67th Legislature SJ 6.1
1 SENATE JOINT RESOLUTION NO. 6
2 INTRODUCED BY J. ELLIS
3
4 A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF
5 MONTANA URGING THE FEDERAL GOVERNMENT TO SIMPLIFY AND REDUCE THE COSTS OF
6 STREAM RESTORATION PROJECTS WHILE MAINTAINING THE SAFETY OF STRUCTURES IN FLOODS.
7
8 WHEREAS, Montana law prohibits certain uses within the floodway, including excavation that will
9 cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, or
10 reduce the carrying capacity of the floodway; and
11 WHEREAS, an engineering analysis is required by state and federal law to show a no-rise in base
12 elevations. Such a complex analysis is not usually needed for simple stream restoration projects where an
13 engineering analysis can cost more than the restoration work; and
14 WHEREAS, the Montana Association of Conservation Districts adopted Resolution 15-1 to encourage
15 the Montana Department of Natural Resources and Conservation and the Federal Emergency Management
16 Agency to work together to develop solutions to the prohibitive permitting constraints that will be acceptable by
17 all agencies; and
18 WHEREAS, the Department of Natural Resources and Conservation established a stream restoration
19 committee in 2017 to allow all permitting agencies and interested parties to work together to develop
20 alternatives or guidelines to alleviate unnecessary permitting constraints for restoration projects; and
21 WHEREAS, an engineering analysis is not necessary to design a restoration project that keeps the rise
22 in 100-year f lood levels as close to zero as practically possible to ensure structures are not impacted by flood
23 waters.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF
26 THE STATE OF MONTANA:
27 That the Federal Emergency Management Agency and the National Flood Insurance Program be
28 encouraged to implement the guidance developed by Montana's Stream Restoration Committee so certain
-1- Authorized Print Version – SJ 6
67th Legislature SJ 6.1
1 stream restoration projects that keep the rise in 100-year flood levels as close to zero as practically possible are
2 allowed to proceed with a simple analysis instead of unnecessary engineering work that makes stream
3 restoration projects too expensive.
4 - END -
-2- Authorized Print Version – SJ 6