Ordinance 1611 - Floodplain OrdinanceORDINANCE NO, 1611
AN ORDINANCE REPEALING ORDINANCE No. 1170, CODIFIED AS CHAPTER 10A
KALISPELL CITY CODE, AND REPLACING SAID ORDINA►.NCE WITH THE CITY of
KALISPELL FLoODPLAIN ORDINANCE IN COMPLIANCE WITH M.C.A. 76-5-101
THROUGH 76-5-406 AND DECLARING AN EFFECTIVE DATE.
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) Insure 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 Foodplain management regulations appears in
Section 76-5-101 through 406, MCA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS
FOLLOWS:
SECTION 1 These regulations 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 2003 and following the guidance of the Code of Federal
Regulations administered by the Federal Emergency Management Agency (FEMA).
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 to give these
Regulations their most reasonable application.
Act — Montana Floodplain and Floodway Management Act, 76-5-101 through 406, MCA.
Alteration — Any change or addition to a structure that either increases its external dimensions
or increases its potential flood hazard.
Appeal — A request for a review of the Floodplain Administrator's interpretation of any
provisions of these regulations or a request for a variance.
Area of Shallow Flooding - A designated AO, AH, AR/AO, ARIAH, or V O zone on the Flood
Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an
average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable, and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Artificial Obstruction — Development — Any obstruction which is not natural and includes any
dam, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment,
excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body,
fill or other analogous structure or matter in, along, across, or projecting into any floodplain or
floodway 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.
Accessory Structure - A structure that is accessory to, or in addition to, any use that is
permitted in these regulations (e.g. - a picnic shelter would be accessory to a campground). An
Accessory Structure is secondary to the primary use that is permitted and complies with all
other conditions imposed by these regulations and otherwise provided for by law.
Base Flood — A flood having a one percent (1%) chance of being equaled or exceeded in any
given year. Abase flood is the same as a 100-year flood, and the terms are used
interchangeably.
Base Flood Elevation (BFE) —The elevation above sea level of the base flood in relation to the
North American Vertical Datum of 1988 (NAND 88) unless otherwise specified in the flood
hazard study. Previous FIRMs may have been published in the National Geodetic Vertical
Datum of 1929 (NGVD 29).
Basement -Any area of the building having its floor sub grade (below ground level) on all
sides.
Building — Any walled and roofed enclosure.
Channel — The geographical area within either the natural or artificial banks of a watercourse or
drain way.
Channelization Project — The excavation and/or construction of an artificial channel for the
purpose of diverting the entire flow of a stream from its established course.
Designated Floodplain — A floodplain. whose limits have been designated and established by
order of the Department of Natural Resources and Conservation, State of Montana.
Designated Floodway — A floodway whose limits have been designated and established by
order of the Department of Natural Resources and Conservation, State of Montana.
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.
Dwelling — A permanent building for human habitation, a place for living purposes.
Drain way — Any depression 2 feet or more below the surrounding land serving to give
direction to a current of water less than 9 months of the year and having a bed and well-defined
banks.
Elevated Building - for insurance purposes, a nonbasement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings,
or columns.
Erosion - the process of the gradual wearing away of land masses. This peril is not per se
covered under the Flood Insurance Program.
Establish — To construct, place, insert, or excavate.
Existing Construction -- for the purposes of determining rates, structures for which the "start of
construction" commenced on or before the effective date of the "City of Kalispell F000dplain
Ordinance." "Existing constructions' may also be referred to as "existing structures."
Existing Manufactured Home Park or Subdivision — A manufactured home park or subdivision
where the construction of facilities for servicing the manufactured home lots is completed on or
before the effective date of the "City of Kalispell F000dplain Ordinance." This includes, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads.
Expansion To An Existing Manufactured Home Park Or Subdivision - means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
FEMA (The Federal Emergency Management Agency) —The agency that manages compliance
with the National Flood Insurance Program (NFIP) and provides flood hazard studies and
maps.
FIRM — Flood Insurance Rate Map published by FEMA.
Flood — The water of any watercourse or drain way that is above the bank or outside the
channel and banks of the watercourse or drain way.
Flood of 100 Year Frequency —A flood magnitude that has a 1 % chance of occurring in any
given year commonly referred to as the base flood.
Flood Insurance Rate Map —The map on which FEMA has delineated the 100-year floodplain,
the Base Flood Elevations (BFE) and the risk premium zones.
Flood Insurance Study -- The report in which FEMA has provided flood profiles, as well as the
Flood Boundary/Floodway Map and the water surface profiles.
Floodplain — The areas subject to these regulations, generally the channel of a river or stream
and the area adjoining a river or stream, which would be covered by floodwater of a base flood
except for designated shallow flooding areas that receive less than one foot of water per
occurrence. The floodplain consists of a floodway and a floodway fringe.
Floodplain Management - the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness
plans, flood control works and flood plain management regulations.
Flood Prone Area — the area of special flood hazard as identified on the United States
Geological Survey maps.
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, HVAC systems, structures and their contents. (e.g.
elevating a furnace and/or electrical outlets within a structure two feet or more above the BFE).
Floodway —The channel of a stream and the adjacent overbank areas that must be reserved in
order to discharge a base flood without cumulatively increasing the water surface elevation
more than one-half (1/2) foot.
Floodway Fringe — The portion of the floodplain outside the limits of the floodway.
Freeboard - a factor of safety usually expressed in feet above a flood level for purposes of flood
plain management. "Freeboard" tends to compensate for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood and
floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
HAG —Highest Adjacent Grade. This is required on the Elevation Certificate showing the
elevation of the highest grade adjacent to a proposed development for flood insurance purposes.
Highest Adjacent Grade -the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
HVAC — Heating, Ventilating and Air Conditioning.
Hydraulics —The depth of water (elevation) in a drainage way, watercourse, river or stream
channel.
Hydrology — The discharge in cubic feet per second (CFS) of water in a drainage way,
watercourse, river or stream channel.
Levee — A man-made embankment, usually earthen, designed and constructed in accordance
with the sound engineering practices to contain, control, or divert the flow of water to provide
protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs
as providing Hood protection, the levee structure must meet the requirements set forth in 44
CFR 65.10.
Levee System -- A flood protection system that consists of a levee, or levees, and associated
structures, such as drainage and closure devices, which are constructed and operated in
accordance with sound engineering practices.
LAG — Lowest Adjacent Grade. This is required on the Elevation Certificate showing the
elevation of the lowest grade adjacent to a proposed development for flood insurance purposes.
Lowest Floor —the lowest floor of the lowest enclosed area (*including basement). Any floor
used for living purposes which includes working, storage, sleeping, cooking and eating, or
recreation or any combination thereof. This includes any floor that could be converted to such
a use such as a basement or crawl space. (An unfinished or flood resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area other than a basement area
is not considered a building's lowest floor). The lowest floor is a determinate for the flood
insurance premium for a building, home or business.
Manufactured Home — A structure, also referred to as a mobile home, that is transportable in
one or more sections, built on a permanent chassis, and designed to be used with or without a
permanent foundation when connected to the required utilities. This does not include
"recreational vehicles".
Manufactured Home Park or Subdivision — A parcel or contiguous parcels of land divided into
two or more manufactured home lots for rent or sale.
Mean Sea Level —The North American Vertical Datum of 1988 (NAND 88) or other datum to
which base flood elevations are referenced.
MTDEQ -Montana Department of Environmental Quality.
MTDNRC - (Montana Department of Natural Resources and Conservation) —The department
responsible for the comprehensive program for the delineation of designated floodplains and
designated floodways for each water course and drain way in the state.
NAVD 88 — North American Vertical Datum of 1.988. The official vertical datum for the
United States.
New Construction — Structures, which include, new "stick built" or "moved" on structures, for
which construction, substantial improvement, or alteration commences on or after the effective
date of the "City of Kalispell Floodplain Ordinance."
New Manufactured Home Park Or Subdivision - means 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 (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of floodplain management regulations adopted by a
community.
NFIP — National Flood Insurance Program; 44 CFR Chapter I Parts 59-79.
Official Floodplain Maps — The Flood Insurance Rate Maps (FIRMS) and Flood
Boundary/Floodway Maps adopted and provided by the FEMA and/or MTDNRC for the City
of Kalispell.
One Hundred (100) -Year Flood — A flood having a one percent (M) chance of occurring in
any given year. A 100-year flood has nearly a 23 percent chance of occurring in a 25-year
period. A 100-year flood is the same as a base flood.
Recreational Vehicle — A vehicle which is (1) built on a single chassis; (2) 400 square feet or
less when measured at the largest horizontal projections; (3) designed to be self-propelled or
permanently towable by a light duty truck; and (4) designed primarily for use as temporary
living quarters for recreation, camping, travel, or seasonal use, not for use as a permanent
dwelling.
Riverine - relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
R.iprap — Stone, rocks, concrete blocks, or analogous material that is placed along the banks or
bed of a stream to alleviate erosion.
Sheet flow area-- see "Area of Shallow Flooding".
Set Back — The amount of distance between the stream bank of the river or stream and the
proposed use, where the stream bank is the 100 year flood boundary.
Start of Construction — Commencement of clearing, grading, filling, or excavating to prepare a
site for construction. It includes substantial improvement, and means the date the building
permit was issued provided the actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main. structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
Special Flood Hazard Area -- The land in the floodplain within a community subject to
inundation by a one percent (1%) or greater chance of flooding in any given year, i.e., the 100
year floodplain.
Structure — a walled and roofed building, manufactured home, a gas or liquid storage tank,
bridge, culvert, dam, diversion, wall, revetment, dike, or other projection that may impede,
retard, or alter the pattern of flow of water.
Substantial Damage -Damage sustained by a structure where the cost of restoring the structure
to its condition before damage would equal or exceeds fifty percent (50%) of the market value
of the structure before the damage occurred.
Substantial Improvement — Any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty percent (50%) of the market value of the structure either:
(a) before the improvement or repair is started, or
(b) if the structure has been damaged, and is being restored, before the damage occurred.
For the purposes of this definition, substantial improvement is considered to occur when the
first construction to any wall, ceiling, floor, or other structural part of the building commences.
The term does not *include:
(i) 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
(ii) Any alteration of a structure listed on the national register of historic places or state
inventory of historic places.
Suitable Fill — Fill material which is stable, compacted, well graded, pervious and generally
unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps
or other organic material, and is fitting for the purpose of supporting the intended use and/or
permanent structure.
USGS — United States Geological Survey — the agency which developed the maps of the
"Flood Prone Areas".
Variance — A grant of relief from the requirements of these regulations that would permit
construction in a manner otherwise prohibited by these regulations.
Violation — The failure of a structure or other development to be fully compliant with these
regulations or the floodplain permit issued. A structure or other development without a
floodplain permit, an elevation certificate, certification by a licensed engineer or architect of
compliance with these regulations, or other evidence of compliance is presumed to be in
violation until such time as documentation is provided.
Water Surface Elevation -the height, in relation to the North American Vertical Datum of 1988
(NAND 88), (or other datum, where specified) of floods of various magnitudes and frequencies
in the floodplains of riverine areas.
SECTION 3 GENERAL PROVISIONS
3.1 JURISDICTIONAL AREA
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The ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City
of Kalispell, State of Montana.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
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The areas of special flood hazard identified by the Federal Emergency Management Agency in
the current scientific and engineering report entitled, "The Flood Insurance Study for Flathead
County, Montana, and Incorporated Areas," dated September 28, 2007, with the most effective
Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM)
dated September 28, 2007. Permits are required for all proposed construction and other
development within Special Flood Hazard Areas.
3.3 MULES FOR INTERPRETATION OF FLOODPLAIN BOUNDARIES
The boundaries of the 100-year floodway shall be determined by scaling distances on the
Official Floodplain Maps and using the floodway data table contained in the flood insurance
study report. The maps may be used as a guide for determining the 100-year Foodplain
boundary, but the exact location of the foodplain boundary shall be determined where the base
flood elevation intersects the natural ground. For unnumbered A Zone and AO zone
floodplains, where there is a conflict between a mapped foodplain boundary and actual field
conditions, the Floodplain Administrator may interpret the location of the 100-year f oodplain
boundary based on field conditions or available historical flood information. Where the
surveyed elevation provides greater elevation information than the foodplain map and
indicates that the land/structure may be determined to be out of the f oodplain, the
homeowner/landowner needs to advise the Floodplain Administrator and may submit a Letter
of Map Change (LOMC) to FEMA.
3.4 UOMPLIANCE
No land use shall be developed, and no structure shall be located, extended, converted, or
structurally altered within the 100 year floodplain without full compliance with the provisions
of these regulations and other applicable regulations. These regulations meet the minimum
requirements as set forth by the Montana Department of Natural Resources and Conservation,
and the National Flood Insurance Program.
3.5 ABROGATION AND GREATER RESPONSIBILITY
It is not intended by these regulations to repeal, abrogate, or impair any existing easements,
covenants, deed restrictions, or underlying zoning. However, where these regulations impose
greater restrictions, the provision of these regulations shall prevail.
3.6 REGULATION INTERPRETATION
In the interpretation and application of this ordinance, 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.
3.7 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare
occasions greater floods can and will occur and flood heights may be increased by man-made
or natural causes. This ordinance does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages. This
ordinance 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 this ordinance or any administrative
decision lawfully made hereunder.
3.8 SEVERABILITY
If any section, clause, sentence, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
3.9 DISCLOSURE PROVISION
All property owners or realtors and developers representing property owners in a loo-year
floodplain or floodway must notify potential buyers or their agents that such property is located
within the floodplain or floodway and is subject to regulation. Information regarding
floodplain areas or the repository for floodplain maps is available in the Floodplain
Administrator's Office.
3.10 AUTHORITY TO ENTER AND INVESTIGATE LANDS OR WATERS
The Floodplain Administrator may make reasonable entry upon any lands and waters in the
City of Kalispell for the purpose of making an investigation, inspection or survey to verify
compliance with these regulations. The Floodplain Administrator shall provide notice of entry
by mail, electronic mail, phone call, personal delivery to the owner, owner's agent, lessee, or
lessee's agent whose lands will be entered. 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 for five (5) days. If the owners do not respond, cannot be located or refuse entry
to the Floodplain Administrator, the Floodplain Administrator may only enter the property
through a Search Warrant.
An investigation of a natural or artificial obstruction or nonconforming use shall be made by
the Floodplain Administrator, either on his own initiative, or at the request of titleholders of
land abutting the watercourse or drain way involved, or on the written request of a governing
body or permitting agency.
SECTION 4 ADMINISTRATION
4.1 FLOODPLAIN ADIViINISTRATOR
The Floodplain Administrator is appointed by the City of Kalispell as the Floodplain
Administrator to administer and implement the provisions of this ordinance and other
appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood
Insurance Program Regulations) pertaining to floodplain management.
4.2 DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR,
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to,
the following:
A. Maintain and hold open for public inspection all records pertaining to the provisions of
this ordinance. where BFE data are utilized in Zone A, obtain and maintain records of
the lowest floor and floodproofing elevations for new and substantially improved
construction.
B. Review permit application to ensure that the proposed building site project, including
the placement of manufactured homes, will be reasonably safe from flooding.
C. Review floodplain permits for proposed development to assure that the applicant has
acquired all necessary permits have been obtained from those Federal, State or local
governmental agencies (including Section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. It is
the responsibility of the applicant to determine the other necessary permits.
D. where interpretation is needed as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the Floodplain Administrator shall make
the necessary interpretation.
E. Notify, in riverine situations, adjacent communities and the State Coordinating Agency,
which is Montana Department of Natural Resources and Conservation prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
F. Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
G. When base flood elevation data has not been provided in accordance with Section 3,
Paragraph 3.2, the Floodplain Administrator shall obtain, review and reasonably utilize
any base flood elevation data and floodway data available from a Federal, State or other
source, in order to administer the provisions of Section. 5. where BFE data are utilized
in zone A, obtain and maintain records of the lowest floor and floodproofing elevations
for new and substantially improved construction.
H. when a regulatory floodway has not been designated, the Floodplain Administrator
must require that no new construction, substantial improvements, or other development
(including fill) shall be permitted within zones A 1-30 and AE on the community's
FIRM, unless it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one-half (0.5) foot at any point,
or significantly increases the base flood velocity, within the community.
I. Under the provisions of 44 CFR Chapter 1, Part 65.12, of the National Flood Insurance
Program regulations, a community may approve certain development in zones A 1-30,
AE, AH, on the community's FIRM which increases the water surface elevation of the
base flood by more than one half (1/2) foot, provided that the community first
completes all of the provisions required by Section 65.12.
J. Additional Factors — Floodplain development permits shall be granted or denied by the
Floodplain Administrator on the basis of whether the proposed establishment,
development, alteration, or substantial improvement of an artificial obstruction meets
the requirements of these regulations. Additional factors that shall be considered for
every permit application are:
1. The danger to life and property due to increased flood heights, increased
floodwater velocities, backwater or alterations in the pattern of flood flow
caused by the obstruction or encroachment;
2. The danger that the obstruction or encroachment may be swept onto other lands
or downstream to the injury of others;
3. The ability of the proposed water supply and/or sanitation system to prevent
disease, contamination, and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood damage and
the effects of such damage on the individual owner;
5. The construction or alteration of the obstruction or encroachment in such
manner as to lessen the flooding danger;
6. The importance of the services provided by the facility to the community;
7. The requirement of the facility for a waterfront location;
S. The availability of alternative locations not subject to flooding for the proposed
use;
9. The compatibility of the proposed use with existing development and anticipated
development in the foreseeable future;
10. The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area;
11. The safety of access to property in times of flooding for ordinary and emergency
services;
12. The request for fill for a residential or commercial building is not followed by a
request for a basement for the same residential or commercial building, which
would put the finished floor of the building below the BFE, which would negate
the purpose of the fill.
13. The proposed use shall comply with the existing zoning designation;
14. For projects involving bank stabilization, channellzatlon, levees, floodwalls
and/or diversions, off property impacts including increased flood peaks, flood
stage, flood velocity, erosion and sedimentation, should be considered and found
to be non-existent, neutral or able to be mitigated; and
15. Such other factors as are in harmony with the purposes of these regulations, the
Montana Floodplain and Floodway Management Act, and the National Flood
Insurance Program.
K. A floodplain development permit application shall be approved or denied by the
Floodplain Administrator. If the application is deemed incomplete, the Floodplain
Administrator will notify the applicant of deficiencies with in 60 days. Under no
circumstances should it be assumed that the permit is automatically granted. All
approved applications will be signed by the Floodplain Administrator. Denied
applications may be resubmitted if additional information is provided to support a
change in development.
L. The Floodplain Administrator may deem a application incomplete based on, but not
limited to, the following criteria: elevation or flood proofing certificates, a level survey
and/or hydraulic and hydrology calculations by a registered land surveyor, engineer, or
licensed architect to assess the impact of the volume of water, determine the base flood
elevation, water velocities, and ground elevations.
M. Upon receipt of a complete application for a permit, the Floodplain Administrator
shall prepare a notice containing the facts pertinent to the application and shall publish
the notice at least once in a newspaper of general circulation in the area. Notice shall
also be served by first-class mail upon adjacent property owners. The State Floodplain
NFIP Coordinator located in DNRC and other permitting agencies shall also receive
notice by the most efficient method. The notice shall provide a reasonable period of
time, not less than 15 days, for interested parties to submit comments on the proposed
activity.
4.3 PERMIT PROCEDURES
A. Application for a Floodplain Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited to, plans
in duplicate drawn to scale showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas of special flood
hazard. Additionally, the following information is required:
1. Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
2. Elevation in relation to mean sea level to which any nonresidential structure
shall be flood proofed;
3. A certificate from a registered professional engineer or architect that the
nonresidential flood proofed structure shall meet the floodproofing criteria of
Section 5; Paragraph 5.4 (B) (d)';
4. Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development;
5. Maintain a record of all such information in accordance with Chapter 4; Section
4.2 (A).
B. Approval or denial of a Floodplain Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this ordinance, including, but
not limited to, the factors listed in Section 4.2(J), and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed use with existing and anticipated
development;
S . The safety of access to the property in times of flood for ordinary and
emergency vehicles;
6. The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
7. The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
4.4 EMERGENCY WAIVER
Emergency repair and replacement of severely damaged public transportation facilities, public
water and sewer facilities, and flood control works may be authorized by the Floodplain
Administrator if:
A. Upon notification and prior to the emergency repair and/or replacement, the Floodplain
Administrator determines that an emergency condition exists warranting immediate
action; and
B . The Floodplain Administrator agrees upon the nature and type of proposed emergency
repair and/or replacement.
Authorization to undertake emergency repair and replacement work may be given verbally if
the Floodplain Administrator feels that such a written authorization would unduly delay the
emergency work. Such verbal authorization must be followed by a written permit describing
the emergency condition, the type of emergency work agreed upon, and stating that a verbal
authorization had been previously given.
4.5 APPEALS &VARIANCES
A. The Kalispell zoning Board of Adjustment shall act as the Floodplain Management Board
of Adjustment and shall be referred to hereafter as "the Board of Adjustment."
B. The Board of Adjustment shall hear and render judgment on an appeal only when it is
alleged there is an error in any requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or administration of this ordinance. Appeals
must be filed within thirty (30) days from the time the officer charged with enforcement of
these regulations has made a written interpretation or determination of these regulations.
C. Any person or persons aggrieved by the decision of the Board of Adjustment may appeal
such decision in the courts of competent jurisdiction.
D. The Floodplain Administrator shall maintain a record of all actions involving an appeal and
shall report variances to the Federal Emergency Management Agency upon request.
E. Variances may be issued for new construction and substantial improvements to be erected
on a lot of 112 acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing the relevant factors in Section
4.3 (B) of this Chapter have been fully considered. As the lot size increases beyond the 112
acre, the technical justification required for issuing the variance increases.
F. Upon consideration of the factors noted above and the intent of this ordinance, the Board of
Adjustment may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance.
G. Variances shall not be issued within any designated floodway if any increase in flood levels
or velocities, during the base flood discharge, would result.
H. 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 necessary to
preserve the historic character and design of the structure.
I. Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon:
i. Showing a good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
iii. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances;
iv. The proposed use is adequately flood proofed; and
v. Reasonable alternative locations outside the designated floodplain are not
available.
J . Any application to which a variance is granted shall be given written notice that the
structure will be permitted to be built with the lowest floor elevation below the base flood
elevation, and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation. It should be noted that variances of this
type places the community in violation of the NFIP, and therefore will be carefully
considered.
K. Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined in this chapter are met, and (ii) the
structure or other development is protected by methods that minimize flood damages during
the base flood and create no additional threats to public safety.
L. Appeals of any decision (s) of the Board of Adjustment or the City of Kalispell City
Council may be taken by an aggrieved person or persons, jointly or separately, to a court of
record, provided that the appellant has exhausted all administrative remedies.
4.6 FEES
A non-refundable processing fee pursuant to the adopted fee schedule for the City of Kalispell
shall be submitted with each permit and/or variance application. This fee will cover the
administrative cost of processing the permit and/or variance, providing public notice and
performing sufficient field inspections to ensure compliance with these regulations.
4.7 VIOLATION NOTICE
The Floodplain Administrator shall bring any violation of these regulations to the attention of
the local governing body; its legal counsel; and the Montana Department of Natural Resources
and Conservation.
4.8 CONI PLIANCE
Any use, alteration, or construction not in compliance with that authorized shall be deemed a
violation of these regulations and punishable as provided in Section 4.9 or enforced as provided
in 76-5-109 MCA. An applicant may be required to submit certification by a registered
professional engineer, architect, or other qualified person designated by the Floodplain
Administrator, that finished fill, building floor elevations, flood proofing, hydraulic design, or
other flood protection measures be accomplished in compliance with these regulations.
4.9 PENALTIES
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 on the
floodplain shall constitute a misdemeanor. Any person who violates these regulations or fails
to comply with any of its requirements (including the conditions and safeguards established in
variances) shall, upon conviction thereof, be fined not more than one hundred ($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.
SECTION 5 SPECIFIC STANDARDS
5.1 APPLICATION
The minimum floodplain development standards listed in this chapter and Title 76, Chapter 5,
MCA, apply to all the floodplains referenced on the Flood Insurance Rate Maps.
5.2 GENERAL STANDARDS
A. In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements:
1. All new construction or substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
4. All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding;
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
6. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems
into flood waters; and,
7. On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
5.3 FLOODWAY
A. USES ALLOWED WITHOUT PERMIT — The following open space uses shall be allowed
without a permit anywhere within the floodway, provided that such uses are not prohibited
by any other resolution or statute, do not require structures other than portable structures, do
not require alteration of the floodplain such as fill, excavation or permanent storage of
materials or equipment, do not require large scale cleaning of the riparian vegetation within
fifty (50) feet of the mean high water mark, will not cause flood losses on other land or to
the public:
a. Agricultural uses such as tilling, farming, irrigation, harvesting, grazing, etc;
Accessory uses such as loading and parking areas, or emergency landing strips
associated with industrial or commercial facilities;
b. Private and public recreational uses such as picnic grounds, swimming areas, parks,
trap, skeet, target, shooting, and archery ranges, wildlife management and natural
areas, hunting and fishing areas, or hiking and horseback riding trails;
C. Forestry, including processing of forest products with portable equipment;
d. Residential uses such as lawns, gardens, parking areas, and play areas;
e. Irrigation and livestock supply wells, provided that they are located at least Soo feet
from domestic water supply wells;
f. Fences, except permanent fences crossing channels;
g. Recreational vehicle use provided that they be on the site for fewer than 180
consecutive days or be 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.
B. USES REQUIRING PERMITS —The following nonconforming uses and artificial
obstructions may be permitted within the designated floodway, provided that such uses
conform to the provisions of Chapter 4, Section 4.2 (J)(1) and are approved for permit
issuance by the Floodplain Administrator:
a. Excavation of material from pits or pools provided that:
i. A buffer strip of undisturbed land of sufficient width to prevent flood flows
from channeling into the excavation is left between the edge of the channel and the
edge of the excavation;
ii. The excavation meets all applicable laws and regulations of other local and
state agencies; and
iii. Excavated material is stockpiled outside the designated floodway. (However,
for short term gravel mining operations, the Floodplain Administrator may allow
stockpiling *n the floodway fringe if there is no other alternative and there is no
significant (1/2 foot) rise in the BFE. A "No Rise Certification" signed by a
licensed engineer shall be required).
b. Railroad, highway, street and stream crossings, provided that:
i. The crossings are designed to offer minimal obstructions to the flood flow;
ii. The bottom of bridge spans shall have a freeboard of at least two (2) feet above
the BFE to pass ice flows, the 100 year flood discharge and any debris associated
with the discharge;
iii. If possible, normal overflow channels are preserved to allow passage of
sediments to prevent aggradations,
iv. Mid stream supports for bridges, if necessary, must have footings buried
below the maximum scour depth; and
V. Stream crossings shall not increase the elevation of the 100-year flood more
than one-half foot nor cause a significant increase in flood velocities. The
applicant shall provide a "No -Rise" certification signed by a registered
professional engineer.
C. Limited filling for highway, street, and railroad embankments not associated with
stream crossings and bridges provided that:
i. Reasonable alternate transportation routes outside the designated floodway are
not available;
ii. The encroachment is located as far from the stream channel as possible;
iii. measures are provided to mitigate the impact to property owners and the
natural stream function; and
iv. The encroachment shall not result in a cumulative increase exceeding one-half
foot in base flood elevation, after the allowable encroachment into the floodway. A
"No -Rise" certification signed by a registered professional engineer shall be
provided by the applicant.
d. Buried or suspended utility transmission lines, provided that:
i. Suspended utility transmission lines are designed such that the lowest point of
the suspended line is at least six (6) feet higher than the elevation of the flood of
one -hundred (100) year frequency;
ii. Towers and other appurtenant structures are designed and placed to withstand
and offer minimal obstruction to flood flows;
iii. when technically feasible, the crossing will not disturb the bed and banks of
the stream and alternatives such as alternative routes, directional drilling, and
aerial crossings are considered; and
IV. Utility transmission lines carrying toxic or flammable materials are buried to a
depth of at least twice the calculated maximum depth of scour for a flood of one
hundred (100) year frequency. The maximum depth of scour may be determined
from any of the accepted hydraulic engineering methods, but the final calculated
figures shall be subject to approval by the Floodplain Administrator.
e. Storage of materials and equipment provided that:
i. The material or equipment is not subject to major damage by flooding and is
properly anchored to prevent flotation or downstream movement; and,
ii. 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.
f. Irrigation, livestock and domestic water supply wells, provided that:
i. They are driven or drilled wells located on ground higher than surrounding
ground to assure positive drainage from the well;
ii. They require no other structures (e.g. a well house);
iii. well casings are water tight to a distance of at least twenty-five (25) feet
below the ground surface;
iv. Water supply and electrical lines have a watertight seal where the lines enter
the casing;
V. All pumps and electrical lines and equipment are either of the submersible type
or are adequately flood proofed;
vi. Check valves are installed on main water lines at wells and at all building
entry locations; and
vii. Irrigation and livestock supply wells are located at least 500 feet from
domestic water supply wells.
g. Only those wastewater disposal systems that meet the requirements and separation
distances under ARM 17.36.101-11 b and ARM 17.36.301-345 are allowed.
h. Fences crossing channels,
i. Residential uses not requiring buildings such as lawns, gardens, parking areas and
play areas;
j . Public or private recreational uses not requiring structures such as campgrounds,
golf courses, driving ranges, archery ranges, wildlife management and natural areas,
alternative livestock ranches (game farms), fish hatcheries and shooting preserves
provided that:
i. Access roads require only limited fill and do not obstruct or divert flood waters,
ii. There are no dwellings or permanent mobile homes,
iii. There is no rise 'n the BFE;
IV. Cuff property impacts have been considered and found to be non-existent,
neutral or can be mitigated;
V. There is no large-scale clearing of riparian vegetation within 50 feet of the
mean annual high water mark; and
vi. Recreational vehicles and travel trailers are licensed and ready for highway
use. They are ready for highway use if on wheels or jacking system with wheels
intact, are attached to the site with only quick disconnect type utilities and securing
devices, and have no permanently attached additions.
k. Structures accessory to the uses permitted in this section, such as boat docks,
loading and parking areas, marinas, emergency airstrips, permanent fences crossing
channels, picnic shelters and tables, provided that:
i. The structures are not intended for human habitation or supportive of human
habitation;
ii. The structures will have low flood damage potential as certified by a registered
professional engineer on a "No -Rise" certificate;
iii. The structures will, insofar as possible, be located on ground higher than the
surrounding ground and as far from the channel as possible;
IV. Only those wastewater disposal systems that meet the requirements and
separation distances under ARM 17.36.101-116 and ARM 17.36.301-345 are
allowed;
V. Service facilities within these structures such as electrical, heating and
plumbing are flood proofed in accordance with Section 6;
vi. The structure will be constructed and placed so as to offer a minimal
obstruction to flood flows and is firmly anchored to prevent flotation;
vii. The use does not require fill and/or substantial excavation; and
viii. The use does not require the large scale clearing of riparian vegetation within
fifty (50) feet of the mean annual high water mark.
1. Replacement of manufactured homes in an existing manufactured home Park, sites
outside of a Park or subdivision, or subdivision on a developed site of the same
dimensions with servicing utilities. (Previous home could have been destroyed by
fire, flood, etc.) The replacement home must be elevated on a permanent foundation
so the lowest floor is 2 feet above the base flood elevation. The foundation must be
reinforced concrete, reinforced -mortared block, reinforced piers, or other foundation
elements of equal strength. The mobile home chassis must be securely anchored to
the foundation system so that it will resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to:
i. over -the -top ties to ground anchors be provided at each of the four (4) corners
of the mobile home, with two additional ties per side at intermediate locations for
mobile homes less than fifty (50) feet long;
ii. frame ties to ground anchors be provided at each corner of the home with five
(5) additional ties per side at intermediate points, for mobile homes more than fifty
(50) feet long;
iii. all components of the anchoring system be capable of carrying a force of
4,500 pounds;
iv. any additions to the mobile home must be similarly anchored; and
V. adequate surface drainage and access for a hauler are provided.
M. Agricultural structures (except buildings, dwellings and fuel storage) that will
have low flood damage potential, or be located on higher ground and as far from the
channel as possible, and meet the flood proofing requirements of Section 5.
n. New surface water diversions and changes in place of diversion for agricultural
uses and other uses, with certification by a registered engineer if:
i. The proper permits or documentation have been obtained from DNRC water
Rights Bureau for new surface water diversions and changes in place of diversion;
ii. The proposed diversion or change in place of diversion will not increase the
upstream elevation of the base flood one-half foot (1/2 foot) or more or to the
detriment of a neighboring property;
iii. The proposed diversion is designed and constructed to minimize potential
erosion from a base flood;
iv. For a permanent diversion structure crossing the full width of the stream
channel:
V. All other options should be studied and considered first;
vi. The structure is designed and constructed to withstand up to a base flood; and,
vii. The diversion is not an obstruction to the passage of water craft or fish.
o. The following flood control measures certified by a registered professional
engineer to comply with the conditions set forth (structural flood control works often
significantly obstruct and affect floodway flow capacity):
i. Levees and floodwalls (new, reconstruction and/or maintenance) if:
1. The proposed levee or floodwall is designed and constructed to safely
convey a 100 year flood; and
2. The cumulative effect of the levee or floodwall combined with allowable
floodway fringe encroachments does not increase the unobstructed base flood
elevation more than one half foot (1/2 foot). The Floodplain Administrator
may establish either a lower or higher permissible increase in the base flood
elevation for individual levee projects only with concurrence from the
Montana Department of Natural Resources and Conservation and the Federal
Emergency Management Agency based upon consideration of the following
criteria:
a. The estimated cumulative effect of any anticipated future permissible
uses; and
b. The type and amount of existing development in the effected area.
3. The proposed levee or floodwall, except those to protect agricultural land, is
constructed at least 3 feet higher than the base flood elevation.
4. For levee structures to be recognized on a FEMA. reap as providing flood
protection, the structure must meet the criteria outlined in 44 C.FR 65.10.
Without the criteria being met, the area behind the uncertified structure will be
shown to be in the floodplain of the flood source (River).
5. Bank stabilization projects, such as hand placed rip rap, native revetments,
weirs, barbs, etc, if:
a. It is designed to withstand a 100-year flood;
b. It does not increase the base flood elevation;
C. It will not increase erosion upstream, downstream, or adjacent to the site;
d. Consideration will be given to accommodate the safe passage of water
craft in low flows; and/or
e. It is preventive maintenance for bridge abutments, roads, industrial uses
and public infrastructure.
G. Channelization projects if they do not significantly increase the magnitude,
velocity, or base flood elevation in the proximity of the project.
7. Dams provided that:
a. They are designed and constructed in accordance with the Montana Dam
Safety Act and applicable safety standards; and
b. They will not increase flood hazards downstream either through
operational procedures or improper hydrologic/hydraulic design.
S. All other artificial obstructions, substantial improvements, or non-
conforming uses not specifically listed in or prohibited by these regulations
C. PROHIBITED USES w The following artificial obstructions and non -conforming uses are
prohibited within the floodway:
a. A building, dwelling or structure for living purposes, place of assembly or
permanent use by human beings;
b. New construction of any residential dwelling, commercial or industrial building;
C. Encroachments, including fill, new construction, buildings, substantial
improvements, excavations and other development that would cause water to be
diverted from the established floodway, erosion of embankment, obstruction of the
natural flow of waters, reduce the carrying capacity of the floodway or increase
flood levels within the community during the occurrence of the 100 year flood;
d. The construction or permanent storage of an object subject to flotation or
movement during the 100 year flood;
e. Mobile homes and manufactured homes;
f. Storage and disposal of solid waste, hazardous wastes toxic, flammable, or
explosive materials;
g. only those wastewater disposal systems that meet the requirements and separation
distances under ARM 17.36.101-116 and ARM 17.36.301-345 are allowed.
h. Cemeteries, mausoleums, or any other places of burial of human remains.
5.4 FLOODWAY FRINGE
A. USES ALLOWED WITHOUT PERMITS — All uses allowed in the floodway without permit
according to the provisions of these regulations, shall also be allowed without a permit in the
floodway fringe.
B. USES REQUIRING PERMITS —All uses allowed in the floodway subject to the issuance of
a permit according to the provisions of these regulations shall also be allowed by permit
within the designated floodway fringe. In addition, new construction, substantial
improvements, alterations to structures (including, but not limited to residential, commercial,
agricultural and industrial), and suitable fill shall be allowed subject to the following
conditions:
a. Such structures or fill must not be prohibited by any other statute, regulation,
ordinance, or resolution;
b. Such structures or fill must be compatible with local comprehensive plans, if any,
c. Residential. The new construction, alterations, and substantial improvements of
residential dwellings including manufactured homes must be constructed on suitable
fill with a permanent foundation such that the lowest floor elevation (including
basement) is two (2) feet or more above the BFE (Base Flood Elevation). The suitable
fill shall be at an elevation no lower than the elevation of the loo-year flood and shall
extend for at least fifteen (15) feet, at that elevation, beyond the dwelling(s) in all
directions. Replacement manufactured and mobile homes in an existing mobile home
park or subdivision may, instead of using suitable fill, be elevated on a concrete or
mortared block foundations or other suitable permanent foundation, and anchored to
prevent flotation or downstream movement.
d. Non -Residential. The new construction, alteration, and substantial improvement of
commercial and industrial buildings must be constructed on suitable fill with a
permanent foundation such that the lowest floor elevation (including basement) is two
(2) or more feet above the BFE (Base Flood Elevation), OR the building must be
adequately flood proofed to an elevation no lower than two (2) feet above the
elevation of the loo-year flood. Certification is required by registered professional
engineer, architect, or other qualified person that flood -proofing methods are adequate
to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities,
impact, buoyancy, and uplift forces associated with the 1 oow year flood (Chapter 5).
e. If the building is designed to allow internal flooding of the lowest floor, use of the
lowest floor must be limited to parking, loading areas, and storage of equipment or
materials not appreciably affected by floodwaters. The floors and walls shall be
designed and constructed of materials resistant to flooding to an elevation no lower
than two (2) feet above the BFE. Walls shall be designed to equalize hydrostatic
forces by allowing for entry and exit of floodwaters. openings may be equipped with
screens, louvers, valves, and other coverings or devices which permit the automatic
entry and exit of floodwaters.
f. Buildings whose lowest floors are used for a purpose other than parking, loading, or
storage of materials resistant to flooding shall be waterproofed to an elevation no
lower than two (2) feet above the BFE. Flood proofing shall include impermeable
membranes or materials for floors and walls and watertight enclosures for all
windows, doors and other openings. These buildings shall be designed to withstand
the hydrostatic pressures and hydrodynamic forces resulting from the base flood.
Flood proofing of electrical, heating and plumbing systems shall be accomplished in
accordance with Section 6.
g. All manufactured homes placed in the floodway fringe shall be installed using
methods and practices which minimize flood damage and must have the chassis
securely anchored to a foundation system that will resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, over -the -top or
frame ties to ground anchors. This requirement is in addition to applicable State and
local anchoring requirements for resisting wind forces. The following conditions also
apply;
i. a manufactured home is 1) altered, 2) replaced because of substantial damage as a
result of a flood or 3) replaced on an individual site, the lowest floor must be
elevated two (2) feet above the base flood elevation. The home can be elevated on
fill or raised on a permanent foundation of reinforced concrete, reinforced mortared
block, reinforced piers, or other foundation elements of at least equivalent strength.
ii. Replacement or substantial improvement of manufactured homes in an existing
manufactured home Park, site outside a manufactured home Park or subdivision, or
subdivision must be raised on a permanent foundation. The lowest floor must be
two feet above the base flood. elevation. The foundation must consist of reinforced
concrete, reinforced mortared block, reinforced piers, or other foundation elements
of at least equivalent strength.
iii. Manufactured homes proposed for use as commercial or industrial buildings must
be elevated and anchored, rather than flood proofed.
h. Pill material placed in the floodway fringe must be stable, compacted, well graded,
pervious, generally unaffected by water and frost, devoid of trash or similar foreign
matter, devoid of tree stumps or other organic material, and appropriate for the
purpose of supporting the intended use and/or permanent structure;
i. Roads, streets, highways and rail lines shall be designed to minimize any increase in
flood heights. where failure or interruption of transportation facilities would result in
danger to the public health or safety, the facility shall be located two (2) feet above the
elevation of the 1 oo-year flood;
j. Agricultural buildings that have a low damage potential, such as sheds, barns, shelters,
and hay or grain storage structures must be adequately anchored to prevent flotation or
collapse and all electrical facilities shall be placed two (2) feet above the base flood
elevation;
k. Recreational Vehicles. Must meet the following requirements:
i. Be on the site for fewer than 180 consecutive days, or
ii. Be fully licensed and ready for highway use, or
iii. Meet the permit requirements of Section 5.4.B.5.b, and the elevation and
anchoring requirements for "manufactured homes" in paragraph (5) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions; and
1. Enclosures - new construction and substantial improvements, with fully enclosed areas
below the lowest floor that are usable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Resigns for meeting this requirement
must either be certified by a registered professional engineer or architect or meet or
exceed the following minimum criteria:
i. A minimum of two openings on separate walls having a total net area of not less
than one square inch for every square foot of enclosed area subject to flooding shall
be provided.
ii. The bottom of all openings shall be no higher than 1 foot above grade.
iii. Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
m. Proposed development shall not have a large scale clearing of riparian vegetation
within 50 feet of the mean annual high water mark.
C. PROHIBITED USES — The following artificial obstructions and non -conforming uses are
prohibited within the floodway fringe:
a. Only those wastewater disposal systems that meet the requirements and separation
distances under ARM 17.36.101-116 and ARM 17.36.301-345 are allowed.
b. Storage and disposal of solid waste, hazardous waste, toxic, flammable, or explosive
materials; and
c. Cemeteries, mausoleums, or any other places of burial of human remains.
5.5 STANDARDS FOR SUBDIVISION PROPOSALS
A. Review subdivision proposals and other development, including manufactured home parks
or subdivisions, to determine whether such proposals will be reasonably safe from flooding.
If a subdivision or other development proposal is in a flood -prone area, assure that such
proposals minimize flood damage.
B. Base flood elevation data shall be generated for subdivision proposals and other proposed
development including the placement of manufactured home parks and subdivisions which
is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to
Section 3, Paragraph 3.2 or Section 4, Paragraph 4.2 (G) of this ordinance.
C. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
D. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize or eliminate flood damage.
5.6 SHALLOW FLOODING (AO ZONES
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A. Shallow flooding areas are delineated as "AO zone" floodplains on the Flood Insurance
Rate Maps. The provisions of Section 5.4, Floodway Fringe, of this Ordinance shall apply
to any AG Zone floodplains. The depth of the 100-year flood is indicated as the depth
number on the Flood Insurance Rate Maps. The 100-year flood depth shall be referenced to
the highest adjacent grade or stream flow line in determining which fill or flood -proofing
heights to use in applying the provisions of Section 5.4. In the absence of depth or
elevation information, a minimum. 2 foot flood depth shall be used.
B. Floodplain Boundary Interpretation. The Floodplain Administrator shall make
interpretations where needed as to the exact location of an AO Zone floodplain boundary
when there is a conflict between a mapped boundary and actual field conditions.
SECTION 6 FLOOD PROOFING REQUIREMENTS
6.1 CERTIFICATION
If the following flood proofing requirements are to be utilized for a particular structure in
accordance with these regulations, the methods used must be certified as adequate by a
registered professional engineer, architect, or other qualified person.
6.2 CONFORMANCE
A. Permitted flood proofing systems shall conform to the conditions listed below and the flood
proofing standards listed in Section 5.3.B.d of these regulations for commercial and
industrial buildings
a. Electrical Systems
i. All incoming power service equipment, including all metering equipment,
control centers, transformers, distribution and lighting panels, and all other
stationary equipment must be located at least two (2) feet above the
elevation of the 100 year flood.
ii. Portable and movable electrical equipment may be placed below the
elevation of the 100-year flood, provided that the equipment can be
disconnected by a single plug and socket assembly of the submersible type.
iii. The main power service lines shall automatically operate electrical
disconnect equipment of manually operated electrical disconnect equipment
located at an accessible remote location outside the designated floodplain
and above the elevation of the 100 year flood.
iv. All electrical wiring systems installed below the elevation of the 100-year
flood shall be suitable for continuous submergence and may not contain
fibrous components.
b. Heating Systems
i. Float operated automatic control valves must be installed in gas furnace
supply lines so that fuel supply is automatically shut off when flood waters
reach the floor level where the furnace is located.
ii. Manually operated gate valves must be installed in gas supply lines. The
gate valves must be operable from a location above the elevation of the 100-
year flood.
iii. Electric heating systems must be installed in accordance with the provisions
of Section 6.2.A.
c. Plumbing Systems
i. Sewer lines, except those to be buried and in sealed vaults, must have check
valves installed to prevent sewage backup into permitted structures.
ii. All toilets, stools, sinks, urinals, and drains must be located so the lowest
point of possible entry is at least two (2) feet above the 100 year flood
elevation.
SECTION 7 APPENNDIX A SKETCHES OF FLOODPLAIN ZONES
CROSS -SECTIONAL VIEW
NO DEVELOPMENT
ROOPPLAN
FLOOPWAY
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OMS Fc.oOp ELEvAriorl
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CROSS -SECTIONAL VIEW
WITH EXISTING & NEW DEVELOPMENT
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ii."rir �t
SECTION S Ordinance 1170, Codified as Kalispell City Code 10A, is hereby repealed.
SECTION 9 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 18TH DAY OF JUNE, 2007.
Ivlay LJl
ATTEST:
Theresa White
City Clerk