§ 12-28. General.

(a)

A floodplain permit is required for a person to establish, alter or substantially improve an artificial obstruction, nonconforming use or development within the regulated flood hazard area; ((44 CFR 60.1) (MCA 76-5-404) (ARM 36.15.204(2)(a)))

(b)

A Floodplain permit is required for artificial obstructions, developments and uses not specifically listed in articles IX and X, except as allowed without a floodplain permit in article V, or as prohibited as specified in article VI, within the regulated flood hazard area;

(c)

Artificial obstructions and nonconforming uses in a regulated flood hazard area not exempt under article V are public nuisances unless a floodplain permit has been obtained; (MCA 76-5-404(1))

(d)

A floodplain permit is required for an alteration of an existing artificial obstruction or nonconforming use that increases the external size or increases its potential flood hazard and not exempt under article V; ((MCA 76-5-404(3)(b)) (ARM 36.15.204(2)(a)))

(e)

A floodplain permit is required to reconstruct or repair an existing artificial obstruction that has experienced substantial damage and will undergo substantial improvement; and

(f)

Maintenance of an existing artificial obstruction or use that is a substantial improvement or an alteration requires a floodplain permit. (MCA 76-5-404(3)(b))

(Ord. No. 1320 , § 1, 2-13-18)