Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.1 - Definitions › Rule 36.15.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the definition of terms contained in section
				  76-5-103, MCA, and unless the
				  context requires otherwise, as used in the Act and in this chapter:
(1) "Act" means Title 76, chapter 5, MCA, as
				amended.
(2) "Alteration" means any
				change or addition to an artificial obstruction that either increases the size
				of the artificial obstruction or increases its potential flood hazard.
				Maintenance of an artificial obstruction is not an alteration.
(3) "Artificial obstruction" means any
				obstruction which is not natural and includes any dam, diversion, wall, riprap,
				embankment, levee, dike, pile, abutment, projection, revetment, excavation,
				channel rectification, bridge, conduit, culvert, building, refuse, automobile
				body, fill or other analogous structure or matter in, along, across, or
				projecting into any 100-year floodplain which may impede, retard, or alter the
				pattern of 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 water would
				carry the same downstream to the damage or detriment of either life or
				property.
(4) "Base flood" means a
				flood having a one percent (1%) chance of being equalled or exceeded in any
				given year. A base flood is the same as a flood of 100-year
				frequency.
(5) "Base flood
				elevation" means the elevation above sea level of the base flood in relation to
				national geodetic vertical datum of 1929, unless otherwise specified.
(6) "Board" means the board of natural
				RESOURCES AND CONSERVATION.
(7)
				"Channelization project" means the excavation and construction of an artificial
				channel for the purpose of diverting the entire flow of a watercourse or
				drainway from its established course.
(8) "Department" means the department of
				natural RESOURCES AND CONSERVATION.
(9) "Establish" means to construct, place,
				insert, or excavate.
(10) "Flood
				fringe" means that portion of a designated floodplain outside the limits of a
				designated floodway.
(11)
				"Floodplain," means the area adjoining the watercourse or drainway which would
				be covered by the floodwater of a base flood except for sheetflood areas that
				receive less than 1 foot of water per occurrence and are considered zone b
				areas by the federal emergency management agency. The floodplain consists of
				the floodway and flood fringe.
(12)
				"Flood boundary" the designated floodplain boundary is based on base flood
				elevations. The mapped floodplain boundary may be used as a guide for
				determining whether property is within the designated floodplain, but the exact
				boundary shall be determined according to the base flood elevation.
(13) "Floodway," means the channel of a
				watercourse or drainway and those portions of the floodplain adjoining the
				channel which are reasonably required to carry and discharge the floodwater of
				any watercourse or drainway.
(14)
				"Lowest floor" means any floor used for living purposes, storage, or
				recreation. This includes any floor that could be converted to such a
				use.
(15) "Manufactured home" means
				a structure that 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. For floodplain management purposes it also
				includes park trailers, travel trailers, and other similar vehicles placed on a
				site for greater than 180 consecutive days.
(16) "Permit issuing authority" means the
				responsible political subdivision, if any, or the department if there is no
				responsible political subdivision.
(17) "Responsible political subdivision"
				means a political subdivision that has received board approval of its adopted
				land use regulations and administrative and enforcement procedures in
				accordance with section
				76-5-302, MCA, and ARM
				36.15.201 through
				36.15.204.
(18) "Riprap" means stone, rock, concrete
				block, or analogous material that is placed along the banks or bed of a
				watercourse or drainway for the purpose of alleviating erosion.
(19) "Sheetflooding" means areas subject to
				100-year flooding with depths less than one (1) foot. Sheetflood areas are
				generally removed from the main stream channel and have been identified as zone
				b by FEMA or as a sheetflood zone by the soil conservation service.
(20) "Start of construction" for purposes of
				these rules means the commencement of clearing, grading, filling or excavation
				for the purposes of preparing a site for construction.
(21) "Substantial improvement" means any
				repair, reconstruction, or improvement of a structure, the cost of which equals
				or exceeds fifty percent (50%) of the market value of the structure either:
(a) before the improvement or repair is
				started, or
(b) if the structure
				has been damaged, and is being restored, before the damage occurred. For the
				purposes of this definition, substantial improvement is considered to occur
				when the first construction to any wall, ceiling, floor, or other structural
				part of the building commences. The term does not include:
(i) 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
(ii) any alteration
				of a structure listed on the national register of historic places or state
				inventory of historic places.