Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.28 FLOOD DAMAGE PREVENTION
15.28.390 Uses requiring permits.
All uses allowed in the floodway and floodway fringe subject
to the issuance of a permit, according to the provisions of Section 15.28-.330,
shall require permits from the floodplain administrator for unnumbered A Zone
floodplains. Also, the provisions of Section 15.28.330 apply to the A Zone
floodplains with no floodway delineated or water surface profile computed. Since
there are no one-hundred-year floodwater surface profiles computed for A Zone
floodplains, the following conditions also apply:
A. Elevation data on the one-hundred-year flood shall be
provided for subdivision proposals according to the definitions and rules of the
Montana Sanitation in Subdivisions Act, MCA 76-4 Part 1 and the rules adopted by
DHES under this Act. These data shall be used in applying Sections
15.28.330(C), (D) and (E) of this chapter. Subdivision proposals shall also
provide for adequate drainage to minimize potential flood hazards;
B. The floodplain administrator may obtain, review and
reasonably use any base flood elevation and floodway data available from
federal, state or other sources, until such data have been provided by FEMA, to
enforce Sections 15.28.330(C) and (D) of this chapter;
C. The floodplain administrator may use historical flood
elevations to determine suitable fill or floodproofing elevations as required by
Sections 15.28.330(C) and (D) of this chapter;
D. If historical flood evidence is not available, then the
floodplain administrator shall determine, from a field review at the proposed
development site, an appropriate fill or floodproofing elevation to use in
applying Sections 15.28.330(C) and (D) of this chapter. In the absence of depth
or elevation information, a minimum two-foot flood depth shall be used;
and
E. Proposed structures must be anchored to prevent floatation
or collapse and must be located as far from stream channels as practicable.
(Ord. 576 § 7(2), 1994)