(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) .