Gallatin County is reviewing its Floodplain Regulations by adopting the Montana State regulations. We hope to add/edit definitions and clauses to the existing regulations document for the express purpose of providing more well defined definitions, omit gray areas, remove opportunities for creative interpretations and ensure that the fragile floodplain and floodways are more closely protected. Supporting these suggestions will help safeguard our pristine natural resources and prohibit development that could adversely affect the Gallatin River ecosystem.

The Gallatin County Floodplain Hazard Management proposal can be found here  .

Public comment must be made by Monday, February 22, 2021 no later than 4 pm.

IF YOU WANT TO SUPPORT PROTECT THE GALLATIN RIVER, PLEASE USE THIS LINK  FOR DONATIONS  AND SHARE ON YOUR SOCIAL MEDIA instead of paying Change.org to advertise.

Our edits/suggestions are:

1.10 - Regulation Interpretation  - this should include the words “as long as they were legally established

1.18 - The FPA and CCO should have unfettered access as deemed appropriate to do their jobs

Section 2. Definitions

Building:  We suggest striking this definition and replacing it with this verbiage: 

Building: Any structure, either temporary or permanent, having a roof supported by columns,

walls, or any other supports, which is used for the purpose of housing, sheltering, storing, or

enclosing persons, animals, or personal property, or carrying on business activities. This

definition includes but is not limited to: mobile homes, tents, sheds, garages, greenhouses,

and other principal or accessory structures.

Decision:  We suggest that BOTH FPA AND CCO sign off

ADD DEFINITION:  We suggest that a definition for Camping/Glamping is added to these regulations

Manufactured Home Park or Subdivision:  We suggest that additional description is necessary to include Campground/Glampground or any other development and further that the use of the property involving multiple dwelling units - whether the land is subdivided or not, that has dwelling units serviced with utilities - whether those units are rented, sold or used on a daily basis as in the case of a campground/glampground, motel, tiny home or any other structure - that any development of this nature must undergo subdivision review

Manufactured Home Park Or Subdivision, New: 

We recommend this title be altered to include , Campground/Glampground or any other development

and also the following description should be altered

A Manufactured Home Park or Subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed includes at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads and is completed on or after an area has been mapped as Regulated Flood Hazard Area.. 

Manufactured or Mobile Home – 

This definition should be expanded to include Building, Dwelling, Tent, Camper, Trailer

That the land use should be to NOT MORE THAN 2 such “buildings” per 10 acres

And specific verbiage should be included that says, “such ‘buildings” must be completely removed from the property after being there for 180 consecutive days for no less than an additional 180 consecutive days and that no other “building” may be installed in the place of the “building” that has been removed.

Existing: 

A Building that may be residential or non- residential, is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities and includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. 

3.1  REGULATED FLOOD HAZARD AREAS 

2. We suggest striking the word ‘delineated’

3.2

4. We suggest changing the word MAY to SHALL: The Floodplain Administrator may SHALL require an applicant to provide additional information described below to determine whether or not the proposed Artificial Obstruction or Development is within the 

SECTION 4. USES ALLOWED WITHOUT A PERMIT WITHIN THE REGULATED FLOOD HAZARD AREA 

5. Residential uses such as lawns, gardens, parking areas, and play areas;  We suggest striking this whole sentence. Lawns and gardens could bring pollutants into the floodway. Parking areas should not alter the land in any way nor should they be improved in any way by clearing vegetation, paving, bringing in gravel or any other change to the existing land. Play areas suggest adding equipment, flooring, clearing vegetations. This sentence is entirely too broad.

7. We suggest removing the word CAMPGROUNDS because of potential broad interpretation. Golf courses should not be allowed in a floodway.

Public or private recreational uses not requiring Structures such as picnic grounds, swimming areas, boat ramps, parks, campgrounds, golf courses, driving ranges, archery ranges, wildlife management and natural areas, alternative livestock ranches (game farms), fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails;

Regulated Flood Hazard Area:
SECTION 6. DEVELOPMENT REQUIREMENTS IN THE FLOODWAY 

6.2 General Requirements

2. 1.  ADD: And the Floodplain Administrator will have an independent engineer verify the certification/information at the cost of the developer

3. Define: large-scale clearing of riparian vegetation

6.3

1.  Determine sufficient width, define who hires the registered professional engineer, have the Floodplain Administrator have an independent engineer verify the certification/information at the cost of the developer

6.5

1. Define suitable fill

3. Define limit to stream channel to minimum of 100 ft distance

4. Scour depth: have the Floodplain Administrator have an independent engineer verify the certification/information at the cost of the developer

6.10

1. Define limited fill

3. Define dwellings and include trailers, conestoga wagons, up-scale tents, tiny homes, other dwellings and limit the dwellings to 2 per 10 acres.

4. Add: and that no concrete pads have been installed or any type of base for any type of recreational vehicle

ADD: Recreational vehicles to include trailers, conestoga wagons, up-scale tents, tiny homes, other dwellings and ton include any other description of a dwelling not yet defined

6.11

1. Define: human habitation definition -  habitation should be defined as use of any described or undescribed dwelling used for more than 1 overnight stay

3. Set a limit of 100 ft from water channel - remove ‘as far as possible’

7. Redefine: How can something be firmly anchored if it is on wheels? Nothing permanently anchored should be allowed. 

6.12

add the Floodplain Administrator will have an independent engineer verify the certification/information at the cost of the developer

2. Define how this is measured. Add: NO PERMANENT STRUCTURES should be allowed in the floodway or floodplain

6.13

This is a dangerous description and is far too broad. By what means will the FPA determine the acceptability of a developers design for erosion? If something erodes, it will eventually fail catastrophically.

Materials for the project may be designed to erode overtime but not fail catastrophically and impact others. Erosion, sedimentation, and transport of the materials may be designed to be similar in amount and rate experienced by existing stable natural stream banks during the Base Flood; 

6:14

Given the daily changes to the river, this should require a developer to replace any vegetation removed to MATURE vegetation that can do its job immediately.

The project may be designed to allow vegetative materials to mature within a period up to 5 years from the time of installation or other time required by the Floodplain Administrator. Once vegetation is mature and established it should not require substantial yearly Maintenance. 
WHAT HAPPENS IF IT DOESN'T DO IT'S JOB WHILE IT IS IN THE STATE OF GROWING UP ??

6.15

Does this directly affect the residence and need to raise the toilet levels??

6.15 - Define if it can it be elevated by any other means or not elevated at all?

7.2  GENERAL REQUIREMENTS 

6. Anchoring

HOW CAN THEY PROPERLY ANCHOR AND PREVENT FLOTATION OF GLAMPGROUND/Camping STRUCTURES ?? Anything permanently anchored will cause further flood damage. Anything on wheels is not permanently anchored. Nothing will prevent things from floating down river in a flood.

10. Encroachment Analysis
ADD: And the Floodplain Administrator will have an independent engineer verify the certification/information at the cost of the developer

10. a.  SEE UPDATED BUILDING DEFINITION !!!!!

12.6 DECISION
3. Include in its written decision notice that the issuance of a Floodplain Permit and Variance to construct a Structure not meeting the minimum Building requirements in these Regulations may result in increased risks to life and property, increased premium rates for flood insurance, and that flood insurance premiums are determined by actuarial risk and will not be modified by the granting of a Variance.

THIS TOTALLY CONTRADICTS EVERYTHING THIS DOCUMENT IS TRYING TO PROTECT

MAP:  http://dnrc.mt.gov/divisions/water/operations/floodplain-management/gallatin/maps/copy_of_30031C0905E.pdf