A BILL FOR AN ACT ENTITLED: "AN ACT directing an amendment to ARM 36.15.502 to raise the allowable increase of surface water in a floodway delineation from one-half foot to 1 foot; allowing exceptions; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
WHEREAS, the Federal Emergency Management Agency sets the minimum standards for floodway delineations, but allows states to adopt more stringent standards; and
WHEREAS, Montana has a more stringent standard for delineating floodways than federal regulations, but state regulations date back to 1989; and
WHEREAS, in the last 30 years, hydrographic survey technology, hydrology, and hydraulic modeling techniques improved significantly, and current floodplain modeling is much more accurate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Department to amend rule. (1) Except as provided in subsection (2), the department of natural resources and conservation shall amend ARM 36.15.502 to raise the allowable increase of surface water in a floodway delineation from one-half foot to 1 foot in subsections (1), (2)(a), and (3).
(2) If the department lacks updated information to justify the changes required in subsection (1), the allowable increase may remain at less than 1 foot.
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.