Land Use & Zoning
Montana's Floodplain and Floodway Management Act requires that new construction in a designated floodplain:
AIs completely prohibited
BMust be elevated above the base flood elevation or otherwise flood-proofed as required✓ Correct
COnly needs flood insurance, with no construction restrictions
DIs permitted without restriction for agricultural buildings
Explanation
Montana's Floodplain and Floodway Management Act implements NFIP requirements, mandating that new construction in designated floodplains be elevated at or above the base flood elevation (BFE) or meet alternative flood-proofing standards. Local floodplain administrators enforce these requirements through permits.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Private Mortgage Insurance (PMI)Insurance required by lenders on conventional loans with less than 20% down payment, protecting the lender — not the borrower — against default.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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