36.15.701    ALLOWED USES

(1) All uses allowed in the designated floodway without a permit under ARM 36.15.601 shall also be allowed without a permit in the flood fringe.

(a) In addition, individual or multiple family subsurface sewage disposal systems are allowed only when they are reviewed and approved under laws and regulations administered by the department of health and environmental sciences or the local health board.

(2) All uses allowed in the designated floodway subject to the issuance of a permit under ARM 36.15.602 through 36.15.604 and ARM 36.15.606 shall also be allowed in the flood fringe subject to the issuance of a permit.

(3) In addition, structures including, but not limited to residential, commercial, and industrial structures, and suitable fill shall be allowed by permit from the permit issuing authority within the flood fringe subject to the following conditions and the requirements of ARM 36.15.702 and 36.15.901 through 36.15.903:

(a) Such structures or fill must not be prohibited by any other statute, regulation, ordinance, or resolution;

(b) Such structures or fill must be compatible with local comprehensive plans, if any;

(c) Roads, streets, highways, and rail lines shall be designed to minimize increases in flood heights. Where failure or interruption of transportation facilities would result in danger to the public health or safety, the facilities shall be located 2 feet above the elevation of the base flood;

(d) Public or private structures and facilities for liquid or solid waste treatment and disposal must be floodproofed to insure that no pollutants enter flood waters. These facilities must be allowed and approved under laws and standards administered by the department of health and environmental sciences prior to any approval given by the permit issuing authority; and

(e) Agricultural structures that have a low flood damage potential such as sheds, barns, shelters, and hay and grain storage structures must meet the requirements of ARM 36.15.602(9) .

History: Sec. 76-5-208, MCA; IMP, Sec. 76-5-402, 76-5-404 through 76-5-406, MCA; NEW, Eff. 9/4/74; AMD, 1989 MAR p. 1665, Eff. 10/27/89.