HomeMy WebLinkAboutH1. Policy Discussion
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Craig Woolard, Public Works Director
Brian Heaston, Senior Engineer
SUBJECT: Bozeman Creek and tributaries draft floodplain maps and land use/policy considerations related to development occurring in the floodplain.
MEETING DATE: January 25, 2016
AGENDA ITEM TYPE: Policy Discussion
KEY ISSUES AND RECOMMENDATIONS: FEMA has prepared draft floodplain maps for
Bozeman Creek and its tributaries that will replace outdated floodplain maps. The draft maps must proceed through a formal public review and appeal process which is anticipated to take the next 18–24 months before they can be officially adopted by future Ordinance of the City. The
draft maps were developed utilizing best available data and modern engineering methods and
accurately depict floodplains for the flood sources studied: Bozeman Creek, Mathew Bird Creek,
Nash Spring Creek, Flat Creek, and Mill Ditch Diversion. Once officially adopted, these draft floodplains will replace the outdated floodplains shown on the effective floodplain maps which
were delineated by studies conducted in the mid 1970’s and mid 1980’s.
The future ordinance that will officially adopt the new maps must reflect current floodplain rules
and regulations promulgated by the State of Montana and FEMA. The state has prepared a ‘model ordinance’ which meets state and federal rules that the City can use as a template in
preparing its local floodplain regulations to the satisfaction of current state and federal rules.
The state’s model ordinance (attached) is expansive so it will take time and measured approach
to review and incorporate the model regulations into the City’s code structure. A working group
comprised of appropriate federal, state, and city staff is currently being contemplated to work through a wholesale update to the city’s local floodplain regulations.
Over the interim period leading up to official adoption of the maps, Staff recommends the below-
described actions to occur. Additional discussion concerning the implications of these
recommendations is provided in the background section of this memorandum. We are not requesting official action be taken on these items now as policy discussion must occur first to set
the proceeding direction for Staff.
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• Maximize the protection of public health, safety, and welfare by immediately recognizing
the draft floodplain maps for regulatory purposes during the interim period until official
map adoption.
• Create redevelopment flexibility by immediately removing the local limitation that residential structures in floodplains be elevated on fill and thereby allow elevating to
occur by other means.
• Modify immediately the City’s local floodplain variance procedures to reflect federal and state requirements in the model floodplain ordinance.
• Endorse the working group process to update the City’s floodplain regulations.
BACKGROUND: Building on the January 11, 2016 flood hazard overview special presentation, the City Commission will be presented with draft floodplain maps prepared by FEMA for the Bozeman Creek and Tributaries floodplain mapping project. Flood sources being
mapped by this project are limited to: Bozeman Creek, Mathew Bird Creek, Nash Spring Creek,
Flat Creek and Mill Ditch Diversion. These draft maps will eventually replace the floodplain
maps that are currently effective for these flooding sources. It is worth mentioning that no new flood sources are being mapped with this project; nor are any updates occurring to the floodplains of Bridger Creek and East Gallatin River.
Floodplain maps are utilized by the City to administer its floodplain regulations, to communicate
flood risk to property owners, and by lending institutions and insurance agents to determine flood insurance requirements and premiums. Floodplain mapping is a component of the National Flood Insurance Program administered by FEMA. The accuracy of floodplain maps is important
for the proper administration of regulations and the equitable determination of insurance
requirements and policy rates. The City’s local floodplain regulations are codified in Bozeman
Municipal Code Chapter 38.31. These local regulations must be consistent with state statute, state administrative rules, and federal rules in order for federal flood insurance to be made
available to properties within the City when new floodplain maps are adopted.
Floodplain maps for Bozeman Creek and its tributaries, as well as Bridger Creek and the East
Gallatin River, were first prepared from data compiled in the mid 1970’s. Floodplains of select Bozeman Creek tributaries were extended upstream in the mid 1980’s. Data and engineering
methods utilized to map the floodplains for Bozeman Creek and its tributaries are now 30 – 40
years old and are outdated. Floodplains of Bridger Creek and the East Gallatin River were
restudied in the mid 2000’s and thus are not a part of the current mapping project.
Over the past 3 years, FEMA has acquired and analyzed new data to complete draft floodplain
maps that update the floodplains for Bozeman Creek and its tributaries. The draft floodplains
may be viewed by visiting FEMA’s online web map, a user-friendly portal for the public to
access. FEMA hydraulic work maps depicting the draft floodplains are also attached to this
memorandum. Key statistics will be presented to the Commission during the January 25, 2016 meeting regarding the number of properties and buildings newly mapped into the floodplain.
Exhibits illustrating this information will be handed out to the Commission and be available to
the public at that time.
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The floodplain maps are currently in draft form and have not yet initiated the public review and
appeal process. FEMA and DNRC staff will present the Commission with the ‘map adoption’
process - its milestones, and timelines - that must take place in order for the maps to move from
their present draft status to final maps that are officially adopted by Ordinance. This process is currently estimated to take the next 18-24 months to complete.
The draft floodplains were developed using best available data and modern engineering methods.
Floodplains shown on the currently effective floodplain maps were developed 30 – 40 years ago
and are outdated. The City is currently required by BMC Chapter 38.31 to administer its floodplain regulations to the effective, yet outdated information. The health, safety, and welfare
of the public, however, is better served and protected by recognizing the draft floodplains for
regulatory purposes over the 18-24 month interim period that is leading up to official map
adoption.
Recognition of the draft floodplains for regulatory purposes is recommended by Staff, but is a
policy decision that the Commission must weigh. We are not requesting that action be taken at
the January 25, 2016 meeting. However, we do request that the Commission discuss this policy
matter and provide direction concerning its willingness to take formal action at a later time to
recognize the draft floodplains over the course of the interim period.
In its discussion, the Commission should understand the practical implications of what it means
to have property located in a floodplain and how such property can, and in many instances
cannot, be (re)developed. Local floodplain regulations must reflect rules imposed at the state
and federal levels in order for flood insurance to be made available to properties in the City. These rules protect life and property, are largely rigid, and do not allow for much flexibility as
the consequences of major flooding can be perilous. Important regulatory concepts and their
implications are presented below.
• New building construction is prohibited in the regulatory floodway => May render some existing tracts of land undevelopable; footprint additions to existing structures in the
floodway require detailed engineering analysis to prove they do not obstruct flood waters
or increase the flood elevation.
• Substantial improvement to existing residential structures in the floodplain or floodway must obtain a floodplain development permit and be elevated 2’ above the flood
elevation. => Disputes concerning determination of ‘substantial improvement’ are likely;
practical difficulties of elevating existing structures in a dense urban and historic
neighborhood; significant construction cost increase.
• Substantial improvement to existing commercial structures in the floodplain or floodway must obtain a floodplain development permit and be elevated or flood-proofed 2’ above
the flood elevation. => Disputes concerning determination of ‘substantial improvement’
are likely; practical difficulties of raising or flood-proofing structure particularly for
historic buildings; significant construction cost increase.
• Variances to floodplain regulations may be granted by the Commission. => The granting
of a variance can remove specific regulatory requirements that are purposed with
protecting life and property.
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• New floodplain crossings (e.g. streets, pedestrian trail bridges, etc.) or stream restoration
projects that encroach into the floodway must undertake an extensive engineering
analysis to prove that the crossing or restoration does not increase the flood elevation. Increases in flood elevation are allowable, but must be approved by FEMA before the crossing or restoration project can begin. In many cases increases in flood elevation are
unavoidable for these kinds of projects. Furthermore, and regardless of whether an
increase in the flood elevation occurs or not, a Letter of Map Revision (LOMR) must be
approved by FEMA to revise the floodway extents if any floodway changes occur. => The FEMA LOMR process is very time consuming and adds significant expense to crossing projects.
The state has developed a ‘model ordinance’ to assist communities in developing floodplain
regulations that meet state and federal requirements. This model ordinance is expansive and is attached. The City’s current floodplain regulations are in need of an update. Since the draft floodplain maps must be officially adopted by ordinance, Staff recommends that a wholesale
effort to update its floodplain regulations be initiated now. A working group consisting of
federal, state, and City representatives is currently contemplated to work through the ordinance
update process. ALTERNATIVES: As Suggested by the Commission.
FISCAL EFFECTS: Not included with this Special Presentation.
Attachments: FEMA hydraulic work maps depicting draft floodplain areas State model floodplain ordinance
Report compiled on January 19, 2016
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CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
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DATA FRAME PROPERTIES:
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CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
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CITY OF BOZEMANHYDRAULICWORKMAP
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Bozeman Map 5
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
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Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
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!"4790.6
!"4804.3
!"4810.9
!"4806.5
!"4789.8
!"4792.1
!"4789.1 !"4789.6
!"4797.0
!"4800.5!"4800.4
!"4796.7
!"4794.8
!"4797.9
!"4802.9
!"4802.7
!"4802.0 !"4802.5
!"4794.0!"4793.7
!"4800.4
!"4800.6
!"4789.1
!"4799.1
!"4805.0 !"4805.2
!"4810.2!"4809.7 !"4810.0
!"4807.4!"4809.8
!"4799.4
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!"4813.9
!"4814.0W 9573
7394
7334!"4787.2!"4788.4
Bozeman Creek
Bozeman Creek Wallace Avenue SplitWallace Avenue SplitMAIN ST
S CHURCH AVEN CHURCH AVEN CHURCH AVENUEN ROUSE AVE!(86
!(86
S ROUSE AVE£¤MAIN STREET191 £¤191
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
E LAMME ST
E MENDENHALL ST E MENDENHALL ST
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
DAVIS ST
4810
N BLACK AVENUEN BOZEMAN AVENUEN MONTANA AVENUEE LAMME ST
WALLACE AVENUE4790 479
0
48004800
4800
E SHORT ST
N TRACY AVENUEN TRACY AVENUEN BLACK AVENUEN BOZEMAN AVENUEPERKINS PLFRIDLEY ST
E BEALL ST
E VILLARD ST
Bridge
Bridge
Bridge
Bridge
Bridge
Culvert
1-Percent-Annual ChanceDepth is less than 1 footalong Church AvenueSplit from confluencewith Bozeman Creek toRS 2919
RAILROADChurch Avenue SplitBozemanCreekChurch Avenue Split4810
4800
4810
4800
481048004810
48104800
48004790
4790
48104810479048
0
0
4810
4810
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 6
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
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Q 64
9
7
634
2
4869
63316509 33635491 347964
1
0
61
6
3
6560
433
0
L 4077
4818 31786083 J 3058M 4536
301
8
4486
52635307O 5603
5865
N 5207
5864
5655
P 5973
293
7
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4
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9
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8
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4770
477
0
C I T Y O F
C I T Y O FB O Z E M A NB O Z E M A N
RAI
L
R
O
A
DFRONT STREETN BROADWAY AVEN BROADWAY AVE£¤191
Mill Ditch
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N RAILROADRAILROAD
£¤191
E LAMME ST
R
E
E
T
VILLAGE DOWNTOWN BLVD479048104800 481
0
48304820
4830482048304830 48204810
478
0
4800
47
9
0
4780
477
0
47
7
0
47804800 480047904780
47
7
0
4790483048204810PLUM AVENUEIDA AVENUEE MENDENHALL ST
CYPRESS AVEFRIDLEY ST
FRIDLEY ST
DAVIS STREET
1%-ANNUAL-CHANCEFLOOD DISCHARGECONTAINED INSTRUCTURE
Bridge
Culvert
1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTURE
Footbridge
1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTUREMill DitchMill Ditch
4790
4790
4800 47804800
481048
1
0 47804770
480048004800477
0
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 7
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
íííí
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8
8458T 847
6 Q 64
9
7
634
2
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8561 63317770
8745
650
9
64
1
0
6560
8668G 34497086
6604
H 360135412824
6930F 2919
R 691510202
6615
6778
9965Z 10970
3176X 990510951
11561
11043
11204
9721
Y 10582
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1
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5
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!"4811.5
!"4811.9
!"4817.5
!"4826.8
!"4816.4
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!"4826.3
!"4835.4
!"4827.7
!"4829.4
!"4813.9
!"4821.7
!"4832.6!"4834.7
AA 11367
11423C I T Y O F
C I T Y O FB O Z E M A NB O Z E M A N Church Avenue SplitE OLIVE ST
S ROUSEAVENUE
S CHURCH AVENUE4820
S CHURCH AVEE STORY ST
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A NS BOZEMAN AVENUE48904850
4860
4870
4880
48904900
49104880487048604850483048204820
4820
48504870E BABCOCK ST E BABCOCK ST
E CURTISS ST E CURTIS STE KOCH ST LINDLEY PLACES BOZEMAN AVENUEDELL PLBOGERT PL
Culvert
Culvert
Footbridge
Footbridge
Bridge
Bridge
1%-ANNUAL-CHANCE FLOOD DISCHARGECONTAINED IN STRUCTURE
Culvert
Mill Ditch
1-Percent-Annual ChanceDepth is less than 1 footalong Church AvenueSplit from confluencewith Bozeman Creek toRS 2919
Mill Ditch
Bozeman Creek
Mill DitchBozemanCreek48304820
4840482048104830
48304830 48104830
48304830
484048204830GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 8
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))
))))))))))))))))))))))))))))íí))))))))))))))))))))))))))))))))))))))))íííí ííV 9226
C 920
867 398384A 593417092
1
1
1018
622
B
5
4
1 4659052
A 24
5
C 1006
8745
9018
C 826
F 1689
B 2
7
9
A 1932032
8668
2231
1754
B 1005
G 2220 648834
757
A 45
665
80
U 8938
516
1696 B 748751
B 354157
12135224
AB 11781
1843
258
1431
1581
1833
AD 12350
1453
E 1427
1476
11927
1471
1239
1330
1199
12088
122791245 12402AC 12267
D 1154
12790
1149
14737
AG 13932
AE 12960
13322
AH 14471
AI 15162
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11829
A 59613805
14205
13683
13969
12997
13696
13624
AF 13506
13553
S CHURCH AVE
4840Gallagator Split
Mill Ditch
Mathew Bird Creek
Rouse Avenue SplitBozemanCreek
SCHURCHAVEC I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
CLEVELANDSTREET ROUSE AVE
ICE PONDROAD
S BLACKAVES BLACK AVES TRACY AVEBozeman Creek
COLLEGE AVE
4910
484048504860487049304950496049704950
49
4
0
49
3
0
492
0
49
1
0
48
9
0
4
8
7
0 48504870C I T Y O FC I T Y O FB O Z E M A NB O Z E M A NS TRACY AVEE ANDERSON ST
E HARRISON STREET
E DICKERSONAVE DELL PLS MONTANA AVE1%-ANNUAL-CHANCE FLOOD DISCHARGECONTAINED IN STRUCTURE
1%-ANNUAL-CHANCE FLOOD DISCHARGECONTAINED IN STRUCTURE
Bridge
Footbridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Footbridge
Bridge
Bridge
Bridge
Bridge
1-Percent-Annual ChanceDepth is less than 1 footalong Lower Black Splitfrom RS 541 to RS 1164
1-Percent-Annual ChanceDepth is less than 1 footalong Garfield Street Splitfrom confluence withRouse Avenue Split toRS 974
1-Percent-Annual ChanceDepth is less than 1 footalong Rouse AvenueSplit from confluence ofLower Black Split to RS 4452Mathew BirdCreek
Garfield Street Split
Lower BlackSplit Mill DitchMathewBird Creek
Bozeman Creek
Bozeman Creek
4840
48504850
48604860
48
8
04840
4860
486048504860
4860
490
0
4
8
6
0
48704860 48504850
4850
484
0
48404
8
4
0
4
8
8
0
48604860 486048
5
0
485048
6
0
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 9
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))))))))))))))))))))))))))))))))))
))))))))íí íí1427
1513
D 1639
1710
1707
2451
329
1018
D 2065A 71
239
2536
1399
C 1489
3143
1090
2752
C 1005
B 314
E 1459
1243
D 1266
F 3062
A 106
E 2636
C 826
1371
2262
D 11172231
1164
4384
G 2220
1212974
I 2789
15770
2418
10402455H 2450
15704
AK 15842
16965
2506
25112479
15686
AM 16704
30
9
7
AN 17312
J 3109
15848
17327
16671
AL 16299
AJ 15545
14737
K 3508
3918
L 4057
15610
4145
15574
AI 15162
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!"4866.7!"4867.0
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!"4886.9
!"4883.4
!"4864.2
!"4
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!"4872.9
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!"4874.6
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!"4860.2
!"4877.2
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C I T Y O F
C I T Y O FB O Z E M A NB O Z E M A N S CHURCH
AVE
Mathew Bird Creek
STRACYAVE
S MONTANA AVEBlack Avenue Split
Mathew BirdCreek
MathewBird Creek LowerBlack Split GarfieldSplit
Flat Creek
Bozeman Creek
E GARFIELD STREET
S BOZEMAN AVENUEE LINCOLN STREET
W MASON ST S ROUSE AVENUE48904900491049204930494049504870487048804870
48904890
G A L L A T I NG A L L A T I NC O U N T YC O U N T YS BLACK AVEE MASON STREET
Bridge
1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTURE
Bridge
Bridge
Culvert
Bridge
Bridge
Bridge
Bridge
Bridge
1-Percent-Annual ChanceDepth is less than 1 footalong Rouse AvenueSplit from confluence ofLower Black Split to RS 4452
1-Percent-Annual ChanceDepth is less than 1 footalong Garfield Street Splitfrom confluence withRouse Avenue Split toRS 974
1-Percent-Annual ChanceDepth is less than 1 footalong Lower Black Splitfrom RS 541 to RS 1164
1-Percent-Annual ChanceDepth is less than 1 footalong Black Avenue Splitfrom confluence withGarfield Street Split toRS 2545
1-Percent-Annual Chance Depthis less than 1 foot along TracyAvenue Split from confluence withMathew Bird Creek to RS 572
1-Percent-Annual Chance Depthis less than 1 foot along TracyAvenue Split from confluence withMathew Bird Creek to RS 572 Rouse Avenue SplitTracyAvenueSplit
Bozeman Creek Rouse Avenue SplitBlack Avenue Split48704870488
0
4870 48704
8
8
0 490048704870
4
8
7
04880
4
88
0
4870
488048704
8
8
0
4880488048904
8
7
0 48704880
4
8
7
0
48804890
486048
6
0
4880
487
0
4870
48804900487048804870488048
9
0
48
8
0
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 10
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
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))))))))))))ííA 15B 280C 840 395514
2043
D 1639
1710
322414
A 279B 686329
1962
901B 572
3
1
4
754 25765951772 459
A 318
D 1324
M 4616
6897
6707
6774 117392 1584384
216S 6639
6646
R 64
1
9
12
1
4
2753
C 59
6
642
6
1611
2530
6780
65581424 6118 6063P 5884
6843
6252
4955
6156
2719
E 14
3
1
2800
G 2689
2711
27
0
0
6905
E 1890
6196
6348
6246
93
7
64
4
7
6526
6479
6070
Q 61
5
1945
21986551
6472
A 189N 5050
C 1
0
7
9
F 19
6
2
837
880
1862D 886
1791
1268 51445747
O 5414
1808
5117
5582 !"4895.0!"4898.0!"4897.8 !"4898.2!"48
9
9
.
6
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9
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!"4909.3!"4890.9
!"4
9
2
4
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7
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!"4896.7!"4909.7!"4909.0!"4907.8
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9
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C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
Tracy Avenue Split
Mathew Bird Creek
Flat /Kagy Split
Figgins Creek
Figgins Creek
Figgins CreekMathewBird Creek
Mathew Bird Creek
BlackAvenueSplit
FigginsTRACY AVE
GREEK WAYWILLISON AVES BLACK AVE
W KAGY BLVD W KAGY BLVD3RD AVENUE3RD AVENUESPRING CREEK DRHOFFMA
N
D
R
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y 489048904890491049204930
492049204920
4920
494049304920490049204930CreekSplit
S TRACY AVENUE
HILL ST HIGHLAND CTHILL ST FAIRWAY DRBridge
Bridge
Culvert
Culvert
Culvert
Culvert
Bridge
Bridge
1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTURE
Bridge
BridgeBridge
Bridge
Bridge
Bridge
Bridge
Bridge
1-Percent-Annual Chance Depthis less than 1 foot along TracyAvenue Split from confluence withMathew Bird Creek to RS 572
1-Percent-Annual Chance Depthis less than 1 foot along BlackAvenue Split from confluence withGarfiled Street Split to RS 2545
1-Percent-Annual Chance Depthis less than 1 foot along 3rd / KagySplit from just upstream of RS 279to RS 901
MuseumSplit
FigginsCreek
3rd / Kagy
49204890491049004910 49004900
49104900489
0
49
1
0
4900
490049104900
4910 490049104910491049
0
0
4910
48
9
0
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 11
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))íí))))))))))))íííííí))))
)
))
)íí
íí324
8
3188
3
1
4
1557
3812
33
2
2
3980396
4
D 1561
1463
C 106
9
1312
B 610
J
3
3
6
7
392
1238
3
6
9
0
I 3047
3
4
0
4
34
6
7
2753
2897
2991
2530
3
9
7
0
79
8
906
H 2817
2719
2800
G 2689
2711
27
0
0
3633
467
5
3682
4263 2198K 3576A 189L 4026!"49
2
8
.
3!"4
9
2
6
.
9!"4
9
2
4
.
7
!"4938.6
!"4935.
5 !"49
2
9
.
2
!"4936.9!"4937.0!"4938.9
!"4938.0
!"4934.
0
!"4937.4
!"4929.1
!"49
2
9
.
8
!"4925
.
7
!"4936.5
!"49
3
5
.
0
!"4926.5
!"4929
.9
!"493
1
.
6
!"4921.5
!"4923.7!"4924.6
!"4918.8
!"49
3
7
.
2
!"4931.2!"4932.3
!"4922.2
!"4921.4
!"4922.0
!"4920.9
!"4921.3
!"4921.2
!"4935.0
!"494
7
.
0
!"4935.0
!"4941.0
!"491
4
.
2
!"4934.
9 !"4922.4!"4940.7F 1962!"4914.4!"4914.41862C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
Figgins CreekFigginsCreek
Figgins CreekFiggins3RD AVENUEC I T Y O FC I T Y O FB O Z E M A NB O Z E M A NS 7TH AVEWESTRIDGE DR
S 3RD AVENUELANGOHR AVE49204920
4920496
0
4950
4950
4950496049504940
49404940 493049304930492049304
9
4
0
494049304950
4950
4950495049404950
4960CreekG A L L A T I NG A L L A T I NC O U N T YC O U N T Y
CUTTING STREET
MORROW STREET
SPRING CREEK DR CIRCLE DRWESTRIDGE DRIVEOPPORTUNITY WAY
HILL ST
Bridge
Bridge
Bridge
Culvert
Culvert
1%-ANNUAL-CHANCEFLOOD DISCHARGECONTAINED INSTRUCTURE
1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTURE
BridgeMuseum Split
MuseumSplit
49204930
4930
4940494049304930
49504950
49304940
49404930
4940GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 12
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
ííííííM 5005
5017
5882
6882 N 5
86
4
5155
O 6643
6460
6112
5567
6766
!"4952.3!"4953
.
0
!"4966.
0
!"4981.6
!"4965.5
!"4954.6
!"4976.6
!"4975.6
!"4971.0
!"4961.1
!"4978.2
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
ARNOLD DRIVE
WESTRIDGE STREETSECOR AVENUEGRAF STREET
BROOKDALE DRBROOKDALE DR 3RD AVENUEC I T Y O F
C I T Y O FB O Z E M A NB O Z E M A N
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
49904980
4980
4980 49804990498049704970 496049604970
FIELDSTONE DRTESLOW DRRITTER DRGARDENBROOK LNHILLCREST DRSUMMERSETDRIVECulvert
Culvert
1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTURE
Figgins CreekFiggins Creek49804970498049804980498049804970 496049804980
49804980
49
8
0 4970GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 13
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
ííííS 9071
P 74
8
4
7336
7498
8363
7602
8856
7681
Q 7727
84927747
R 8618
7946
7832
!"5014.3
!"4990.6
!"4990.1
!"4991.3
!"5003.5
!"4991.4
!"5012.2
!"4993.1
!"4994.7
!"5007.1
!"4995.6
!"5008.7
!"4997.0
!"4995.8
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A NFiggins CreekSUMMERSET DRHILLCREST DRALDER CREEK DRMADRONA LNALDER CREEK DR
CAMBRIDGE DRSUMMERSET DRC I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
5000
4990 49905000
5000
5000
5
0
1
0
5
0
1
0
50205010
5010
5020 SPRING RIDGE DRSUMMER VIEW LNGARDENBROOK LN1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTURE
Culvert
Figgins Creek5000
5000501049904990
5010GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 14
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))))))))))))))
))))))))))))íí))))))))))))íííííííí))))))))))))ííB 1191
A 336
F 2695
3832
205
2411
B 697E 2318
H 42112545
2
932
1123
I 476912701002
G 3545
951939
116
47277714452
942
616
869
F 2076
900
G 2972 86657
955C 12994391319482B 723
A
4
0
43380
45
3
3
1344
556
A 35620605
1893817731
19609
AU 2047618783
17713
17601
849
AO 17686
2014118765
19369
19152
1411
AS 19387
D 1
5
9
2
17616
1702
17494
AT 19933B 755
403
1004
C 1066
10
6
2
AR 19042
19031
AQ 18
5
5
9
!"4902.7
!"4893.0
!"4901.5
!"4897.0
!"4892.3
!"4895.8
!"4909.2
!"4894.7
!"4900.4!"4898.5
!"4903.5 !"4901.4
!"4911.4
AP 18140
!"4904.2!"4905.1!"4899.
2
!"4892.7!"4898.4!"4898.0
!"4891.0
!"4903.9!"4896.6!"4902.3
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!"4897.
1
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!"4897.
2
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!"4890
.
6
!"4899.1
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6
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0
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8
9
7
.
0
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2
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8
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!"4896.5!"4886.0!"4901.8
!"4909.0
!"4895.8
!"4885.9
!"4884.2
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0
6
.
3
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0
9
.
8
!"4885.1
!"4909.
8
!"4883.3
!"4904.3
!"4912.9
!"4894.6
!"4906.5!"4907.0
!"4907.0
!"4898.1!"4897.8!"4897.2
!"4893.7
!"4889.7
1808!"4912.1 E 1890
!"4911.1 1791A 318!"4906.8
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
Flat CreekFlat CreekGolf Course Spli
t
Bozeman Creek
Bozeman Creek
ACCOLA DR
E KAGYBLVDS ROUSE AVENUES
O
U
R
D
O
U
G
H
R
D
S
O
U
R
D
O
U
G
H
R
D
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
E KAGY BLVD
E KAGY BLVD
4890
49
3
0
4
94
0
4
9
5
0
4960
497
04980 499
0 5000
5010
5020
50
3
0
5040
5050
50605070506050505040501049904980497049604950494049304920491050805090 5070506049204910
4940
LOMAS
DR
K
N
A
A
B
D
R
KEN
Y
O
N
D
R
Culvert
Culvert
Culvert
Culvert
Bridge
Bridge
Culvert
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
1-Percent-Annual ChanceDepth is less than 1 footalong Black Avenue Splitfrom confluence with GarfieldSteet Split to RS 2545
1-Percent-Annual ChanceDepth is less than 1 footalong Rouse Avenue Splitfrom confluence with LowerBlack Split to RS 4452
Kagy / Rouse SplitFlatCreek490049104910491049004900
489
0
4900
49304930490049104880489049
2
0
491
0 48904910
4910
4
9
0
0
4900
492
0
4910
49
0
0 49004
9
1
0
4890
4930489049
1
0
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 15
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
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F 2076
T 7017 482H 283270236897
2269 A 3567224
G 24
6
4
D 1654
1436
8033
2653
K 4282
6965
1564
2471
2840
9551
32
6
1
2982
943
7454
U 7448
7819
I 3268
7892
Y 9245
6905
8233
7971
3929
C 1266
Z 9834
7726
8372
7826
M 2642
8173
7861
2773
L 2513
8013
7483
8165
2996
8597 I 159136
3
1
2516
8029
2576
3652
7640
7513
160
1
3797
8316
7506
2375
N 2843
J 3948
1084
7531
!"4923.1
V 7918
3485
B 755
141936
8
8
2848
7586
264887157535
O 3110
8018
3119
8771
3746
1919X 8835 850737218461
2293K 2288
8428
2244
8323
8728 7622J 22
0
0
W 8422
8499
2209
8842
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1
3
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9
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9
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5
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!"4916.7
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6
!"4919.6
!"4913.2
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!"4913.0
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6
!"4924.6
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!"4916.3
!"4936.6
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7
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4
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8
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6
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0
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8
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!"4928.3
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6843!"4911.6
!"4923.2
!"4926.2
!"4937.5 4480
!"4935.844514381!"4935.4C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
Flat Creek
CourseSplitMathew Bird Creek
Mathew Bird Creek
Mathew Bird CreekS 3RD AVENUEG A L L A T I NG A L L A T I NC O U N T Y
C O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
SPRING CREEK DRFAIRWAYDRIVEARNOLD ST
WESTRIDG
E
D
R4940
4960495049404930493049304970
49604920
CIRCLE DRHIGHLANDCOURTHENDERSON ST SPRING MEADOW DRBridge
Bridge
Bridge
Bridge
Culvert
Culvert Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Culvert
Culvert
Bridge
Bridge
Bridge
Culvert
Culvert
Bridge Bridge
Bridge
Culvert
Bridge
Bridge GolfFlat CreekFlat Creek
Nash SpringCreek
4930 4910493049304940
4930
4930
4930
494049204
9
3
0 492049204920
4930495049304
9
1
0
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 16
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
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))))))))))))))))íí5490
5429
5201
12071
5359
11820
AC 11625
O 556649145002
5551M 5031AB
1
1
0
8
0
11704
117121205312100
54374808
12179
11354
12278
11228
10921 3456N 5384L 483011096
11204
Z 9834
11198
4767
3272
12185 464410944
11238
2996
12135
P 3392
11139
3428
12131 357143813396
Q 345112012 4451405410593
11957
A
D
1
1
9
5
2
12075
12158
10223
O 3110
3119
U 4609
12017 11980
10708
10558
4415
10510
AA 10488
!"4946.9
!"4946.7
!"4943.4
!"4945.7
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!"4954.3
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!"4940.2!"4940.5
!"4947.8!"4942.0!"4949.3
!"4956.2
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!"4945.6 !"4939.6!"4946.7
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!"4937.9
!"4960.5
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7
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9
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!"4960.2
!"4939.1
!"4949.
7
!"4939.4
!"4960.2 !"4940.5!"4935.4!"4939.3!"4939.5!"4958.7
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!"4945.7
!"4943.7
!"4950.2
!"4943.7!"4942.4
!"4937.5 4480
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
Mathew Bird Creek
NashSpringCreek
F
l
a
t
C
r
e
e
k
Mathew Bird Creek
Mathew Bird Creek
Fl
a
t
Flat Creek
GRAF STREET
S 3RD AVENUECOLTER AVEMATHEW BIRD CIRWAGONWHEEL ROADNOSTALGIA LN GRAF STREET
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I N
G A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y 496049804980
4990
4970
4970
4970
497049704960
49704
9
4
0
49604960
49
6
0
496049904940G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
HENDERSON ST
SILVERWOOD DR
LEXINGTON DR
CONCORD DR
FIELDSTONE DRLANGOHR AVESPRING MEADOWS DRNASH CREEK RD
Culvert
Bridge
Bridge
Bridge
Culvert
Culvert
Culvert
Culvert
1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTURE
Bridge
Culvert
Bridge
Bridge
Bridge
C
r
e
e
k
Bridge
496049504940 4
9
4
0
4950494
0
49
5
04940
4950
49504940
4
9
4
0
4
9
4
0
495049704960 4950GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 17
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))))))))))))))))))))))))))))))
))))))))))))))))
))))))))))))
14706
14634 20114644
14668 AJ 14697
14042314801525 451AI 142
8
7
B 379
912
1198
202
759
A 98
12278
14409
14294
13136
12566
794
12569
13295
13196
12418
12992
AE 12412
13075
13466
12718
13202
13688
AG 13370
12496
13569
13081
13579
AH 13851
12919
13864
13377
AF 12924
13948
14014
14073
14022
!"4989.9
!"4988.6 !"4981.0!"4989.5!"4989.6!"4989.8
!"4987.7
!"4981.0
!"4991.2 !"4988.1!"4981.0!"4984.0
!"4985.9
!"4982.6
!"4985.5
!"4983.2 !"4981.0!"4981.9
!"4960.9
!"4985.7
!"4984.3
!"4970.0
!"4964.3
!"4981.9!"4964.6
!"4972.4
!"4971.7
!"4962.5
!"4968.8
!"4961.9
!"4969.5
!"4973.4
!"4966.3
!"4972.0
!"4976.0
!"4972.6
!"4962.9
!"4974.5
!"4969.8
!"4975.0
!"4977.9
!"4968.2
!"4978.1
!"4972.9
!"4968.3
!"4979.1 !"4980.2!"4980.7
!"4980.4
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
Mathew Bird Creek
Mathew Bird Creek
Mathew Bird CreekWAGONWHEEL ROADWAGONWHEEL ROADW FIELDVIEW CIR
BUNGALOW LN
WAGONWHEEL ROAD
OXFORD RDSTANFORD DRW FIELDVIEW CIR GRAF STREETC I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y 49904990 49905000
500050005010
50105020
4990
4980
4980
49804970
50004970G A L L A T I N
G A L L A T I NC O U N T YC O U N T Y
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
SILVERWOOD DR
PRINCETON PL
CORNELL DRIV
E
NASH CREEK RD
ARCADIA LN
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Peace PipeSplit49704980498049
7
0
498049
7
0
4980
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 18
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))))))
)
)
)
)))))))))íííí 1165D 1180
1023
2527278626831404
C 792
28732877
15773
15247
AK 15481
17137
2329
17125
15911
15713
1829
2063
235
8
16192
AL 1607
5
16961
1624
16
3
5
5
AM 163
6
2
1675
16791
AN 16796
16089
!"4999.3!"4999.4
!"4996.6
!"500
1
.
2
!"5002.4!"5002.4!"4987.7
!"4991.7
!"500
4
.
4
!"5
0
0
4
.
5
!"5004.4
!"4997.4
!"5000.3
!"5022.8
!"4998.8
!"5022.0
!"5004.7
!"5002.6
!"4991.4
!"4995.1
!"5000.6
!"500
7
.
1
!"5005.3
!"5020.1 !"4989.3
!"501
0
.
8
!"5011.5!"4991.3!"5018.5
!"50
1
8
.
8
!"5005.7
!"5014.
9
16626
C I T Y O F
C I T Y O FB O Z E M A NB O Z E M A N
Mathew Bird Creek
Mathew Bird Creek
Rain Roper Split
Mathew Bird Creek
WAGONWHEEL ROAD
GO
L
D
M
E
D
I
C
I
N
E
W
A
Y RAM ROPER DRPEACE PIPE DR
PEACE PIPE DR
GRAF ST
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
5020
500050105020502050205
0
3
050305030
5030
5
0
3
0 5020503050105010
5010
502
0TRAILS EN
D
R
D
WHIT
E
E
AG
L
E
C
IR
CENTENNIAL TRL1%-ANNUAL-CHANCE FLOODDISCHARGE CONTAINED INSTRUCTURE
Bridge
Bridge
Bridge
Bridge
Peace Pipe Split
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
502050005010
5
0
0
0
50205030502049905
0
1
0 50005000499050
0
0
50
0
0
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 19
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))íííí
íííííííí17137
18514
17125
AS 1
9
2
9
8
19464
17221
18089
19026
AQ 18341
AP 17832
18319
19329
AO 17289
19615
19812
AR 18720
18708
17477
AT 19639
17343
!"5022.8
!"5044.6
!"5022.0
!"5055.7
!"5057.1
!"5023.9
!"5036.8
!"5050.9
!"5043.9
!"5030.6
!"5041.0
!"5057.2
!"5025.4
!"5060.3
!"5062.6
!"5048.5
!"5047.9
!"5029.9
!"5062.1
!"5029.9
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
Mathew Bird Creek
GOLDENSTEIN WAYGOLDSTEIN WAY
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
50405050
5050
5050
50
50
50605060
5070
5060
5060
50605070 5060Bridge
Culvert
Culvert
Culvert
Culvert
Culvert
Mathew Bird Creek
506050605050 505050405040
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 20
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
íííí20256
AU 2
0
0
0
6
20032
19812
AV 20778
AT 19639
!"5068.2
!"5066.1
!"5066.9
!"5062.6
!"5075.1
!"5062.1
G A L L A T I N C O U N T YG A L L A T I N C O U N T Y
Mathew Bird Creek
ABAGAIL RANCH RD
G A L L A T I N C O U N T YG A L L A T I N C O U N T Y
5070
507050805080
5080
5070
5090
5090
509050905060Culvert
Culvert 5060507050705070GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 21
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))))))))))))))))))))))))))))))))))íí))))íí
íí))))))))D 624
344
B 3
34
E 66
9 A
9
0
45
8
96
C 4
4
1
1157
515
H 1267 3951
2
8
3 226G 1054
D 1654
1436
1064
752
1564
994
943
22749
F 891
896
21303
AW 21307AY 22348
23389
20724
21756C 1266
AX 21766BA 22960
AZ 22755
1436
22079
22862
23092
BB 23292I 1591AV 2078622954
16
0
1
1084
!"4923.1
232481419191921539!"4915.
3
!"4913.7!"4913.2
!"4917.0
!"4910.8!"4
9
1
4
.
7 !"4911.8!"4914.3
!"4920.4
!"4915.3
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1
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4 !"4912
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5
!"4919.5
!"4921.1
!"4923.1
!"4920.1
!"4917.0
!"4919.5
!"4917.8
!"4913.2
!"4927.6
!"4917.8!"4917.9
!"4914.1!"4914.2!"4923.5
!"4935.8
!"4911.0
!"4918.5!"4916.3
!"4919.0!"4931.9
!"4928.8
!"4921.5
!"4929.4
!"4932.5
!"4935.0!"4924.4
!"4911.2
!"4930.8
!"4924.6 !"4924.4
!"4924.
6
!"4913.9
!"4933.4
!"4917.7
16
0
1
!"4916.6I 1591
!"4926.2
C I T Y O F B O Z E M A NC I T Y O F B O Z E M A N
CourseSplitBozeman Creek
Nash Spring Creek SOURDOUGH RDSOURDOUGH RDG A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y49504960497049
80 4990500050105020503050405050506049504930
4
93
0 4930
4920
4940
4940
50
2
0
503
0CANDY LNBRADLEY RD
Bridge
Footbridge Footbridge
Foot-bridge
Bridge
Bridge
Culvert
Bridge
Culvert
Bridge
Culvert
Bridge
BridgeGolf
Bozeman Creek
Bozeman Creek
NashSpringCreek
Bozeman Creek
Nash SpringCreek
49404930
49404930494049304930 492049304
9
2
0
4
9
4
0
4910
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 22
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))
))))))))))))
)
)
)
)))))
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))))
))))))))))))))))))))íííí5571
23944
5275V 4996 BD 23953W 5544
3951 2376525827
S 3946
24554BC 2356023527T 4160
BE 24567
4176
BG 25342
24384
720
3855
207R 3727!"4965.4
A 157
276805
BJ 2662435713733
893
BI 26012
25688
26023
B 629
3776
3766
BH 25699
3745
4054394
26153 BF 2497724791
24966
!"4964.5
!"4941.4
!"4959.4
!"4955.3
!"4941.7!"4963.7
!"4945.0
!"4939.7!"4957.5
!"4944.7
!"4947.7!"4937.7!"4937.3!"4947.4
!"4947.8
!"4947.9
!"4954.5
!"4945.7
!"4955.5
!"4943.7
!"4955.4C 1165!"4942.0!"4954.8
!"4955.4
!"4960.1
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!"4961.7 !"4959.5
!"4956.9
!"4959.5
!"4955.5
!"4942.9
!"4942.7
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!"4945.7!"4955.4
!"4960.5
!"4952.3
!"4950.1
!"4952.0
!"4952.1 U 4609!"4950.2
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!"4939.3 3396 Q 3451!"4939.5!"4939.6 3456
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
NashSpringCreek
Nash Spring Creek
Sourdough Trail Split
Bozeman Creek
Bozeman Creek SOURDOUGH RDSOURDOUGH RDSOURDOUGH RDG A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y4940495049504960 4960
4960
49704980499050005
0
1
0497049804990500050104950
4950 4950
49804970SOU
R
D
O
U
G
H
R
I
D
G
E
R
D
Bridge
Culvert
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
Bridge
CulvertNash Spring Creek497049604
9
5
0
4940
495049604950 495049
6
0 495049604950
4950
4960
49604950496049504
9
6
0
497049604
9
4
0
496049704940497049
5
0
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 23
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))))))
)
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)
)íí))))))))))))íí 5636X 5905
273
0
5
8172
BK 27296
6475
BM 28041
Z 6660
28142D 1765
BL
2
7
6
8
4
289
2
3
BO 29316
1753
710
4
6308
2803
2
Y 6297
AA 700
6
69
9
1
28517
1549
BN 28687
AB 72
6
6
28677
27
2
6
4
2703
9
C 1165
72607426
7896
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!"497
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2
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6
!"4972.0
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BJ 26624
Nash Spring Creek
Nash SpringCreek
Bozeman Creek
Bozeman CreekNash SpringCreek
FIELD
V
I
E
W
C
I
R
CANDLE LN
GARDNER PARK DR
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
GRAFF STG A L L A T I NG A L L A T I NC O U N T YC O U N T Y
4980
49
9
0 49905000501050204980 4980497049704970
49804990
500050105000STONY BROOK LNSO
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Bridge
Bridge
BridgeBridge
Culvert
Bridge
Bridge
Bozeman Creek
So
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g
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T
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a
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S
p
l
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t4970
499049804980498049
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0 498049704970
49
90
4980 497049804970 4970497049704990 49804980 497049
8
0
49904980
49904980
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 24
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))
))))))))
)
)))ííBT 32217
BQ 30507
30094
9284
30932
BP 297
2
1
9513
10183
AE 9870
8930
BS 31772
BR 31302
AD 8626
1038431688
31585
AF
1
0
3
9
2
10524
10
4
5
5
AG 10574
!"5020.2
!"5001.0
!"4997.1
!"4998.4
!"5006.5
!"4993.3
!"5000.1
!"5009.9
!"5004.1
!"4996.6
!"5016.9
!"5009.9
!"4994.0
!"5011.7 !"5014.0
!"5013.2!"5011.7!"5014.4!"50
1
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.
3
!"5017.3
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
C I T Y O FC I T Y O FB O Z E M A NB O Z E M A N
Nash SpringCreek
Bozeman Creek
Bozeman Creek
Nash SpringCreek
Bozeman CreekGARDNER PARK DRHITCHING POST RD
HI
T
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H
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N
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P
O
S
T
R
DGARDNER PARK
DRMORNING SUN DRG A L L A T I NG A L L A T I NC O U N T YC O U N T Y
GOLDENSTEIN LN
5030
50305040
5
0
3
050205010501050105000
5010 501050
1
0
5000
5020
5
0
1
0
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E
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R
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D
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BridgeCulvert
Nash Spring Creek
502050005
0
1
0
50204990501050005000 50105010 500050105000
50005020
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 25
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
))))))))))))10860
AH 11411
AJ 13529
13259
11813
129
18
34879
BX 34449
AI 12
2
8
7
125
8
4
33985
34010
35340
!"5018.9
!"5024.
7
!"5047.5
!"5045.3
!"5028.0
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8
!"5040.8
!"5037.5
!"5033.
9
!"503
7
.
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!"5034.1!"5035.2
!"5044.7
!"5022.4!"5021.8
!"5024.6
!"5022.7
!"5023.3
!"5026.5
!"5024.3
!"5030.0
!"5032.1
32451
32438
BV 32709
BU 3249132
5
8
7
3315432693
33526
BW 33782
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
Bozeman Creek
Bozeman Creek
Bozeman Creek W HITCHING POST RDG A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I N
G A L L A T I NC O U N T YC O U N T Y
W HITCHING POST RD5030
5030 5020502050205
0
5
0
5
0
6
0
5
0
5
050405
0
5
0
5040 5040504050405050
50
4
0
Bridge
Bridge
BridgeNash Spring CreekNash SpringCreekNash SpringCreek 5040502050
3
0
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2
0
5020
50
4
0
50605040
5050 5030505
0 5040504050405020
5050504050405030 5030 5020GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 26
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
14160 14
0
7
9
AK 1
4
0
8
9
1380
0 BY 35745
37308
3800438382
!"5055.1!"5
0
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8
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.
0
!"5049
.
7
!"5047.7
!"5060.4
!"5069.4!"5073.4!"5054.6
!"5051.8
!"5065.9!"5057.6
36649
36364
CA 37744
BZ 36929
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
Bozeman Creek
Bozeman Creek
COBB
L
E
C
R
E
E
K
R
D
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
HORSETAIL ROAD50705070 508050705070
5070508050805
0
7
0
Nash SpringCreek
Bozeman Creek 50705050
50605
0
7
0505050
5
0
505050505060505050
5
0
507
05070 5080506050605060
5
0
6
0
5070
50
7
050605050
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 27
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
CB 38737
CC 39830
39189
39441
CD 40502
40172
40891
!"5077.0!"5088.5
!"5081.3
!"5085.3
!"5095.3
!"5092.0
!"5099.2
CE 41142!"5102.4
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
HORSETAIL ROAD
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y50905100 51005100
51105
1
1
0
5100
5090
5090
5
1
1
0 51205
1
1
0
5
1
1
0
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
Bozeman Creek
Bozeman Creek
5100508
0
50905120
5090
509050905100508050905100
5090
5080
5
0
8
0
5090
5
0
9
0
50
8
0
5090510050
8
0
51
0
0 5090GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 28
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
)
)))))))
CF 41643
41958
41938
CE 41142
42877
CI 43944
CH 43067
43400CG 42337
!"5109.0
!"51
1
3
.
1
!"5112.4
!"5102.4
!"5121.9
!"5134.1
!"5124.5
!"5129.6
!"5116.0
!"5125.4
!"5124.7
43133
43122
Bozeman Creek
Bozeman Creek
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
5110
511051205120
51205130513051405
1
3
0
51305120Bridge
Bridge
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
5130
5
1
2
05110
514051205130
5130
5140
5120
51305110 51105140511051305
1
30 51205120
5
1
2
0 51205110
5110
GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 29
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
ííCL 46610
45955
CK 45788
46877
A 16144257
46067456
44673
B 934
CJ 44994
45459
!"5164.0
!"5156.0
!"5154.1
!"5166.5
!"5152.6
!"5136.5!"5156.9!"5156.4 !"5140.2!"5163.2
!"5143.6
!"5148.4
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
G A L L A T I NG A L L A T I NC O U N T YC O U N T Y
Bozeman Creek
Bozeman Creek
517051705160516051405140
51505150
5160
5160
Nash Road Split
Nash RoadSplit
Bo
z
em
a
n
C
r
e
e
k516051
4
0
516051405150516051
6
0
5170
5150
518051705
1
4
0
515051705150515051705150GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 30
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
íí47038
CM 47519
CN 47979470911327
D 1882
E 2373
1378
C 1417
!"5170.5
!"5176.0
!"5181.8
!"5176.0
!"5167.0
!"5173.2
!"5179.2
!"5169.7 !"5169.9
Nash
Road
Sp
l
i
t
NASH ROAD
NASH ROAD
SOURDOUGH CANYON RDNASH VIEW RDG A L L A T I NG A L L A T I NC O U N T YC O U N T Y
5170
5170 519051805200519052005190
1%-ANNUAL-CHANCEFLOOD DISCHARGECONTAINED IN STRUCTURE
G A L L A T I N
G A L L A T I NC O U N T YC O U N T Y
G A L L A T I N
G A L L A T I NC O U N T YC O U N T Y
This map page contains areas thattie into the effective DFIRM data.
Effective Floodway
Effective 100 YearFloodplain
Effective 500 YearFloodplain
Bozeman Creek
518
0
519051805
17
0
51805180 517051805180
51805180
5170
51805170
51
8
0 519051705180GallatinCounty
GallatinCounty
City ofBozeman
Gallatin County
City ofBozeman
LOCATOR MAP
7
3
9
56421
8
11
2021
2519
10
2728293031
1817 2216
141312 15
26
24
23
Bozeman Map 31
CITY OF BOZEMANHYDRAULICWORKMAP
I0100200300Feet
165 S. UNION BLVD.SUITE 200LAKEWOOD, CO 80228PHONE: 720-514-1100
1 inch = 200 feet
LEGEND Study Profile BaselineProposed Lettered Cross Section
10 FT Contour Line2 FT Contour LineInterstate
Political Area
Railroad
Highway
Mapbook Page
Proposed Floodway
Proposed 1-Percent-Annual Chance Event
Proposed 0.2-Percent-Annual Chance Event
))))Bridge
íí Culvert
Proposed Non-Lettered Cross Section
Proposed Administrative Floodway
Coordinate System: NAD 1983 2011 StatePlane Montana FIPS 2500 Ft IntProjection: Lambert Conformal ConicDatum: NAD 1983 2011 Vertical Datum: NAVD 88Units: Feet
DATA FRAME PROPERTIES:
Model Regulations Feb 20 2014.doc
1 February 20, 2014
2014 MODEL REGULATIONS
September 3, 2013
Revision February 20, 2014
FLOODPLAIN HAZARD
MANAGEMENT REGULATIONS
MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
WATER RESOURCES DIVISION
1424 9TH Avenue
P.O. Box 201601
Helena, Montana 59620-1601
http://www.mtfloodplain.mt.gov
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2 February 20, 2014
2014 Model Regulations
Purpose and Considerations
PURPOSE:
Provide communities with current (2013) Model Regulations; the 1989,
1990, 1992 and 2006 versions are obsolete. Draft versions of the 2014
Model were utilized in 2012 and 2013 by several communities and should
be updated.
Provides a model and template for local land use regulations for local
floodplain hazard management.
Communities participating in the National Flood Insurance Program are
required to have up to date floodplain management regulations.
Includes State and FEMA minimum procedural and development standards.
CONSIDERATIONS:
Substantial adherence to the Model will facilitate reviews by DNRC and
FEMA.
Legal cites to supporting federal and state statutes and regulations are
noted in the Model and are for reference during drafting and should be
removed before final adoption. The information within the boxes is
informational and should be removed as well.
Communities may adopt higher standards pursuant to 76-5-301(1), MCA
and are denoted as “(Higher Standard)” following the specific regulation in
this model. Higher standards as well as those suggested in the Model may
have health and safety as well as economic and ecological benefits to the
community. Those communities may have to make findings of fact when
adopting floodplain management regulations as to why the higher
standards are appropriate in their community.
The Regulated Flood Hazard Area is required to be specifically described
and updated if necessary.
Local regulations require local notice and adoption.
The special review panel needs to be specified in the Variance and
Administrative Appeals Sections.
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3 February 20, 2014
DNRC must find the local Floodplain Hazard Mitigation Regulations are
adequate before local adoption, allow 30 days for review.
FEMA Region VIII must find the regulations adequate and acceptable before
community adoption as well, allow 30 days for review.
Local regulations are required to be updated to the current State and FEMA
minimum regulatory standards within 6 months of a State or FEMA revision
or update to the Regulated Flood Hazard Area.
Adopting the requirements by regulation, resolution or ordinance as the
appropriate vehicle must be determined by the political subdivision.
13
Model Regulations Feb 20 2014.doc
4 February 20, 2014
TABLE OF CONTENTS
SECTION 1. TITLE, PURPOSE, AUTHORITY AND GENERAL PROVISIONS
1.1 Floodplain Hazard Management Regulations
1.2 Statutory Authority 1.3 Findings of Fact 1.4 Purpose
1.5 Methods to Reduce Losses
1.6 Regulated Area
1.7 Floodplain Administrator 1.8 Compliance 1.9 Abrogation and Greater Responsibility
1.10 Regulation Interpretation
1.11 Warning and Disclaimer of Liability
1.12 Severability 1.13 Disclosure Provision 1.14 Amendment of Regulations
1.15 Public Records
1.16 Subdivision Review 1.17 Disaster Recovery SECTION 2. DEFINITIONS
SECTION 3. FORMS AND FEES
3.1 Forms 3.2 Fees
SECTION 4. REGULATED FLOOD HAZARD AREAS
4.1 Regulated Flood Hazard Areas 4.2 Interpretation of Regulated Flood Hazard Area Boundaries
4.3 Alteration of Regulated Flood Hazard Area
SECTION 5. USES ALLOWED WITHOUT A PERMIT WITHIN THE REGULATED FLOOD HAZARD AREA 5.1 General
5.2 Open Space Uses
SECTION 6. PROHIBITED USES, ACTIVITIES AND STRUCTURES WITHIN THE REGULATED FLOOD HAZARD AREA
6.1 Floodway
6.2 Flood Fringe or Regulated Flood Hazard Area Without a Floodway
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Model Regulations Feb 20 2014.doc
5 February 20, 2014
SECTION 7. FLOODPLAIN PERMIT APPLICATION REQUIREMENTS
7.1 General
7.2 Required Floodplain Permit Application Information
SECTION 8. APPLICATION EVALUATION
8.1 Floodplain Permit Application Review
8.2 Notice Requirements for Floodplain Permit Applications
8.3 Floodplain Permit Criteria 8.4 Decision 8.5 Floodplain Permit Conditions and Requirements
SECTION 9. DEVELOPMENT REQUIREMENTS IN THE FLOODWAY
9.1 Uses Requiring Permits 9.2 General Requirements
9.3 Mining Of Material Requiring Excavation From Pits Or Pools
9.4 Railroad, Highway And Street Stream Crossings
9.5 Limited Filling For Road And Railroad Embankments 9.6 Buried Or Suspended Utility Transmission Lines 9.7 Storage Of Materials And Equipment
9.8 Domestic Water Supply Wells
9.9 Buried And Sealed Vaults For Sewage Disposal in Campgrounds
and Recreational Areas 9.10 Public and Private Campgrounds 9.11 Structures Accessory Or Appurtenant
9.12 Construction Of Or Modifications To Surface Water Diversions
9.13 Flood Control And Stream Bank Stabilization Measures
9.14 Stream and Bank Restoration 9.15 Existing Residential and Nonresidential Buildings
SECTION 10. DEVELOPMENT REQUIREMENTS IN THE FLOOD FRINGE OR
REGULATED FLOOD HAZARD AREA WITH NO FLOODWAY 10.1. Uses Requiring Permits
10.2. General Requirements
10.3. Residential Building, Exceptions and Additional Requirements
10.4. Non-Residential Building, Exceptions and Additional Requirements SECTION 11. EMERGENCIES
11.1 General
11.2 Emergency Notification and Application Requirements
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Model Regulations Feb 20 2014.doc
6 February 20, 2014
SECTION 12. VARIANCES
12.1 General
12.2 Variance Application Requirements 12.3 Notice Requirements for Floodplain Variance Application 12.4 Evaluation of Variance Application
12.5 Decision
12.6 Judicial Review
SECTION 13. ADMINISTRATIVE APPEALS
13.1 General
13.2 Appeals Requirements
13.3 Notice and Hearing 13.4 Decision 13.5 Judicial Review
SECTION 14. ENFORCEMENT
14.1. Investigation Request 14.2. Notices To Enter And Investigate Lands Or Waters
14.3. Notice To Respond And Order To Take Corrective Action
14.4. Administrative Review
14.5. Appeal of Administrative Decision 14.6. Failure to Comply With Order to Take Corrective Action 14.7. Judicial Review
14.8. Other Remedies
SECTION 15. PENALTIES 15.1 Misdemeanor
15.2 Declaration to the Federal Flood Insurance Administrator
16
Model Regulations Feb 20 2014.doc
7 February 20, 2014
SECTION 1. TITLE, PURPOSE, AUTHORITY AND GENERAL
PROVISIONS
1.1 FLOODPLAIN HAZARD MANAGEMENT REGULATIONS
These regulations are known and may be cited as the “Floodplain Hazard Management Regulations;” hereinafter referred to as “these regulations.”
1.2 STATUTORY AUTHORITY
1. Floodplain and Floodway Management is incorporated in Montana Code Annotated (MCA) Title 76, Chapter 5 and describes the authority, procedures and minimum standards for local regulations and is further described in Montana
Administrative Rule (ARM) 36, Chapter 15.
2. The authority to regulate development in specifically identified flood hazard areas
has been accepted pursuant to 76-5-301, MCA.
1.3 FINDINGS OF FACT
1. Flood hazard areas specifically adopted herein as Regulated Flood Hazard Areas
have been delineated and designated by order or determination of the
Department of Natural Resources and Conservation (DNRC) pursuant to MCA 76-5-201 et.seq.
2. These regulations have been reviewed by Montana Department of Natural
Resources and Conservation and the Federal Emergency Management Agency.
The Montana Department of Natural Resources and Conservation has found the
regulations acceptable in meeting the Department minimum standards. The Federal Emergency Management Agency finds that these regulations are
adequate and consistent with the comprehensive criteria for land management
and use pursuant to the standards established in 44 CFR 60.3. (76-5-302, MCA,
ARM 36.15.202, 44 CFR60.1(b), 42USC 4022)
1.4 PURPOSE
The purpose of these regulations is to promote public health, safety and general
welfare of the residents and minimize public and private losses due to flood conditions
in Regulated Flood Hazard Areas. These Regulations are intended to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business and public service interruptions;
17
Model Regulations Feb 20 2014.doc
8 February 20, 2014
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges;
6. Help maintain a stable tax base by providing for the sound use and development
of flood-prone areas in such a manner as to minimize future flood disruptions; and to
7. Ensure compliance with the minimum standards for the continued participation in
the National Flood Insurance Program for the benefit of the residents.
1.5 METHODS TO REDUCE LOSSES
In accordance with 76-5-102, MCA, these regulations are intended to reduce flood losses through the following methods:
1. Restrict or prohibit uses that are dangerous to health, safety or property in times
of flooding or that may cause excessive increases in flood heights or velocities;
2. Require that uses of land vulnerable to floods, including public facilities, be
developed or constructed to at least minimum standards or to otherwise minimize flood damage;
3. Regulate the alteration of natural floodplains, stream channels, and natural
protective barriers which are needed to accommodate floodwaters;
4. Regulate filling, grading, dredging and other development which may increase
flood damage; 5. Prevent or regulate the construction of flood barriers which will impact other land,
flood water depth or velocity of floodwaters;
6. Distinguish between the land use regulations applied to the floodway within the
Regulated Flood Hazard Area and those applied to that portion of the Regulated
Flood Hazard Area not contained in the floodway; 7. Apply more restrictive land use regulations within the floodway of the Regulated
Flood Hazard Area; and
8. Ensure that regulations and minimum standards balance the greatest public good
with the least private injury.
1.6 REGULATED AREA
These regulations apply only to the flood hazard areas specifically adopted herein as
Regulated Flood Hazard Areas which are more fully and specifically described in
Section 4. Requirements and approvals for alterations to the Regulated Flood Hazard
Area are specified in Section 4. The Regulated Flood Hazard Area includes areas specifically identified, labeled and illustrated on maps such as Floodplain, Floodway, or
Flood Fringe that have differing uses allowed and minimum building standards that
apply. The Regulated Flood Hazard Area is the geographic area inundated by the
Flood of 100-year Frequency illustrated and depicted in the referenced studies and
maps.
The Regulated Flood Hazard Area supporting study and maps illustrating the regulatory
area are based on studies and maps that have been specifically adopted pursuant to
76-5-201et.seq. The maps and accompanying study become the Regulated Flood
18
Model Regulations Feb 20 2014.doc
9 February 20, 2014
Hazard Area only when formally adopted by DNRC and subsequently by the political subdivision by these regulations. The original source of studies and data may be from a
Flood Insurance Study by FEMA, or other studies by Corps of Engineers, Soil
Conservation, United States Geological Service or other federal or state agency.
1.7 FLOODPLAIN ADMINISTRATOR A Floodplain Administrator is hereby officially appointed and is the responsibility of the
office of __________. The Floodplain Administrator’s duty is to administer and
implement the provisions of these regulations. The Floodplain Administrator must
serve to meet and maintain the commitments pursuant to 44 CFR 59.22(a) to FEMA to remain eligible for National Flood Insurance for individuals and business within the political subdivision. ((44 CFR 59.22(b)(1)) (ARM 36.15.204(2)(h))
1.8 COMPLIANCE Development, New Construction, Alteration or Substantial
Improvement may not commence without full compliance with the provisions of these
regulations.
1.9 ABROGATION AND GREATER RESPONSIBILITY
It is not intended by these regulations to repeal, abrogate, or impair any existing
easements, covenants, deed restrictions, zoning or other regulations in effect.
However, where these regulations impose greater restrictions, the provision of these
regulations must prevail. (44 CFR 60.1(d))
1.10 REGULATION INTERPRETATION
In the interpretation and application of these regulations, all provisions shall be: (1)
considered as minimum requirements; (2) liberally construed in favor of the governing
body; and (3) deemed neither to limit nor repeal any other powers granted under state
statutes. (44 CFR 60.1)
1.11 WARNING AND DISCLAIMER OF LIABILITY
These regulations do not imply that land outside the Regulated Flood Hazard Areas or
uses permitted within such areas will be free from flooding or flood damages. These
regulations shall not create liability on the part of the community or any official or
employee thereof for any flood damages that result from reliance on these regulations
or any administrative decision lawfully made hereunder.
1.12 SEVERABILITY
If any section, clause, sentence, or phrase of these regulations is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding will in no way
affect the validity of the remaining portions of these regulations.
1.13 DISCLOSURE PROVISION
All property owners or their agents in the Regulated Flood Hazard Areas shall notify
potential buyers or their agents that such property, including any permitted uses
transferred, is located within the Regulated Flood Hazard Area and is subject to
regulation and any permitted uses that are transferred. Information regarding
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Regulated Flood Hazard Area and the repository for Floodplain maps is available in the Floodplain Administrator’s office.
(ARM 36.15.204(2)(g))
1.14 AMENDMENT OF REGULATIONS
These regulations may be amended after notice and public hearing in regard to the amendments to these regulations. The amendments must be found adequate and acceptable by DNRC and FEMA to be effective and must be submitted for review at
least 30 days prior to official adoption.
1.15 PUBLIC RECORDS
Records, including permits and applications, elevation and flood proofing certificates, certificates of compliance, fee receipts, and other matters relating to these regulations must be maintained by the Floodplain Administrator and are public records and must be
made available for inspection and for copies upon reasonable request. A reasonable
copying cost for copying documents for members of the public may be charged and
may require payments of the costs before providing the copies. (44 CFR 60.3(b)(5)(iii) &
44 CFR 59.22 (a)(9)(iii))
1.16 SUBDIVISION REVIEW
Within the Regulated Flood Hazard Area, subdivisions including new or expansion of
existing manufactured home parks, must be designed to meet the following criteria:
1. The Base Flood Elevations and boundary of the Regulated Flood Hazard area
must be determined and considered during lot layout and building location
design;
2. Locations for future structures and development must be reasonably safe from flooding; (44CFR 60.3(a)(4))
3. Adequate surface water drainage must be provided to reduce exposure to flood
hazards; (44 CFR 60.3 (a)(4)(iii))
4. Public utilities and facilities such as sewer, gas, electrical and water systems
must be located and constructed to minimize or eliminate flood damage; and (44
CFR 60.3(a)(4)(ii))
5. Floodplain permits must be obtained according to these regulations before development occurs that is within the Regulated Flood Hazard Area. (44 CFR
60.3(b))
FOR INFORMATIONAL PURPOSES ONLY
Consider a companion regulation in the subdivision regulations.
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1.17 DISASTER RECOVERY
In the event of a natural or man-made disaster, the Floodplain Administrator should participate in the coordination of assistance and provide information to structure owners
concerning Hazard Mitigation and Recovery measures with the Federal Emergency
Management Agency, Montana Disaster Emergency Services, Montana Department of
Natural Resources and Conservation, and other state, local and private emergency service organizations.
Upon completion of cursory street view structure condition survey within the Regulated
Flood Hazard Area, the Floodplain Administrator shall notify owners that a permit may
be necessary for an alteration or substantial improvement before repair or reconstruction commences on damaged structures because of damages caused by natural or man-made disasters such as floods, fires or winds.
Owners should be advised that structures that have suffered substantial damage and
will undergo substantial improvements require a floodplain application and permit and must be upgraded to meet the minimum building standards herein during repair or reconstruction.((MCA 76-5-404(3)(b) (ARM 36.15.702) (44 CFR 60.3(c)(2 and 3))
FOR INFORMATIONAL PURPOSES ONLY
The National Flood Insurance Program (NFIP) program standard for community Floodplain
management ordinances specifies that the local government is to consider flood hazards when reviewing and approving subdivisions within the Special Flood Hazard Area. Floodplain
Administrators should check their subdivision ordinances to ensure flood hazards outside of
Regulated Flood Hazard Areas are addressed in development proposals. For example, the Montana Model Subdivision Regulations suggests that for any portion of a proposed subdivision
that is within 2,000 horizontal feet and 20 vertical feet of a stream draining an area of 25 square miles or more, where no official floodplain studies of the stream have been made, the subdivider may be required to conduct a flood hazard evaluation study. The Montana Department of
Natural Resources and Conservation may, if requested, review the flood hazard analysis on the merit of its technical adequacy and make a recommendation back to the Floodplain Administrator. A technical review by DNRC is not intended to be a formal designation of a
floodplain or floodway pursuant to MCA 76-5-201 et.seq. for floodplain management regulatory purposes unless specifically requested and subsequently adopted by DNRC.
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SECTION 2. DEFINITIONS
Unless specifically defined below, words or phrases used in these regulations shall be
interpreted as to give them the meaning they have in common usage and the most
reasonable application. For the purpose of these regulations, the following definitions
are adopted:
100-year Flood – One percent (1%) annual chance flood. See Base Flood
Alteration – Any change or addition to an artificial obstruction that either increases its
external dimensions or increases its potential flood hazard. (ARM 36.15.101(2))
Appurtenant Structure – A structure in which the use is incidental or accessory to the
use of a principal structure. (44 CFR 59.1)
Artificial Obstruction – Any obstruction which is not natural and includes any
development, dam, diversion, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, road, bridge, conduit, culvert,
building, refuse, automobile body, fill or other analogous structure or matter in, along,
across, or projecting into any Regulated Flood Hazard Area that may impede, retard, or
change the direction of the flow of water, either in itself or by catching or collecting
debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. See
also Development. (ARM 36.15.101(3) & MCA 76-5-103(1))
FOR INFORMATIONAL PURPOSES ONLY
There is a large list of definitions of terms and nomenclature normally used in floodplain hazard management guidelines and explanations. Be aware the
same word may mean something different when applied to flood insurance,
minimum standards, or a regulatory requirement.
The definitions in 76-5-103, MCA and ARM 36.15.101 where applicable may be
considered however several of those definitions are specifically for describing the role and responsibility of the DNRC in regard to development and adoption
of flood hazard studies and map and other responsibilities. FEMA definitions 44 CFR 59.1 may be considered. Definitions are used to
describe the FEMA minimum standards for floodplain management if
communities want to join the National Flood Insurance Program so individuals and businesses are eligible for flood insurance in that community. However,
some definitions are specifically for insurance purposes under the National Flood Insurance Program.
Another source of information including definitions is the FEMA National Flood Insurance Manual.
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Base Flood (Flood of 100 Year Frequency) – A flood having a one percent (1%)
chance of being equaled or exceeded in any given year (ARM 36.15.101(4) & (44 CFR
59.1)
Base Flood Elevation (BFE) – The elevation above sea level of the Base Flood in
relation to the National Geodic Vertical Datum of 1929 or the North American Vertical
Datum of 1988 or unless otherwise specified. (ARM 36.15.101(5))
Basement – Any area of a building, except a crawl space, as having its Lowest floor
below ground level on all sides. (44 CFR 59.1) (NFIP Insurance Manual, Rev. May
2013)
Building – A walled and roofed structure, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (44 CFR 59.1)
Channel – The geographical area within either the natural or artificial banks of a
watercourse or drain way. (MCA 76-5-103(2))
Crawl Space – An enclosure that has its interior floor area no more than 5 feet below
the top of the next highest floor. See Enclosure and Sub grade Crawlspace. (NFIP
Insurance Manual, Rev. May 2013)
DNRC – Montana Department of Natural Resources and Conservation
Development –Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
See also Artificial Obstruction. (44 CFR59.1)
Elevated Building – A building that has no Basement and that has it lowest elevated
floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or
columns. A building on a crawlspace is considered an elevated building. (NFIP
Insurance Manual, Rev. May 2013)
Enclosure – That portion below the lowest elevated floor of an elevated building that is
either partially or fully shut in by rigid walls including a crawlspace, sub grade
crawlspace, stairwell, elevator or a garage below or attached. Encroachment – Activities or construction within the Regulated Flood Hazard Area
including fill, new construction, substantial improvements, and other development.
Encroachment Analysis – A hydrologic and hydraulic analysis performed by an
engineer to assess the effects of the proposed artificial obstruction or nonconforming use on Base Flood Elevation, flood flows and flood velocities.
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Establish – To construct, place, insert, or excavate. (MCA 76-5-103(7) (ARM 36.15.101(9))
Existing Artificial Obstruction or Nonconforming Use – An artificial obstruction or
nonconforming use that was established before land use regulations were adopted pursuant to Section 76-5-301(1), MCA. (MCA 76-5-404(3))
FEMA – Federal Emergency Management Agency
Flood Fringe – The identified portion of the Floodplain of the Regulated Flood Hazard Area outside the limits of the Floodway. (ARM 36.15.101(10))
Flood of 100 Year Frequency (Base Flood) – A flood magnitude expected to recur on
the average of once every 100-years or a flood magnitude that has a 1% chance of
occurring in any given year. (MCA 76-5-103(9)) (44 CFR 59.1)
Floodplain – The area of the Regulated Flood Hazard Area including and adjoining the
watercourse or drainway that would be covered by the floodwater of a Base Flood. The
area is partitioned into a Flood Fringe and Floodway where specifically designated. See
Regulated Flood Hazard Area. Floodway – The identified portion of the Floodplain of the Regulated Flood Hazard
Area that is the channel and the area adjoining the channel that is reasonably required
to carry the discharge of the Base Flood without cumulatively increasing the water
surface by more than one half foot. (MCA 76-5-103(11)) (MCA 76-5-103(5))
Floodplain Administrator – Community official or representative appointed to
administer and implement the provisions of this ordinance.
Flood Proofing – Any combination of structural and non-structural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, electrical, plumbing, HVAC
systems, structures and their contents. The term includes wet flood proofing, dry flood
proofing and elevation of structures. ((44 CFR 59.1)
Letter of Map Change (LOMC) – An official response from FEMA that amends or revises the FEMA Special Flood Hazard Area and FEMA Flood Insurance Study for
flood insurance purposes and/or flood risk hazard. FEMA Letters of Map Change
specific to an amendment or revision include:
Letter of Map Amendment (LOMA) – A letter of determination from FEMA issued in response to a request that a property or structure is not subject to the
mandatory flood insurance requirement because it was inadvertently located in
the effective FEMA Special Flood Hazard Area. The material submitted and
response from FEMA may be considered by the Floodplain Administrator for
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determining if a property or structure is within the Regulated Flood Hazard area and subject to these regulations.
Letter of Map Revision Based on Fill (LOMR-F) – A letter of approval from
FEMA removing the mandatory requirement for flood insurance on property
based on placement of fill or an addition. Placement of fill or an addition must be preceded by a permit pursuant to these regulations. Placement of fill does not remove the development from the Regulated Flood Hazard Area or these
regulations.
Letter of Map Revision (LOMR) – An official FEMA amendment to the currently
effective FEMA Flood Insurance Rate Map or FEMA Flood Boundary Map based on a physical change to the floodplain of the Special Flood Hazard Area. It is issued by FEMA and changes flood zones, delineations, and elevations on the
FEMA Flood Insurance Rate Map or FEMA Flood Boundary Map and may
amend the FEMA Flood Insurance Study. It must be preceded by an approved
alteration of the designated floodplain from DNRC and subsequently an
amendment to the Regulated Flood Hazard Area. Conditional Letter of Map Revision (CLOMR) – A FEMA letter of approval for a
proposed physical change that when completed would propose to change the
flood zones, delineation or elevations on the FEMA Flood Insurance Rate Map or
FEMA Flood Boundary Map and may amend the FEMA Flood Insurance Study
through a subsequent LOMR,. The CLOMR may be considered in an evaluation by DNRC and the Floodplain Administrator during consideration of a proposed
alteration to the Regulated Flood Hazard Area.
Lowest Floor – Any floor of a building including a basement used for living purposes,
storage, or recreation. This includes any floor that could be converted to such a use. ((ARM 36.15.101(14)) (44 CFR 59.1))
Manufactured Home Park or Subdivision – Includes the construction of facilities for
servicing the manufactured home lots and at a minimum includes the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete pads. (44 CFR 59.1)
Manufactured or Mobile Home – A building that may be residential or non-residential,
is transportable in one or more sections, built on a permanent chassis, and designed to
be used with or without a permanent foundation when connected to the required utilities and includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days. (ARM 36.15.101(15))
New Construction – Structures for which the commencement of clearing, grading,
filling, or excavating to prepare a site for construction occurs on or after the effective date of these regulations and includes any subsequent improvements to such
structures. (ARM 36.15.101(20)) (44 CFR 59.1)
New Manufactured Home Park Or Subdivision – A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
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manufactured homes are to be affixed includes at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads
and is completed on or after the effective date of floodplain management regulations
adopted by a community. (44 CFR 59.1)
Non-Residential– Buildings including manufactured homes that are not residential including commercial, agricultural, industrial buildings and accessory buildings. See
Residential.
Owner – Any person who has dominion over, control of, or title to an artificial obstruction. (MCA 76-5-103(13))
Person – Includes any individual, or group of individuals, corporation, partnership,
association or any other entity, including State and local governments and agencies. (44
CFR 59.1) Recreational Vehicle – A park trailer, travel trailer, or other similar vehicle which is (a)
built on a single chassis; (b) 400 square feet or less when measured at the largest
horizontal projections; (c) designed to be self-propelled or permanently towable by a
motorized vehicle; and (d) designed primarily for use as temporary living quarters for
recreation, camping, travel, or seasonal use, not for use as a permanent dwelling. (44 CFR 59.1)
Regulated Flood Hazard Area – A Floodplain whose limits have been designated
pursuant to Part 2, Chapter 5 of Title 76, MCA, and is determined to be the area
adjoining the watercourse that would be covered by the floodwater of a Base Flood. The Regulated Flood Hazard Area consists of the Floodway and Flood Fringe where
specifically designated. (MCA 76-5-103(4)), (MCA 76-5-103(10), (ARM 36-15-101(11))
Residential Building – A dwelling or building for living purposes or place of assembly
or permanent use by human beings and including any mixed use of residential and non-residential use. All other buildings are non-residential.
Riprap – Stone, rocks, concrete blocks, or analogous materials that are placed along
the bed or banks of a watercourse or drainway for the purpose of preventing or
alleviating erosion. (ARM 36.15.101(18))
Scour Depth – The maximum depth of streambed scour caused by erosive forces of
the Base Flood.
Special Flood Hazard Area – Land area which has been specifically identified by the Federal Emergency Management Agency as the floodplain within a community subject
to a 1 percent or greater chance of flooding in any given year. It is useful for the
purposes of identifying flood hazards by local subdivisions of government for regulatory
purposes as well as use by the National Flood Insurance Program for establishing risk
zones and flood insurance premium rates. The FEMA flood hazard area zone
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designation or flood risk potential is as illustrated on FEMA’s Flood Hazard Boundary Map or Flood Insurance Rate Map.
Structure – Any Artificial Obstruction.
Sub grade Crawlspace – A Crawlspace foundation enclosure that has its interior floor no more than 5 feet below the top of the next higher floor and no more than 2 feet below
the lowest adjacent grade on all sides. A foundation exceeding either dimension is a
Basement. (NFIP Insurance Manual, Rev. May 2013)
Substantial Damage – Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would exceed 50 percent of
the market value of the structure before the damage occurred. (44 CFR 59.1)
Substantial Improvement – Any repair, reconstruction or improvement of a structure
where the cost equals or exceeds fifty percent (50) of the market value of the structure either before the improvement or repair is started or if the structure has been damaged,
and is being restored, before the damage occurred;
1. Substantial improvement is considered to occur when the first construction of any
wall, ceiling, floor or other structural part of the building commences; 2. The term does not include: 1. Any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions; or
2. Any alteration of a structure listed on the national register of historic places or
state inventory of historic places. (ARM 36.15.101(21)) (44 CFR 59.1))
Suitable Fill – Fill material which is stable, compacted, well graded, and pervious, not
adversely affected by water and frost, devoid of trash or similar foreign matter, tree
stumps or other organic material; and is fitting for the purpose of supporting the
intended use and/or permanent structure. (ARM 36.15.101(22))
Variance – Means a grant or relief from the development requirements of these
regulations which would permit construction in a manner that would be otherwise
prohibited by these regulations by an approval pursuant Section 12. (ARM
36.15.101(23))
Violation – A finding and order pursuant to the regulations against the owner or
responsible party of the failure of a structure or other development to be fully compliant
with these regulations. (44 CFR 59.1)
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SECTION 3. FORMS AND FEES
3.1 Forms The following forms may be required by the Floodplain Administrator:
1. Floodplain Permit Application Form –The “Joint Application for Proposed Work in Montana’s Steams, Wetlands, Regulated Flood Hazard Areas, and Other
Water Bodies”, or other designated application form. A completed FEMA MT-1
form may be required to accompany the application when required by the
Floodplain Administrator.
2. Floodplain Permit Compliance Report – A report required to be submitted by
the Applicant to the Floodplain Administrator once the permitted project in the
Regulated Flood Hazard Area is completed or within the designated time
stipulated on the Floodplain permit. A compliance report including an elevation
and or flood proofing certificate may be required where specified for the purpose of documenting compliance with the requirements of the permit.
3. Floodplain Variance Application Form – An application submitted by the
Applicant to the Floodplain Administrator to initiate a proposed variance from the
requirements of these regulations as described in Section 12 .
4. Floodplain Appeal Notice Form– A form submitted by the Applicant or an
aggrieved party to initiate the appeal process described in Section 13.
5. Floodplain Emergency Notification Form– A written notification form required pursuant to Section 11 of these regulations.
6. Official Complaint Form – A form that may be used by any person to notify the
Floodplain Administrator of an activity taking place that appears to be
noncompliant with the requirements of these regulations.
3.2 Fees
A reasonable application fee for processing of permit applications may be imposed.
Fees may be adopted for costs of permit applications, notices, variances, inspections,
certifications or other administrative actions required by these regulations. (ARM
36.15.204(3)(b))
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SECTION 4. REGULATED FLOOD HAZARD AREA
4.1 REGULATED FLOOD HAZARD AREAS
1. The Regulated Flood Hazard Areas are the 100-year floodplains illustrated and
referenced in the following specific studies and reports described as follows:
1. Specific title and Order date of specific flood study including maps and areas of the 100-year floodplain, and
1. A list of subsequent amendments to the Regulated Flood Hazard Area;
and
2. Other specific studies or and Orders.
2. The Regulated Flood Hazard Areas specifically described or illustrated in the
above referenced studies and maps of the 100-year floodplain have been delineated, designated and established by order or determination by the DNRC pursuant to 76-5-201et.seq., MCA.
3. Use allowances, design and construction requirements specifically in Sections 5,
6, 9, and 10 in these regulations vary by the specific Floodplain areas including areas identified as Floodway and Flood Fringe within the Regulated Flood Hazard Area.
4.2 INTERPRETATION OF REGULATED FLOOD HAZARD AREA BOUNDARIES
1. The mapped boundaries of the Floodplain illustrated in the referenced studies
and maps in this Section are a guide for determining whether property is within
the Regulated Flood Hazard Area.
2. A determination of the outer limits and boundaries of the Regulated Flood Hazard Area or the Flood Fringe and Floodway within the Regulated Flood
Hazard Area includes an evaluation of the maps as well as the particular study
data referenced in this Section. Supporting study material for Base Flood
Elevations takes precedence over any map illustrations if it exists.
EXAMPLE FOR INFORMATIONAL PURPOSES ONLY 1. August 16, 2014 FEMA Flood Insurance Study (FIS) and Flood
Insurance Rate Maps (FIRMs) for Missoula County, Montana, and
1. As amended in conformance with DNRC Approval dated July 15, 2015 and FEMA Conditional Letter of Map Revision
(CLOMR) dated August 16, 2015; and 2. Floodplain Management Study for Swan River adopted by DNRC on July 10, 2016.
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3. The Regulated Flood Hazard Area boundary is delineated by the Base Flood Elevation. The physical field regulatory boundary of the Regulated Flood Hazard
Area is the actual intersection of the applicable study Base Flood Elevation with
the existing adjacent terrain of the watercourse or drainway. (ARM 36.15.501(6))
4. The Floodway boundary where identified within the Floodplain is as illustrated on the referenced maps and studies. Since the Floodway boundary is a study
feature, the location of the boundary may be physically located by referencing the
study data to a ground feature. The Floodplain Administrator’s interpretation of
the boundary and decision may be appealed as set forth in Section 13. 5. The Floodplain Administrator may request additional information described below
to determine whether or not the proposed development is within the Regulated
Flood Hazard Area:
1. Where Base Flood Elevations exist, the property owner may provide additional information which may include elevation information provided by an
engineer or land surveyor in order to determine if the proposed development
is subject to these regulations. (ARM 36.15.501(6))
2. Where Base Flood Elevations do not exist, the property owner may provide additional information to be considered to determine the location of the
regulatory boundary or alternatively provide a computed Base Flood Elevation
provided by an engineer.
3. The Floodplain Administrator’s interpretation of the boundaries and decision may be appealed as set forth in Section 13.
6. Any owner or lessee of property who believes his property has been inadvertently
included in the Regulated Flood Hazard Area including the Floodway or Flood
Fringe may submit scientific and/or technical information to the Floodplain Administrator for a determination if the property is appropriately located.
Scientific or technical information submitted to FEMA by an owner to affect the
insurance rating for insurance purposes may be considered by the Floodplain
Administrator. A determination by the Floodplain Administrator is independent of
any determination by FEMA for insurance purposes.
FOR INFORMATIONAL PURPOSES ONLY When property located within the Regulated Flood Hazard area is naturally above
the Base Flood Elevation as proven by a certified elevation survey provided by an
engineer or land surveyor, the property owner may submit a Letter of Map Amendment (LOMA) to FEMA in order to affect the flood risk designation for
insurance purposes. Information on the process and requirements are available
through FEMA.
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4.3 ALTERATION OF REGULATED FLOOD HAZARD AREA
1. Revisions or updates to the specific maps and data that alter the established
Floodplains or Floodway of the Regulated Flood Hazard Area requires DNRC
approval pursuant to 75-5-203, MCA. An alteration of the Regulated Flood Hazard Area is a DNRC approved amendment to the DNRC order that
originally delineated and designated the 100-year floodplain and is the basis
of the Regulated Flood Hazard Area referenced in Section 4.1.2. A DNRC
approved alteration consists of revisions or updates to the specific maps and
data of the referenced studies in this Section and forms the basis for an amendment to the Regulated Flood Hazard Area in these regulations; (ARM
36.15.505)
2. Any change to the Regulated Flood Hazard Area as a result of a DNRC
alteration is effective upon amendment to the Regulated Flood Hazard Area described in Section 4.1.1;
3. Substantial natural physical change or new technical or scientific flood data
showing that the Base Flood Elevation has or may be changed or was
erroneously established shall be brought to the attention of DNRC and FEMA; (ARM 36.15.505(1)(a)) (44 CFR 65.3)
4. Any Floodplain permit application for a proposed development or artificial
obstruction must be denied until a DNRC alteration pursuant to 76-5-203,
MCA is approved if it causes an increase of 0.5 feet or more to the Base Flood Elevation of a Regulated Flood Hazard Area without a Floodway or an
increase of more than 0.00 feet to the Base Flood Elevation of a Floodway.
5. To propose an alteration a petition must be submitted to DNRC and must
include the following information:
1. Certification that no buildings are located in the areas which would be
impacted by the increased Base Flood Elevation; (44 CFR 65.12(a)(5)
2. Evidence of notice to all property and land owners of the proposed impacts to their properties explaining the proposed impact on their
property; (44 CFR 65.12(a)(3))
3. Information that demonstrates that alternatives are not feasible; (44
CFR 65.12(2))
4. Information that demonstrates that development is for a public use or
benefit; and
5. Any other supporting information and data as needed for approvals.
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((ARM 36.15.505) (44 CFR 60.3(c)(10)) (44 CFR 60.3(d)(3)) (44 CFR 65.7(3)) (44 CFR 65.12))
6. The Floodplain Administrator may represent the permit authority for any
necessary applications, approvals or endorsements such as the FEMA Community Acknowledgement Form to FEMA where affecting the FEMA Special Flood Hazard Area;
7. A determination by the Floodplain Administrator that land areas located within
the Regulated Flood Hazard Area are above the Base Flood Elevation as proven by a certified elevation survey does not constitute or require an alteration or an amendment of the Regulated Flood Hazard Area and may be
maintained as a public record that more explicitly defines the Regulated Flood
Hazard Area boundary; and
8. Elevating with suitable fill as permitted does not alter the Regulated Flood Hazard Area or remove the elevated area from the Regulated Flood Hazard
Area. (ARM 36.15.505(2))
9. A floodplain permit implementing the physical change cannot be approved until a CLOMR has been issued by FEMA.
FOR INFORMATIONAL PURPOSES ONLY Once DNRC approves an Alteration and the community amends the
Regulated Flood Hazard Area, the community is then required per
agreement between the community and FEMA to obtain approval by
CLOMR from FEMA before there is any physical change to the Special Flood Hazard Area. (44 CFR 59.21, 44 CFR 65.12)
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SECTION 5. USES ALLOWED WITHOUT A PERMIT
WITHIN THE REGULATED FLOOD HAZARD AREA
5.1 - GENERAL Existing artificial obstructions or nonconforming uses established
before land use regulations pursuant to Section 76-5-301, MCA were effective, are
allowed without a permit. However, alteration or substantial improvement of an existing
artificial obstruction or nonconforming use requires a floodplain permit. Maintenance of an existing artificial obstruction or nonconforming use does not require a floodplain permit if it does not cause an alteration or substantial improvement. (MCA 76-5-404(3)
5.2 OPEN SPACE USES The following open space uses shall be allowed without a
permit in the Regulated Flood Hazard Area, provided that such uses are not prohibited by any other regulation or statute, do not require structures, and do not require fill, grading, excavation or storage of materials or equipment: ((ARM 36.15.601) (ARM
36.15.701)(1) (MCA 76-5-401) (MCA 76-5-404(3))
1. Agricultural uses, not including related structures, such as tilling, farming, irrigation, ranching, harvesting, grazing, etc; ((ARM 36.15.601(1)(a)) (MCA 76-5-401(1)))
2. Accessory uses, not including structures, such as loading and parking areas, or
emergency landing strips associated with industrial or commercial facilities; ((ARM 36.15.601(1)(b)) (MCA 76-5-401(2),))
3. Forestry, including processing of forest products with portable equipment; ((ARM
36.15.601(1)(d)) (MCA 76-5-401(4)))
4. Recreational vehicle use provided that the vehicle is on the site for fewer than 180 consecutive days and the vehicle is fully licensed and ready for highway use.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system with wheels intact, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions; (44 CFR 60.3(c)(14))
5. Residential uses such as lawns, gardens, parking areas, and play areas; ((ARM
36.15.601(1)(e)) (MCA 76-5-401(5)))
6. Maintenance of the existing state of an existing open space uses including preventive maintenance activities such as bridge deck rehabilitation and roadway
pavement preservation activities. Maintenance cannot increase the external size
or increase the hazard potential of the existing open space use; (MCA 76-5-
404(3)(b))
7. Public or private recreational uses not requiring structures such as picnic
grounds, swimming areas, boat ramps, parks, campgrounds, golf courses,
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driving ranges, archery ranges, wildlife management and natural areas, alternative livestock ranches (game farms), fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and
horseback riding trails; (ARM 36.15.601(a)(c)) (MCA 76-5-401,))
8. Fences that have a low impact to the flow of water such as barbed wire fences and wood rail fences, and not including permanent fences crossing channels.
Fences that have the potential to stop or impede flow or debris such as a chain
link or privacy fence requires a floodplain permit and meet the requirements of
Section 9.11; (ARM 36.15.601(2)(b)) (MCA 76-5-401)) 9. Addition of highway guard rail, signing and utility poles that have a low impact to
the flow of water along an existing roadway.
10. Irrigation and livestock supply wells, provided that they are located at least 500
feet from domestic water supply wells and with the top of casing 18” above the Base Flood Elevation. ((ARM 36.15.601(2)(a)) (MCA 76-5-401) (ARM 36.21.647))
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SECTION 6. PROHIBITED USES, ACTIVITIES AND
STRUCTURES WITHIN THE REGULATED FLOOD
HAZARD AREA
6.1 FLOODWAY The following artificial obstructions and nonconforming uses are
prohibited in the Floodway of the Regulated Flood Hazard Area, except for those
established before land use regulations pursuant to Section 76-5-301, MCA have been
adopted: (MCA 76-5-404(3)) 1. A building for residential or non-residential purposes; (MCA 76-5-403(1), (ARM
36.15.605)(1a)), (ARM 36.15.605(2b), (ARM 36.15.605(2)(a)).
2. A structure, fill, or excavation that would cause water to be diverted from the
Floodway, cause erosion, obstruct the natural flow of waters or reduce the carrying capacity of the Floodway. Notwithstanding these requirements,
excavation or fill may be allowed when it is a component to a permitted use
allowed in these regulations; (MCA 76-5-403(2)).
3. The construction or storage of an object (artificial obstruction) subject to flotation or movement during flood level periods; (MCA 76-5-403(3) and ARM
36.15.605(1)(c))
4. Solid and hazardous waste disposal and individual and multiple family sewage
disposal systems unless the systems meet the local health and sanitation regulations and when permitted pursuant to these regulations and are designed
to minimize or eliminate infiltration of flood waters and avoid impairment or
contamination; ((ARM 36-15-605(2c)) (44 CFR 60.3(a)(3)))
5. Storage of toxic, flammable, hazardous or explosive materials; and (ARM 36.15.605(2d))
6. Cemeteries, mausoleums, or any other burial grounds. (Higher Standard)
6.2 FLOOD FRINGE OR REGULATED FLOOD HAZARD AREA WITHOUT A FLOODWAY The following artificial obstructions and nonconforming uses are
prohibited in the Flood Fringe or Regulated Flood Hazard Area without a Floodway,
except for those established before land use regulations have been adopted:
(MCA 76-5-404(3)) 1. Solid and hazardous waste disposal and individual and multiple family sewage disposal systems unless the systems meet the local health and sanitation
regulations and when permitted pursuant to these regulations and are designed
to minimize or eliminate infiltration of flood waters and avoid impairment or
contamination; ((ARM 36-15-703(1)) (44 CFR 60.3(a)(3)))
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2. Storage of toxic, flammable, hazardous or explosive materials; (ARM 36-15-703(2))
3. The construction or storage of an artificial obstruction subject to flotation or
movement during flood level periods; (Higher Standard) 4. Cemeteries, mausoleums, or any other burial grounds; and (Higher Standard)
5. Critical facilities, including buildings and associated structures that provide
essential community care and emergency operation functions such as schools, hospitals, nursing home facilities, fire stations and police stations. ( Higher Standard) (44CFR 60.22(a)(2))
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SECTION 7. FLOODPLAIN PERMIT APPLICATION
REQUIREMENTS
7.1 GENERAL 1. A Floodplain permit is required for a person to establish, alter or substantially
improve an artificial obstruction, nonconforming use or development within the
Regulated Flood Hazard Area; ((44 CFR 60.1) (MCA 76-5-404) (ARM
36.15.204(2)(a))) 2. A Floodplain permit is required for artificial obstructions, developments and uses
not specifically listed in Sections 9 and 10, except as allowed without a
Floodplain permit in Section 5, or as prohibited as specified in Section 6, within
the Regulated Flood Hazard Area;
3. Artificial obstructions and nonconforming uses in a Regulated Flood Hazard Area
not exempt under Section 5 are public nuisances unless a Floodplain permit has
been obtained; (MCA 76-5-404(1))
4. A Floodplain permit is required for an alteration of an existing artificial obstruction or nonconforming use that increases the external size or increases its potential
flood hazard and not exempt under Section 5; ((MCA 76-5-404(3)(b)) (ARM
36.15.204(2)(a)))
5. A Floodplain permit is required to reconstruct or repair an existing artificial obstruction that has experienced substantial damage and will undergo
substantial improvement; and
6. Maintenance of an existing artificial obstruction or use that is a substantial
improvement or an alteration requires a Floodplain permit. (MCA 76-5-404(3)(b))
7.2 REQUIRED FLOODPLAIN PERMIT APPLICATION INFORMATION
1. A Floodplain permit application shall include, but is not limited to the following:
1. A completed and signed Floodplain Permit Application;
2. The required review fee;
3. Plans in duplicate drawn to scale showing the location, dimensions, and
elevation of the proposed project including landscape alterations, existing and
proposed structures, and the location of the foregoing in relation to the
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Regulated Flood Hazard Areas and if applicable the Floodway boundary; ((MCA 76-5-405) (ARM 36.15.216))
4. A copy of other applicable permits or pending applications required by
Federal or State law as submitted which may include but are not limited to a 310 permit, SPA 124 permit, Section 404 Permit, 318 Authorization, 401 Certification or a Navigable Rivers Land Use License or Easement for the
proposed project; and the applicant must show that the Floodplain permit
application is not in conflict with the relevant and applicable permits; and (44
CFR 60.3(a)(2)) 5. Additional information related to the specific use or activity that demonstrates
the design criteria and construction standards are met or exceeded as
specified in Sections 9 and 10. ((MCA 76-5-405) (ARM 36.15.216))
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SECTION 8. FLOODPLAIN PERMIT APPLICATION
EVALUATION
8. 1 FLOODPLAIN PERMIT APPLICATION REVIEW 1. The Floodplain Administrator shall review and evaluate the Floodplain permit
application and shall approve, approve with conditions, or deny the application
within (60 days or a time specified) of receipt of a correct and complete
application. (MCA 76-5-405(2)) 2. The Floodplain Administrator shall determine whether the Floodplain permit
application contains the applicable elements required in these regulations and
shall notify the applicant of the Floodplain Administrator's determination.
3. If the Floodplain permit application is found to be missing the required elements and if the applicant corrects the identified deficiencies and resubmits the
Floodplain application, the Floodplain Administrator shall notify the applicant
whether the resubmitted Floodplain application contains all the elements
required by these regulations, as applicable.
4. This process shall be repeated until the applicant submits a completed Floodplain
permit application containing all the elements required by these regulations, or
the application is withdrawn.
5. If after a reasonable effort the Floodplain Administrator determines that the Floodplain application remains incomplete, the Floodplain Administrator shall
deny the Floodplain permit application and notify the applicant of missing
elements. No further action shall be taken on the Floodplain permit application
by the Floodplain Administrator until the Floodplain permit application is
resubmitted.
6. A determination that a Floodplain permit application is correct and complete for
review does not ensure that the Floodplain permit application will be approved or
conditionally approved and does not limit the ability of the Floodplain
Administrator to request additional information during the review process.
8.2. NOTICE REQUIREMENTS FOR FLOODPLAIN PERMIT APPLICATIONS:
1. Upon receipt of a complete application for a Floodplain permit, the Floodplain
Administrator shall prepare a notice containing the facts pertinent to the Floodplain permit application and shall:
1. Publish the notice at least once in a newspaper of general circulation in the
area; (ARM 36.15.204(2)(c))
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2. Serve notice by first-class mail upon adjacent property owners; (ARM
36.15.204(2)(c))
3. Serve notice to the State National Flood Insurance Program Coordinator located in DNRC by the most efficient method. Notice to other permitting agencies or other impacted property owners may be provided; and
4. Prior to any alteration or relocation of a watercourse in the Regulated Flood
Hazard Area, additionally provide notice to FEMA and adjacent communities. (44 CFR 60.3 (b)(6))
2. The notice shall provide a reasonable period of time, not less than 15 days, for
interested parties to submit comments on the proposed activity. (ARM
36.15.204(2)(c))
8. 3 FLOODPLAIN PERMIT CRITERIA
1. Floodplain permit applications shall be approved provided the proposed new construction, substantial improvement, or alteration of an artificial obstruction
meets the requirements of the minimum standards and criteria in Sections 9 and
10 and other requirements of these regulations. ((MCA 76-5-406) (44 CFR 60.3))
2. A Flood Plain permit application for a development that will cause an increase of more than 0.00 feet to the Base Flood Elevation of the Floodway or more than
0.50 feet to the Base Flood Elevation of the Regulated Flood Hazard Area
without a Floodway shall not be approved until approval for an Alteration
pursuant to Section 4.3 has been approved, the Regulated Flood Hazard Area is
amended and a FEMA CLOMR where required is issued.
3. The Floodplain Administrator shall determine that all necessary permits have
been received from those governmental agencies from which approval is
required by Federal or State law, including section 404 of the Federal Water
Pollution Control Act Amendment of 1972, 36 U.S.C. 1334.(44 CFR 60.3(a)(2)
8.4 DECISION
1. The Floodplain Administrator shall approve, conditionally approve, or deny the
proposed Floodplain permit application. The Floodplain Administrator shall notify the applicant of his action and the reasons thereof within (60 days or time
specified) of receipt of a correct and complete Floodplain permit application
unless otherwise specified. A copy of the approved Floodplain permit must be
provided to DNRC. ((MCA 76-5-405(2)) (ARM 36.15.204(2)(e))
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2. The approval of a Floodplain permit application does not affect any other type of approval required by any other statute or ordinance of the state or any political
subdivision or the United States, but is an added requirement. (MCA 76-5-108)
8.5 FLOODPLAIN PERMIT CONDITIONS AND REQUIREMENTS 1. Upon approval or conditional approval of the Floodplain permit application, the
Floodplain Administrator shall provide the applicant with a Floodplain permit with
applicable specific requirements and conditions including but not limited to the
following: 1. The Floodplain permit will become valid when all other necessary permits
required by Federal or State law are in place;(44 CFR 60.3(a)(2)
2. Completion of the development pursuant to the Floodplain permit shall be
completed within one year from the date of Floodplain permit issuance or a time limit commensurate with the project construction time line for completion
of the project or development. The applicant may request an extension for up
to an additional year. The request must be made at least 30 days prior to the
permitted completion deadline;
3. The applicant shall notify subsequent property owners and their agents and
potential buyers of the Floodplain development permit issued on the property
and that such property is located within a Regulated Flood Hazard Area and
shall record the notice with the Floodplain Administrator; (ARM
36.15.204(2)(g))
4. The applicant shall maintain the artificial obstruction or use to comply with the
conditions and specifications of the permit;
5. The applicant shall allow the Floodplain Administrator to perform on site inspections at select intervals during construction or completion;
6. The applicant shall provide periodic engineering oversight and/or interim
reports during the construction period to be submitted to the Floodplain
Administrator to confirm constructed elevations and other project elements;
7. The applicant shall submit a compliance report including certifications where
required and applicable including flood proofing, elevation, surface drainage,
proper enclosure openings and materials to the Floodplain Administrator within
30 days of completion or other time as specified;
8. The applicant shall submit an annual performance and maintenance report on
bank stabilization or other projects utilizing maturing vegetative components to
the Floodplain Administrator for a period of 5 years or a time specified in the
permit; or
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9. The applicant shall submit evidence of a submittal of a FEMA Letter of Map
Revision (LOMR) to FEMA and applicable fees within 6 months of project
completion and proceed with due diligence for acceptance of the document
and necessary supporting materials by FEMA. (44 CFR 65.3)
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SECTION 9. DEVELOPMENT REQUIREMENTS IN THE
FLOODWAY
9.1 USES REQUIRING PERMITS Artificial obstructions including alterations and
substantial improvements specifically listed in Sections 9.3 to 9.15 may be allowed by
permit within the Floodway, provided the General Requirements in Section 9.2 and the
applicable requirements in Sections 9.3 to 9.15 are met. 9.2 GENERAL REQUIREMENTS An application for a permit shall meet the following
requirements:
1. All projects shall be designed and constructed to ensure that they do not
adversely affect the flood hazard on other properties and are reasonably safe from flooding;
2. All projects shall assure that the carrying capacity of the Floodway is not
reduced. All projects in the Floodway shall meet the following:
1. Demonstrate that the project does not increase the Base Flood Elevation by
conducting an encroachment analysis certified by an engineer. A minimal or
qualitative encroachment analysis may be accepted when the project or
development does not require a structure, alteration of the Floodway, involve
fill, grading, excavation or storage of materials or equipment but is also certified by an engineer to not exceed the allowable encroachment to the
Base Flood Elevation; and
2. The allowable encroachment to the Base Flood Elevation is 0.00 feet, and no
significant increase to the velocity or flow of the stream or water course unless approval of an alteration of the Regulated Flood Hazard Area pursuant
to Section 4.3 and an approved FEMA Conditional Letter of Map Revision
occurs before permit issuance; and
((ARM 36.15.604) (ARM 36.15.505) (ARM 36.15.605(b)) (44 CFR 60.3(a)(3 and
4)) (44CFR 65.12(a))
3. An application for a Floodplain permit must also demonstrate the following factors
are considered and incorporated into the design of the use or artificial obstruction
in the Floodway:
1. The danger to life and property due to backwater or diverted flow caused by
the obstruction or use; ((MCA 76-5-406(1)) (ARM 36.15.216(2)(a)))
2. The danger that the obstruction or use may be swept downstream to the injury of others; ((MCA 76-5-406(2)) (ARM 36.15.216(2)(b))) 3. The availability of alternative locations; ((MCA 76-5-406(3)) (ARM
36.15.216(2)(c))
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4. Construct or alter the obstruction or use in such manner as to lessen the
flooding danger; ((MCA 76-5-406(4)) (ARM 36.15.216(2)(d)))
5. The permanence of the obstruction or use and is reasonably safe from flooding; ((MCA 76-5-406(5) (ARM 36.15.216(2e)))
6. The anticipated development in the foreseeable future of the area which may
be affected by the obstruction or use; ((MCA 76-5-406(6)) (ARM
36.15.216(2f)))
7. Relevant and related permits for the project have been obtained; (44 CFR
60.3(a)(2))
8. Such other factors as are in harmony with the purposes of these regulations, the Montana Floodplain and Floodway Management Act, and the
accompanying Administrative Rules of Montana; and ((MCA 76-5-406(7))
(ARM 36.15.216(2)(g)))
9. The safety of access to property in times of flooding for ordinary and
emergency services. (44CFR 60.22 (c)(7)) (Higher Standard)
9.3 MINING OF MATERIAL REQUIRING EXCAVATION FROM PITS OR POOLS provided, in addition to the requirements of Section 9.2, that: 1. A buffer strip of undisturbed land of sufficient width as determined by an engineer
to prevent flood flows from channeling into the excavation is left between the
edge of the channel and the edge of the excavation; (ARM 36.15.602(1)(a))
2. The excavation meets all applicable laws and regulations of other local and state agencies; and (ARM 36.15.602(1)(b))
3. Excavated material may be processed on site but is stockpiled outside the
Floodway.(ARM 36.15.602(1)(c)) 9.4 RAILROAD, HIGHWAY AND STREET STREAM CROSSINGS, including other
transportation related crossings provided, in addition to the requirements of Section 9.2,
that:
1. Crossings are designed to offer minimal obstructions to the flood flow; (ARM 36.15.602(2))
2. Where failure or interruption of public transportation facilities would result in
danger to public health or safety and where practicable and in consideration of FHWA Federal-Aid Policy Guide 23CFR650A:
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1. Bridge lower chords shall have freeboard to at least two (2) feet above the Base Flood Elevation to help pass ice flows, the base flood discharge and
any debris associated with the discharge; and
2. Culverts shall be designed to pass the Base Flood discharge and maintain at least two (2) feet freeboard on the crossing surface;
3. Normal overflow channels, if possible are preserved to allow passage of
sediments to prevent aggradations; and
4. Mid stream supports for bridges, if necessary, have footings buried below the maximum scour depth.
9.5 LIMITED FILLING FOR ROAD AND RAILROAD EMBANKMENTS, including other
transportation related embankments not associated with stream crossings and bridges
provided, in addition to the requirements of Section 9.2, that:
1. The fill is suitable fill;
2. Reasonable alternate transportation routes outside the floodway are not
available; and (ARM 36.15.602(3))
3. The encroachment is located as far from the stream channel as possible. (ARM
36.15.602(3))
9.6 BURIED OR SUSPENDED UTILITY TRANSMISSION LINES provided, in addition to the requirements of Section 9.2, that:
1. Suspended utility transmission lines are designed such that the lowest point of
the suspended line is at least six (6) feet higher than the Base Flood Elevation;
(ARM 36.15.602(4))
2. Towers and other appurtenant structures are designed and placed to withstand
and offer minimal obstruction to flood flows; (ARM 36.15.602(4))
3. Alternatives such as alternative routes, directional drilling, and aerial crossings are considered when technically feasible; and
4. Utility transmission lines carrying toxic or flammable materials are buried to a
depth of at least twice the calculated maximum scour depth determined by an
engineer for the Base Flood. (ARM 36.15.602(4))
9.7 STORAGE OF MATERIALS AND EQUIPMENT provided, in addition to the
requirements of Section 9.2, that:
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1. The material or equipment is not subject to major damage by flooding and is properly anchored to prevent flotation or downstream movement; or (ARM
36.15.602(5)(a))
2. The material or equipment is readily removable within the limited time available after flood warning. Storage of flammable, toxic or explosive materials shall not be permitted.(ARM 36.15.602(5)(b))
9.8 DOMESTIC WATER SUPPLY WELLS provided, in addition to the requirements of
Section 9.2, that: 1. They are driven or drilled wells located on ground higher than surrounding ground
to assure positive drainage from the well; (ARM 36.15.602(6))
2. They require no other structures (e.g. a well house); (ARM 36.15.602(6))
3. Well casings are water tight to a distance of at least twenty five (25) feet below
the ground surface and the well casing height is a minimum of two (2) feet above
the Base Flood Elevation or capped with a watertight seal and vented two (2)
feet above the Base Flood Elevation; ((ARM 36.15.602(6)) )
4. Water supply lines have a watertight seal where the lines enter the casing; (ARM
36.15.602(6))
5. All pumps and electrical lines and equipment are either of the submersible type or
are adequately flood proofed; and (ARM 36.15.602(6))
6. Check valves are installed on main water lines at wells and at all building entry
locations. ((44 CFR 60.3 (a)(5)) (ARM 36.15.602(6)))
9.9 BURIED AND SEALED VAULTS FOR SEWAGE DISPOSAL IN CAMPGROUNDS AND RECREATIONAL AREAS provided, in addition to the requirements of Section 9.2,
demonstrate approval by Montana Department of Environmental Quality and local
health and sanitation permits or approvals. ((44 CFR 60.3(a)(6)) (ARM 36.15.602(7)))
9.10 PUBLIC AND PRIVATE CAMPGROUNDS provided, in addition to the requirements of Section 9.2, that:
1. Access roads require only limited fill and do not obstruct or divert flood waters;
(ARM 36.15.602(8))
2. The project meets the accessory structures requirements in this Section;
3. No dwellings or permanent mobile homes are allowed; (ARM 36.15.602(8))
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4. Recreational vehicles and travel trailers are ready for highway use with wheels intact, with only quick disconnect type utilities and securing devices, and have no
permanently attached additions; and (44 CFR 60.3(c)(14))
5. There is no large-scale clearing of riparian vegetation within 50 feet of the mean annual high water mark. (Higher Standard)
9.11 STRUCTURES ACCESSORY OR APPURTENANT to permitted uses such as
boat docks, loading and parking areas, marinas, sheds, emergency airstrips, permanent
fences crossing channels that may impede or stop flows or debris, picnic shelters and tables and lavatories, that are incidental to a principal structure or use, provided in addition to the requirements of Section 9.2, that:
1. The structures are not intended for human habitation or supportive of human
habitation; (ARM 36.15.602(9))
2. The structures will have low flood damage potential; (ARM 36.15.602(9))
3. The structures will, insofar as possible, be located on ground higher than the
surrounding ground and as far from the channel as possible; (ARM 36.15.602(9))
4. The structures will be constructed and placed so as to offer a minimal obstruction
to flood flows; (ARM 36.15.602(9))
5. Only those wastewater disposal systems that are approved under health and
sanitation regulations are allowed;
6. Service facilities within these structures such as electrical, heating and plumbing
are flood proofed according to the requirements in Section 10; (ARM
36.15.602(9))
7. The structures are firmly anchored to prevent flotation; (ARM 36.15.602(9))
8. The structures do not require fill and/or substantial excavation;
9. The structures or use cannot be changed or altered without permit approval; and
10. There is no clearing of riparian vegetation within 50 feet of the mean annual high
water mark. (Higher Standard)
9.12 CONSTRUCTION OF OR MODIFICATIONS TO SURFACE WATER DIVERSIONS provided, in addition to the requirements of Section 9.2, that the design is
reviewed and approved by an engineer and includes:
1. Measures to minimize potential erosion from a Base Flood; and (ARM
36.15.603(3)(b))
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2. Designs and plans that demonstrate any permanent structure in the stream is
designed to safely withstand up to the Base Flood considering the forces
associated with hydrodynamic and hydrostatic pressures including flood depths,
velocities, impact, ice buoyancy, and uplift forces associated with the Base Flood. ((ARM 36.15.603(3)(c) ((CFR 60.3(a)(3) (CFR 60.3(d)(3)))
9.13 FLOOD CONTROL AND STREAM BANK STABILIZATION MEASURES
provided, in addition to the requirements of Section 9.2, that the design is reviewed and
approved by an engineer and constructed to substantially resist or withstand the forces associated with hydrodynamic and hydrostatic pressures, including flood depths, velocities, impact, ice, buoyancy, and uplift associated with the Base Flood. The design
must also show compliance with the following applicable criteria: ((CFR 60.3(a)(3) (CFR
60.3(d)(3)) (ARM 36.15.606))
1. LEVEE AND FLOODWALL construction or alteration: 1. Must be designed and constructed with suitable fill and be designed to safely
convey a Base Flood; (ARM 36.15.606(1)(a))
2. Must be constructed at least 3 feet higher than the elevation of the Base
Flood unless the levee or floodwall protects agricultural land only; (ARM 36.15.606(2)(a))
3. Must meet state and federal levee engineering and construction standards
and be publically owned and maintained if it protects structures of more than
one landowner; and (ARM 36.15.505(1)(c)(ii)and (iii))
4. For any increase in the elevation of the Base Flood, an alteration of the
Regulated Flood Hazard Area requires approvals pursuant to Section 4.3.
2. STREAM BANK STABILIZATION, PIER AND ABUTMENT PROTECTION
projects:
1. Must be designed and constructed using methods and materials that are the least environmentally damaging yet practicable, and should be designed to
withstand a Base Flood once the project’s vegetative components are mature
within a period of up to 5 years or other time as required by the Floodplain
Administrator. Once vegetation is mature and established it should not require
substantial yearly maintenance after the initial period;
2. Materials for the project may be designed to erode over time but not fail
catastrophically and impact others. Erosion, sedimentation, and transport of
the materials may be designed to be at least similar in amount and rate of
existing stable natural stream banks during the Base Flood;
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3. Must not increase erosion upstream, downstream, across from or adjacent to
the site in excess of the existing stable natural stream bank during the Base
Flood; and (ARM 36.15.606(1)(b))
4. Materials for the project may include but are not limited to riprap, root wads, brush mattresses, willow wattles, natural woody debris or combinations of
analogous materials.
3. CHANNELIZATION PROJECTS where the excavation and/or construction of an channel is for the purpose of diverting the entire or a portion of the flow of a stream from its established course, the project must:
1. Not increase the magnitude, velocity, or elevation of the Base Flood; and
2. Meet the requirements of Section 9.13.2. (ARM 36.15.101(7)) (ARM 36.15.606(1)(c))
4. DAMS:
1. The design and construction shall be in accordance with the Montana Dam
Safety Act and applicable safety standards; and
2. The project shall not increase flood hazards downstream either through
operational procedures or improper hydrologic/hydraulic design. (ARM
36.15.606(1)(d)
9.14 STREAM AND BANK RESTORATION projects intended to reestablish the
terrestrial and aquatic attributes of a natural stream and not for protection of a structure
or development provided, in addition to the requirements of Section 9.2, that:
1. The project will not increase velocity or erosion upstream, downstream, across from or adjacent to the site; (ARM 36.15.606(1)(b))
2. Materials may include but are not limited to boulders, rock cobble, gravel, native
stream bed materials, root wads, brush mattresses, willow wattles, natural
woody debris or combinations of analogous materials and that reasonably replicates the bed and bank of the natural stream;
3. Erosion, sedimentation, and transport of the materials are not more than the
amount and rate of existing natural stream banks during the Base Flood; and 4. The project may be designed to allow vegetative materials to mature within a
period up to 5 years or other time as required by the Floodplain Administrator.
Once vegetation is mature and established it should not require substantial
yearly maintenance after the initial period.
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9.15 EXISTING RESIDENTIAL AND NON-RESIDENTIAL BUILDINGS IN THE FLOODWAY any alteration or substantial improvement to an existing building must
meet the requirements of Section 9.2 and the applicable requirements in Section 10 for
residential or non-residential buildings. (MCA76-5-404(3)(b))
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SECTION 10. DEVELOPMENT REQUIREMENTS IN
THE FLOOD FRINGE OR REGULATED FLOOD
HAZARD AREA WITH NO FLOODWAY
10.1 USES REQUIRING PERMITS – All uses allowed by permit in the Floodway shall
also be allowed by permit within the Flood Fringe or Regulated Flood Hazard Area with
no Floodway. Such uses are subject to the requirements in Section 9, with the
exception of the encroachment limit of Section 9.2.2. Instead, such uses are subject to
the encroachment limits of this Section 10.2.9.
Except for prohibited artificial obstructions in Section 6.2, all other artificial obstructions
including new construction, substantial improvements, alterations to residential, and
nonresidential structures including manufactured homes, and related suitable fill or
excavation shall be allowed by permit and are subject to the requirements in this Section and General Requirements of Section 9.2, with the exception of the
encroachment limit of Section 9.2.2.
(ARM 36.15.701(2))
10.2 GENERAL REQUIREMENTS An application for a Floodplain permit must demonstrate or meet the following applicable requirements:
1. Base Flood Elevation Where necessary to meet the appropriate elevation
requirement in these regulations, the Base Flood Elevation(s) must be
determined by an engineer and utilized in the design and layout of the project demonstrating the design and construction criteria herein are met. For
Regulated Flood Hazard Areas that do not have computed and published Base
Flood Elevations in the adopted flood hazard study referenced in Section 4, a
Base Flood Elevation must be determined or obtained from a reliable source,
utilizing appropriate engineering methods and analyses;
2. Flood Damage Structures must be constructed by methods and practices that
minimize flood damage and structures must be reasonably safe from flooding;
((44 CFR 60.3(a)) (44 CFR 60.3(a)(3)(iii)))
3. Surface Drainage Adequate surface drainage must be provided around
structures;
4. Materials Structures must be constructed with materials resistant to flood
damage; ((44 CFR 60.3(a)) (44 CFR 60.3(a)(3)(ii)) 5. Artificial Obstructions Structures, excavation or fill must not be prohibited by
any other statute, regulation, ordinance, or resolution; and must be compatible
with subdivision, zoning and any other land use regulations, if any; (ARM 36.15.701(3)(a)) ((ARM 36.15.701(3)(b))
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6. Anchoring All construction and substantial improvements must be designed and adequately anchored to prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;(44CFR 60.3(a)(3)
7. Certification Certification by an engineer, architect, land surveyor, or other
qualified person must accompany the application where required including for an
encroachment analysis, adequacy of structural elevations, Base Flood Elevation
determinations, flood-proofing, enclosure flood openings and design and construction to withstand the hydrodynamic forces and hydrostatic pressures of flood depths, velocities, impact, buoyancy, uplift forces associated with the Base
Flood and surface drainage. A certification is not intended to constitute a
warranty or guarantee of performance, expressed or implied;
((ARM 36.15.606(1) (ARM 36.15.702(2)(c)) (ARM 36.15.801(3)(b)) (44 CFR 60.3(c)(3
&4)) (44 CFR 60.3 (d)(3)))
8. Access Structures must have safe access during times of flooding up to the
Base Flood for ordinary and emergency services provided there are no reasonable alternate locations for structures; (Higher Standard)
9. Encroachment Analysis
1. All applications in the Regulated Flood Hazard Area without a Floodway must
be supported by an encroachment analysis of the proposed use, a thorough
hydrologic and hydraulic analysis except as provided in following paragraph
4, Section 10.2.9.4, prepared by an engineer to demonstrate the effect of the structure on flood flows, velocities and the Base Flood Elevation; ((ARM
36.15.604) (44 CFR 60.3(a)(3))
2. The maximum allowable encroachment is certified to be at or less than 0.5
feet increase to the Base Flood Elevation unless approval of an alteration of the Regulated Flood Hazard Area pursuant to Section 4 and an approved
FEMA Conditional Letter of Map Revision occurs before permit issuance;
((ARM 36.15.604) (ARM 36.15.505) (44 CFR 60.3(c)(13)))
3. An encroachment analysis is not required for any development in the Flood Fringe where an accompanying Floodway has been designated within the
Regulated Flood Hazard Area; and
4. Although all other development standards herein apply, a minimal or
qualitative encroachment analysis may be accepted when the project or development does not require a structure, alteration of the Floodplain, involve
fill, grading, excavation or storage of materials or equipment and also is
certified by an engineer to not exceed the allowable encroachment.
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10. Electrical Systems Flood Proofing All electrical service materials, equipment and installation for uses in a Regulated Flood Hazard Area must be certified to
meet the following requirements:
1. All incoming power service equipment including all metering equipment, control centers, transformers, distribution and lighting panels and all other stationary equipment must be located at least two feet above the Base Flood
Elevation; (ARM 36.15.901(1)(a))
2. Portable and movable electrical equipment may be placed below the Base Flood Elevation, provided that the equipment can be disconnected by a single plug and socket assembly of the submersible type; (ARM 36.15.901(1)(b))
3. The main power service lines must have automatically operated electrical
disconnect equipment or manually operated electrical disconnect equipment
located at an accessible remote location outside the Regulated Flood Hazard Area or two feet above the Base Flood Elevation; and (ARM 36.15.901(1)(c))
4. All electrical wiring systems installed below the Base Flood Elevation must be
suitable for continuous submergence and may not contain fibrous
components. (ARM 36.15.901(1)(d))
11. Heating and Cooling Systems Flood Proofing Heating and cooling systems
for uses in a Regulated Flood Hazard Area must be certified to meet the
following requirements: 1. Float operated automatic control valves must be installed so that fuel supply is
automatically shut off when flood waters reach the floor level where the
heating and cooling systems are located; (ARM36.15.902(1)(a))
2. Manually operated gate valves must be installed in gas supply lines. The gate valves must be operable from a location above the Base Flood Elevation;
(ARM36.15.902(1)(b))
3. Electrical Systems flood proofing must be met; and (ARM36.15.902(1)(c))
4. Furnaces and cooling units must be installed at least two (2) feet above the
Base Flood Elevation and the ductwork installed above the Base Flood
Elevation.
12. Plumbing Systems Flood Proofing Plumbing systems for uses in the Regulated Flood Hazard Area must be certified to meet the following
requirements:
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1. Sewer lines, except those to a buried and sealed vault, must have check valves installed to prevent sewage backup into permitted structures; and
(ARM 36.15.903(1)(a))
2. All toilets, stools, sinks, urinals, vaults, and drains must be located so the lowest point of possible flood water entry is at least two (2) feet above the
Base Flood Elevation. (ARM 36.15.903(1)(b))
13. Structural Fill Flood Proofing Fill used to elevate structures, including but not limited to residential and non-residential buildings must be certified to meet the following requirements:
1. The filled area must be at or above the Base Flood Elevation and extend at
least fifteen (15) feet beyond the structure in all directions;
2. Fill material must be suitable fill, that is stable, compacted, well graded, and
pervious, not adversely affected by water and frost, devoid of trash or similar
foreign matter, tree stumps or other organic material; and is fitting for the
purpose of supporting the intended use and/or permanent structure. (ARM
36.15.101(22))
3. The fill must be compacted to minimize settlement and compacted to 95
percent of the maximum density. Compaction of earthen fill must be certified
by a engineer;
4. No portion of the fill is allowed within the floodway;
5. The fill slope must not be steeper than 1 ½ horizontal to 1 vertical unless
substantiating data justifying a steeper slope is provided and adequate
erosion protection is provided for fill slopes exposed to floodwaters; and
6. The fill must be a minimum of 0.5 feet above the Base Flood Elevation and
extend at least fifteen (15) feet beyond the structure in all directions. (Higher
Standard—replace sentence number 1. above)
14. Wet Flood Proofing Building designs with an enclosure below the lowest floor
must be certified to meet the following:
1. Materials used for walls and floors are resistant to flooding to an elevation two (2) feet or more above the Base Flood Elevation; (ARM 36.15.702(2)(a))
2. The enclosure must be designed to equalize hydrostatic forces on walls by allowing for entry and exit of floodwaters. Opening designs must either be certified by an engineer or architect or meet or exceed the following:
1. Automatically allow entry and exit of floodwaters through screens, louvers,
valves, and other coverings or devices;
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2. Have two (2) or more openings with a total net area of not less than one
(1) square inch for every one (1) square foot of enclosed area below the
Lowest Floor, except if the enclosure is partially subgrade, a minimum of 2 openings may be provided on a single wall; and
3. Have the bottom of all openings no higher than one (1) foot above the
higher of the exterior or interior adjacent grade or floor immediately below
the openings. (44 CFR 60.3(c)(5)) (NFIP Insurance Manual, Rev. May 2013)
15. Dry Flood Proofing Building designs that do not allow internal flooding must
be certified according to these regulations to meet the following: 1. Building use must be for non-residential use only and does not include mixed
residential and non-residential use;
2. Be Flood Proofed to an elevation no lower than two (2) feet above the Base
Flood Elevation;
3. Be constructed of impermeable membranes or materials for floors and walls and have water tight enclosures for all windows, doors and other openings;
and
4. Be designed to withstand the hydrostatic pressures and hydrodynamic forces resulting from the Base Flood and the effects of buoyancy. ((ARM 36.15.702(2)(b)) (44 CFR 60.3(c)(3))
16. Elevation of the Lowest Floor Elevating the lowest floor may be by either
suitable fill, foundation wall enclosure, stem walls, pilings, posts, piers, columns or other acceptable means; ((MCA 76-5-402(2)(b)) (44 CFR 60.3(b)(8)) (44 CFR 60.3(c)(6)))
17. Crawl Spaces Crawl space foundation enclosures including sub grade crawlspace enclosures below the lowest floor must meet the wet flood proofing requirements and be designed so that the crawl space floor is at or above the
Base Flood Elevation. Crawl space foundations must have an inside dimension
of not more than five (5) feet from the ground to the top of the living floor level
and a sub grade crawlspace must also have the interior ground surface no more
than two (2) feet below the exterior lowest adjacent ground surface on all sides. A sub grade foundation exceeding either dimension is a basement;
18. Manufactured Home Anchors For new placement, substantial improvement
or replacement of manufactured homes for residential or nonresidential use including additions, the chassis must be secure and must resist flotation,
collapse or lateral movement by anchoring with anchoring components capable
of carrying a force of 4,800 pounds and as follows:
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1. For manufactured homes less than fifty (50) feet long, over-the-top ties to
ground anchors are required at each of the four (4) corners of the home, with
two additional ties per side at intermediate locations; or
2. For manufactured homes more than fifty (50) feet long, frame ties to ground anchors are required at each corner of the home with five (5) additional ties
per side at intermediate points; and
((CFR 60.3(b)(8)) CFR 60.3(c)(6)))
19. Access Access for emergency vehicles is provided. For manufactured homes, access for a manufactured home hauler is also provided. (Higher Standard)
10.3 RESIDENTIAL BUILDING, EXCEPTIONS OR ADDITIONAL REQUIREMENTS
New construction, alterations, and substantial improvements of residential dwellings, manufactured homes, including replacement of manufactured homes, must be
constructed such that:
1. Elevation of the Lowest Floor The Lowest Floor of the building including an
attached garage or basement must be two (2) feet or more above the Base Flood Elevation; (ARM 36.15.701(3))
2. Enclosure Enclosures of elevated buildings cannot be dry flood proofed. Use
for an enclosure is limited to facilitating building component access. The
enclosure including a crawlspace must be wet flood proofed and the enclosure floor must be at or above the Base Flood Elevation. An attached garage floor
must be two (2) or more feet above the Base Flood Elevation; and
3. Recreation Vehicles Recreational vehicles on site for more than 180 days or
not ready for highway use must meet the requirements for manufactured homes for residential use.
10.4 NON-RESIDENTIAL BUILDING, EXCEPTIONS OR ADDITIONAL
REQUIREMENTS New construction, alterations, and substantial improvements of non-
residential including agricultural, commercial and industrial buildings and residential and non-residential accessory buildings must be constructed such that:
1. Elevation of the Lowest Floor The Lowest Floor of the building must be
elevated two (2) feet above the Base Flood Elevation or adequately dry flood
proofed according to this Section. The Lowest Floor may be wet proofed provided the use is limited to only parking, loading and storage of equipment or
materials not appreciably affected by floodwater; ((ARM 36.15.702(2) (44 CFR
60.3(c)(3)(ii) (44 CFR 60.3(c)(3) & (4)))
2. Enclosure Enclosures below the Lowest Floor on elevated buildings must be wet flood proofed and the use must be limited to parking, access or storage or
must be adequately dry flood proofed according to this Section;
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3. Manufactured homes Manufactured homes proposed for use as non-residential
buildings cannot be dry flood proofed; and
4. Agricultural structures Agricultural structures not intended to be insurable, used solely for agricultural purposes, having low flood damage potential, used exclusively in connection with the production, harvesting, storage, drying, or
raising of agricultural commodities including raising of livestock, and not intended
for human habitation are exempt from the elevation requirement, dry or wet flood
proofing, but shall: 1. Be located on higher ground and as far from the channel as possible;
2. Offer minimal obstruction to flood flows;
3. Be adequately anchored to prevent flotation or collapse;
4. Where electrical, heating and plumbing systems are installed, meet the flood
proofing requirements in Sections 10.2.10, 10.2.11, and 10.2.12; and
5. Meet the elevation or dry flood proofing requirements if the structure is an animal confinement facility.
((ARM 36.15.602(9) (ARM 36.15.701(3)(e)) (ARM 36.15.702(2))
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SECTION 11. EMERGENCIES
11.1 General
1. Emergency repair and replacement of severely damaged artificial obstructions and development in the Regulated Flood Hazard Area, including public
transportation facilities, public water and sewer facilities, flood control works, and
private projects are subject to the permitting requirements of these
regulations.(ARM 36.15.217)
2. The provisions of these regulations are not intended to affect other actions that
are necessary to safeguard life or structures during periods of emergency.
11.2 Emergency Notification and Application Requirements 1. The property owner and or the person responsible for taking emergency action
must notify the Floodplain Administrator prior to initiating any emergency action
in a Regulated Flood Hazard Area normally requiring a Floodplain permit. An
Emergency Notification Form must be submitted to the Floodplain Administrator
within five (5) days of the action taken as a result of an emergency.
2. Unless otherwise specified by the Floodplain Administrator, within 30 days of
initiating the emergency action, a person who has undertaken an emergency
action must submit a Floodplain Permit Application that describes what action
has taken place during the emergency and describe any additional work that may be required to bring the project in compliance with these regulations.
3. A person who has undertaken an emergency action may be required to modify or
remove the project in order to meet the permit requirements.
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SECTION 12. VARIANCES
12.1 GENERAL - A variance from the minimum development standards of these
regulations may be allowed. An approved variance would permit construction in a
manner otherwise as required or prohibited by these regulations. ((44 CFR 59.1) (ARM 36.15.218))
12.2 VARIANCE APPLICATION REQUIREMENTS:
1. Prior to any consideration of a variance from any development standard in these regulations, a completed Floodplain Permit application and required supporting
material must be submitted.
2. Additionally, supporting materials in a Variance application specific to the
variance request including facts and information addressing the criteria in this Section must be submitted.
3. If the Floodplain permit application and Variance application is deemed not
correct and complete, the Floodplain Administrator shall notify the applicant of
deficiencies within a reasonable time not to exceed 30 days. Under no circumstances should it be assumed that the variance is automatically granted.
12.3 NOTICE REQUIREMENTS FOR FLOODPLAIN VARIANCE APPLICATION
Public Notice of the Floodplain permit application and Variance application shall be
given pursuant to Section 8.2. 12.4 EVALUATION OF VARIANCE APPLICATION
1. A Floodplain permit and Variance shall only be issued upon a determination that
the variance is the minimum allowance necessary, considering the flood hazard, to afford relief from these regulations and provided all of the following criteria are met:
1. There is a good and sufficient cause. Financial hardship is not a good and
sufficient cause; (44 CFR 60.6(a)(3)) 2. Failure to grant the variance would result in exceptional hardship to the
applicant; (44 CFR 60.3(a)(3)) & ARM 36.15.218(b))
3. Residential and nonresidential buildings are not in the Floodway except for alterations or substantial improvement to existing buildings, Residential dwellings including basements and attached garages do not have the
lowest floor elevation below the Base Flood Elevation;
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4. Any enclosure including a crawl space must meet the requirements of Section 10.2.14, Wet Flood Proofing if the enclosure interior grade is at or
below the Base Flood Elevation;
5. Granting of a variance will not result in increased flood heights to existing buildings, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict
with other existing local laws or ordinances; (44 CFR 60.6 (a)(3) & (ARM
36.15.218(a))
6. The proposed use is adequately flood proofed; (ARM 36.15.218(c))
7. The variance is the minimum necessary, considering the flood hazard, to
afford relief; (44 CFR 60.6(a)(4))
8. Reasonable alternative locations are not available; (MCA 76-5-406(3) & ARM 36.15.218(d))
9. An encroachment does not cause an increase to the Base Flood Elevation
that is beyond that allowed in these regulations; and (44 CFR 60.6(a)(1))
10. All other criteria for a Floodplain permit besides the specific development
standard requested by variance are met.
2. An exception to the variance criteria may be allowed as follows:
1. For either new construction of a structure outside of the Floodway only or
for substantial improvements or an alteration of a structure, on a lot of
one-half acres or less that is contiguous to and surrounded by lots with
existing structures constructed below the Base Flood Elevation; or (44
CFR 60.6(a).
2. For Historic Structures – variances may be issued for the repair or
rehabilitation of historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum relief necessary to preserve the historic character and design of the structure.
The historic nature of the building must be designated as a preliminary or
historic structure by U.S. Secretary of Interior or an approved state or local
government historic preservation program. (44 CFR 60.6(a)) 12.5 DECISION
1. The {Board of Adjustment, County Commission, or other panel} shall:
1. Evaluate the Floodplain permit application and Variance application using
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the criteria in Section 12.4, and the application requirements and minimum development standards in Section 9 and 10;
2. Make findings, and approve, conditionally approve or deny a Floodplain
permit and variance within 60 days of a complete application. 3. If approved, attach conditions to the approval of Floodplain permit and
Variance including a project completion date and inspections during and
after construction.
4. Notify the applicant that the issuance of a Floodplain permit and Variance
to construct a structure not meeting the minimum building requirements in
these regulations may result in increased premium rates for flood
insurance and that flood insurance premiums are determined by actuarial
risk and will not be modified by the granting of a variance. (44CFR 60.6(a))
5. Submit to the Floodplain Administrator a record of all actions involving a
Floodplain permit and variance, including the findings and decision and send a copy of each variance granted to DNRC.(44 CFR 60.6(a)(6) & MCA 76-5-405)
12.6 JUDICIAL REVIEW Any person or persons aggrieved by the Floodplain permit and variance decision may
appeal such decision in a court of competent jurisdiction.
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SECTION 13. ADMINISTRATIVE APPEALS
13.1 GENERAL An administrative appeal may be brought before the {Board of Adjustment, County Commission, or other panel} for review of the Floodplain
Administrator’s order, decision to grant, condition or deny a floodplain permit or
interpretation of the Regulated Flood Hazard Area boundary.
13.2 APPEALS REQUIREMENTS The following provisions apply to administrative appeals:
1. An appeal shall include the basis of the appeal and supporting information
including specific findings and conclusions of the Floodplain Administrator’s
decision being appealed;
2. An appeal may be submitted by an applicant and/or anyone who may be
aggrieved by the Floodplain Administrator’s decision or order;
3. Appeals must be received within 30 days of the date of the decision or order of the Floodplain Administrator; and
4. Additional information specific to the appeal request may be requested by the
review panel. 13.3 NOTICE AND HEARING
1. Notice of the pending appeal and hearing shall be provided pursuant to Section
8.2. The Floodplain Administrator may notify DNRC and FEMA of pending
appeals.
2. A public hearing on the appeal must be held within 30 days of the Notice unless
set otherwise.
13.4 DECISION A judgment on an appeal shall be made within 30 days of the hearing unless set
otherwise. The decision may affirm, modify, or overturn the Floodplain Administrator’s
decision. A decision on an appeal of a permit cannot grant or issue a variance. A
decision may support, reverse or remand an order or determination of a boundary of the
Regulated Flood Hazard Area by the Floodplain Administrator. 13.5 JUDICIAL REVIEW
Any person or persons aggrieved by the decision on an administrative appeal may
appeal such decision in a court of competent jurisdiction.
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SECTION 14. ENFORCEMENT
14.1 INVESTIGATION REQUEST An investigation to determine compliance with
these regulations for an artificial obstruction or nonconforming use within the Regulated
Flood Hazard Area may be made either on the initiative of the Floodplain Administrator or on the written request of three titleholders of land which may be affected by the
activity. The names and addresses of the persons requesting the investigation shall be
released if requested. (MCA 76-5-105)(2)
14.2 NOTICE TO ENTER AND INVESTIGATE LANDS OR WATERS The Floodplain Administrator may make reasonable entry upon any lands and waters for the purpose of
making an investigation, inspection or survey to verify compliance with these
regulations. (MCA 76-5-105(1))
1. The Floodplain Administrator shall provide notice of entry by mail, electronic mail, phone call, or personal delivery to the owner, owner’s agent, lessee, or lessee’s
agent whose lands will be entered.
2. If none of these persons can be found, the Floodplain Administrator shall affix a
copy of the notice to one or more conspicuous places on the property.
3. If the owners do not respond, cannot be located or refuse entry to the Floodplain
Administrator, the Floodplain Administrator may initiate a Search Warrant.
(Higher Standard)
14.3 NOTICE TO RESPOND AND ORDER TO TAKE CORRECTIVE ACTION When
the Floodplain Administrator determines that a violation may have occurred, the
Floodplain Administrator may issue written notice to the owner or an agent of the owner,
either personally or by certified mail. Such notice shall cite the regulatory offense and
include an order to take corrective action within a reasonable time or to respond by requesting an administrative review by the Floodplain Administrator.
14.4 ADMINISTRATIVE REVIEW The order to take corrective action is final, unless
within five (5) working days or any granted extension, after the order is received, the
owner submits a written request for an administrative review by the Floodplain Administrator. A request for an administrative review does not stay the order.
14.5 APPEAL OF ADMINISTRATIVE DECISION Within ten (10) working days or any
granted extension of receipt of the Floodplain Administrator’s decision concluding the
administrative review, the property owner or owner’s agent may appeal the decision pursuant to Section 13.
14.6 FAILURE TO COMPLY WITH ORDER TO TAKE CORRECTIVE ACTION If the
owner fails to comply with the order for corrective action, remedies may include
administrative or legal actions, or penalties through court.
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14.7 OTHER REMEDIES This section does not prevent efforts to obtain voluntary
compliance through warning, conference, or any other appropriate means. Action
under this part shall not bar enforcement of these regulations by injunction or other
appropriate remedy.
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SECTION 15. PENALTIES
15.1 MISDEMEANOR Violation of the provisions of these regulations or failure to
comply with any of the requirements, including failure to obtain permit approval prior to
development in the Regulated Flood Hazard Area except for an emergency, shall constitute a misdemeanor and may be treated as a public nuisance.
Any person who violates these regulations or fails to comply with any of its requirements
shall, upon conviction thereof, be fined not more than $100 or imprisoned for not more
than 10 days or both. Each day’s continuance of a violation shall be deemed a separate and distinct offense. (MCA 76-5-110)
15.2 DECLARATION TO THE FEDERAL FLOOD INSURANCE ADMINISTRATOR
Upon finding of a violation and failure of the owner to take corrective action as ordered,
the Floodplain Administrator may submit notice and request a 1316 Violation Declaration to the Federal Insurance Administrator. The Federal Insurance
Administrator has the authority to deny new and renewal flood insurance for a structure
upon finding a valid violation declaration. (44 CFR 73.3)
The Floodplain Administrator shall provide the Federal Insurance Administrator the following:
1. The name(s) of the property owner(s) and address or legal description of the
property sufficient to confirm its identity and location;
2. A clear and unequivocal declaration that the property is in violation of a cited
State or local law, regulation or ordinance;
3. A clear statement that the public body making the declaration has authority to do
so and a citation to that authority;
4. Evidence that the property owner has been provided notice of the violation and
the prospective denial of insurance; and
5. A clear statement that the declaration is being submitted pursuant to section 1316 of the National Flood Insurance Act of 1968, as amended.
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