Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.28 FLOOD DAMAGE PREVENTION
15.28.280 Floodway-Uses requiring permits.
The following artificial obstructions may be permitted in the
floodway subject to the issuance of a permit by the floodplain
administrator:
A. Excavation of material from pits and pools; provided,
that:
1. A buffer strip of undisturbed land is left between the
edge of the channel and the edge of the excavation. This buffer strip must be
of sufficient width to prevent flood flows from channeling into the
excavation,
2. The excavation meets all applicable laws and regulations
of other local and state agencies, and
3. Excavated material is disposed of or stockpiled outside
the floodway;
B. Railroad, highway, and street stream crossings, provided
the crossings are designed to offer minimal obstruction to flood flow. Stream
crossings shall not increase the elevation of the one-hundred-year flood more
than one-half foot nor cause a significant increase in flood
velocities;
C. Limited filling for highway, street and railroad
embankments not associated with stream crossings; provided, that:
1. Reasonable alternate transportation routes outside the
designated floodway are not available, and
2. Such floodway encroachment is located as far from the
stream channel as possible and shall not result in a cumulative increase in base
flood elevations, after allowable encroachments into the floodway fringe,
exceeding one-half foot;
D. Buried or suspended utility transmission lines; provided,
that:
1. Suspended utility transmission lines are designed so the
lowest point of the suspended line is at least six feet higher than the base
flood elevation,
2. Towers and other appurtenant structures are designed and
placed to withstand and minimally obstruct flood flows, and
3. 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 one-hundred-year flood. The maximum depth of scour shall be
determined by hydraulic engineering methods acceptable to the floodplain
administrator;
E. Storage of materials and equipment; provided,
that:
1. The material or equipment is not subject to major damage
by flooding and is properly anchored to prevent floatation or downstream
movement, or
2. The material or equipment is readily movable within the
limited time available after flood warning. Storage of flammable, toxic,
hazardous, or explosive materials shall not be permitted;
F. Domestic water supply wells; provided, that:
1. They are driven or drilled wells located on ground higher
than the surrounding ground to assure positive drainage from the well,
2. Well casings are watertight to a distance of at least
twenty-five feet below the ground surface,
3. Water supply and electrical lines have a watertight seal
where the lines enter the casing,
4. All pumps, electrical lines, and equipment are either
submersible or adequately floodproofed, and
5. Check valves are installed on main water lines at wells
and at all building entry locations;
G. Buried and sealed vaults for sewage disposal in
recreational areas, provided they meet applicable laws and standards
administered by the Montana Department of Health and Environmental
Sciences;
H. Public or private campgrounds; provided that:
1. Access roads require only limited fill and do not obstruct
or divert floodwaters, and
2. 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;
I. Structures accessory to the uses permitted in this section
such as boat docks, marinas, sheds, picnic shelters, tables, and toilets;
provided, that:
1. The structures are not intended for human
habitation,
2. The structures will have a low flood damage
potential,
3. The structures will, insofar as possible, be located on
ground higher than the surrounding ground and as far from the channel as
possible,
4. The floodproofing standards of Article VII are met,
and
5. The structures will be constructed and placed so as to
offer minimal obstruction to flood flows and are anchored to prevent
floatation;
J. Substantial improvements to any structure provided that
the provisions of Section 15.28.330(C), (D) and (E) of this chapter are met. In
the floodway the structure must be floodproofed or elevated on a permanent
foundation rather than on fill;
K. All other artificial obstructions, substantial
improvements, or nonconforming uses not specifically listed or prohibited by
these regulations. (Ord. 576 § 6(B)(2), 1994)