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Rule Title: VARIANCES
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Department: NATURAL RESOURCES AND CONSERVATION, DEPARTMENT OF
Chapter: FLOODPLAIN MANAGEMENT
Subchapter: Regulation and Enforcement
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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36.15.218    VARIANCES

(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.

History: Sec. 76-5-405 and 76-5-406, MCA; IMP, Sec. 76-5-405 and 76-5-406, MCA; NEW, 1989 MAR p. 1665, Eff. 10/27/89.


 

 
MAR Notices Effective From Effective To History Notes
10/27/1989 Current History: Sec. 76-5-405 and 76-5-406, MCA; IMP, Sec. 76-5-405 and 76-5-406, MCA; NEW, 1989 MAR p. 1665, Eff. 10/27/89.
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