1. 
Flood plain and floodway management is incorporated in Montana Code Annotated Title 76, Chapter 5 and describes the authority, procedures and minimum standards for local regulations.
2. 
The authority to regulate development in specifically identified flood hazard areas is granted to communities by State Statute 76-5-301, MCA and municipalities have authority to adopt regulations as provided for in Section 7-1-4123, MCA to promote the general public health, safety, and welfare.
(Ord. 895, 10-9-2012)
1. 
Flood hazard areas specifically adopted herein as Regulated Flood Hazard Areas have been delineated and designated by the Department of Natural Resources and Conservation (DNRC) and/or the Federal Emergency Management Agency (FEMA) pursuant to 76-5-201, MCA.
2. 
The proposed regulations have been reviewed and approved by the Montana Department of Natural Resources and Conservation and the Federal Emergency Management Agency to meet the prescribed minimum standard for development and procedures.
(Ord. 895, 10-9-2012)
These regulations promote public health, safety and general welfare of the residents and minimize public and private losses due to flood conditions in Regulated Flood Hazard Areas. These Regulations are intended to:
1. 
Protect human life and health;
2. 
Minimize expenditure of public money for costly flood control projects;
3. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. 
Minimize prolonged business and public service interruptions;
5. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges;
6. 
Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood disruptions; and to
7. 
Ensure compliance with the minimum standards for the continued participation in the National Flood Insurance Program for the benefit of the residents.
(Ord. 895, 10-9-2012)
These regulations are intended to reduce flood losses through the following methods:
1. 
Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or that may cause excessive increases in flood heights or velocities;
2. 
Require that uses of land vulnerable to floods, including public facilities, be developed or constructed to at least minimum standards or to otherwise minimize flood damage;
3. 
Regulate the alteration of natural floodplains, stream channels, and natural protective barriers which are needed to accommodate floodwaters;
4. 
Regulate filling, grading, dredging and other development which may increase flood damage;
5. 
Prevent or regulate the construction of flood barriers which will impact other land, floodwater depth or veloCity of floodwaters;
6. 
Distinguish between the land use regulations applied to the floodway within the Regulated Flood Hazard Area and those applied to that portion of the Regulated Flood Hazard Area not contained in the floodway;
7. 
Apply more restrictive land use regulations within the floodway of the Regulated Flood Hazard Area; and
8. 
Ensure that regulations and minimum standards balance the greatest public good with the least private injury.
(Ord. 895, 10-9-2012)
These regulations apply only to the flood hazard areas specifically adopted herein as Regulated Flood Hazard Areas and are more fully and specifically described in Article 12.3.4. The requirements and approvals for alterations to the specific jurisdictional area are in Article 12.3.4 as well. Areas within the Regulated Flood Hazard Area also include areas specifically identified, labeled and illustrated on maps as floodway, or flood fringe that have differing uses allowed and minimum building standards that apply. The jurisdictional areas are those areas of the 100-year floodplain illustrated and depicted in the referenced studies and maps.
The Regulated Flood Hazard Area supporting study and maps illustrating the regulatory area are generally studies and maps completed for the DNRC by FEMA or the Natural Resources and Conservation Service (NRCS) that have been adopted by DNRC pursuant to 76-5-201, MCA, et seq. The Regulated Flood Hazard Area may include those areas collectively identified as Special Flood Hazard Areas by FEMA on Flood Insurance Rate Maps and are those areas subject to flood hazard caused by the 100-year flood. FEMA also utilizes the maps of Special Flood Hazard Areas and accompanying Flood Insurance Studies for determining flood risk for National Flood Insurance premiums. The maps and accompanying study becomes the Regulatory Flood Hazard area only when formally adopted by DNRC and community within an ordinance.
(Ord. 895, 10-9-2012)
A Flood Plain Administrator is hereby officially appointed and it is the responsibility of the Community Development Department to maintain, administer and implement the provisions of these regulations.
(Ord. 895, 10-9-2012)
Development, new construction, alteration or substantial improvement may not commence without full compliance with the provisions of these regulations.
(Ord. 895, 10-9-2012)
It is not intended by these regulations to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, or underlying zoning. However, where these regulations impose greater restrictions, the provision of these regulations must prevail.
(Ord. 895, 10-9-2012)
In the interpretation and application of these regulations, all provisions must be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 895, 10-9-2012)
These regulations do not imply that land outside the Regulated Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made hereunder.
(Ord. 895, 10-9-2012)
If any section, clause, sentence, or phrase of these regulations is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding will in no way affect the validity of the remaining portions of these regulations.
(Ord. 895, 10-9-2012)
All property owners or their agents in the Regulated Flood Hazard Areas shall notify potential buyers or their agents that such property is located within the Regulated Flood Hazard Areas and is subject to regulation and any permitted uses that are transferred. Information regarding Regulated Flood Hazard Areas and the repository for flood plain maps is available in the Flood Plain Administrator's office.
(Ord. 895, 10-9-2012)
Records including permits and applications, elevation and flood proofing certificates, certificates of compliance, fee receipts, and other matters relating to these regulations must be maintained by the Flood Plain Administrator and are public records and must be made available for inspection and for copies upon reasonable request. A reasonable copying cost for copying documents for members of the public may be charged and may require payments of the costs before providing the copies.
(Ord. 895, 10-9-2012)
Any land divisions and subdivision approval including new or expansion of existing manufactured home parks within the Regulated Flood Hazard Area must be designed to meet the following criteria:
1. 
The base flood elevations and boundary of the Regulated Flood Hazard Area are determined and considered during lot layout and building location design;
2. 
Locations for future structures and development are reasonably safe from flooding;
3. 
Adequate surface water drainage is provided to reduce exposure to flood hazards;
4. 
Public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage; and
5. 
For development within the Regulated Flood Hazard Area, permits according to these regulations must be obtained before development occurs; and
6. 
The NFIP program standard for community flood plain management ordinances specifies that the local government is to consider flood hazards when reviewing and approving subdivisions within the special flood hazard area; and
7. 
Flood Plain Administrators should check their subdivision ordinances to ensure flood hazards outside of Regulated Flood Hazard Areas are addressed in development proposals. For example, the Montana Model Subdivision Regulations suggests that any portion of a proposed subdivision is within 2,000 horizontal feet and 20 vertical feet of a stream draining an area of 25 square miles or more, where no official flood plain studies of the stream have been made, the subdivider may be required to conduct a flood hazard evaluation study. The Montana Department of Natural Resources and Conservation may, if requested, review the flood hazard analysis on the merit of its technical adequacy and make a recommendation back to the Flood Plain Administrator.
(Ord. 895, 10-9-2012)
Upon completion of structure condition survey within the Regulated Flood Hazard Area, the Flood Plain Administrator shall notify owners that a permit may be necessary before repair or reconstruction commences on structures that:
1. 
Have sustained 50% or more in flood damages;
2. 
Have been swept away;
3. 
Have one or more collapsed or missing walls;
4. 
Cannot be reoccupied without major structural work; or
5. 
Have sustained more than two feet of water over the first floor.
Structures that have suffered substantial damage or will undergo substantial improvements require a flood plain application and permit and must be upgraded to meet the minimum building standards herein during repair or reconstruction.
Flood Plain Administrators coordinate assistance and provide information to structure owners concerning Hazard Mitigation and Recovery measures with Federal Emergency Management Agency, Montana Department of Natural Resources and Conservation, and other state, local and private emergency service organizations.
(Ord. 895, 10-9-2012)