E3. Ordinance 1874, Floodplain update-2nd ReadingCITY OF
KALISPELL
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: Rachel Ezell, Planner
SUBJECT: Kalispell Floodplain Management Ordinance Update
Second Reading Ordinance 1874
MEETING DATE: April 4, 2022
BACKGROUND: The City of Kalispell is required to comply with the Montana Floodplain and
Floodway Management Act (Title 76, Chapter 5 MCA) to ensure compliance with its requirements in
order to continue participation in the National Flood Insurance Program. The existing Floodplain
Management Ordinance (Ordinance No. 1761) was based on the 2014 Department of Natural
Resources and Conservation (DNRC) model floodplain regulations. In 2021, the DNRC issued a
revision to the 2014 model regulations which includes new and modified definitions, language to
clarify confusing provisions, and revisions with regard to mandatory aspects of Federal and Montana
law and policy. In addition to these changes, the proposed Floodplain Management Ordinance
includes FIRM Panel 30029CI800J to the list of FIRM panels within city limits as a result of
annexation since the last revision of the City of Kalispell Floodplain Management Ordinance in 2015.
The Kalispell City Council, at their meeting on March 21, 2022, approved the first reading of
Ordinance 1874 unanimously.
RECOMMENDATION: It is recommended that the Kalispell City Council adopt Ordinance 1874,
an ordinance repealing ordinance 1671, codified as Chapter 10A Kalispell City Code, and replacing
said ordinance with the City of Kalispell Floodplain Ordinance in compliance with M.C.A. 76-5-101
through 76-5-406, declaring an effective date, and authorizing the City Attorney to codify the same.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request. Denial of the proposed Floodplain Management Ordinance
updates could result in the city's removal from the National Flood Insurance Program, which would
severely impact any federally backed mortgages for homeowners and potential homeowners in the
city.
ATTACHMENTS: City of Kalispell Floodplain Management Ordinance with Exhibit A
FIRM Panel 30029C 1800J
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1874
AN ORDINANCE REPEALING ORDINANCE NO. 1761, CODIFIED AS CHAPTER 10A
KALISPELL CITY CODE, AND REPLACING SAID ORDINANCE WITH THE CITY
OF KALISPELL FLOODPLAIN ORDINANCE IN COMPLIANCE WITH M.C.A. 76-5-
101 THROUGH 76-5-406, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING
THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, the flood hazard areas of the City of Kalispell are subject to periodic inundation,
which results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, and extraordinary public expenditures for
flood protection and relief, all of which adversely affect the public health, safety,
and general welfare; and
WHEREAS, these flood losses are created by the cumulative effect of obstructions in
floodplains which cause an increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to floods and hazardous to
other lands because they are inadequately elevated, flood proofed or otherwise
protected from flood damage; and
WHEREAS, it is the purpose of this ordinance to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
(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 blight areas; and
(7) Ensure that potential buyers are notified that property is in a flood area;
and
WHEREAS, in order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of
floodwaters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters, or which may increase flood hazards to
other lands; and
WHEREAS, this Ordinance should be enacted in order to comply with the Montana Floodplain
and Floodway Management Act (Title 76, Chapter 5 MCA) and to ensure
compliance with the requirements for the continued participation by the City of
Kalispell in the National Flood Insurance Program. Land -use regulations which
are hereby adopted are to be applied to all identified 100-year floodplains within
the local jurisdiction; and
WHEREAS, municipalities have authority to adopt ordinances as provided for in Section 7-1-
4123, MCA to promote the general public health and welfare. Other authority for
municipalities and counties to adopt floodplain management regulations appears
in Section 76-5-101 through 406, MCA.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. These regulations, attached hereto as Exhibit "A" and thereby made a part
hereof, shall be known and cited as the City of Kalispell Floodplain
Ordinance. These regulations are in accordance with and exercising the
authority of laws of the State of Montana, Chapter 5, Floodplain and
Floodway Management, 76-5-101 through 76-5-406, Montana Code
Annotated and following the guidance of the Code of Federal Regulations
administered by the Federal Emergency Management Agency (FEMA).
SECTION 2. Ordinance 1761, Codified as Kalispell City Code 10A, is hereby repealed.
SECTION 3. This Ordinance shall be effective thirty (30) days from and after
the date of its final passage and approval.
SECTION 4. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 4TH DAY OF APRIL. 2022.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
CITY OF KALISPELL
FLOODPLAIN MANAGEMENT
ORDINANCE EXHIBIT A
Based on the 2014 DNRC Model Floodplain Regulations
Updated May 21, 2021
For further information contact:
Kalispell Planning Department
201 First Avenue East
Kalispell, Montana 59901
Telephone: (406)758-7940
Email: planning@kalispell.com
Table of Contents
SECTION 1. TITLE, PURPOSE, AUTHORITY AND GENERALPROVISIONS ..................3
1.1
Floodplain Hazard Management Regulations.....................................................3
1.2
Statutory Authority............................................................................................... 3
1.3
Findings Of Fact....................................................................................................3
1.4
Purpose.................................................................................................................3
1.5
Methods To Reduce Losses.................................................................................4
1.6
Regulated Area......................................................................................................4
1.7
Floodplain Administrator.....................................................................................5
1.8
Compliance...........................................................................................................5
1.9
Abrogation And Greater Responsibility..............................................................5
1.10
Regulation Interpretation.....................................................................................5
1.11
Warning And Disclaimer Of Liability...................................................................5
1.12
Severability............................................................................................................5
1.13
Disclosure Provision............................................................................................5
1.14
Amendment Of Regulations.................................................................................6
1.15
Public Records......................................................................................................6
1.16
Subdivision Review..............................................................................................6
1.17
Disaster Recovery.................................................................................................6
SECTION 2. DEFINITIONS.................................................................................................8
SECTION 3. FORMS AND FEES......................................................................................14
3.1 Forms...................................................................................................................14
3.2 Fees......................................................................................................................14
SECTION 4. REGULATED FLOOD HAZARD AREA......................................................15
4.1 Regulated Flood Hazard Areas..........................................................................15
4.2 Interpretation Of Regulated Flood Hazard Area Boundaries ..........................15
4.3 Alteration Of Regulated Flood Hazard Area.....................................................16
SECTION 5. USES ALLOWED WITHOUT A PERMITWITHIN THE REGULATED FLOOD
HAZARDAREA.................................................................................................................19
5.1 General................................................................................................................19
5.2 Open Space Uses................................................................................................19
SECTION 6. PROHIBITED USES, ACTIVITIES ANDSTRUCTURES WITHIN THE
REGULATED FLOOD HAZARD AREA............................................................................21
6.1 Floodway............................................................................................................. 21
6.2 Flood Fringe Or Regulated Flood Hazard Area Without A Floodway.............21
SECTION 7. FLOODPLAIN PERMIT APPLICATION REQUIREMENTS ..........................23
7.1 General................................................................................................................23
7.2 Required Floodplain Permit Application Information......................................23
SECTION 8. FLOODPLAIN PERMIT APPLICATION EVALUATION.................................25
8.1 Floodplain Permit Application Review..............................................................25
8.2 Notice Requirements For Floodplain Permit Applications..............................25
8.3 Floodplain Permit Criteria..................................................................................26
8.4 Decision...............................................................................................................26
8.5 Floodplain Permit Conditions And Requirements...........................................27
SECTION 9. DEVELOPMENT REQUIREMENTS IN THEFLOODWAY ...........................28
9.1
Uses Requiring Permits.....................................................................................28
9.2
General Requirements........................................................................................28
9.3
Mining Of Material Requiring Excavation From Pits Or Pools ........................29
9.4
Railroad, Highway And Street Stream Crossings............................................29
9.5
Limited Filling For Road And Railroad Embankments....................................30
9.6
Buried Or Suspended Utility Transmission Lines............................................30
9.7
Storage Of Materials And Equipment................................................................30
9.8
Domestic Water Supply Wells............................................................................31
9.9
Buried And Sealed Vaults For Sewage Disposal In Campgrounds And
Recreational Areas.......................................................................................................
31
9.10
Public And Private Campgrounds.....................................................................31
9.11
Structures Accessory Or Appurtenant.............................................................32
9.12
Construction Of Or Modifications To Surface Water Diversions ....................32
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 In The Floodway .........34
SECTION 10. DEVELOPMENT REQUIREMENTS INTHE FLOOD FRINGE OR
REGULATED FLOOD HAZARD AREA WITH NO FLOODWAY......................................35
10.1 Uses Requiring Permits......................................................................................35
10.2 General Requirements........................................................................................35
10.3 Residential Building, Exceptions Or Additional Requirements .....................40
10.4 Non -Residential Building, Exceptions Or Additional Requirements..............40
SECTION 11. EMERGENCIES..........................................................................................42
11.1 General................................................................................................................42
11.2 Emergency Notification and Application Requirements..................................42
SECTION 12. VARIANCES...............................................................................................43
12.1 General................................................................................................................43
12.2 Variance Application Requirements..................................................................43
12.3 Notice Requirements For Floodplain Variance Application ............................43
12.4 Evaluation Of Variance Application...................................................................43
12.5 Decision...............................................................................................................44
12.6 Judicial Review...................................................................................................45
SECTION 13. ADMINISTRATIVE APPEALS....................................................................46
13.1 General................................................................................................................46
13.2 Appeals Requirements.......................................................................................46
13.3 Notice And Hearing.............................................................................................46
13.4 Decision...............................................................................................................46
13.5 Judicial Review...................................................................................................46
SECTION 14. ENFORCEMENT........................................................................................47
14.1 Investigation Request.........................................................................................47
14.2 Notice To Enter And Investigate Lands Or Waters..........................................47
14.3 Notice To Respond And Order To Take Corrective Action .............................47
14.4 Administrative Review.......................................................................................47
14.5 Appeal Of Administrative Decision . .................................................................. 47
14.6 Failure To Comply With Order To Take Corrective Action..............................47
14.7 Other Remedies..................................................................................................47
SECTION 15. PENALTIES................................................................................................49
15.1 Misdemeanor.......................................................................................................49
15.2 Declaration To The Federal Flood Insurance Administrator ...........................49
K
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. Floodplain and Floodway Management is incorporated in Montana Code
Annotated (MCA) Title 76, 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.
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. 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.
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. (76-5-302, MCA,
ARM 36.15.202, 44 CFR60.1(b), 42USC 4022)
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. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business and public service interruptions;
0
5. Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges;
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
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. 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;
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;
3. Regulate the alteration of natural floodplains, stream channels, and natural
protective barriers which are needed to accommodate floodwaters;
4. Regulate filling, grading, dredging and other development which may increase
flood damage;
5. Prevent or regulate the construction of flood barriers which will impact other land,
flood water depth or velocity of floodwaters;
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;
7. Apply more restrictive land use regulations within the floodway of the Regulated
Flood Hazard Area; and
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
76-5-201 et.seq. The maps and accompanying study become the Regulated Flood
CI
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
Planning Department. 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. ((44 CFR 59.22(b)(1)) (ARM 36.15.204(2)(h))
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. (44 CFR 60.1(d))
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. (44 CFR 60.1)
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
67
Regulated Flood Hazard Area and the repository for Floodplain maps is available in the
Floodplain Administrator's office. (ARM 36.15.204(2)(g))
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. (44 CFR 60.3(b)(5)(iii) &
44 CFR 59.22 (a)(9)(iii))
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:
The Base Flood Elevations and boundary of the Regulated Flood Hazard area
must be determined and considered during lot layout and building location
design;
2. Locations for future structures and development must be reasonably safe from
flooding; (44CFR 60.3(a)(4))
3. Adequate surface water drainage must be provided to reduce exposure to flood
hazards; (44 CFR 60.3 (a)(4)(iii))
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 (44
CFR 60.3(a)(4)(ii))
5. Floodplain permits must be obtained according to these regulations before
development occurs that is within the Regulated Flood Hazard Area. (44 CFR
60.3(b))
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. ((MCA 76-5-404(3)(b) (ARM 36.15.702) (44 CFR 60.3(c)(2 and 3))
rl
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. (ARM 36.15.101(2))
Appurtenant Structure — A structure in which the use is incidental or accessory to the
use of a principal structure. (44 CFR 59.1)
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. (ARM 36.15.101(3) & MCA 76-5-103(1))
Base Flood (Flood of 100 Year Frequency) - A flood having a one percent (1 %)
chance of being equaled or exceeded in any given year (ARM 36.15.101(4) & (44 CFR
59.1)
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. (ARM 36.15.101(5))
Basement — Any area of a building, except a crawl space, as having its lowest floor
below ground level on all sides. (44 CFR 59.1) (NFIP Insurance Manual, Rev. May
2013)
Building — A walled and roofed structure, including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home. (44 CFR 59.1)
Channel — The geographical area within either the natural or artificial banks of a
watercourse or drain way. (MCA 76-5-103(2))
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.
E:3
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. (44 CFR59.1)
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. (NFIP
Insurance Manual, Rev. May 2013)
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. (MCA 76-5-103(7) (ARM
36.15.101(9))
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. (MCA 76-5-404(3))
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. (ARM 36.15.101(10))
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. (MCA 76-5-103(9)) (44 CFR 59.1)
Flood Insurance Rate Map (FIRM) — Official map of a community on which FEMA has
delineated the Special Flood Hazard Areas (SFHAs), the Base Flood Elevations (BFEs),
and the risk premium zones applicable to the community.
Flood Insurance Study (FIS) — A compilation and presentation of flood risk data for
specific watercourses, lakes, and coastal flood hazard areas within a community. When
a flood study is completed for the NFIP, the information and maps are assembled into
an FIS. The FIS report contains detailed flood elevation data in flood profiles and data
01
tables.
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. (MCA 76-5-103(11)) (MCA 76-5-103(5))
Floodplain Administrator— Community official or representative appointed to
administer and implement the provisions of this ordinance.
Floodplain Permit — the permit issued by the Floodplain Administrator that confirms a
proposed Development, New Construction, Alteration or Substantial Improvement in
the Regulated Flood Hazard Area is designed to comply with the requirements of
these regulations.
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. ((44 CFR 59.1)
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 Floodway (LOMR-FW) — A letter of determination from
`]
FEMA issued in response to a request that a property or Structure mapped as
being within the Floodway is not subject to the mandatory flood insurance
requirement because it was inadvertently located in the effective FEMA Special
Flood Hazard Area.
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.
((ARM 36.15.101(14)) (44 CFR 59.1))
Maintenance — Customary and historical cleaning and removal of silts, branches,
trees, sticks and other debris as well as minor repair or restoration of an Existing
Structure or Artificial Obstruction to the size, shape, position and height it had
immediately prior to its deterioration or destruction. Maintenance does not include
changing the use of a property or Artificial Obstruction.
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. (44 CFR 59.1)
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. (ARM 36.15.101(15))
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. (ARM 36.15.101(20)) (44 CFR 59.1)
11
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. (44 CFR 59.1)
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. (MCA 76-5-103(13))
Person — Includes any individual, or group of individuals, corporation, partnership,
association or any other entity, including State and local governments and agencies. (44
CFR 59.1)
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. (44
CFR 59.1)
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. (MCA 76-5-103(4)), (MCA 76-5-103(10), (ARM 36-15-101(11))
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. (ARM 36.15.101(18))
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
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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. (44 CFR 59.1)
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;
1. Substantial improvement is considered to occur when the first construction of any
wall, ceiling, floor or other structural part of the building commences;
2. The term does not include:
1. Any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions; or
2. Any alteration of a structure listed on the national register of historic places or
state inventory of historic places. (ARM 36.15.101(21)) (44 CFR 59.1))
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. (ARM 36.15.101(22))
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. (ARM
36.15.101(23))
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. (44 CFR 59.1)
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SECTION 3. FORMS AND FEES
3.1 Forms The following forms may be required by the Floodplain Administrator:
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.
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. 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.
4. Floodplain Appeal Notice Form— A form submitted by the Applicant or an
aggrieved party to initiate the appeal process described in Section 13.
5. Floodplain Emergency Notification Form— A written notification form required
pursuant to Section 11 of these regulations.
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. (ARM
36.15.204(3)(b)). Fees for the City of Kalispell are adopted by City Council through a
separate ordinance/resolution.
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SECTION 4. REGULATED FLOOD HAZARD AREA
4.1 REGULATED FLOOD HAZARD AREAS
1. The Regulated Flood Hazard Areas are the 100-year floodplains illustrated and
referenced in the following specific studies and reports described as follows:
1. Flood Insurance Study for Flathead County Montana and Incorporated
Areas, dated November 4, 2015
2. Flood Insurance Rate Maps:
30029C1415J, effective date November 4, 2015
30029C1420J, effective date November 4, 2015
30029C1800J, effective date November 4, 2015
30029C1805J, effective date November 4, 2015
30029C1810J, effective date November 4, 2015
30029C1815J, effective date November 4, 2015
30029C1820J, effective date November 4, 2015
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 76-5-201 et.seq., MCA.
3. The Floodplain Administrator may obtain, review, and reasonably use any
Base Flood Elevation or Floodway data available from a Federal, State, or
other reliable source to administer and enforce these Regulations when such
data is not available from the Federal Emergency Management Agency, as
may be the case with areas designated as Zone A on the FIRMs.
4. 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
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. Base Flood Elevations and other
supporting documentation in the flood study, if such documentation exists,
take precedence over any map illustrations. Requirements for determining the
exact boundaries of the Regulated Flood Hazard Area and Floodway are
provided below.
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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.
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. (ARM 36.15.501(6))
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.
5. The Floodplain Administrator may require an applicant to provide additional
information described belowto determine whether or not the proposed Artificial
Obstruction or Development is within the Regulated Flood Hazard Area:
Where Base Flood Elevations exist, the property owner and/or applicant may
provide additional information which may include elevation information
provided by anengineer or land surveyor in order to determine if the proposed
development is subject to these regulations. (ARM 36.15.501(6))
2. Where Base Flood Elevations do not exist, the property owner and/or
applicant 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.
3. The Floodplain Administrator's interpretation of the boundaries and decision
may be appealed as set forth in Section 13.
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
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; (ARM
36.15.505)
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;
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;
(ARM 36.15.505(1)(a)) (44 CFR 65.3)
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.
5. To propose an alteration a petition must be submitted to DNRC and must
include the following information:
Certification that no buildings are located in the areas which would be
impacted by the increased Base Flood Elevation; (44 CFR 65.12(a)(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; (44 CFR 65.12(a)(3))
3. Information that demonstrates that alternatives are not feasible; (44
CFR 65.12(2))
4. Information that demonstrates that development is for a public use or
benefit; and
5. Any other supporting information and data as needed for approvals.
((ARM 36.15.505) (44 CFR 60.3(c)(10)) (44 CFR 60.3(d)(3)) (44 CFR 65.7(3))
(44 CFR 65.12))
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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;
FOR INFORMATIONAL PURPOSES ONLY
Once DNRC approves an Alteration and the community amends the
Regulated Flood Hazard Area, the community is then required per
agreement between the community and FEMA to obtain approval by
CLOMR from FEMA before there is any physical change to the Special
Flood Hazard Area. (44 CFR 59.21, 44 CFR 65.12)
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; and
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. (ARM 36.15.505(2))
9. A floodplain permit implementing the physical change cannot be approved
until a CLOMR has been issued by FEMA.
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SECTION 5. USES ALLOWED WITHOUT A PERMIT
WITHIN THE REGULATED FLOOD HAZARD AREA
5.1 - GENERAL Within the Regulated Flood Hazard Area established by these
Regulations, there are Existing Artificial Obstructions and uses that were lawful prior to
the adoption or amendment of these Regulations, but no longer conform to the present
requirements of these Regulations. It is the intent of these Regulations to allow such
Artificial Obstructions and nonconforming uses to remain in the state and location to
which they existed at the time of adoption or amendment of these Regulations without
need for 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. (MCA 76-5-404(3)
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: ((ARM 36.15.601) (ARM
36.15.701)(1) (MCA 76-5-401) (MCA 76-5-404(3))
1. Agricultural uses, not including related structures, such as tilling, farming,
irrigation, ranching, harvesting, grazing, etc; ((ARM 36.15.601(1)(a)) (MCA 76-5-
401(1)))
2. Accessory uses, not including structures, such as loading and parking areas, or
emergency landing strips associated with industrial or commercial facilities;
((ARM 36.15.601(1)(b)) (MCA 76-5-401(2)))
3. Forestry, including processing of forest products with portable equipment; ((ARM
36.15.601(1)(d)) (MCA 76-5-401(4)))
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; (44
C F R 60.3(c)(14))
5. Residential uses such as lawns, gardens, parking areas, and play areas; ((ARM
36.15.601(1)(e)) (MCA 76-5-401(5)))
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; (MCA 76-5-
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404(3)(b))
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; (ARM 36.15.601(a)(c)) (MCA 76-5-401))
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; (ARM 36.15.601(2)(b)) (MCA 76-5-401))
9. Addition of highway guard rail, signing and utility poles that have a low impact to
the flow of water along an existing roadway.
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. ((ARM 36.15.601(2)(a)) (MCA 76-5-401) (ARM 36.21.647))
Wel
SECTION 6. PROHIBITED USES, ACTIVITIES AND
STRUCTURES WITHIN THE REGULATED FLOOD
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: (MCA 76-5-404(3))
1. A building for residential or non-residential purposes; (MCA 76-5-403(1), (ARM
36.15.605)(1a)), (ARM 36.15.605(2b), (ARM 36.15.605(2)(a)).
2. An artificial obstruction (e.g. structure, fill, etc.) or excavation that would cause
water to be diverted from theFloodway, 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
subject to floodplain permit approval when it is a component to a permitted
use allowed in these regulations and complies with all applicable
requirements of these regulations; (MCA 76-5-403(2)).
3. The construction or storage of an object (artificial obstruction) subject to flotation
or movement during flood level periods; (MCA 76-5-403(3) and ARM
36.15.605(1)(c))
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; ((ARM 36-15-605(2c)) (44 CFR 60.3(a)(3)))
5. Storage of toxic, flammable, hazardous or explosive materials; and (ARM
36.15.605(2d))
6. Cemeteries, mausoleums, or any other burial grounds.
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:
(MCA 76-5-404(3))
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; ((ARM 36-15-703(1)) (44 CFR60.3(a)(3)))
21
2. Storage of toxic, flammable, hazardous or explosive materials; (ARM 36-15-
703(2))
3. The construction or storage of an artificial obstruction subject to flotation or
movement during flood level periods; and
4. Cemeteries, mausoleums, or any other burial grounds.
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SECTION 7. FLOODPLAIN PERMIT APPLICATION
REQUIREMENTS
7_1 GENERAL
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; ((44 CFR 60.1) (MCA 76-5-404) (ARM
36.15.204(2)(a)))
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;
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; (MCA 76-5-404(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; ((MCA 76-5-404(3)(b)) (ARM
36.15.204(2)(a)))
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
6. Maintenance of an existing artificial obstruction or use that is a substantial
improvement or an alteration requires a Floodplain permit. (MCA 76-5-
404(3)(b))
7_2 REQUIRED FLOODPLAIN PERMIT APPLICATION INFORMATION
1. A Floodplain permit application shall include, but is not limited to the following:
1. A completed and signed Floodplain Permit Application;
2. The required review fee;
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
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Regulated Flood Hazard Areas and if applicable the Floodway boundary;
((MCA 76-5-405) (ARM 36.15.216))
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 (44
CFR 60.3(a)(2))
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. ((MCA 76-5-405) (ARM 36.15.216))
6. A certified list of property owners for all properties adjacent to the subject
property.
SECTION 8. FLOODPLAIN PERMIT APPLICATION
EVALUATION
8. 1 FLOODPLAIN PERMIT APPLICATION REVIEW
The Floodplain Administrator shall review and evaluate the Floodplain permit
application and shall approve, approve with conditions, or deny the application
within 60 days of receipt of a correct and complete application. (MCA 76-5-
405(2))
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.
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.
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.
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.
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:
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:
1. Publish the notice at least once in a newspaper of general circulation in the
area; (ARM 36.15.204(2)(c))
PI&I
2. Serve notice by first-class mail upon adjacent property owners; (ARM
36.15.204(2)(c))
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
4. Prior to any alteration or relocation of a watercourse in the Regulated Flood
Hazard Area, additionally provide notice to FEMA and adjacent communities.
(44 CFR 60.3 (b)(6))
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. (ARM
36.15.204(2)(c))
8.3 FLOODPLAIN PERMIT CRITERIA
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. ((MCA 76-5-406) (44 CFR 60.3))
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.
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.(44 CFR 60.3(a)(2)
8_4 DECISION
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 60 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. ((MCA 76-5-
405(2)) (ARM 36.15.204(2)(e))
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. (MCA 76-5-108)
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8.5 FLOODPLAIN PERMIT CONDITIONS AND REQUIREMENTS
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:
1. The Floodplain permit will become valid when all other necessary permits
required by Federal or State law are in place;(44 CFR 60.3(a)(2)
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;
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; (ARM
36.15.204(2)(g))
4. The applicant shall maintain the artificial obstruction or use to comply with the
conditions and specifications of the permit;
5. The applicant shall allow the Floodplain Administrator to perform on site
inspections at select intervals during construction or completion;
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;
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. 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
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. (44 CFR 65.3)
PAN
SECTION 9. DEVELOPMENT REQUIREMENTS IN THE
F LOO DWAY
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:
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;
2. All projects shall assure that the carrying capacity of the Floodway is not
reduced. All projects in the Floodway shall meet the following:
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
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. ((ARM 36.15.604) (ARM 36.15.505) (ARM
36.15.605(b)) (44 CFR 60.3(a)(3 and 4)) (44CFR 65.12(a))
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:
The danger to life and property due to backwater or diverted flow caused by
the obstruction or use; ((MCA 76-5-406(1)) (ARM 36.15.216(2)(a)))
2. The danger that the obstruction or use may be swept downstream to the injury
of others; ((MCA 76-5-406(2)) (ARM 36.15.216(2)(b)))
3. The availability of alternative locations; ((MCA 76-5-406(3)) (ARM
36.15.216(2)(c))
f►1:3
4. Construct or alter the obstruction or use in such manner as to lessen the
flooding danger; ((MCA 76-5-406(4)) (ARM 36.15.216(2)(d)))
5. The permanence of the obstruction or use and is reasonably safe from
flooding; ((MCA 76-5-406(5) (ARM 36.15.216(2e)))
6. The anticipated development in the foreseeable future of the area which may
be affected by the obstruction or use; ((MCA 76-5-406(6)) (ARM
36.15.216(2f)))
7. Relevant and related permits for the project have been obtained; (44 CFR
60.3(a)(2))
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; and ((MCA 76-5-406(7))
(ARM 36.15.216(2)(g)))
9. The safety of access to property in times of flooding for ordinary and
emergency services. (44CFR 60.22 (c)(7))
9.3 MINING OF MATERIAL REQUIRING EXCAVATION FROM PITS OR POOLS
provided, in addition to the requirements of Section 9.2, that:
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; (ARM 36.15.602(1)(a))
2. The excavation meets all applicable laws and regulations of other local and state
agencies; and (ARM 36.15.602(1)(b))
3. Excavated material may be processed on site but is stockpiled outside the
Floodway.(ARM 36.15.602(1)(c))
9_4 RAILROAD, HIGHWAY AND STREET STREAM CROSSINGS, including other
transportation related crossings provided, in addition to the requirements of Section 9.2,
that:
1. Crossings are designed to offer minimal obstructions to the flood flow; (ARM
36.15.602(2))
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 23CFR650A:
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
f�4%7
2. Culverts shall be designed to pass the Base Flood discharge and maintain at
least two (2) feet freeboard on the crossing surface;
3. Normal overflow channels, if possible are preserved to allow passage of
sediments to prevent aggradations; and
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, including other
transportation related embankments not associated with stream crossings and bridges
provided, in addition to the requirements of Section 9.2, that:
1. The fill is suitable fill;
2. Reasonable alternate transportation routes outside the floodway are not
available; and (ARM 36.15.602(3))
3. The encroachment is located as far from the stream channel as possible. (ARM
36.15.602(3))
9.6 BURIED OR SUSPENDED UTILITY TRANSMISSION LINES provided, in addition
to the requirements of Section 9.2, that:
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;
(ARM 36.15.602(4))
2. Towers and other appurtenant structures are designed and placed to withstand
and offer minimal obstruction to flood flows; (ARM 36.15.602(4))
3. Alternatives such as alternative routes, directional drilling, and aerial crossings
are considered when technically feasible; and
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. (ARM 36.15.602(4))
9_7 STORAGE OF MATERIALS AND EQUIPMENT provided, in addition to the
requirements of Section 9.2, that:
1. The material or equipment is not subject to major damage by flooding and is
properly anchored to prevent flotation or downstream movement; or (ARM
36.15.602(5)(a))
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.(ARM 36.15.602(5)(b))
9.8 DOMESTIC WATER SUPPLY WELLS provided, in addition to the requirements of
Section 9.2, that:
They are driven or drilled wells located on ground higher than surrounding ground
to assure positive drainage from the well; (ARM 36.15.602(6))
2. They require no other structures (e.g. a well house); (ARM 36.15.602(6))
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; ((ARM 36.15.602(6)) )
4. Water supply lines have a watertight seal where the lines enter the casing; (ARM
36.15.602(6))
5. All pumps and electrical lines and equipment are either of the submersible type or
are adequately flood proofed; and (ARM 36.15.602(6))
6. Check valves are installed on main water lines at wells and at all building entry
locations. ((44 CFR 60.3 (a)(5)) (ARM 36.15.602(6)))
9.9 BURIED 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. ((44 CFR 60.3(a)(6)) (ARM 36.15.602(7)))
9.10 PUBLIC AND PRIVATE CAMPGROUNDS provided, in addition to the
requirements of Section 9.2, that:
1. Access roads require only limited fill and do not obstruct or divert flood waters;
(ARM 36.15.602(8))
2. The project meets the accessory structures requirements in this Section;
3. No dwellings or permanent mobile homes are allowed; (ARM 36.15.602(8))
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; and (44 CFR 60.3(c)(14))
31
5. There is no large-scale clearing of riparian vegetation within 50 feet of the mean
annual high water mark.
9.11 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:
The structures are not intended for human habitation or supportive of human
habitation; (ARM 36.15.602(9))
2. The structures will have low flood damage potential; (ARM 36.15.602(9))
3. The structures will, insofar as possible, be located on ground higher than the
surrounding ground and as far from the channel as possible; (ARM 36.15.602(9))
4. The structures will be constructed and placed so as to offer a minimal obstruction
to flood flows; (ARM 36.15.602(9))
5. Only those wastewater disposal systems that are approved under health and
sanitation regulations are allowed;
6. Service facilities within these structures such as electrical, heating and plumbing
are flood proofed according to the requirements in Section 10; (ARM
36.15.602(9))
7. The structures are firmly anchored to prevent flotation; (ARM 36.15.602(9))
8. The structures do not require fill and/or substantial excavation;
9. The structures or use cannot be changed or altered without permit approval; and
10. There is no clearing of riparian vegetation within 50 feet of the mean annual high
water mark.
9.12 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:
1. Measures to minimize potential erosion from a Base Flood; and (ARM
36.15.603(3)(b))
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,
KM
velocities, impact, ice buoyancy, and uplift forces associated with the Base
Flood. ((ARM 36.15.603(3)(c) ((CFR 60.3(a)(3) (CFR 60.3(d)(3)))
9.13 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: ((CFR 60.3(a)(3) (CFR
60.3(d)(3)) (ARM 36.15.606))
1. LEVEE AND FLOODWALL construction or alteration:
1. Must be designed and constructed with suitable fill and be designed to safely
convey a Base Flood; (ARM 36.15.606(1)(a))
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; (ARM
36.15.606(2)(a))
3. Must meet state and federal levee engineering and construction standards
and be publically owned and maintained if it protects structures of more than
one landowner; and
(ARM 36.15.505(1)(c)(ii)and (iii))
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.
2. STREAM BANK STABILIZATION, PIER AND ABUTMENT PROTECTION
projects:
Must be designed and constructed using methods and materials that are the
least environmentally damaging yet 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;
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;
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 (ARM 36.15.606(1)(b))
Edc3
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.
3. CHANNELIZATION PROJECTS where the excavation and/or construction of an
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:
1. Not increase the magnitude, velocity, or elevation of the Base Flood; and
2. Meet the requirements of Section 9.13.2.
(ARM 36.15.101(7)) (ARM 36.15.606(1)(c))
4. DAMS:
1. The design and construction shall be in accordance with the Montana Dam
Safety Act and applicable safety standards; and
2. The project shall not increase flood hazards downstream either through
operational procedures or improper hydrologic/hydraulic design. (ARM
36.15.606(1)(d)
9.14 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:
1. The project will not increase velocity or erosion upstream, downstream, across
from or adjacent to the site; (ARM 36.15.606(1)(b))
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;
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
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. (MCA76-5-404(3)(b))
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.
(ARM 36.15.701(2))
10.2 GENERAL REQUIREMENTS An application for a Floodplain permit must
demonstrate or meet the following applicable requirements:
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;
2. Flood Damage Structures must be constructed by methods and practices that
minimize flood damage and structures must be reasonably safe from flooding;
((44 CFR 60.3(a)) (44 CFR 60.3(a)(3)(iii)))
3. Surface Drainage Adequate surface drainage must be provided around
structures;
4. Materials Structures must be constructed with materials resistant to flood
damage; ((44 CFR 60.3(a)) (44 CFR 60.3(a)(3)(ii))
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; (ARM
36.15.701(3)(a)) ((ARM 36.15.701(3)(b))
B&
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;(44CFR 60.3(a)(3)
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;
((ARM 36.15.606(1) (ARM 36.15.702(2)(c)) (ARM 36.15.801(3)(b)) (44 CFR 60.3(c)(3
&4)) (44 CFR 60.3 (d)(3)))
8. Access Structures must have safe access during times of flooding up to the
Base Flood for ordinary and emergency services provided there are no
reasonable alternate locations for structures;
9. Encroachment Analysis
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; ((ARM
36.15.604) (44 CFR 60.3(a)(3))
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;
((ARM 36.15.604) (ARM 36.15.505) (44 CFR 60.3(c)(13)))
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
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.
NO
10. 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:
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; (ARM 36.15.901(1)(a))
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; (ARM 36.15.901(1)(b))
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 (ARM 36.15.901(1)(c))
4. All electrical wiring systems installed below the Base Flood Elevation must be
suitable for continuous submergence and may not contain fibrous
components. (ARM 36.15.901(1)(d))
11. 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:
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; (ARM36.15.902(1)(a))
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;
(ARM36.15.902(1)(b))
3. Electrical Systems flood proofing must be met; and (ARM36.15.902(1)(c))
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.
12. Plumbing Systems Flood Proofing Plumbing systems for uses in the
Regulated Flood Hazard Area must be certified to meet the following
requirements:
WA
1. Sewer lines, except those to a buried and sealed vault, must have check
valves installed to prevent sewage backup into permitted structures; and
(ARM 36.15.903(1)(a))
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. (ARM 36.15.903(1)(b))
13. 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:
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;
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. (ARM
36.15.101(22))
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;
4. No portion of the fill is allowed within the floodway;
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; and
14. Wet Flood Proofing Building designs with an enclosure below the lowest floor
must be certified to meet the following:
1. Materials used for walls and floors are resistant to flooding to an elevation two
(2) feet or more above the Base Flood Elevation; (ARM 36.15.702(2)(a))
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:
1. Automatically allow entry and exit of floodwaters through screens, louvers,
valves, and other coverings or devices;
2. Have two (2) or more openings with a total net area of not less than one
(1) square inch for every one (1) square foot of enclosed area below the
Ec1:3
Lowest Floor, except if the enclosure is partially subgrade, a minimum of 2
openings may be provided on a single wall; and
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. (44 CFR 60.3(c)(5))
15. Dry Flood Proofing Building designs that do not allow internal flooding must
be certified according to these regulations to meet the following:
Building use must be for non-residential use only and does not include mixed
residential and non-residential use;
2. Be Flood Proofed to an elevation no lower than two (2) feet above the Base
Flood Elevation;
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
4. Be designed to withstand the hydrostatic pressures and hydrodynamic forces
resulting from the Base Flood and the effects of buoyancy.
((ARM 36.15.702(2)(b)) (44 CFR 60.3(c)(3))
16. 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; ((MCA 76-5-402(2)(b)) (44 CFR 60.3(b)(8)) (44 CFR
60.3(c)(6)))
17. 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;
18. 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:
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
061
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; and
((CFR 60.3(b)(8)) CFR 60.3(c)(6)))
19. Access Access for emergency vehicles is provided. For manufactured homes,
access for a manufactured home hauler is also provided.
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:
1. Elevation of the Lowest Floor The Lowest Floor of the building including an
attached garage or basement must be two (2) feet or more above the Base Flood
Elevation; (ARM 36.15.701(3))
2. Enclosure 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
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:
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; ((ARM 36.15.702(2) (44 CFR
60.3(c)(3)(ii) (44 CFR 60.3(c)(3) & (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;
3. Manufactured homes Manufactured homes proposed for use as non-residential
buildings cannot be dry flood proofed; and
I'M
4. Agricultural Structures The following additional requirements and exceptions from the
requirements of Section 10.4 apply to agricultural structures. Agricultural structures not
intended to be insurable, used solely for agricultural purposes, having low flood damage
potential, used exclusively in connection with production, harvesting, storage, drying, or
raising or agricultural commodities including raising of livestock and animal confinement
facilities, and not intended for human habitation:
1. Such structures may be exempted by the Floodplain Administrator from the Lowest
Flood Elevation requirements established in Section 10.4.1 provided the Lowest Floor
of the structures is elevated to at least the Base Flood Elevation or adequately dry
floodproofed in conformance with the requirements of Section 10.2.16; and
2. Such structures shall comply with the requirements of Section 9.11.
(ARM 36.15.602(9) (ARM 36.15.701(3)(e)) (ARM 36.15.702(2))
SECTION 11. EMERGENCIES
11.1 General
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. (ARM 36.15.217)
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
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.
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.
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.
11%
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. ((44 CFR 59.1) (ARM
36.15.218))
12.2 VARIANCE APPLICATION REQUIREMENTS:
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.
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.
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
A 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:
1. There is a good and sufficient cause. Financial hardship is not a good and
sufficient cause; (44 CFR 60.6(a)(3))
2. Failure to grant the variance would result in exceptional hardship to the
applicant; (44 CFR 60.3(a)(3)) & ARM 36.15.218(b))
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;
HQ
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;
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; (44 CFR 60.6 (a)(3) & (ARM
36.15.218(a))
6. The proposed use is adequately flood proofed; (ARM 36.15.218(c))
7. The variance is the minimum necessary, considering the flood hazard, to
afford relief; (44 CFR 60.6(a)(4))
8. Reasonable alternative locations are not available; (MCA 76-5-406(3) &
ARM 36.15.218(d))
9. An encroachment does not cause an increase to the Base Flood Elevation
that is beyond that allowed in these regulations; and (44 CFR 60.6(a)(1))
10. All other criteria for a Floodplain permit besides the specific development
standard requested by variance are met.
2. An exception to the variance criteria may be allowed as follows:
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 (44
CFR 60.6(a).
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. (44 CFR 60.6(a))
12.5 DECISION
1. The Board of Adjustment, shall:
1. Evaluate the Floodplain permit application and Variance application using
CEI
the criteria in Section 12.4, and the application requirements and minimum
development standards in Section 9 and 10;
2. Make findings, and approve, conditionally approve or deny a Floodplain
permit and variance within 60 days of a complete application.
3. If approved, attach conditions to the approval of Floodplain permit and
Variance including a project completion date and inspections during and
after construction.
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. (44CFR
60.6(a))
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.(44 CFR 60.6(a)(6) &
MCA 76-5-405)
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 Board of
Adjustment 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:
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;
2. An appeal may be submitted by an applicant and/or anyone who may be
aggrieved by the Floodplain Administrator's decision or order;
3. Appeals must be received within 30 days of the date of the decision or order of
the Floodplain Administrator; and
4. Additional information specific to the appeal request may be requested by the
review panel.
13.3 NOTICE AND HEARING
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.
2. 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.
U-I
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. (MCA 76-5-105)(2)
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. (MCA 76-5-105(1))
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.
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 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
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under this part shall not bar enforcement of these regulations by injunction or other
appropriate remedy.
CE:3
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. (MCA 76-5-110)
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. (44 CFR 73.3)
The Floodplain Administrator shall provide the Federal Insurance Administrator the
following:
1. The name(s) of the property owner(s) and address or legal description of the
property sufficient to confirm its identity and location;
2. A clear and unequivocal declaration that the property is in violation of a cited
State or local law, regulation or ordinance;
3. A clear statement that the public body making the declaration has authority to do
so and a citation to that authority;
4. Evidence that the property owner has been provided notice of the violation and
the prospective denial of insurance; and
5. A clear statement that the declaration is being submitted pursuant to section
1316 of the National Flood Insurance Act of 1968, as amended.
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FLOOD HAZARD INFORMATION NOTES TO USERS SCALE
SEE FlS REPORT FOR ZONE DESCRIPTIONS AND INDEX MAP
THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTING
DOCUMENTATION ARE ALSO AVAILABLE IN DIGITAL FORMAT AT
HTTP://MSC.FEMA.GOV
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With BEE or Depth zone AE. A0, An, vc, AN
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VERSION NUMBER
2.2.2.1
MAP NUMBER
30029C]8001
`_,, -- EfiECTIVF DATE
- November 04, 201.5