36.15.204    LOCAL REGULATIONS - REQUIREMENTS

(1) Land use regulations adopted by a local political subdivision in conformance with the Act and these rules may include zoning, building codes, and subdivision regulations adopted pursuant to other enabling statutory authority, such as Title 76, chapters 1 and 3; Title 76, chapter 2, part 3; and Title 76, chapter 2, parts 1 and 2, MCA; as well as regulations adopted under the authority given in sections 76-5-404 through 76-5-406, MCA.

(2) Any land use regulations and administrative and enforcement procedures adopted to comply with the Act and these rules must include the following:

(a) A permit is required prior to the new construction, substantial improvement or alteration of any artificial obstruction;

(b) Regulations governing the granting of permits must be at least as stringent as the minimum standards contained in these rules;

(c) Provisions for providing notice to the department, adjacent property owners, and the public of proposed actions requiring a permit or variance in accordance with these rules. Notice shall be published in a legal newspaper published or of general circulation in the area and shall include a brief description of the proposed activity. There shall be a period not less than fifteen days following publication of notice to receive comment regarding the proposed activity for consideration prior to issuance of a permit or variance. If the responsible political subdivision determines that comments warrant it, a hearing may be held to determine if the proposed issuance or denial of a permit or the proposed issuance or denial of a variance is in accordance with adopted regulations and these rules.

(d) The approval of the department must be obtained prior to the approval by the political subdivision pursuant to ARM 36.15.216(3) of any permit application that is in variance with the adopted regulations and these rules;

(e) Copies of all permits and variances granted must be sent to the department;

(f) Before the regulations are effective, all known property owners within the designated floodplain and designated floodway must be notified by mail by the political subdivision that their property is located within the designated floodplain or floodway and is subject to regulation. This notification provision shall not apply to political subdivisions that have adopted building codes requiring permits for new construction or to municipalities or counties that have received flood hazard boundary maps or flood insurance rate maps from the United States department of housing and urban development or the federal emergency management agency;

(g) A disclosure provision requiring all property owners with property in a designated floodplain or floodway, or their agents, to notify potential buyers that such property is located within the designated floodplain or floodway and is subject to regulation;

(h) An official must be hired or appointed with the authority to review permit applications and proposed uses or construction to determine compliance with the Act, these rules, and the regulations adopted by the political subdivision.

(3) The regulations may also include the following:

(a) requirements that existing nonconforming uses be inspected and documented to insure future compliance;

(b) the imposition of a reasonable application fee for the processing of permit applications. The fee may cover the costs of providing public notice, processing permits and variances, and performing sufficient field inspections to ensure compliance with these rules.

History: Sec. 76-5-208, MCA; IMP, Sec. 76-5-302, MCA; NEW, Eff. 9/4/74; EMERG, AMD, Eff. 9/4/75; AMD, 1989 MAR p. 1665, Eff. 10/27/89.