Montana Statutes
§ 76-5-403 — Prohibited Uses Within Floodway
Montana § 76-5-403
JurisdictionMontana
Title 76LAND RESOURCES AND USE
Ch. 5FLOOD PLAIN AND FLOODWAY MANAGEMENT
Part 4Use of Flood Plains and Floodways
This text of Montana § 76-5-403 (Prohibited Uses Within 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. § 76-5-403 (2026).
Text
76-5-403 . Prohibited uses within floodway. The following nonconforming uses shall be prohibited within the designated floodway:
(1)a building for living purposes or place of assembly or permanent use by human beings;
(2)a structure or excavation that will cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, or reduce the carrying capacity of the floodway;
(3)the construction or permanent storage of an object subject to flotation or movement during flood level periods.
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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(4).
Nearby Sections
15
§ 76-5-101
Findings§ 76-5-102
Policy And Purposes§ 76-5-103
Definitions§ 76-5-106
Exemption For Small Drainage Area§ 76-5-107
Federal Supremacy§ 76-5-108
Permit Construed As Added Requirement§ 76-5-110
Penalties For Violation§ 76-5-1102
Types Of Projects§ 76-5-1104
Construction Of Part§ 76-5-1105
Division Of Work Into PartsCite This Page — Counsel Stack
Bluebook (online)
Montana § 76-5-403, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/5/76-5-403.