36.15.218    VARIANCES

(1) The permit issuing authority may grant a variance for the new construction, substantial improvement or alteration of an artificial obstruction that is not in compliance with the minimum standards contained in these rules only if:

(a) the proposed use would not increase flood hazard either upstream or downstream in the area of insurable buildings;

(b) refusal of a variance would because of exceptional circumstances cause a unique or undue hardship on the applicant or community involved;

(c) the proposed use is adequately floodproofed;

(d) reasonable alternative locations outside the designated floodplain are not available.

History: Sec. 76-5-405 and 76-5-406, MCA; IMP, Sec. 76-5-405 and 76-5-406, MCA; NEW, 1989 MAR p. 1665, Eff. 10/27/89.