ARM 36.15.218. VARIANCES

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