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
Universal Citation: MT Admin Rules 36.15.218
Current through Register Vol. 6, March 22, 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.
Sec. 76-5-405 and 76-5-406, MCA; IMP, Sec. 76-5-405 and 76-5-406, MCA;
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