Montana Code 76-5-402. Permissible uses within flood plain but outside floodway
76-5-402. Permissible uses within flood plain but outside floodway. Permits must be granted for the following uses within that portion of the flood plain not contained within the designated floodway to the extent that they are not prohibited by any other ordinance, regulation, or statute:
Terms Used In Montana Code 76-5-402
- Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 76-5-103
- Designated floodway: means a floodway whose limits have been designated pursuant to part 2 of this chapter. See Montana Code 76-5-103
- Flood: means the water of any watercourse or drainway that is above the bank or outside the channel and banks of the watercourse or drainway. See Montana Code 76-5-103
- Flood plain: means the area adjoining the watercourse or drainway that would be covered by the floodwater of a flood of 100-year frequency, except for sheetflood areas that receive less than 1 foot of water per occurrence and are considered "zone B" or a "shaded X zone" by the federal emergency management agency. See Montana Code 76-5-103
- Floodway: means the channel of a watercourse or drainway and those portions of the flood plain adjoining the channel that are reasonably required to carry and discharge the floodwater of any watercourse or drainway. See Montana Code 76-5-103
- Statute: A law passed by a legislature.
(1)any use permitted in the designated floodway;
(2)structures, including but not limited to residential, commercial, and industrial structures, provided that:
(a)the structures meet the minimum standards adopted by the department;
(b)residential structures are constructed so that the lowest floor elevation, including basements, is 2 feet above the 100-year flood elevation;
(c)commercial and industrial structures are either constructed as specified in subsection (2)(b) or are adequately floodproofed up to an elevation no lower than 2 feet above the 100-year flood elevation. The floodproofing must be in accordance with the minimum standards adopted by the department.