Montana § 76-5-102 Policy And Purposes

Montana Statutes

§ 76-5-102 — Policy And Purposes

Montana § 76-5-102

Title 76LAND RESOURCES AND USE

Ch. 5FLOOD PLAIN AND FLOODWAY MANAGEMENT

Part 1General Provisions

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Bluebook

Mont. Code Ann. § 76-5-102 (2026).

Text

76-5-102 . Policy and purposes.

(1)The policy and purposes of parts 1 through 4 of this chapter are to:

(a)guide development of the floodway areas of this state consistent with the enumerated findings;

(b)recognize the right and need of watercourses to periodically carry more than the normal flow of water;

(c)provide state coordination and technical assistance to local units in management of floodway areas;

(d)coordinate federal, state, and local management activities for floodway areas;

(e)encourage local governmental units to manage flood-prone lands, including the adoption, enforcement, and administration of land use regulations; and

(f)provide the department of natural resources and conservation with authority necessary to carry out a comprehensive floodway management program fo

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76-5-102 . Policy and purposes. (1) The policy and purposes of parts 1 through 4 of this chapter are to:
(a) guide development of the floodway areas of this state consistent with the enumerated findings;
(b) recognize the right and need of watercourses to periodically carry more than the normal flow of water;
(c) provide state coordination and technical assistance to local units in management of floodway areas;
(d) coordinate federal, state, and local management activities for floodway areas;
(e) encourage local governmental units to manage flood-prone lands, including the adoption, enforcement, and administration of land use regulations; and
(f) provide the department of natural resources and conservation with authority necessary to carry out a comprehensive floodway management program for the state.
(2) Specifically, it is the purpose of parts 1 through 4 to:
(a) restrict or prohibit uses that are dangerous to health or safety of property in times of flood or that cause increased flood heights or velocities;
(b) require that uses vulnerable to floods, including public facilities that serve the uses, be provided with flood protection at the time of initial construction;
(c) develop and provide information to identify lands that are unsuited for certain development purposes because of flood hazard;
(d) distinguish between the land use regulations applied to the designated floodway and those applied to that portion of the designated flood plain not contained within the designated floodway;
(e) apply more restrictive land use regulations within the designated floodway;
(f) ensure that regulations and minimum standards adopted under parts 1 through 4, insofar as possible, balance the greatest public good with the least private injury.