§ 12-32. Floodplain permit criteria.

(a)

Floodplain permit applications shall be approved provided the proposed new construction, substantial improvement, or alteration of an artificial obstruction meets the requirements of the minimum standards and criteria in articles IX and X and other requirements of these regulations. ((MCA 76-5-406) (44 CFR 60.3))

(b)

A flood plain permit application for a development that will cause an increase of more than 0.00 feet to the base flood elevation of the floodway or more than 0.50 feet to the base flood elevation of the regulated flood hazard area without a floodway shall not be approved until approval for an alteration pursuant to section 12-23 has been approved, the regulated flood hazard area is amended and a FEMA CLOMR where required is issued.

(c)

The floodplain administrator shall determine that all necessary permits have been received from those governmental agencies from which approval is required by federal, state, and local law including section 404 of the Federal Water Pollution Control Act Amendment of 1972, and ESA if required. 36 U.S.C. 1334. (44 CFR 60.3(a)(2))

(Ord. No. 1320 , § 1, 2-13-18)