Montana § 76-5-402 Permissible Uses Within Flood Plain But Outside Floodway

Montana Statutes

§ 76-5-402 — Permissible Uses Within Flood Plain But Outside Floodway

Montana § 76-5-402

Title 76LAND RESOURCES AND USE

Ch. 5FLOOD PLAIN AND FLOODWAY MANAGEMENT

Part 4Use of Flood Plains and Floodways

This text of Montana § 76-5-402 (Permissible Uses Within Flood Plain But Outside Floodway) 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. § 76-5-402 (2026).

Text

76-5-402 . Permissible uses within flood plain but outside floodway. Permits must be granted for the following uses within that portion of the flood plain not contained within the designated floodway to the extent that they are not prohibited by any other ordinance, regulation, or statute:

(1)any use permitted in the designated floodway;

(2)structures, including but not limited to residential, commercial, and industrial structures, provided that:

(a)the structures meet the minimum standards adopted by the department;

(b)residential structures are constructed so that the lowest floor elevation, including basements, is 2 feet above the 100-year flood elevation;

(c)commercial and industrial structures are either constructed as specified in subsection (2)(b) or are adequately floodproofed

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76-5-402 . Permissible uses within flood plain but outside floodway. Permits must be granted for the following uses within that portion of the flood plain not contained within the designated floodway to the extent that they are not prohibited by any other ordinance, regulation, or statute:
(1) any use permitted in the designated floodway;
(2) structures, including but not limited to residential, commercial, and industrial structures, provided that:
(a) the structures meet the minimum standards adopted by the department;
(b) residential structures are constructed so that the lowest floor elevation, including basements, is 2 feet above the 100-year flood elevation;
(c) commercial and industrial structures are either constructed as specified in subsection (2)(b) or are adequately floodproofed up to an elevation no lower than 2 feet above the 100-year flood elevation. The floodproofing must be in accordance with the minimum standards adopted by the department.

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(3); amd. Sec. 255, Ch. 418, L. 1995; amd. Sec. 2, Ch. 124, L. 2009.