DISCUSSION.  City and County Subdivision Regulation Amendments-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. It is desirable to have local subdivision regulations that are consist with all other applicable laws.  This proposed amendment is designed to bring the local and state regulations related to the 100-year floodplain into alignment with each other.

There is 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 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 ordinances administered by the City and County Floodplain Administrators also mirror state law, prohibiting building only within the floodway.  Flood fringe development is allowed under local floodplain laws if the appropriate permit is acquired and certain requirements are met.  It is desirable to have local subdivision regulations that are consistent with the state and other local laws.
 
Attached are proposed amendments to Article 23-1100 and Appendix O. of the City of Billings Subdivision Regulations, and Chapter 11 and Appendix N. of the Yellowstone County Subdivision Regulations. The purpose of these amendments is to bring the local regulations into compliance with State law and local floodplain ordinances.
 
Below is the proposed schedule for review and adoption of 2015 amendments.

• May 27, 2015 – Planning Board Review
• June 9, 2015 – Planning Board Public Hearing and Recommendation to governing bodies
• June 16, 2015 – BOCC Resolution of Intent to Amend Regulations, Setting of Public Hearing date
• 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

There should not be a direct financial impact to the City or County as a result of these proposed amendments.

Planning staff recommends that the Board of Planning review the proposed changes, provide feedback, and set a public hearing date for June 9, 2015.