PUBLIC HEARING. MOTION/RECOMMENDATION: City/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 consistent 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. The Planning Board reviewed the proposed subdivision regulation amendments on May 27 and is scheduled to conduct a public hearing and make a recommendation at this meeting.

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 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 desireable to have subdivision regulations that are consist with all other laws.
 
Attached are proposed amendments to Chapter 11 and Appendix O. of the City of Billings, and Chapter 11 and Appendix N. of the Yellowstone County Subdivision Regulations. The purpose of these amendments is to bring the local regulations in 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 completed its review
• June 9, 2015 – Planning Board conducts a Public Hearing and makes a recommendation to both the City and County governing bodies
• June 16, 2015 – The BOCC acts on a Resolution of Intent to Amend Regulations, Setting of Public Hearing date
• July 14, 2015 – BOCC conducts a Public Hearing and acts on a Resolution to Adopt
• July 13, 2015 –City Council conducts a Public Hearing and acts on 1^st Reading of the Ordinance
• July 27, 2015 – City Council conducts 2^nd Reading of the Ordinance

There should be no direct financial impact to the City or County in adopting these amendments to the subdivision regulations. 

Staff recommends that the Yellowstone County Board of Planning conduct the public hearing and recommend approval of the amendments to the City and County Subdivision Regulations to the City Council and the Board of County Commissioners.