UPDATE: On May 16th, 2022 City Council voted to adopt an ordinance amending Title 18 Floodplain Hazard Management Regulations to update language regarding agricultural structures and to add LOMRs to Appendix A. This case is now closed for comment.
PROJECT DESCRIPTION:
Montana Department of Natural Resources and Conservation (DNRC) completed a Community Assistance Visit (CAV) with City of Missoula staff on July 23rd, 2021. Following the CAV visit, DNRC issued a letter addressing outdated language in Section 10.4.4 of Title 18 Floodplain Hazard Management Regulations that needed to be updated. Additionally, two Letters of Map Revision for the Rattlesnake Dam Removal and Middle Grant Creek projects were recently issued, which means Appendix A in the Floodplain Regulations also needs to be updated to reflect this information. DNRC provided a six-month deadline for completion; however, this letter was never received by the City of Missoula. Therefore, an extension was granted from the DNRC via email on November 17th, 2021 with a six-month deadline of May 17th, 2022 to adopt changes. The six-month deadline to update the floodplain regulations in compliance with the minimum standards of DNRC is provided in Montana Code Annotated (MCA) 76-5-301.
The amendment language provided by Montana DNRC clarifies the definition of agricultural structure in Title 18, Section 10.4.4. The language in Section 10.4.4.1 through 10.4.4.5 will be replaced by new language stating agricultural structures may be exempted by the Floodplain Administrator from the Lowest Floor Elevation requirements established in Section 10.4.1, provided the Lowest Floor of the Structure is elevated to at least the Base Flood Elevation or adequately dry floodproofed. Agricultural structures must also comply with Title 18, Section 9.11.
This amendment is in response to a new policy and technical bulletin issued by the Federal Emergency Management Agency (FEMA). Policy #104-008-03, Floodplain Management Requirements for Agricultural Structures and Accessory Structures, was issued in February 2020. The purpose of the policy was to acknowledge the unique characteristics and uses of agricultural and accessory structures within the special flood hazard area (SFHA or floodplain) to ensure sound development and promote public health, safety, and welfare. The policy clarifies the definition of agricultural structures and accessory structures and establishes a clear, consistent process for ensuring compliance with National Flood Insurance Program (NFIP) design and performance standards for those structures located within the SFHA. In August 2021 FEMA issued Floodplain Management Bulletin P-2140 Floodplain Management Requirements for Agricultural Structures and Accessory Structures. The bulletin clarifies and refines the requirements set forth in Policy #104-008-03. Links to these documents can be found in the panel on the right.
PROJECT TIMELINE:
City Council: April 18th, 2022 at 6:00 pm – Consent agenda / first reading of ordinance / set city council public hearing / refer item to Land Use and Planning Committee
City Council: May 9th, 2022 at 6:00 pm – City Council public hearing
Land Use and Planning Committee: May 11th, 2022 (Time TBD) – Informational meeting only
City Council: May 16th, 2022 at 6:00 pm – Final Consideration on ordinance
All meetings will be virtually via Zoom and in-person in the City Council Chambers located at 140 W. Pine Street in Missoula, MT. For more information on how to participate in the meeting, please visit here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes(External link)
PROJECT COMMENT DEADLINE:
Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Provide your comment by Friday, April 7th, 2022 to be included in the staff report provided to City Council. Your comments may be considered by City Council in their decision to approve, approve with amendments, or deny this request.
PROJECT PLANNER:
The project planner is Alex Eidam. She can be reached at (406) 529-6052 or eidama@ci.missoula.mt.us.
Image Source: Waterkeeper Alliance
