§ 12-26. 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 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)

A structure, fill, or excavation that would cause water to be diverted from the floodway, 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 when it is a component to a permitted use allowed in 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.

(Ord. No. 1320 , § 1, 2-13-18)