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 conducted a public hearing at its meeting on July 13 and approved on first reading an ordinance to amend the City Subdivision Regulations.  
 

City Council may:

• Approve on Second Reading the Amendments to the City Subdivision Regulations regarding development in the Floodplain; or
• Not Approve on Second 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 from approving these subdivision regulation amendments.

Staff recommends that the City Council approve on second reading an ordinance that amends the City of Billings Subdivision Regulations regarding development in the floodplain.