Montana § 76-5-401 Permissible Open-Space Uses

Montana Statutes

§ 76-5-401 — Permissible Open-Space Uses

Montana § 76-5-401

Title 76LAND RESOURCES AND USE

Ch. 5FLOOD PLAIN AND FLOODWAY MANAGEMENT

Part 4Use of Flood Plains and Floodways

This text of Montana § 76-5-401 (Permissible Open-Space Uses) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 76-5-401 (2026).

Text

76-5-401 . Permissible open-space uses. The following open-space uses are permitted within the designated floodway to the extent that they are not prohibited by any other ordinance or statute and provided they do not require structures other than portable structures, fill, or permanent storage of materials or equipment:

(1)agricultural uses;

(2)industrial-commercial uses such as loading areas, parking areas, or emergency landing strips;

(3)private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife management and natural areas, alternative livestock ranches, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, or hiking and

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76-5-401 . Permissible open-space uses. The following open-space uses are permitted within the designated floodway to the extent that they are not prohibited by any other ordinance or statute and provided they do not require structures other than portable structures, fill, or permanent storage of materials or equipment:
(1) agricultural uses;
(2) industrial-commercial uses such as loading areas, parking areas, or emergency landing strips;
(3) private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife management and natural areas, alternative livestock ranches, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, or hiking and horseback riding trails;
(4) forestry, including processing of forest products with portable equipment;
(5) residential uses such as lawns, gardens, parking areas, and play areas;
(6) excavations subject to the issuance of a permit under 76-5-405 and 76-5-406 .

Legislative History

En. Sec. 6, Ch. 393, L. 1971; amd. Sec. 4, Ch. 294, L. 1973; amd. Sec. 198, Ch. 253, L. 1974; amd. Sec. 5, Ch. 271, L. 1974; R.C.M. 1947, 89-3506(2); amd. Sec. 68, Ch. 7, L. 2001.