Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.204 - LOCAL REGULATIONS - REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Land use regulations adopted by a local political subdivision in conformance
				with the Act and these rules may include zoning, building codes, and
				subdivision regulations adopted pursuant to other enabling statutory authority,
				such as Title 76, chapters 1 and 3; Title 76, chapter 2, part 3; and Title 76,
				chapter 2, parts 1 and 2, MCA; as well as regulations adopted under the
				authority given in sections
				76-5-404 through
				76-5-406, MCA.
(2) Any land use regulations and
				administrative and enforcement procedures adopted to comply with the Act and
				these rules must include the following:
(a) A
				permit is required prior to the new construction, substantial improvement or
				alteration of any artificial obstruction;
(b) Regulations governing the granting of
				permits must be at least as stringent as the minimum standards contained in
				these rules;
(c) Provisions for
				providing notice to the department, adjacent property owners, and the public of
				proposed actions requiring a permit or variance in accordance with these rules.
				Notice shall be published in a legal newspaper published or of general
				circulation in the area and shall include a brief description of the proposed
				activity. There shall be a period not less than fifteen days following
				publication of notice to receive comment regarding the proposed activity for
				consideration prior to issuance of a permit or variance. If the responsible
				political subdivision determines that comments warrant it, a hearing may be
				held to determine if the proposed issuance or denial of a permit or the
				proposed issuance or denial of a variance is in accordance with adopted
				regulations and these rules.
(d)
				The approval of the department must be obtained prior to the approval by the
				political subdivision pursuant to ARM
				36.15.216(3) of
				any permit application that is in variance with the adopted regulations and
				these rules;
(e) Copies of all
				permits and variances granted must be sent to the department;
(f) Before the regulations are effective, all
				known property owners within the designated floodplain and designated floodway
				must be notified by mail by the political subdivision that their property is
				located within the designated floodplain or floodway and is subject to
				regulation. This notification provision shall not apply to political
				subdivisions that have adopted building codes requiring permits for new
				construction or to municipalities or counties that have received flood hazard
				boundary maps or flood insurance rate maps from the United States department of
				housing and urban development or the federal emergency management
				agency;
(g) A disclosure provision
				requiring all property owners with property in a designated floodplain or
				floodway, or their agents, to notify potential buyers that such property is
				located within the designated floodplain or floodway and is subject to
				regulation;
(h) An official must be
				hired or appointed with the authority to review permit applications and
				proposed uses or construction to determine compliance with the Act, these
				rules, and the regulations adopted by the political subdivision.