the
following:
8.5.1.1 The Floodplain permit will become valid when all
other necessary permits required by Federal or
State law are in place;
8.5.1.2 Completion of the development pursuant to the
Floodplain permit shall be completed within one
year from the date of Floodplain permit issuance or
a time limit commensurate with the project
construction time line for completion of the project
or development. The applicant may request an
extension for up to an additional year. The request
must be made at least 30 days prior to the permitted
completion deadline;
8.5.1.3 The applicant shall notify subsequent property
owners and their agents and potential buyers of the
Floodplain development permit issued on the
property and that such property is located within a
Regulated Flood Hazard Area and shall record the
notice with the Floodplain Administrator,
8.5.1.4 The applicant shall maintain the artificial
obstruction or use to comply with the conditions
and specifications of the permit;
8.5.1.5 The applicant shall allow the Floodplain
Administrator to perform onsite inspections at
select intervals during construction or completion;
8.5.1.6 The applicant shall provide periodic engineering
oversight and/or interim reports during the
construction period to be submitted to the
Floodplain Administrator to confirm constructed
elevations and other project elements;
8.5.1.7 The applicant shall submit a compliance report
including certifications where required and
applicable including flood proofing, elevation,
surface drainage, proper enclosure openings and
materials to the Floodplain Administrator within 30
days of completion or other time as specified;
8.5.1.8 The applicant shall submit an annual performance
and maintenance report on bank stabilization or
other projects utilizing maturing vegetative
components to the Floodplain Administrator for a
period of 5 years or a time specified in the permit;
or
8.5.1.9 The applicant shall submit evidence of a submittal
of a FEMA Letter of Map Revision (LOMR) to FEMA
and applicable fees within 6 months of project
completion and proceed with due diligence for
acceptance of the document and necessary
supporting materials by FEMA.
SECTION 9 DEVELOPMENT REQUIREMENTS IN THE
FLOODWAY
9.1 USES REQUIRING PERMITS
Artificial obstructions including alterations and substantial improvements specifically listed in
Sections 9.3 to 9.15 may be allowed by permit within the Floodway, provided the General
Requirements in Section 9.2 and the applicable requirements in Sections 9.3 to 9.15 are met.
9.2 GENERAL REQUIREMENTS
An application for a permit shall meet the following requirements:
9.2.1 All projects shall be designed and constructed to ensure that they
do not adversely affect the flood hazard on other properties and
are reasonably safe from flooding;
9.2.2 All projects shall assure that the carrying capacity of the Floodway
is not reduced. All projects in the Floodway shall meet the
following:
9.2.1.1 Demonstrate that the project does not increase the
Base Flood Elevation by conducting an
encroachment analysis certified by an engineer. A
minimal or qualitative encroachment analysis may
be accepted when the project or development does
not require a structure, alteration of the Floodway,
involve fill, grading, excavation or storage of
materials or equipment but is also certified by an
engineer to not exceed the allowable encroachment
to the Base Flood Elevation; and
9.2.1.2 The allowable encroachment to the Base Flood
Elevation is 0.00 feet, and no significant increase to
the velocity or flow of the stream or water course
unless approval of an alteration of the Regulated
Flood Hazard Area pursuant to Section 4.3 and an
approved FEMA Conditional Letter of Map Revision
occurs before permit issuance; and
9.2.3 An application for a Floodplain permit must also demonstrate the
following factors are considered and incorporated into the design
of the use or artificial obstruction in the Floodway:
9.2.3.1 The danger to life and property due to backwater or
diverted flow caused by the obstruction or use;
9.2.3.2 The danger that the obstruction or use may be
swept downstream to the injury of others;
9.2.3.3 The availability of alternative locations;
9.2.3.4 Construct or alter the obstruction or use in such
manner as to lessen the flooding danger;
9.1.3.5 The permanence of the obstruction or use and is
reasonably safe from flooding;
9.1.3.6 The anticipated development in the foreseeable
future of the area which may be affected by the
obstruction or use;
9.1.3.7 Relevant and related permits for the project have
been obtained; and
9.1.3.8 Such other factors as are in harmony with the
purposes of these regulations, the Montana
Floodplain and Floodway Management Act, and the
accompanying Administrative Rules of Montana.
9.3 MINING OF MATERIAL REQUIRING EXCAVATION FROM PITS OR POOLS
The following information shall be provided, in addition to the requirements of Section 9.2, that:
9.3.1 A buffer strip of undisturbed land of sufficient width as determined
by an engineer to prevent flood flows from channeling into the
excavation is left between the edge of the channel and the edge of
the excavation;
9.3.2 The excavation meets all applicable laws and regulations of other
local and state agencies; and
9.3.3 Excavated material may be processed on site but is stockpiled
outside the Floodway.
9.4 RAILROAD, HIGHWAY AND STREET STREAM CROSSINGS
Railroad, highway and street stream crossings, including other transportation related crossings
provided, in addition to the requirements of Section 9.2, that:
9.4.1 Crossings are designed to offer minimal obstructions to the flood
flow;
9.4.2 Where failure or interruption of public transportation facilities
would result in danger to public health or safety and where
practicable and in consideration of FHWA Federal -Aid Policy Guide
23CFR65OA:
9.4.1.1 Bridge lower chords shall have freeboard to at least
two (2) feet above the Base Flood Elevation to help
pass ice flows, the base flood discharge and any
debris associated with the discharge; and
9.4.1.2 Culverts shall be designed to pass the Base Flood
discharge and maintain at least two (2) feet
freeboard on the crossing surface;
9.4.1.3 Normal overflow channels, if possible are preserved
to allow passage of sediments to prevent
aggradations; and
9.4.1.4 Mid -stream supports for bridges, if necessary, have
footings buried below the maximum scour depth.
9.5 LIMITED FILLING FOR ROAD AND RAILROAD EMBANKMENTS
Limited filling for road and railroad embankments, including other transportation related
embankments not associated with stream crossings and bridges provided, in addition to the
requirements of Section 9.2, that:
9.5.1 The fill is suitable fill;
9.5.2 Reasonable alternate transportation routes outside the floodway
are not available; and
9.5.3 The encroachment is located as far from the stream channel as
possible.
9.6 BURIED OR SUSPENDED UTILITY TRANSMISSION LINES
Buried or suspended utility transmission lines provided, in addition to the requirements of
Section 9.2, that:
9.6.1 Suspended utility transmission lines are designed such that the
lowest point of the suspended line is at least six (6) feet higher than
the Base Flood Elevation;
9.6.2 Towers and other appurtenant structures are designed and placed
to withstand and offer minimal obstruction to flood flows;
9.6.3 Alternatives such as alternative routes, directional drilling, and
aerial crossings are considered when technically feasible; and
9.6.4 Utility transmission lines carrying toxic or flammable materials are
buried to a depth of at least twice the calculated maximum scour
depth determined by an engineer for the Base Flood.
9.7 STORAGE OF MATERIALS AND EQUIPMENT
Storage of materials and equipment provided, in addition to the requirements of Section 9.2,
that:
9.7.1 The material or equipment is not subject to major damage by
flooding and is properly anchored to prevent flotation or
downstream movement; or
9.7.2 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.
9.8 DOMESTIC WATER SUPPLY WELLS
Domestic water supply wells provided, in addition to the requirements of Section 9.2, that:
9.8.1 They are driven or drilled wells located on ground higher than
surrounding ground to assure positive drainage from the well;
9.8.2 They require no other structures (e.g. a well house);
9.8.3 Well casings are water tight to a distance of at least twenty five (25)
feet below the ground surface and the well casing height is a
minimum of two (2) feet above the Base Flood Elevation or capped
with a watertight seal and vented two (2) feet above the Base Flood
Elevation;
9.8.4 Water supply lines have a watertight seal where the lines enter the
casing;
9.8.5 All pumps and electrical lines and equipment are either of the
submersible type or are adequately flood proofed; and
9.8.6 Check valves are installed on main water lines at wells and at all
building entry locations.
9.9 BURIED & SEALED VAULTS FOR SEWAGE DISPOSAL IN CAMPGROUNDS &
RECREATIONAL AREAS
Buried or and sealed vaults for sewage disposal in campgrounds and recreational areas provided,
in addition to the requirements of Section 9.2, demonstrate approval by Montana Department
of Environmental Quality and local health and sanitation permits or approvals.
9.10 PUBLIC AND PRIVATE CAMPGROUNDS
Public and private campgrounds provided, in addition to the requirements of Section 9.2, that:
9.10.1 Access roads require only limited fill and do not obstruct or divert
flood waters;
9.10.2 The project meets the accessory structures requirements in this
Section;
9.10.3 No dwellings or permanent mobile homes are allowed; and
9.10.4 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.
9.11 STRUCTURES ACCESSORY OR APPURTENANT
Structures Accessory or appurtenant to permitted uses such as boat docks, loading and parking
areas, marinas, sheds, emergency airstrips, permanent fences crossing channels that may impede
or stop flows or debris, picnic shelters and tables and lavatories, that are incidental to a principal
structure or use, provided in addition to the requirements of Section 9.2, that:
9.11.1 The structures are not intended for human habitation or supportive
of human habitation;
9.11.2 The structures will have low flood damage potential;
9.11.3 The structures will, insofar as possible, be located on ground higher than
the surrounding ground and as far from the channel as possible;
9.11.4 The structures will be constructed and placed so as to offer a
minimal obstruction to flood flows;
9.11.5 Only those wastewater disposal systems that are approved under
health and sanitation regulations are allowed;
9.11.6 Service facilities within these structures such as electrical, heating
and plumbing are flood proofed according to the requirements in
Section 10;
9.11.7 The structures are firmly anchored to prevent flotation;
9.11.8 The structures do not require fill and/or substantial excavation; and
9.11.9 The structures or use cannot be changed or altered without permit
approval.
9.12 CONSTRUCTION OF OR MODIFICATIONS TO SURFACE WATER DIVERSIONS
Construction of or modifications to surface water diversions provided, in addition to the
requirements of Section 9.2, that the design is reviewed and approved by an engineer and
includes:
9.12.1 Measures to minimize potential erosion from a Base Flood; and
9.12.2 Designs and plans that demonstrate any permanent structure in
the stream is designed to safely withstand up to the Base Flood
considering the forces associated with hydrodynamic and
hydrostatic pressures including flood depths, velocities, impact, ice
buoyancy, and uplift forces associated with the Base Flood.
9.13 FLOOD CONTROL AND STREAM BANK STABILIZATION MEASURES
Flood control and stream bank stabilization measures provided, in addition to the requirements
of Section 9.2, that the design is reviewed and approved by an engineer and constructed to
substantially resist or withstand the forces associated with hydrodynamic and hydrostatic
pressures, including flood depths, velocities, impact, ice, buoyancy, and uplift associated with the
Base Flood. The design must also show compliance with the following applicable criteria:
9.13.1 LEVEE AND FLOODWALL construction or alteration:
9.13.1.1 Must be designed and constructed with suitable fill
and be designed to safely convey a Base Flood;
9.13.1.2 Must be constructed at least 3 feet higher than the
elevation of the Base Flood unless the levee or
floodwall protects agricultural land only;
9.13.1.3 Must meet state and federal levee engineering and
construction standards and be publicly owned and
maintained if it protects structures of more than
one landowner; and
9.13.1.4 For any increase in the elevation of the Base Flood,
an alteration of the Regulated Flood Hazard Area
requires approvals pursuant to Section 4.3.
9.13.2 STREAM BANK STABILIZATION, PIER AND ABUTMENT
PROTECTION projects:
9.13.2.1 Must be designed and constructed using methods
and materials that are the least environmentally
damagingyet practicable, and should be designed to
withstand a Base Flood once the project's
vegetative components are mature within a period
of up to 5 years or other time as required by the
Floodplain Administrator. Once vegetation is
mature and established it should not require
substantial yearly maintenance after the initial
period;
9.13.2.2 Materials for the project may be designed to erode
over time but not fail catastrophically and impact
others. Erosion, sedimentation, and transport of the
materials may be designed to be at least similar in
amount and rate of existing stable natural stream
banks during the Base Flood;
9.13.2.3 Must not increase erosion upstream, downstream,
across from or adjacent to the site in excess of the
existing stable natural stream bank during the Base
Flood; and
9.13.2.4 Materials for the project may include but are not
limited to riprap, root wads, brush mattresses,
willow wattles, natural woody debris or
combinations of analogous materials.
9.13.3 CHANNELIZATION PROJECTS where the excavation and/or
construction of a channel is for the purpose of diverting the entire
or a portion of the flow of a stream from its established course, the
project must:
9.13.3.1 Not increase the magnitude, velocity, or elevation of
the Base Flood; and
9.13.3.2 Meet the requirements of Section 9.13.2.
9.13.4 DAMS:
9.13.4.1 The design and construction shall be in accordance
with the Montana Dam Safety Act and applicable
safety standards; and
9.13.4.2 The project shall not increase flood hazards
downstream either through operational procedures
or improper hydrologic/hydraulic design.
9.14 STREAM AND BANK RESTORATION
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, in
addition to the requirements of Section 9.2, that:
9.14.1 The project will not increase velocity or erosion upstream,
downstream, across from or adjacent to the site;
9.14.2 Materials may include but are not limited to boulders, rock cobble,
gravel, native stream bed materials, root wads, brush mattresses,
willow wattles, natural woody debris or combinations of analogous
materials and that reasonably replicates the bed and bank of the
natural stream;
9.14.3 Erosion, sedimentation, and transport of the materials are not
more than the amount and rate of existing natural stream banks
during the Base Flood; and
9.14.4 The project may be designed to allow vegetative materials to
mature within a period up to 5 years or other time as required by
the Floodplain Administrator. Once vegetation is mature and
established it should not require substantial yearly maintenance
after the initial period.
9.15 EXISTING RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS IN THE FLOODWAY
Any alteration or substantial improvement to an existing building must meet the requirements
of Section 9.2 and the applicable requirements in Section 10 for residential or non-residential
buildings.
SECTION 10 DEVELOPMENT REQUIREMENTS IN THE
FLOOD FRINGE OR REGULATED FLOOD
HAZARD AREA WITH NO FLOODWAY
10.1 USES REQUIRING PERMITS
All uses allowed by permit in the Floodway shall also be allowed by permit within the Flood Fringe
or Regulated Flood Hazard Area with no Floodway. Such uses are subject to the requirements in
Section 9, with the exception of the encroachment limit of Section 9.2.2. Instead, such uses are
subject to the encroachment limits of this Section 10.2.9.
Except for prohibited artificial obstructions in Section 6.2, all other artificial obstructions
including new construction, substantial improvements, alterations to residential, and
nonresidential structures including manufactured homes, and related suitable fill or excavation
shall be allowed by permit and are subject to the requirements in this Section and General
Requirements of Section 9.2, with the exception of the encroachment limit of Section 9.2.2.
10.2 GENERAL REQUIREMENTS
10.2.1 Base Flood Elevation
Where necessary to meet the appropriate elevation requirement
in these regulations, the Base Flood Elevation(s) must be
determined by an engineer and utilized in the design and layout of
the project demonstrating the design and construction criteria
herein are met. For Regulated Flood Hazard Areas that do not have
computed and published Base Flood Elevations in the adopted
flood hazard study referenced in Section 4, a Base Flood Elevation
must be determined or obtained from a reliable source, utilizing
appropriate engineering methods and analyses;
10.2.2 Flood Damage
Structures must be constructed by methods and practices that
minimize flood damage and structures must be reasonably safe
from flooding;
10.2.3 Surface Drainage
Adequate surface drainage must be provided around structures;
10.2.4 Materials
Structures must be constructed with materials resistant to flood
damage;
10.2.5 Artificial Obstructions
Structures, excavation or fill must not be prohibited by any other
statute, regulation, ordinance, or resolution; and must be
compatible with subdivision, zoning and any other land use
regulations, if any;
10.2.6 Anchoring
All construction and substantial improvements must be designed
and adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
10.2.7 Certification
Certification by an engineer, architect, land surveyor, or other
qualified person must accompany the application where required
including for an encroachment analysis, adequacy of structural
elevations, Base Flood Elevation determinations, flood -proofing,
enclosure flood openings and design and construction to withstand
the hydrodynamic forces and hydrostatic pressures of flood
depths, velocities, impact, buoyancy, uplift forces associated with
the Base Flood and surface drainage. A certification is not intended
to constitute a warranty or guarantee of performance, expressed
or implied;
10.2.8 Encroachment Analysis
10.2.8.1 All applications in the Regulated Flood Hazard Area
without a Floodway must be supported by an
encroachment analysis of the proposed use, a
thorough hydrologic and hydraulic analysis except
as provided in following paragraph 4, Section
10.2.9.4, prepared by an engineer to demonstrate
the effect of the structure on flood flows, velocities
and the Base Flood Elevation;
10.2.8.2 The maximum allowable encroachment is certified
to be at or less than 0.5 feet increase to the Base
Flood Elevation unless approval of an alteration of
the Regulated Flood Hazard Area pursuant to
Section 4 and an approved FEMA Conditional Letter
of Map Revision occurs before permit issuance;
10.2.8.3 An encroachment analysis is not required for any
development in the Flood Fringe where an
accompanying Floodway has been designated
within the Regulated Flood Hazard Area; and
10.2.8.4 Although all other development standards herein
apply, a minimal or qualitative encroachment
analysis may be accepted when the project or
development does not require a structure,
alteration of the Floodplain, involve fill, grading,
excavation or storage of materials or equipment and
also is certified by an engineer to not exceed the
allowable encroachment.
10.2.9 Electrical Systems Flood Proofing
All electrical service materials, equipment and installation for uses
in a Regulated Flood Hazard Area must be certified to meet the
following requirements:
10.2.9.1 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
feet above the Base Flood Elevation;
10.2.9.2 Portable and movable electrical equipment may be
placed below the Base Flood Elevation, provided
that the equipment can be disconnected by a single
plug and socket assembly of the submersible type;
10.2.9.3 The main power service lines must have
automatically operated electrical disconnect
equipment or manually operated electrical
disconnect equipment located at an accessible
remote location outside the Regulated Flood Hazard
Area or two feet above the Base Flood Elevation;
and
10.2.9.4 All electrical wiring systems installed below the Base
Flood Elevation must be suitable for continuous
submergence and may not contain fibrous
components.
10.2.10 Heating and Cooling Systems Flood Proofing
Heating and cooling systems for uses in a Regulated Flood Hazard
Area must be certified to meet the following requirements:
10.2.10.1 Float operated automatic control valves must be
installed so that fuel supply is automatically shut off
when flood waters reach the floor level where the
heating and cooling systems are located;
10.2.10.2 Manually operated gate valves must be installed in
gas supply lines. The gate valves must be operable
from a location above the Base Flood Elevation;
10.2.10.3 Electrical Systems flood proofing must be met; and
10.2.10.4 Furnaces and cooling units must be installed at least
two (2) feet above the Base Flood Elevation and the
ductwork installed above the Base Flood Elevation.
10.2.11 Plumbing Systems Flood Proofing
Plumbing systems for uses in the Regulated Flood Hazard Area
must be certified to meet the following requirements:
10.2.11.1 Sewer lines, except those to a buried and sealed
vault, must have check valves installed to prevent
sewage backup into permitted structures; and;
10.2.11.2 All toilets, stools, sinks, urinals, vaults, and drains
must be located so the lowest point of possible flood
water entry is at least two (2) feet above the Base
Flood Elevation.
10.2.12 Structural Fill Flood Proofing
Fill used to elevate structures, including but not limited to
residential and non-residential buildings must be certified to meet
the following requirements:
10.2.12.1 The filled area must be at or above the Base Flood
Elevation and extend at least fifteen (15) feet
beyond the structure in all directions;
10.2.12.2 Fill material must be suitable fill, that is stable,
compacted, well graded, and pervious, not
adversely affected by water and frost, devoid of
trash or similar foreign matter, tree stumps or other
organic material; and is fitting for the purpose of
supporting the intended use and/or permanent
structure;
10.2.12.3 The fill must be compacted to minimize settlement
and compacted to 95 percent of the maximum
density. Compaction of earthen fill must be certified
by a engineer;
10.2.12.4 No portion of the fill is allowed within the floodway;
and
10.2.12.5 The fill slope must not be steeper than 1
horizontal to 1 vertical unless substantiating data
justifying a steeper slope is provided and adequate
erosion protection is provided for fill slopes exposed
to floodwaters.
10.2.13 Wet Flood Proofing
Building designs with an enclosure below the lowest floor must be
certified to meet the following:
10.2.13.1 Materials used for walls and floors are resistant to
flooding to an elevation two (2) feet or more above
the Base Flood Elevation;
10.2.13.2 The enclosure must be designed to equalize
hydrostatic forces on walls by allowing for entry and
exit of floodwaters. Opening designs must either be
certified by an engineer or architect or meet or
exceed the following:
10.2.13.2.1 Automatically allow entry and exit of
floodwaters through screens,
louvers, valves, and other coverings
or devices;
10.2.13.2.2 Furnaces and cooling units must be
installed at least two (2) feet above
the Base Flood Elevation and the
ductwork installed above the Base
Flood Elevation.
10.2.13.2.3 Have the bottom of all openings no
higher than one (1) foot above the
higher of the exterior or interior
adjacent grade or floor immediately
below the openings.
10.2.14 Dry Flood Proofing
Building designs that do not allow internal flooding must be
certified according to these regulations to meet the following:
10.2.14.1 Building use must be for non-residential use only
and does not include mixed residential and non-
residential use;
10.2.14.2 Be Flood Proofed to an elevation no lower than two
(2) feet above the Base Flood Elevation;
10.2.14.3 Be constructed of impermeable membranes or
materials for floors and walls and have water tight
enclosures for all windows, doors and other
openings; and
10.2.14.4 Be designed to withstand the hydrostatic pressures
and hydrodynamic forces resulting from the Base
Flood and the effects of buoyancy.
10.2.15 Elevation of the Lowest Floor
Elevating the lowest floor may be by either suitable fill, foundation
wall enclosure, stem walls, pilings, posts, piers, columns or other
acceptable means.
10.2.16 Crawl Spaces
Crawl space foundation enclosures including sub grade crawlspace
enclosures below the lowest floor must meet the wet flood
proofing requirements and be designed so that the crawl space
floor is at or above the Base Flood Elevation. Crawl space
foundations must have an inside dimension of not more than five
(5) feet from the ground to the top of the living floor level and a
sub grade crawlspace must also have the interior ground surface
no more than two (2) feet below the exterior lowest adjacent
ground surface on all sides. A sub grade foundation exceeding
either dimension is a basement.
10.2.17 Manufactured Home Anchors
For new placement, substantial improvement or replacement of
manufactured homes for residential or nonresidential use
including additions, the chassis must be secure and must resist
flotation, collapse or lateral movement by anchoring with
anchoring components capable of carrying a force of 4,800 pounds
and as follows:
10.2.17.1 For manufactured homes less than fifty (50) feet
long, over -the -top ties to ground anchors are
required at each of the four (4) corners of the home,
with two additional ties per side at intermediate
locations; or
10.2.17.2 For manufactured homes more than fifty (50) feet
long, frame ties to ground anchors are required at
each corner of the home with five (5) additional ties
per side at intermediate points.
10.3 RESIDENTIAL BUILDING, EXCEPTIONS OR ADDITIONAL REQUIREMENTS
New construction, alterations, and substantial improvements of residential dwellings,
manufactured homes, including replacement of manufactured homes, must be constructed such
that: the encroachment limit of Section 9.2.2.
10.3.1 Elevation of the Lowest Floor
10.3.2 Enclosure
The Lowest Floor of the building including an attached garage or
basement must be two (2) feet or more above the Base Flood
Elevation;
Enclosures of elevated buildings cannot be dry flood proofed. Use
for an enclosure is limited to facilitating building component
access. The enclosure including a crawlspace must be wet flood
proofed and the enclosure floor must be at or above the Base Flood
Elevation. An attached garage floor must be two (2) or more feet
above the Base Flood Elevation; and
10.3.3 Recreation Vehicles
Recreational vehicles on site for more than 180 days or not ready
for highway use must meet the requirements for manufactured
homes for residential use.
10.4 NON-RESIDENTIAL BUILDING, EXCEPTIONS OR ADDITIONAL REQUIREMENTS
New construction, alterations, and substantial improvements of non-residential including
agricultural, commercial and industrial buildings and residential and non-residential accessory
buildings must be constructed such that:
10.4.1 Elevation of the Lowest Floor
The Lowest Floor of the building must be elevated two (2) feet
above the Base Flood Elevation or adequately dry flood proofed
according to this Section. The Lowest Floor may be wet proofed
provided the use is limited to only parking, loading and storage of
equipment or materials not appreciably affected by floodwater;
10.4.2 Enclosure
Enclosures below the Lowest Floor on elevated buildings must be
wet flood proofed and the use must be limited to parking, access
or storage or must be adequately dry flood proofed according to
this Section;
10.4.3 Recreation Vehicles
Manufactured homes proposed for use as non-residential buildings
cannot be dry flood proofed; and
10.4.4 Agricultural Structures
Agricultural structures not intended to be insurable, used solely for
agricultural purposes, having low flood damage potential, used
exclusively in connection with the production, harvesting, storage,
drying, or raising of agricultural commodities including raising of
livestock, and not intended for human habitation are exempt from
the elevation requirement, dry or wet flood proofing, but shall:
10.4.1.1 Be located on higher ground and as far from the
channel as possible;
10.4.1.2 Offer minimal obstruction to flood flows;
10.4.1.3 Be adequately anchored to prevent flotation or
collapse;
10.4.1.4 Where electrical, heating and plumbing systems are
installed, meet the flood proofing requirements in
Sections 10.2.10, 10.2.11 and 10.2.12; and
10.4.1.5 Meet the elevation or dry flood proofing
requirements if the structure is an animal
confinement facility.
SECTION 11 EMERGENCIES
11.1 GENERAL
11.1.1 Emergency repair and replacement of severely damaged artificial
obstructions and development in the Regulated Flood Hazard Area,
including public transportation facilities, public water and sewer
facilities, flood control works, and private projects are subject to
the permitting requirements of these regulations.
11.1.2 The provisions of these regulations are not intended to affect other
actions that are necessary to safeguard life or structures during
periods of emergency.
11.2 EMERGENCY NOTIFICATION AND APPLICATION REQUIREMENTS
11.2.1 The property owner and or the person responsible for taking
emergency action must notify the Floodplain Administrator prior to
initiating any emergency action in a Regulated Flood Hazard Area
normally requiring a Floodplain permit. An Emergency Notification
Form must be submitted to the Floodplain Administrator within
five (5) days of the action taken as a result of an emergency.
11.2.2 Unless otherwise specified by the Floodplain Administrator, within
30 days of initiating the emergency action, a person who has
undertaken an emergency action must submit a Floodplain Permit
Application that describes what action has taken place during the
emergency and describe any additional work that may be required
to bring the project in compliance with these regulations.
11.2.3 A person who has undertaken an emergency action may be
required to modify or remove the project in order to meet the
permit requirements.
SECTION 12 VARIANCES
12.1 GENERAL
A variance from the minimum development standards of these regulations may be allowed. An
approved variance would permit construction in a manner otherwise as required or prohibited
by these regulations.
12.2 VARIANCE APPLICATION REQUIREMENTS:
12.2.1 Prior to any consideration of a variance from any development
standard in these regulations, a completed Floodplain Permit
application and required supporting material must be submitted.
12.2.2 Additionally, supporting materials in a Variance application specific
to the variance request including facts and information addressing
the criteria in this Section must be submitted.
12.2.3 If the Floodplain permit application and Variance application is
deemed not correct and complete, the Floodplain Administrator
shall notify the applicant of deficiencies within a reasonable time
not to exceed 30 days. Under no circumstances should it be
assumed that the variance is automatically granted
12.3 NOTICE REQUIREMENTS FOR FLOODPLAIN VARIANCE APPLICATION
Public Notice of the Floodplain permit application and Variance application shall be given
pursuant to Section 8.2.
12.4 EVALUATION OF VARIANCE APPLICATION
12.4.1 Floodplain permit and Variance shall only be issued upon a
determination that the variance is the minimum allowance
necessary, considering the flood hazard, to afford relief from these
regulations and provided all of the following criteria are met:
12.4.1.1 There is a good and sufficient cause. Financial
hardship is not a good and sufficient cause;
12.4.1.2 Failure to grant the variance would result in
exceptional hardship to the applicant;
12.4.1.3 Residential and nonresidential buildings are not in
the Floodway except for alterations or substantial
improvement to existing buildings. Residential
dwellings including basements and attached
garages do not have the lowest floor elevation
below the Base Flood Elevation;
12.4.1.4 Any enclosure including a crawl space must meet
the requirements of Section 10.2.14, Wet Flood
Proofing if the enclosure interior grade is at or
below the Base Flood Elevation;
12.4.1.5 Granting of a variance will not result in increased
flood heights to existing buildings, additional threats
to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of
the public, or conflict with other existing local laws
or ordinances;
12.4.1.6 The proposed use is adequately flood proofed;
12.4.1.7 The variance is the minimum necessary, considering
the flood hazard, to afford relief;
12.4.1.8 Reasonable alternative locations are not available;
12.4.1.9 An encroachment does not cause an increase to the
Base Flood Elevation that is beyond that allowed in
these regulations; and
12.4.1.10 All other criteria for a Floodplain permit besides the
specific development standard requested by
variance are met.
12.4.2 An exception to the variance criteria may be allowed as follows:
12.4.2.1 For either new construction of a structure outside of
the Floodway only or for substantial improvements
or an alteration of a structure, on a lot of one-half
acres or less that is contiguous to and surrounded
by lots with existing structures constructed below
the Base Flood Elevation; or
12.4.2.2 For Historic Structures—variances may be issued for
the repair or rehabilitation of historic structures
upon a determination that the proposed repair or
rehabilitation will not preclude the structure's
continued designation as a historic structure and
the variance is the minimum relief necessary to
preserve the historic character and design of the
structure. The historic nature of the building must
be designated as a preliminary or historic structure
by U.S. Secretary of Interior or an approved state or
local government historic preservation program.
12.5 DECISION
12.5.1 The City Council shall:
12.5.1.1 Evaluate the Floodplain permit application and
Variance application using the criteria in Section
12.4, and the application requirements and
minimum development standards in Section 9 and
10;
12.5.1.2 Make findings, and approve, conditionally approve
or deny a Floodplain permit and variance within 180
days of a complete application.
12.5.1.3 If approved, attach conditions to the approval of
Floodplain permit and Variance including a project
completion date and inspections during and after
construction.
12.5.1.4 Notify the applicant that the issuance of a
Floodplain permit and Variance to construct a
structure not meeting the minimum building
requirements in these regulations may result in
increased premium rates for flood insurance and
that flood insurance premiums are determined by
actuarial risk and will not be modified by the
granting of a variance.
12.5.1.5 Submit to the Floodplain Administrator a record of
all actions involving a Floodplain permit and
variance, including the findings and decision and
send a copy of each variance granted to DNRC.
12.6 JUDICIAL REVIEW
Any person or persons aggrieved by the Floodplain permit and variance decision may appeal such
decision in a court of competent jurisdiction.:
SECTION 13 ADMINISTRATIVE APPEALS
13.1 GENERAL
An administrative appeal may be brought before the City Council for review of the Floodplain
Administrator's order, decision to grant, condition or deny a floodplain permit or interpretation
of the Regulated Flood Hazard Area boundary.
13.2 APPEALS REQUIREMENTS
The following provisions apply to administrative appeals:
13.2.1 An appeal shall include the basis of the appeal and supporting
information including specific findings and conclusions of the
Floodplain Administrator's decision being appealed;
13.2.2 An appeal may be submitted by an applicant and/or anyone who
may be aggrieved by the Floodplain Administrator's decision or
order;
13.2.3 Appeals must be received within 30 days of the date of the decision
or order of the Floodplain Administrator; and
13.2.4 Additional information specific to the appeal request may be
requested by the review panel.
13.3 NOTICE AND NEARING
13.3.1 Notice of the pending appeal and hearing shall be provided
pursuant to Section 8.2. The Floodplain Administrator may notify
DNRC and FEMA of pending appeals.
13.3.1 A public hearing on the appeal must be held within 30 days of the
Notice unless set otherwise.
13.4 DECISION
A judgment on an appeal shall be made within 30 days of the hearing unless set otherwise. The
decision may affirm, modify, or overturn the Floodplain Administrator's decision. A decision on
an appeal of a permit cannot grant or issue a variance. A decision may support, reverse or
remand an order or determination of a boundary of the Regulated Flood Hazard Area by the
Floodplain Administrator.
13.5 JUDICIAL REVIEW
Any person or persons aggrieved by the decision on an administrative appeal may appeal such
decision in a court of competent jurisdiction.
SECTION 14 ENFORCEMENT
14.1 INVESTIGATION REQUEST
An investigation to determine compliance with these regulations for an artificial obstruction or
nonconforming use within the Regulated Flood Hazard Area may be made either on the initiative
of the Floodplain Administrator or on the written request of three titleholders of land which may
be affected by the activity. The names and addresses of the persons requesting the investigation
shall be released if requested.
14.2 NOTICE TO ENTER AND INVESTIGATE LANDS OR WATERS
The Floodplain Administrator may make reasonable entry upon any lands and waters for the
purpose of making an investigation, inspection or survey to verify compliance with these
regulations.
14.2.1 The Floodplain Administrator shall provide notice of entry by mail,
electronic mail, phone call, or personal delivery to the owner,
owner's agent, lessee, or lessee's agent whose lands will be
entered.
14.2.2 If none of these persons can be found, the Floodplain Administrator
shall affix a copy of the notice to one or more conspicuous places
on the property.
14.3 NOTICE TO RESPOND AND ORDER TO TAKE CORRECTIVE ACTION
When the Floodplain Administrator determines that a violation may have occurred, the
Floodplain Administrator may issue written notice to the owner or an agent of the owner, either
personally or by certified mail. Such notice shall cite the regulatory offense and include an order
to take corrective action within a reasonable time or to respond by requesting an administrative
review by the Floodplain Administrator. 14.4
14.4 ADMINISTRATIVE REVIEW
The order to take corrective action is final, unless within five (5) working days or any granted
extension, after the order is received, the owner submits a written request for an administrative
review by the Floodplain Administrator. A request for an administrative review does not stay the
order.
14.5 APPEAL OF ADMINISTRATIVE DECISION
Within ten (10) working days or any granted extension of receipt of the Floodplain
Administrator's decision concluding the administrative review, the property owner or owner's
agent may appeal the decision pursuant to Section 13.
14.6 FAILURE TO COMPLY WITH ORDER TO TAKE CORRECTIVE ACTION
If the owner fails to comply with the order for corrective action, remedies may include
administrative or legal actions, or penalties through court.
14.7 OTHER REMEDIES
This section does not prevent efforts to obtain voluntary compliance through warning,
conference, or any other appropriate means. Action under this part shall not bar enforcement
of these regulations by injunction or other appropriate remedy.
SECTION 15 PENALTIES
15.1 MISDEMEANOR
Violation of the provisions of these regulations or failure to comply with any of the requirements,
including failure to obtain permit approval prior to development in the Regulated Flood Hazard
Area except for an emergency, shall constitute a misdemeanor and may be treated as a public
nuisance.
Any person who violates these regulations or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $100 or imprisoned for not more than 10 days
or both. Each day's continuance of a violation shall be deemed a separate and distinct offense.
15.2 DECLARATION TO THE FEDERAL FLOOD INSURANCE ADMINISTRATOR
Upon finding of a violation and failure of the owner to take corrective action as ordered, the
Floodplain Administrator may submit notice and request a 1316 Violation Declaration to the
Federal Insurance Administrator. The Federal Insurance Administrator has the authority to deny
new and renewal flood insurance for a structure upon finding a valid violation declaration.
The Floodplain Administrator shall provide the Federal Insurance Administrator the following:
15.2.1 The name(s) of the property owner(s) and address or legal
description of the property sufficient to confirm its identity and
location;
15.2.2 A clear and unequivocal declaration that the property is in violation
of a cited State or local law, regulation or ordinance;
15.2.3 A clear statement that the public body making the declaration has
authority to do so and a citation to that authority;
15.2.4 Evidence that the property owner has been provided notice of the
violation and the prospective denial of insurance; and
15.2.5 A clear statement that the declaration is being submitted pursuant
to Section 1316 of the National Flood Insurance Act of 1968, as
amended.
15.3 NOTICE AND HEARING
15.3.1 Notice of the pending appeal and hearing shall be provided
pursuant to Section 8.2. The Floodplain Administrator may notify
DNRC and FEMA of pending appeals.
15.3.2 A public hearing on the appeal must be held within 30 days of the
Notice unless set otherwise.
15.4 DECISION
A judgment on an appeal shall be made within 30 days of the hearing unless set otherwise. The
decision may affirm, modify, or overturn the Floodplain Administrator's decision. A decision on
an appeal of a permit cannot grant or issue a variance. A decision may support, reverse or
remand an order or determination of a boundary of the Regulated Flood Hazard Area by the
Floodplain Administrator.
15.5 JUDICIAL REVIEW
Any person or persons aggrieved by the decision on an administrative appeal may appeal such
decision in a court of competent jurisdiction.