PARK COUNTY FLOODPLAIN HAZARD MANAGEMENT …

1 park COUNTY FLOODPLAIN HAZARD MANAGEMENT regulations Effective March 30, 2017 Adoption Date March 30, 2017 1 March 2017 TABLE OF CONTENTS SECTION 1. TITLE, PURPOSE, AUTHORITY AND GENERAL PROVISIONS Title 4 Statutory Authority 4 Findings of Fact 4 Purpose 4 Methods to Reduce Losses 5 Regulated Jurisdictional Area 5 FLOODPLAIN Administrator 6 Compliance 6 Abrogation and Greater Responsibility 6 Regulation Interpretation 6 Warning and Disclaimer of Liability 6 Severability 6 Disclosure Provision 7 Amendment of regulations 7 Public Records 7 Subdivision Review 7 Disaster Recovery 8 SECTION 2.

2 DEFINITIONS 9 SECTION 3. FORMS AND FEES Forms 16 Fees 16 SECTION 4. REGULATED FLOOD HAZARD AREA Regulated flood HAZARD areas 17 Interpretation of Regulated flood HAZARD area Boundaries 17 Alteration of Regulated Flood HAZARD Area 18 SECTION 5. USES ALLOWED WITHOUT A FLOODPLAIN PERMIT WITHIN THE REGULATED FLOOD HAZARD AREA General 20 Open Space Uses 20 SECTION 6. PROHIBITED USES, ACTIVITIES AND STRUCTURES WITHIN THE REGULATED FLOOD HAZARD AREA Floodway 22 Flood Fringe or Regulated flood HAZARD area Without a Floodway 22 2 March 2017 SECTION 7. FLOODPLAIN PERMIT APPLICATION REQUIREMENTS General 24 Required FLOODPLAIN Permit Application Information 24 SECTION 8.

3 FLOODPLAIN PERMIT APPLICATION EVALUATION FLOODPLAIN Permit Application Review 26 Notice Requirements for FLOODPLAIN Permit Applications 26 FLOODPLAIN Permit Criteria 27 Decision 28 FLOODPLAIN Permit Conditions and Requirements 29 SECTION 9. DEVELOPMENT REQUIREMENTS IN THE FLOODWAY Uses Requiring Permits 30 General Requirements 30 Mining Of Material Requiring Excavation From Pits Or Pools 31 Railroad, Highway And Street Stream Crossings 31 Limited Filling For Road And Railroad Embankments 32 Buried Or Suspended Utility Transmission Lines 32 Storage Of Materials And Equipment 32 Domestic Water Supply Wells 32 Buried And Sealed Vaults For Sewage Disposal in Campgrounds and Recreational Areas 33 Public and Private Campgrounds 33 Accessory Or Appurtenant Structures 33 Construction Of Or Modifications To Surface Water Diversions 34 Flood Control And Stream Bank Stabilization Measures 34 Stream and Bank Restoration 36 Existing Residential and Nonresidential

4 Buildings 36 SECTION 10. DEVELOPMENT REQUIREMENTS IN THE FLOOD FRINGE OR REGULATED FLOOD HAZARD AREA WITH NO FLOODWAY Uses Requiring Permits 37 General Requirements 37 Residential Building, Exceptions and Additional Requirements 41 Non-Residential Building, Exceptions or Additional Requirements 42 SECTION 11. EMERGENCIES General 43 Emergency Notification and Application Requirements 43 3 March 2017 SECTION 12. VARIANCES General 44 Variance Application Requirements 44 Notice Requirements for FLOODPLAIN Variance Application 44 Evaluation of Variance Application 44 Decision 46 Judicial Review 46 SECTION 13.

5 ADMINISTRATIVE APPEALS General 47 Appeals Requirements 47 Notice and Hearing 47 Review of Appeals Application 47 Decision 48 Judicial Review 48 SECTION 14. ENFORCEMENT Investigation Request 49 Notices To Enter And Investigate Lands Or Waters 49 Notice To Respond And Order To Take Corrective Action 49 Administrative Review 49 Appeal of Administrative Decision 49 Failure to Comply With Order to Take Corrective Action 49 Other Remedies 50 Judicial Review 50 SECTION 15. PENALTIES Misdemeanor 51 Declaration to the Federal Flood Insurance Administrator 51 4 March 2017 SECTION 1.

6 TITLE, PURPOSE, AUTHORITY AND GENERAL PROVISIONS TITLE These regulations are known and may be cited as the park COUNTY Flood HAZARD MANAGEMENT regulations , hereinafter referred to as regulations . STATUTORY AUTHORITY 1. FLOODPLAIN and Floodway MANAGEMENT is incorporated in Montana Code Annotated (MCA) Title 76, Chapter 5 and describes the authority, procedures and minimum standards for local regulations and is further described in Montana Administrative Rule (ARM) 36, Chapter 15. 2. The authority to regulate development in specifically identified regulated flood HAZARD areas is granted under Section 76-5- 301, MCA. 3. Regulated 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 Section 76-5- 201, MCA.

7 4. Other authority for municipalities and counties to adopt FLOODPLAIN HAZARD mitigation regulations is granted pursuant to Sections 76-5- 101 through 76-5-406, MCA. FINDINGS OF FACT 1. Flood HAZARD areas specifically adopted herein as Regulated Flood HAZARD Areas have been delineated and designated by order or determination of the DNRC pursuant to Section 76-5- 201, MCA, 2. These regulations have been reviewed by DNRC and FEMA. DNRC has found these regulations acceptable in meeting the DNRC s minimum standards. The FEMA found that these regulations are adequate and consistent with the comprehensive criteria for land MANAGEMENT and use pursuant to the standards established in 44 CFR PURPOSE The purpose of these regulations is to 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.

8 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; 5 March 2017 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 7.

9 Ensure compliance with the minimum standards for the continued participation in the National Flood Insurance Program (NFIP) for the benefit of park COUNTY ( COUNTY ) residents. METHODS TO REDUCE LOSSES In accordance with Section 76-5- 102, MCA, 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.

10 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, Flood water 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.