Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.28 FLOOD DAMAGE PREVENTION
15.28.290 Floodway-Permits for flood control works.
Flood control works shall be allowed within floodways subject
to the issuance of a permit by the floodplain administrator with the following
conditions:
A. Levees and floodwalls are permitted if:
1. The proposed levee or floodwall is designed and
constructed to safely convey a one-hundred-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 0.5 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 flood-prone development in
the affected area;
3. The proposed levee or floodwall, except those to protect
agricultural land, are constructed at least three feet higher than the base
flood elevation.
B. Riprap, except that which is hand-placed, if:
1. The riprap is designed to withstand a one-hundred-year
flood;
2. The riprap does not increase the base flood elevation;
and
3. The riprap will not increase erosion upstream, downstream,
or adjacent to the riprap site.
C. Channelization projects if they do not significantly
increase the magnitude, velocity, or base flood elevation in the proximity of
the project.
D. Dams; provided, that:
1. They are designed and constructed in accordance with the
Montana Dam Safety Act and applicable safety standards; and
2. They will not increase flood hazards downstream, either
through operational procedures or improper hydrologic/hydraulic design. (Ord.
576 § 6(B)(3), 1994)