Planning staff was recently alerted to an inconsistency between the local subdivision regulations and state law in relation to subdivision of land within a 100-year floodplain.  Montana Code Annotated (MCA) 76-3-504(1)(f) indicates that local subdivision regulations must prohibit the subdivision of land for building purposes in areas located within the floodway of a flood of 100-year frequency.  The City of Billings and Yellowstone County local regulations are more restrictive than state law in this case; prohibiting the subdivision of land for building purposes within the entire floodplain of a flood of 100-year frequency. The floodplain is made up of the floodway and the flood fringe.  Local floodplain regulations administered by the City and County Flood Plain Administrators also mirror state law, prohibiting building only within the floodway.  Flood fringe development is allowed if the appropriate permit is acquired.  It is desirable to have subdivision regulations that are consistent with all other laws. Attached to this memo are proposed amendments to Chapter 11 and Appendix O. of the City of Billings Subdivision Regulations. The purpose of these amendments is to bring the local regulations into compliance with State law and local floodplain ordinances. The City Council is scheduled to conduct a public hearing at this meeting and consider first reading of an ordinance to amend the City Subdivision Regulations.
 

City Council may:

• Approve on First Reading the Amendments to the City Subdivision Regulations regarding development in the Floodplain; or,
• Not Approve on First Reading the Amendments to the City Subdivision Regulations regarding development in the Floodplain. If the Council does not approve these amendments to the City Subdivision Regulations, the regulations will not be in alignment with State Law and other local ordinances regarding administration of permitting in flood plains.

There is no direct financial impact to the City for amending the subdivision regulations.

Planning staff was recently alerted to an inconsistency in the local subdivision regulations with state law in relation to subdivision of land within a 100-year floodplain.  Specifically, Montana Code Annotated (MCA) 76-3-504(1)(f) indicates that local subdivision regulations must prohibit the subdivision of land for building purposes in areas located within the floodway of a flood of 100-year frequency.  The City of Billings local regulations are more restrictive than state law in this case, prohibiting the subdivision of land for building purposes within the entire floodplain of a flood of 100-year frequency. The floodplain is made up of the floodway and the flood fringe.  Local floodplain regulations administered by the City Flood Plain Administrator also mirror state law, prohibiting building only within the floodway.  Flood fringe development is allowed if the appropriate permit is acquired.  It is desirable to have subdivision regulations that are consistent with all other laws.

During review of the subdivision flood plain regulations, staff also found that a significant amount of the language in the subdivision regulations regarding flood plain requirements was either out of date with current state flood plain rules or was duplicated in the separate City Ordinance and Flood Plain Permit process that the City Floodplain Administrator uses to apply the regulations in the City of Billings. The deletions and changes in the attached draft regulation amendment reflects these updates as well.

Below is the proposed schedule for review and adoption of 2015 amendments for both the City of Billings and Yellowstone County:
 

• May 27, 2015 – Planning Board Review
• June 9, 2015 – Planning Board Public Hearing and Recommendation to governing bodies to adopt the regulations amendments
• June 16, 2015 – Yellowstone County Board of County Commission Resolution of Intent to Amend Regulations and setting a public hearing for July 14.
• July 14, 2015 – BOCC Public Hearing and Resolution to Adopt
• July 13, 2015 –City Council Public Hearing and 1^st Reading of Ordinance
• July 27, 2015 – City Council 2^nd Reading of Ordinance

 
 

A notice of the City Council public hearing was properly advertised in the Billings Times. The Yellowstone County Board of Planning also conducted an advertised public hearing on this item on June 9. The proposed amendments also were explained to the Billings Home Builders Association Local Issues Committee on  June 9. The staff had received no comments or contact on these proposed regulation amendments at the time this memo was drafted.