Rule 36.15.218 - VARIANCES(1) 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: (a) the proposed use would not increase flood hazard either upstream or downstream in the area of insurable buildings;(b) refusal of a variance would because of exceptional circumstances cause a unique or undue hardship on the applicant or community involved;(c) the proposed use is adequately floodproofed;(d) reasonable alternative locations outside the designated floodplain are not available.Mont. Admin. r. 36.15.218
NEW, 1989 MAR p. 1665, Eff. 10/27/89.Sec. 76-5-405 and 76-5-406, MCA; IMP, Sec. 76-5-405 and 76-5-406, MCA;