1. (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:

   1. (a) the proposed use would not increase flood hazard either upstream or downstream in the area of insurable buildings;
   2. (b) refusal of a variance would because of exceptional circumstances cause a unique or undue hardship on the applicant or community involved;
   3. (c) the proposed use is adequately floodproofed;
   4. (d) reasonable alternative locations outside the designated floodplain are not available.

Authorizing statute(s): Sec. 76-5-405 and 76-5-406, MCA

Implementing statute(s): Sec. 76-5-405 and 76-5-406, MCA

History: NEW, 1989 MAR p. 1665, Eff. 10/27/89.