reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.6 - Periodic Owner Inspections › Rule 36.14.602 - FIVE-YEAR DAM EVALUATION - VISUAL INSPECTION AND SAFETY EVALUATION ITEMS

Current through Register Vol. 13, July 5, 2024
(1) The visual inspection and safety
				evaluation must include, but not be limited to:
(a) review and analysis of previous visual
				inspection and safety evaluation reports and available data on the design,
				construction, operation, and maintenance of the dam and its
				appurtenances;
(b) visual
				inspection of the dam, its appurtenances, the downstream area, and all other
				areas affected by the structure;
(c) evaluation or plan for a full evaluation
				over no more than a 5-year period of the general conditions of the dam,
				spillways, and other appurtenances, including an assessment of the hydrologic
				and hydraulic capabilities, structural stability, and any other conditions that
				constitute or could constitute a hazard to the integrity of the
				structure;
(d) evaluation of
				operation, maintenance, emergency, and inspection procedures employed by the
				owner;
(e) analysis of piezometric
				levels or other data from any instrumentation or monitoring of the
				dam;
(f) review and analysis of the
				rate and volume of seepage and condition and maximum flow capability of any
				seepage collection system;
(g)
				review and documentation of the condition of surfaces and vegetation on the
				crest and slopes of the dam and area beyond the downstream toe of the
				dam;
(h) review of maximum
				operating water surface elevation and amount of freeboard;
(i) review and documentation of the condition
				of spillways and water level control structures, including all conduits exiting
				the dams; and
(j) other items the
				engineer determines are necessary to document and determine the safety of the
				dam.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.6 - Periodic Owner Inspections › Rule 36.14.603 - ENGINEER'S REPORT OF FIVE-YEAR DAM EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) The engineer shall prepare a written
				report and photographic record of the inspection. The report must contain the
				following:
(a) the date and findings of the
				inspection and an assessment of the conditions of the dam and reservoir based
				on the visual observations, available data on the design, construction,
				operation, and maintenance of the structure, and hydrologic, hydraulic,
				stability, and other evaluations;
(b) recommendations for any critical or
				emergency measures or actions;
(c)
				recommendations for corrective measures or actions relating to design,
				construction, operation, maintenance, and inspection of the
				structure;
(d) recommendations for
				time periods appropriate for implementing any necessary emergency or corrective
				measures or actions to improve the safety of the dam to an acceptable
				level;
(e) recommendations for
				additional detailed studies, investigations, and analyses;
(f) recommendations for the safe storage
				level of the dam or reservoir; and
(g) recommendations for the time of the next
				inspection by an engineer.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.7 - Emergency Measures › Rule 36.14.701 - EMERGENCY CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) The following
				constitute emergency conditions on any dam or reservoir:
(a) failure of the dam; or
(b) the occurrence of a critical condition
				such that the integrity of the dam or any of its appurtenances is immediately
				threatened, including for example:
(i)
				excessive and unusual seepage on the outer slope or downstream from the toe of
				the dam or near or around a conduit through the dam as indicated by unusual
				damp areas, boils, cones, and deltas;
(ii) bulging of the downstream slope of the
				dam;
(iii) subsidence or cracking
				of the crest on either slope of the dam and slopes in the reservoir
				area;
(iv) substantial or
				threatening surface erosion, gullying, or wave erosion on the upstream or
				downstream slope of the dam, including berms and the area beyond the downstream
				toe of the dam and below or around conduits exiting the dam or spillways;
				and
(v) an inflow that equals or
				exceeds the maximum inflow design flood.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.7 - Emergency Measures › Rule 36.14.702 - EMERGENCY ACTIONS - OWNER

Current through Register Vol. 13, July 5, 2024
(1) If at any
				time it is discovered that an emergency or an immediate hazard condition
				exists, the owner or his representative shall:
(a) immediately take remedial measures,
				notify the local sheriff, and notify the department of the emergency action or
				repairs or breaching to be instituted by the owner; and
(b) for dams being operated under an
				operation permit, the owner shall immediately implement the emergency action
				plan.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.7 - Emergency Measures › Rule 36.14.703 - EMERGENCY ACTIONS - DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall immediately notify the county sheriff, and employ any or
				additional remedial measures, or enter into and immediately take such actions,
				necessary to protect human life or property if, in the department's opinion:
(a) the condition of a dam or reservoir or
				appurtenant work is so dangerous to the safety of human life or property as not
				to allow time for the issuance and enforcement of an order; or
(b) the owner fails to comply with an
				emergency order or emergency action plan or it cannot be ascertained if the
				owner has complied with the order or if the owner can't be found.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.8 - Complaints to the Department of Unsafe or Dangerous Dams › Rule 36.14.801 - JURISDICTIONAL SIZE OF THE DAM OR RESERVOIR (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-15-110, MCA; IMP,
					 85-15-106,
					 85-15-214,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.8 - Complaints to the Department of Unsafe or Dangerous Dams › Rule 36.14.802 - AFFIDAVIT OF COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) A written
				affidavit must be submitted alleging that the person or property of the
				complainant is endangered by the maintenance, operation, or condition of a dam
				or reservoir, including the following sworn facts:
(a) name, address, and telephone number of
				the owner of the dam or reservoir;
(b) estimated capacity of the reservoir in
				acre-feet or dam crest height and surface area of the full pool;
(c) factual description of the complaint and
				any supporting information or data;
(d) location of the dam or
				reservoir;
(e) name, address, and
				telephone number of complainant; and
(f) notarized signature of the
				complainant.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.8 - Complaints to the Department of Unsafe or Dangerous Dams › Rule 36.14.803 - INVESTIGATION AND INSPECTION

Current through Register Vol. 13, July 5, 2024
(1) If an
				emergency condition does not exist, the department shall submit the affidavit
				of complaint to the owner for review and response within a reasonable time set
				by the department.
(2) If an
				emergency condition pursuant to ARM
				36.14.701 exists, the department
				shall proceed pursuant to ARM
				36.14.703 if the owner fails to
				immediately act.
(3) Upon review of
				the affidavit of complaint, owner's response, and all other pertinent
				department records, the department may conduct or order an inspection. If the
				department has insufficient data or information, the department shall conduct
				an inspection.
(4) Prior to the
				department-ordered inspection, notification must be given to the dam owner and
				complainant of the date and estimated cost of the inspection.
(a) Within a reasonable time, the owner shall
				provide all readily available engineering design and performance data to the
				department or inspector.
(b) The
				owner shall allow access and operate the dam and its facilities as directed by
				the inspector or the department for the inspection.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.201 - LOCAL REGULATION AND ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				If a political subdivision adopts land use regulations that equal or exceed the
				minimum standards contained in sub-chapters 6 through 9 of these rules within
				the time specified and if the administrative and enforcement procedures for
				such regulations meet the requirements of these rules and are approved by the
				board in accordance with section
				76-5-302, MCA, no permit will be
				required from the department.
Sec.
					 76-5-208, MCA; IMP, Sec.
					 76-5-302,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.202 - BOARD APPROVAL OF LOCAL REGULATIONS AND ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) Copies of all regulations and
				administrative and enforcement procedures proposed to be adopted by a political
				subdivision to meet the requirements of the Act and these rules shall be sent
				to the department for approval by the board.
(2) The department will notify the political
				subdivision by letter of board approval or disapproval.
(3) Any changes to the regulations or
				administrative and enforcement procedures proposed to be adopted by a political
				subdivision shall be sent to the department for approval by the
				board.
Sec.
					 76-5-208, MCA; IMP, Sec.
					 76-5-302,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.203 - TIME LIMIT FOR ADOPTION OF LOCAL REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				After a floodway or a floodplain has been designated by the board, the
				department shall notify the affected political subdivisions and set forth the
				date by which the political subdivision must adopt land use regulations and
				administrative and enforcement procedures in accordance with the Act and these
				rules.
Sec.
					 76-5-208, MCA; IMP, Sec.
					 76-5-302,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.205 - BOARD REVIEW OF LOCAL ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall periodically report to the board on permit and variances
				filed, complaints received, and any other relevant information on the
				administration and enforcement of local regulations by the responsible
				political subdivision.
(2) If the
				board determines that the responsible political subdivision has failed to
				comply with the intent, purposes, or provisions of the local regulations, these
				rules, or the Act, the board may, after hearing, suspend the powers of the
				responsible political subdivision. In accordance with ARM
				36.15.209 the department shall
				enforce the minimum standards adopted by the board until such time as the board
				determines that the responsible political subdivision will comply.
Sec.
					 76-5-208, MCA; IMP, Sec.
					 76-5-302(2),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.209 - DEPARTMENT REGULATION AND ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				If the political subdivision fails to adopt land use regulations and
				administrative and enforcement procedures that meet or exceed the minimum
				standards required by the Act and these rules within the time specified, or
				fails to enforce the regulations, the minimum standards set forth in the Act
				and these rules regulating the designated floodplain or floodway will be
				enforced by the department.
(2) An
				application to the department for a permit shall be made on a standard form
				furnished by the department and shall include all applicable information listed
				on the form.
(3) The permit, if
				approved, will be given by the department on a standard form.
(4) A permit application requiring an
				environmental impact statement will be specifically approved or denied by the
				department only after full compliance with the provisions of the Montana
				Environmental Policy Act. Normally, the period of time required for review of
				these permit applications will be from 60 to 120 days.
Sec.
					 76-5-208, MCA; IMP, Sec.
					 76-5-301 and
					 76-5-405,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.210 - ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 76-5-208, MCA; IMP, Sec.
					 76-5-405,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.216 - PERMITS - CRITERIA - TIME LIMITS

Current through Register Vol. 13, July 5, 2024
(1)
				Permits shall be granted or denied by the permit issuing authority on the basis
				of whether the proposed new construction, substantial improvement, or
				alteration of an artificial obstruction meets the requirements of the Act and
				the minimum standards established by the board in these rules.
(2) Additional factors that shall be
				considered for every permit application are:
(a) the danger to life and property from
				backwater or diverted flow caused by the obstruction;
(b) the danger that the obstruction will be
				swept downstream to the injury of others;
(c) the availability of alternative
				locations;
(d) the construction or
				alteration of the obstruction in such manner as to lessen the danger;
(e) the permanence of the
				obstruction;
(f) The anticipated
				development in the foreseeable future of the area which may be affected by the
				obstruction; and,
(g) such other
				factors as are in harmony with the purposes of the Act and these
				rules.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.217 - WAIVER OF PERMIT FOR EMERGENCY REPAIR OR REPLACEMENT

Current through Register Vol. 13, July 5, 2024
(1) Emergency repair to and/or replacement of
				severely damaged public transportation facilities, public water and sewer
				facilities, and flood control works may be authorized and permit requirements
				waived if:
(a) Upon notification and prior to
				the emergency repair and/or replacement, the permit issuing authority
				determines that an emergency condition warranting immediate action exists;
				and
(b) The permit issuing
				authority agrees upon the nature and type of proposed emergency repair and/or
				replacement.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.2 - Regulation and Enforcement › Rule 36.15.218 - VARIANCES

Current through Register Vol. 13, July 5, 2024
(1) The permit issuing authority may grant a
				variance for the new construction, substantial improvement or alteration of an
				artificial obstruction that is not in compliance with the minimum standards
				contained in these rules only if:
(a) the
				proposed use would not increase flood hazard either upstream or downstream in
				the area of insurable buildings;
(b) refusal of a variance would because of
				exceptional circumstances cause a unique or undue hardship on the applicant or
				community involved;
(c) the
				proposed use is adequately floodproofed;
(d) reasonable alternative locations outside
				the designated floodplain are not available.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.5 - Floodplain and Floodway Delineations › Rule 36.15.501 - FLOODPLAIN AND FLOODWAY DELINEATION - DATA USED - HYDROLOGICAL CERTAINTY

Current through Register Vol. 13, July 5, 2024
(1) All floodplain delineation studies,
				reports, maps, and water surface profiles used by the department and board to
				establish designated floodplains shall be based upon the base flood.
(2) Each floodplain delineation study
				arranged by the department will, insofar as time and funds permit, include a
				water surface profile showing the elevation of the base flood and a suggested
				designated floodway.
(3) The
				department and board will also utilize flood hazard maps and data provided by
				the U.S. department of housing and urban development or the federal emergency
				management agency for the national flood insurance program as a basis for
				establishing the designated floodplain. Such maps will delineate the boundaries
				of the base flood but will not generally include flood elevations or floodway
				data.
(4) Designated floodplains
				established for areas where flood elevations and/or floodway data are lacking
				shall be regulated in accordance with ARM
				36.15.801.
(5) The designation of floodplains and
				floodways shall be based upon reasonable hydrological certainty. Flood hazard
				maps that do not include floodway data or base flood elevations constitute a
				rebuttable presumption of reasonable hydrological certainty.
(6) 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.
				If the local administrator determines it is unclear whether property is in or
				out of the floodplain, the local administrator shall require the applicant to
				provide additional information which may include elevations obtained through a
				level survey performed by a professional engineer or register land
				surveyor.
Sec.
					 76-5-201,
					 76-5-202, and
					 76-5-208, MCA; IMP, Sec.
					 76-5-201 and
					 76-5-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.5 - Floodplain and Floodway Delineations › Rule 36.15.502 - FLOODWAY DELINEATION

Current through Register Vol. 13, July 5, 2024
(1) The
				delineations of a designated floodway shall be based on the channel of the
				water course or drainway and those portions of the adjoining floodplain which
				are reasonably required to carry the discharge of the base flood without
				cumulatively increasing the water surface more than one half foot.
(2) In areas having appreciable urban
				development on the floodplain, the outer boundary lines of the floodway may
				generally follow the riverward limits of development provided that:
(a) The calculated elevation of the base
				flood would not be increased more than 0.5 of a foot as a result of any
				adjustment to the floodway;
(b)
				Floodway lines are compatible with local land use plans; and,
(c) The flood fringe does not contain
				appreciable areas with flood velocities greater than 3 feet per second or flood
				depths greater than 3 feet.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.5 - Floodplain and Floodway Delineations › Rule 36.15.503 - PUBLIC INPUT ON PROPOSED DESIGNATED FLOODPLAINS OR FLOODWAYS

Current through Register Vol. 13, July 5, 2024
(1) The department shall at least 3 weeks
				prior to any hearing held for the purpose of establishing a designated
				floodplain or floodway furnish the affected political subdivisions maps and
				other data showing the proposed designated floodplain or floodway together with
				a letter requesting the political subdivision to furnish any pertinent data on
				flood hazards.
(2) Notice of a
				hearing or order of the board establishing or altering designated floodplains
				and floodways shall be published once each week for three (3) consecutive weeks
				in a legal newspaper published or of general circulation in the area involved,
				the last publication of notice shall be not less than 10 days prior to the
				hearing or order by the board.
(3)
				The department shall also issue news releases at least 3 weeks prior to any
				hearing requesting the public to submit any available data concerning flood
				hazard, flood elevations, or the proposed designated floodplain or floodway
				boundaries.
Sec.
					 76-5-202 and
					 76-5-204, MCA; IMP, Sec.
					 76-5-201 through
					 76-5-204,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.5 - Floodplain and Floodway Delineations › Rule 36.15.504 - LOCAL GOVERNMENT ADJUSTMENTS TO PROPOSED FLOODWAY DELINEATION

Current through Register Vol. 13, July 5, 2024
(1) After the delineation of a suggested
				designated floodway by the department and prior to the public hearing to
				consider the floodway delineations, the department shall meet with local
				governmental and planning officials to consider possible adjustments due to
				local land use consideration.
(2)
				No adjustments in floodway width or location may be made, however, if such
				adjustments would theoretically increase flood heights beyond the permissible
				limits noted in ARM
				36.15.502.
Sec.
					 76-5-208, MCA, Sec.
					 76-5-201 and Sec.
					 76-5-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.6 - Designated Floodway Minimum Standards › Rule 36.15.601 - USES ALLOWED WITHOUT PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The
				following open space uses shall be allowed without a permit anywhere within the
				designated floodway provided that they are not prohibited by any other
				ordinance or statute and provided that they do not require structures other
				than portable structures, fill, or permanent storage of materials or equipment:
(a) agricultural uses;
(b) industrial-commercial uses such as
				loading areas, parking areas, and emergency landing strips;
(c) private and public recreational uses such
				as golf courses, driving ranges, archery ranges, picnic grounds, boat-launching
				ramps, swimming areas, parks, wildlife management and natural areas, game
				farms, fish hatcheries, shooting preserves, target ranges, trap and skeet
				ranges, hunting and fishing areas, and hiking and horseback riding
				trails;
(d) forestry, including
				processing of forest products with portable equipment; and
(e) residential uses such as lawns, gardens,
				parking areas, and play areas.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.6 - Designated Floodway Minimum Standards › Rule 36.15.602 - USES REQUIRING PERMITS

Current through Register Vol. 13, July 5, 2024
In addition to the uses allowed under ARM
				  36.15.601, the following
				  artificial obstructions may be permitted within the designated floodway subject
				  to the issuance of a permit by the permit issuing authority under the
				  conditions set forth in this rule and ARM
				  36.15.603 and
				  36.15.604:
(1) excavation of material from pits or pools
				provided that:
(a) a buffer strip of
				undisturbed land of sufficient width to prevent flood flows from channeling
				into the excavation is left between the edge of the channel and the edge of the
				excavation;
(b) the excavation
				meets all applicable laws and regulations of other local and state agencies;
				and
(c) excavated material is
				stockpiled outside the designated floodway;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.6 - Designated Floodway Minimum Standards › Rule 36.15.603 - PERMITS FOR WATER DIVERSIONS

Current through Register Vol. 13, July 5, 2024
(1) As provided
				in the Montana Water Use Act of 1973, sections
				85-2-302 and
				85-2-402, MCA, all new surface
				water diversions and changes in place of diversion after July 1, 1973, require
				permits or approval, respectively, from the department. Within designated
				floodways, the department shall review each proposed diversion and change in
				place of diversion to determine if flood flows may be affected.
(2) If it appears that a proposed diversion
				or change in place of diversion may significantly affect flood flows, the
				department may require the applicant to provide additional information and to
				apply for a permit with the permit issuing authority under Title 76, chapter 5,
				MCA, as amended.
(3) A permit under
				Title 76, chapter 5, MCA, as amended, shall not be granted if in the judgment
				of the permit issuing authority:
(a) the
				proposed diversion will increase the upstream elevation of the base flood a
				significant amount (0.5 of a foot or as otherwise determined by the permit
				issuing authority) ;
(b) the
				proposed diversion is not designed and constructed to minimize potential
				erosion from a base flood; and,
(c)
				any permanent diversion structure crossing the full width of the stream channel
				is not designed and constructed to safely withstand up to a base
				flood.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.6 - Designated Floodway Minimum Standards › Rule 36.15.604 - MINIMUM CRITERIA FOR PERMITS

Current through Register Vol. 13, July 5, 2024
(1) In
				addition to the requirements of ARM
				36.15.602 and
				36.15.603, a permit shall not be
				approved for new construction, substantial improvement, or alteration of an
				artificial obstruction under this rule if it will increase the upstream
				elevation of the base flood 0.5 of a foot or as otherwise determined by the
				permit issuing authority or significantly increase flood velocities.
Sec.
					 76-5-208, MCA; IMP, Sec.
					 76-5-404 through
					 76-5-406,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.6 - Designated Floodway Minimum Standards › Rule 36.15.605 - PROHIBITED USES

Current through Register Vol. 13, July 5, 2024
(1) The following
				artificial obstructions are prohibited within the designated floodway except as
				allowed by permit under ARM
				36.15.602 through
				36.15.604 and ARM
				36.15.606:
(a) a building for living purposes or place
				of assembly or permanent use by human beings;
(b) a structure or excavation that will cause
				water to be diverted from the established floodway, cause erosion, obstruct the
				natural flow of water, or reduce the carrying capacity of the
				floodway;
(c) the construction or
				permanent storage of any object subject to floatation or movement during flood
				level periods.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.6 - Designated Floodway Minimum Standards › Rule 36.15.606 - PERMITS FOR FLOOD CONTROL WORKS

Current through Register Vol. 13, July 5, 2024
(1) Since
				structural flood control works often significantly obstruct and affect floodway
				flow capacity, the following flood control measures shall be allowed within
				designated floodways subject to the issuance of a permit by the permit issuing
				authority and certification by a registered professional engineer of compliance
				with the conditions set forth in this rule:
(a) Flood control levees and floodwalls if:
(i) the proposed levees and floodwalls are
				designed and constructed to safely convey the base flood;
(ii) the cumulative effect of the levees and
				floodwalls combined with allowable flood fringe encroachments does not increase
				the unobstructed elevation of the base flood more than 0.5 of a foot at any
				point;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.7 - Flood Fringe Minimum Standards › Rule 36.15.701 - ALLOWED USES

Current through Register Vol. 13, July 5, 2024
(1) All uses
				allowed in the designated floodway without a permit under ARM
				36.15.601 shall also be allowed
				without a permit in the flood fringe.
(a) In
				addition, individual or multiple family subsurface sewage disposal systems are
				allowed only when they are reviewed and approved under laws and regulations
				administered by the department of health and environmental sciences or the
				local health board.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.7 - Flood Fringe Minimum Standards › Rule 36.15.702 - FLOOD PROOFING FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL STRUCTURES

Current through Register Vol. 13, July 5, 2024
(1) The new construction, substantial
				improvement, and alteration of residential structures shall meet the following
				conditions:
(a) Residential structures shall
				be constructed on suitable fill with a permanent foundation such that the
				lowest floor (including basement) level is 2 or more feet above the base flood
				elevation. The suitable fill shall be at a level no lower than the base flood
				elevation extending 15 feet at that elevation beyond the structure in all
				directions. Where existing streets, utilities, lot dimensions, or additions
				onto existing structures, make strict compliance with this provision
				impossible, the permit issuing authority may authorize a lesser amount of fill
				or alternative flood proofing measures. Alternative flood proofing measures
				must, at a minimum, meet the conditions of ARM
				36.15.702 and ARM
				36.15.901 through
				36.15.903.
(i) The new placement of manufactured and
				mobile homes must be elevated on fill with a permanent foundation as prescribed
				for residential structures.
(ii)
				Replacement manufactured and mobile homes in an existing mobile home park or
				subdivision may, instead of using suitable fill, be elevated on a concrete or
				mortared block foundation, or other suitable permanent foundation, and anchored
				to prevent flotation or downstream movement.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.7 - Flood Fringe Minimum Standards › Rule 36.15.703 - PROHIBITED USES

Current through Register Vol. 13, July 5, 2024
The following artificial obstructions and nonconforming uses
				  are prohibited within the flood fringe:
(1) solid and hazardous waste disposal;
				and
(2) storage of toxic,
				flammable, hazardous, or explosive materials. Storage of petroleum products may
				be allowed by permit if stored on compacted fill at least 2 feet above the
				elevation of the base flood and anchored to a permanent foundation that is
				properly anchored to the ground.
Sec.
					 76-5-208, MCA; IMP, Sec.
					 76-5-404 through
					 76-5-406,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.8 - Designated Floodplain Only Minimum Standards › Rule 36.15.801 - ALLOWED USES WHERE FLOODWAY NOT DESIGNATED OR NO FLOOD ELEVATIONS

Current through Register Vol. 13, July 5, 2024
(1) For those watercourses or drainways in
				which there is a designated floodplain but not a designated floodway or where
				no flood elevations are available, all uses allowed in a designated floodway
				under ARM 36.15.601 without a permit shall
				also be allowed without a permit in such designated floodplain.
(2) All other uses within the designated
				floodplain shall require permits from the permit issuing authority. The
				following conditions insofar as each is applicable shall be attached to each
				permit approval:
(a) If the elevation of the
				base flood is available, residential structures must be built on compacted fill
				as specified in ARM
				36.15.702(1). If
				such elevation is not available, the highest known historical flood elevation
				may be used to establish fill heights;
(b) If the elevation of the base flood is
				available, commercial and industrial structures must meet the flood proofing
				requirements set forth in ARM
				36.15.702(2). If
				such elevation is not available, the highest known historical flood elevation
				may be used to establish flood proofing heights;
(c) Proposed structures must be anchored to
				prevent flotation or collapse and must be located as far from stream channels
				as is practicable; and
(d) Sanitary
				sewage systems must be allowed and approved under laws and standards
				administered by the department of health and environmental sciences or the
				local health board.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.9 - Flood Proofing Requirements › Rule 36.15.901 - FLOOD PROOFING REQUIREMENTS FOR ELECTRICAL SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) All electrical service materials,
				equipment, and installation for uses permitted with or without a permit in a
				designated floodplain or floodway shall conform to the following conditions:
(a) 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 2 feet above the elevation of the base flood;
(b) Portable or movable electrical equipment
				may be placed below the elevation of the base flood provided that the equipment
				can be disconnected by a single plug-and-socket assembly of the submersible
				type;
(c) The main power service
				line shall have automatically operated electrical disconnect equipment or
				manually operated electrical disconnect equipment located at an accessible
				remote location outside the designated floodplain and above the elevation of
				the base flood; and
(d) All
				electrical wiring systems installed below the elevation of the base flood shall
				be suitable for continuous submergence and may not contain fibrous
				components.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.9 - Flood Proofing Requirements › Rule 36.15.902 - FLOODPROOFING REQUIREMENTS FOR HEATING SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) Heating systems for allowed and permitted
				floodplain and floodway uses shall conform to the following conditions
(a) Float operated automatic control valves
				must be installed in supply lines to gas furnaces so that the fuel supply is
				automatically shut off when flood waters reach the floor level where the
				furnaces are located;
(b) Manually
				operated gate valves that can be operated from a location above the elevation
				of the base flood shall also be provided in gas supply lines; and
(c) Electric heating systems must be
				installed in accordance with ARM
				36.15.901.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.15 - FLOODPLAIN MANAGEMENT › Subchapter 36.15.9 - Flood Proofing Requirements › Rule 36.15.903 - FLOOD PROOFING REQUIREMENTS FOR PLUMBING SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) Plumbing systems for allowed and
				permitted floodplain and floodway uses shall conform to the following
				conditions:
(a) Sewer lines, except those to
				buried and sealed vaults, must have check valves installed to prevent sewage
				backup into permitted structures; and
(b) All toilet stools, sinks, urinals, and
				drains must be located such that the lowest point of possible water entry is at
				least 2 feet above the elevation of the base flood.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.101 - POLICY AND PURPOSE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) As provided by
				85-2-101, MCA: "It is the policy
				of this state... to provide for the wise utilization, development, and
				conservation of the waters of the state for the maximum benefit of its people
				with the least possible degradation of the natural aquatic ecosystems." While
				it is the policy of this state to recognize and confirm all existing rights to
				the beneficial use of any waters of the state, Montana must be responsive to
				the need for establishing options for future diversionary uses of Montana's
				water resource and for maintaining stream flows for the protection of existing
				water rights, aquatic life, and water quality.
(2) The water reservation process, as
				provided by
				85-2-316 and
				85-2-331, MCA, is a means by which
				this policy can be implemented. The statute provides for the establishment of
				reservations of water by governmental entities for beneficial uses that are
				necessary and shown to be in the public interest.
(3) The purpose of these rules is to provide
				guidelines and procedures for the preparation and processing of correct and
				complete water reservation applications and for the adoption and implementation
				of water reservations in order to ensure, to the fullest extent possible, that
				the proposed use of reserved water is not speculative.
(4) The water reservations are intended to be
				administered in accordance with the above policy and as provided in
				85-2-316 and
				85-2-331, MCA. These rules are
				intended to be implemented to provide reservants reasonable time for compliance
				with department orders.
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-101,
					 85-2-316,
					 85-2-331,
					 85-2-605,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, in these
				  rules:
(1) "Act" means the Montana
				Water Use Act, Title 85, chapter 2, parts 1 through 4, MCA.
(2) "Applicant" means an entity that has
				submitted an application to reserve water pursuant to
				85-2-316 and
				85-2-331, MCA.
(3) "Application for permit" means an
				application for beneficial water use permit, form no. 600.
(4) "Department" means the department of
				natural RESOURCES AND CONSERVATION provided for in
				2-15-3301, MCA.
(5) "Direct benefits" means all benefits to
				the reservant derived from applying reserved water to the use for which it is
				granted.
(6) "Direct costs" means
				all costs to the reservant resulting from applying reserved water to beneficial
				use for the purpose granted.
(7)
				"Diversionary use" means a water use occurring outside of a stream channel or
				requiring development of a project in order to apply water to a beneficial use.
				This includes stockwater use and development of projects that will augment an
				instream use.
(8) "Economic
				feasibility" means that indirect and direct project benefits exceed indirect
				and direct project costs.
(9)
				"Entity" means the state, any political subdivision or agency of the state, or
				the United States or any agency of the United States that is qualified to
				reserve water pursuant to
				85-2-316 and
				85-2-331, MCA.
(10) "Financial feasibility" means that
				financing for a water reservation project can be secured and that project costs
				will be recovered:
(a) from project revenues
				generated over the project life;
(b) through available subsidies; or
(c) from any combination of (a) and
				(b).
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.103 - FORMS

Current through Register Vol. 13, July 5, 2024
(1) The necessary
				forms for the administration of these rules are available from the Water
				Resources Division of the department, P.O. Box 201601 , Helena, Montana
				59620-1601. The following forms must be used in the administration of these
				rules:
(a) Form No. 600, Application for
				Beneficial Water Use Permit;
(b)
				Form No. 606, Application for Change of Appropriation Water Right;
(c) Form No. 608, Water Right Transfer
				Certificate, or other ownership update form provided by the department
				;
(d) Form No. 610A, Application
				for Reservation of Water-Diversionary Uses; and
(e) Form No. 610B, Application for
				Reservation of Water-Instream Uses.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.104 - APPLICATIONS - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) Each
				application for reservation of water shall be accompanied by a completed Form
				610A or 610B. A fee of $1500 shall be submitted with the application.
(2) An applicant may request the department
				to provide assistance in preparing a reservation application. Department
				assistance in the preparation of reservation applications shall not require the
				department to support such applications pursuant to ARM
				36.16.107A.
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-316,
					 85-2-331,
					 85-2-605,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.105 - APPLICATION CONTENT - SUMMARY AND PURPOSE

Current through Register Vol. 13, July 5, 2024
(1)
				The summary shall identify the applicant(s) including a showing of the
				applicant's authority to reserve water; a map of sufficient detail to identify
				where the requested reservation will be applied to use; and a brief description
				of the purpose of the reservation, the amount requested, and any proposed
				projects.
(2) The purpose section
				of the application shall describe the beneficial use or uses to which the water
				granted pursuant to the reservation will be applied, and identify the
				beneficiaries of the reservation.
Sec.
					 85-2-113 MCA; IMP, Sec.
					 85-2-316,
					 85-2-331,
					 85-2-605
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.105A - APPLICATION CONTENT - ANALYSIS OF NEED

Current through Register Vol. 13, July 5, 2024
(1)
				The application shall present an analysis of why the reservation is needed. The
				analysis shall include the following, where appropriate:
(a) a description of potential competing
				water uses that could consume, degrade, or otherwise affect the water available
				for the proposed reservation; or
(b) where information regarding the effect of
				potential competing water uses on a proposed reservation is not available, or
				where the applicant may not be eligible to apply for a water right permit, a
				description of the water resource values associated with the reservation that
				warrant protection; or
(c) where
				the applicant is otherwise eligible to obtain a water right permit, an
				explanation of constraints to project development that restrict the applicant
				from perfecting a permit for the proposed reservation purpose. These
				constraints may include the inability to finance a project in the near-term,
				lack of increased demand for water until some time in the future, or the need
				for additional project planning before water can be applied to beneficial use;
				or
(d) where the water reserved in
				a basin designated in
				85-2-316(2) (a),
				MCA would be diverted for beneficial use in another designated basin, a
				discussion of why stored water for leasing under
				85-2-141, MCA would not be
				considered reasonably available for the proposed use.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.105B - APPLICATION CONTENT - DETERMINATION OF AMOUNT

Current through Register Vol. 13, July 5, 2024
(1) The amount of
				water for the reservation being sought must be expressed in terms of volume,
				rate, and period of use. An application shall contain an explanation of the
				methods and assumptions used to calculate the amount of water to be reserved.
				The firm yield of any proposed reservoir, as required in ARM
				36.16.106(1) (a),
				shall be considered when determining the desired amount. Where an applicant is
				already served by existing projects, the total amount requested shall take into
				account the cost-effectiveness of increasing water-use efficiencies of the
				existing projects.
(a) The amount of water for
				municipal uses must be established by:
(i)
				identifying the historical peak daily use, the historical peak annual use, and
				the current per capita water use;
(ii) describing population growth projections
				or other assumptions underlying the application for additional water in the
				proposed local service area;
(iii)
				determining future peak daily use and future total and per capita use
				consistent with the assumptions described in (ii); and
(iv) determining the additional amount of
				water required to be reserved based on the information provided in (i), (ii),
				and (iii), in terms of volume, rate and period of use.