Montana Administrative Code

36.14.304 NEW CONSTRUCTION - CONSTRUCTION PLANS The construction permit application for the construction of a new dam must be made on plan sheets no larger than 24 x 36 inches or smaller than 21 x 30 inches. Construction details on the plans should be sufficiently complete to acc…

36.14.305 NEW CONSTRUCTION - CONSTRUCTION AND MATERIAL SPECIFICATIONS The construction permit application for construction of a new dam must contain construction and material specifications, including a detailed description of the work to be performed and a statement of the requi…

36.14.306 REPAIR, ALTERATION, OR ENLARGEMENT - ENGINEERING DESIGN REPORT, PLANS, AND SPECIFICATIONS The engineering design report and the plans and specifications for a construction permit application must contain the following: engineering design report - The report must address…

36.14.307 GENERAL MAINTENANCE AND ORDINARY REPAIRS THAT DO NOT REQUIRE A CONSTRUCTION PERMIT General maintenance and ordinary repairs that do not require a construction permit are those activities that do not impair the safety of the dam if done properly. These activities include…

36.14.308 REMOVAL - ENGINEERING REPORT, PLANS, AND SPECIFICATIONS The engineering report must include detailed descriptions and design assumptions for the removal, partial removal, or abandonment of the dam. Plans and specifications must include as a minimum the following: a cove…

36.14.309 CONSTRUCTION PERMIT - STANDARD TERMS The following are standard terms and conditions included in any approval of a construction permit application for construction: construction work must be started within one year from date of approval, unless an extension is granted; …

36.14.310 FINAL INSPECTION - NOTICE OF COMPLETION The owner shall give the department at least 10 days advance notice of the engineer's final construction inspection. If, after the review, the department determines that the work has not been performed in accordance with the provi…

36.14.311 RELEASE OF THE PERFORMANCE BOND (REPEALED) Authorizing statute(s): 85-15-110, 85-15-211, MCA Implementing statute(s): 85-15-210, MCA History: NEW, 1988 MAR p. 2489, Eff. 11/24/88; REP, 2022 MAR p. 1849, Eff. 9/24/22.

36.14.312 NOTICE, ORDER, AND REVOCATION FOR NONCOMPLIANCE If at any time during construction of any dam or reservoir the department finds that the work is not being done in accordance with the provisions of the permit, including revisions, it shall give a written notice and order…

36.14.401 OPERATION PERMIT REQUIREMENTS For all high-hazard dams not exempt pursuant to the act and ARM 36.14.103, the department shall require an operation permit and impose such reasonable conditions as are necessary to ensure that high-hazard dams are safely operated and maint…

36.14.402 OPERATION PERMIT APPLICATION - GENERAL REQUIREMENTS Applications, including applications for renewal of a permit to operate high-hazard dams must include: an operation plan pursuant to ARM 36.14.403; a report of thefive-year dam evaluationpursuant to ARM 36.14.603; a st…

36.14.403 APPLICATION CONTENT - RESERVOIR OPERATION PLAN Any application for a permit to operate a high-hazard daM must include a documented plan of the dam and reservoir operation for normal conditions, flood events, and emergency conditions. This plan must include: the operatio…

36.14.404 OPERATION PLAN - RESERVOIR OPERATION PROCEDURES The reservoir operation procedures must describe the method and schedule of operation of the high-hazard dam and reservoir, which must include: procedures for safe drawdown rate of the reservoir; a description of the capab…

36.14.405 OPERATION PLAN - MAINTENANCE PROCEDURES Maintenance procedures of the high-hazard dam and its appurtenant works must include: the method and frequency of routine inspections and maintenance of the dam necessary to: remove and prevent the growth of trees or brush on the …

36.14.406 OPERATION PLAN - EMERGENCY PROCEDURES AND WARNING PLANS All operation plans must contain emergency procedures and warning plans to be used in the event of an emergency. The plan must be developed in cooperation with those designated by the owner for carrying out the pla…

36.14.407 OPERATING PERMIT - CONDITIONS AND TERMS Each operating permit issued or renewed by the department may contain terms relating to the inspection, evaluation, operation, maintenance, alteration, repair, use, or control of a dam or reservoir as determined necessary for the …

36.14.501 HIGH-HAZARD DAM DESIGN CRITERIA Designs for construction of high-hazard dams must conform to accepted practices and procedures of the engineering profession. Design as well as preparation of the construction plans and specifications must be prepared by or under the dire…

36.14.502 HYDROLOGIC STANDARD FOR EMERGENCY AND PRINCIPAL SPILLWAYS Spillway conveyance for high-hazard dams will be based on estimated loss of life downstream from the dam caused by spillway failure. The minimum inflow design flood for an estimated loss of life of 0.5 or less sh…

36.14.503 INSTRUMENTATION A means to measure the reservoir water level to within one-tenth of a foot is required for all dams. The measurement must be correlated with the capacity of the reservoir. Any dam that exceeds 50 feet in height must have a sufficient number of piezometer…

36.14.504 BREACH OR REMOVAL OF AN EARTH DAM The breach of an earth dam must be excavated down to the level of the natural ground and be able to pass the 100-year, 24-hour flood at a depth and velocity equivalent to the natural channel. However, the maximum width required may be t…

36.14.601 FIVE-YEAR DAM EVALUATION - GENERAL REQUIREMENTS The owner of a high-hazard dam shall havea five-year dam evaluationconducted by a qualified engineer. A visual inspection of the dammust beconductedat least once everyfive years or within the period stated in the terms of …

36.14.602 FIVE-YEAR DAM EVALUATION - VISUAL INSPECTION AND SAFETY EVALUATION ITEMS The visual inspection and safety evaluation must include, but not be limited to: review and analysis of previous visual inspection and safety evaluation reports and available data on the design, co…

36.14.603 ENGINEER'S REPORT OF FIVE-YEAR DAM EVALUATION The engineer shall prepare a written report and photographic record of the inspection. The report must contain the following: the date and findings of the inspection and an assessment of the conditions of the dam and reservo…

36.14.701 EMERGENCY CONDITIONS The following constitute emergency conditions on any dam or reservoir: failure of the dam; or the occurrence of a critical condition such that the integrity of the dam or any of its appurtenances is immediately threatened, including for example: exc…

36.14.702 EMERGENCY ACTIONS - OWNER If at any time it is discovered that an emergency or an immediate hazard condition exists, the owner or his representative shall: immediately take remedial measures, notify the local sheriff, and notify the department of the emergency action or…

36.14.703 EMERGENCY ACTIONS - DEPARTMENT 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: the c…

36.14.801 JURISDICTIONAL SIZE OF THE DAM OR RESERVOIR (REPEALED) Authorizing statute(s): 85-15-110, MCA Implementing statute(s): 85-15-106, 85-15-214, MCA History: NEW, 1988 MAR p. 2489, Eff. 11/24/88; REP, 2012 MAR p.1844, Eff. 9/21/12.

36.14.802 AFFIDAVIT OF COMPLAINT 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: name, address, and telephone number…

36.14.803 INVESTIGATION AND INSPECTION 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. If an emergency condition pursuant to ARM 36.14.701 exists,…

36.15.101 DEFINITIONS In addition to the definition of terms contained in section 76-5-103, MCA, and unless the context requires otherwise, as used in the Act and in this chapter: "Act" means Title 76, chapter 5, MCA, as amended. "Alteration" means any change or addition to an ar…

36.15.201 LOCAL REGULATION AND ENFORCEMENT 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 suc…

36.15.202 BOARD APPROVAL OF LOCAL REGULATIONS AND ENFORCEMENT 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…

36.15.203 TIME LIMIT FOR ADOPTION OF LOCAL REGULATIONS 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 …

36.15.204 LOCAL REGULATIONS - REQUIREMENTS Land use regulations adopted by a local political subdivision in conformance with the Act and these rules may include zoning, building codes, and subdivision regulations adopted pursuant to other enabling statutory authority, such as Tit…

36.15.205 BOARD REVIEW OF LOCAL ENFORCEMENT 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 subdivi…

36.15.209 DEPARTMENT REGULATION AND ENFORCEMENT 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 enfo…

36.15.210 ENVIRONMENTAL IMPACT STATEMENTS (IS HEREBY REPEALED) Rules Authorizing statute(s): Sec. 76-5-208, MCA Implementing statute(s): Sec. 76-5-405, MCA History: NEW, Eff. 9/4/74; REP, 1989 MAR p. 1665, Eff. 10/27/89.

36.15.216 PERMITS - CRITERIA - TIME LIMITS 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 minim…

36.15.217 WAIVER OF PERMIT FOR EMERGENCY REPAIR OR REPLACEMENT 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: Upon notific…

36.15.218 VARIANCES 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: the proposed use would not inc…

36.15.501 FLOODPLAIN AND FLOODWAY DELINEATION - DATA USED - HYDROLOGICAL CERTAINTY 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. Each floodplai…

36.15.502 FLOODWAY DELINEATION 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 increa…

36.15.503 PUBLIC INPUT ON PROPOSED DESIGNATED FLOODPLAINS OR FLOODWAYS 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 p…

36.15.504 LOCAL GOVERNMENT ADJUSTMENTS TO PROPOSED FLOODWAY DELINEATION 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…

36.15.505 ALTERATION OF FLOODPLAINS AND FLOODWAYS The board may alter a designated floodplain or designated floodway, after a public hearing, when sufficient data becomes available. When scientific or technical flood data shows that the base flood elevation was erroneously establ…

36.15.601 USES ALLOWED WITHOUT PERMITS 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 porta…

36.15.602 USES REQUIRING PERMITS 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 r…

36.15.603 PERMITS FOR WATER DIVERSIONS 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. Wit…

36.15.604 MINIMUM CRITERIA FOR PERMITS 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 elevati…

36.15.605 PROHIBITED USES 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 building for living purposes or place of assembly or permanent use by human beings;…