36.15.606 PERMITS FOR FLOOD CONTROL WORKS

(1) Since structural flood control works often significantly obstruct and affect floodway flow capacity, the following flood control measures shall be allowed within designated floodways subject to the issuance of a permit by the permit issuing authority and certification by a registered professional engineer of compliance with the conditions set forth in this rule:

(a) Flood control levees and floodwalls if:

(i) the proposed levees and floodwalls are designed and constructed to safely convey the base flood;

(ii) the cumulative effect of the levees and floodwalls combined with allowable flood fringe encroachments does not increase the unobstructed elevation of the base flood more than 0.5 of a foot at any point;

(b) riprap, except that which is hand placed, if:

(i) the riprap is designed to withstand the base flood;

(ii) the riprap does not increase the elevation of the base flood;

(iii) the riprap will not increase erosion upstream, downstream, or across stream from the riprap site;

(d) dams provided that:

(i) they are designed and constructed in accordance with approved safety standards, and the Montana Dam Safety Act;

(ii) they will not increase flood hazards downstream either through operational procedures or improper hydrologic design.

(2) The permit issuing authority may establish either a lower or higher permissible increase in the elevation of the base flood than that established in subsection (1) (a) (ii) for individual levee projects based on consideration of the following criteria:

(a) the proposed levees and floodwalls, except those to protect agricultural land only, are constructed at least 3 feet higher than the elevation of the base flood;

(b) the estimated cumulative effect of other reasonably anticipated future permissible uses;

(d) no detrimental impact occurs to existing or foreseeable development.

History: Sec. 76-5-208, MCA; IMP, Sec. 76-5-404 through 76-5-406, MCA; NEW, Eff. 9/4/74; AMD, 1989 MAR p. 1665, Eff. 10/27/89.