There is a large list of definitions of terms and jargon normally used in flood plain hazard management guidelines and explanations. Be aware the same word may mean something different when applied to flood insurance, minimum standards, or a regulatory requirement.
The definitions in 76-5-103, MCA and ARM 36.15.101 where applicable may be considered; however, several definitions are specifically for describing the role and responsibility of the DNRC in regard to development and adoption of flood hazard studies and map and other responsibilities.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted as to give them the meaning they have in common usage and the most reasonable application. For the purpose of this ordinance, the following definitions are adopted:
See Flood Plain.
Any change or addition to an artificial obstruction that either increases its external dimensions or increases its potential flood hazard. See also, Substantial Improvement.
Any obstruction which is not natural and includes any development, dam, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, road, bridge, conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along, across, or projecting into any Regulated Flood Hazard Area that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. See also Development.
A flood having a 1% chance of being equaled or exceeded in any given year.
The elevation above sea level of the base flood in relation to the National Geodic Vertical Datum of 1929 or the North American Vertical Datum of 1988 or unless otherwise specified.
Any area of the building having its lowest floor below ground level on all sides.
The geographical area within either the natural or artificial banks of a watercourse or drainway.
Any area below the ground level and below the lowest floor having an interior dimension of four feet or less measured from the interior ground surface to the top of the stem wall.
Montana Department of Natural Resources and Conservation.
Means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. See also Artificial Obstruction.
Activities or construction within the flood plain including fill, new construction, substantial improvements, and other development.
An analysis performed by an engineer to assess the impacts of the proposed artificial obstruction or nonconforming use to the 100-year flood plain, base flood elevation and veloCity.
To construct, place, insert, or excavate.
Federal Emergency Management Agency.
The area including and adjoining the watercourse or drainway that would be covered by the floodwater of a flood of a 100-year frequency.
A flood magnitude expected to recur on the average of once every 100 years or a flood magnitude that has a 1% chance of occurring in any given year.
The identified portion of the Regulated Flood Hazard Area outside the limits of the floodway.
The identified portion of the Regulated Flood Hazard Area and is the channel and the areas adjoining the channel that are reasonably required to carry the discharge of the base flood without cumulatively increasing the water surface by more than one half foot.
Community official or representative appointed to administer and implement the provisions of this ordinance.
Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, HVAC systems, structures and their contents.
Any floor of a building including a basement used for living purposes, storage, or recreation. This includes any floor that could be converted to such a use.
Includes the construction of facilities for servicing the manufactured home lots and at a minimum includes the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities and includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
Structures for which the commencement of clearing, grading, filling, or excavating to prepare a site for construction occurs on or after the effective date of these ordinances and includes any subsequent improvements to such structures.
Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads and is completed on or after the effective date of flood plain management regulations adopted by a community.
Any person who has dominion over, control of, or title to an artificial obstruction.
A park trailer, travel trailer, or other similar vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a truck; and (d) designed primarily for use as temporary living quarters for recreation, camping, travel, or seasonal use, not for use as a permanent dwelling.
A flood plain whose limits have been designated pursuant to Part 2, Chapter 5 of Title 76, MCA, and is determined to be the area adjoining the watercourse that would be covered by the floodwater of a base flood, a flood of a 100-year frequency. The Regulated Flood Hazard Area consists of the floodway and flood fringe where specifically designated.
A building for living purposes or place of assembly or permanent use by human beings. All other buildings are nonresidential.
Stone, rocks, concrete blocks, or analogous material that is placed within the flood plain for the purpose of preventing or alleviating erosion.
The maximum depth of streambed scour caused by erosive forces of the base flood discharge.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. A structure is also, bridge, culvert, dam, diversion, wall, revetment, dike, or other projection that may impede, retard, or alter the pattern of flow of water.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would exceed 50% of the market value of the structure before the damage occurred.
Any repair, reconstruction or improvement of a structure where the cost equals or exceeds 50% of the market value of the structure either:
Before the improvement or repair is started, or
If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first construction of any wall ceiling, floor or other structural part of the building commences. The term does not include:
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.
Fill material which is stable, compacted, well graded, and pervious, not adversely affected by water and frost, devoid of trash or similar foreign matter, tree stumps or other organic material; and is fitting for the purpose of supporting the intended use and/or permanent structure.
A failure of a structure or other development to be fully compliant with these regulations.
(Ord. 895, 10-9-2012)