Montana Statutes
§ 76-5-403 — Prohibited Uses Within Floodway
Montana·Title 76 LAND RESOURCES AND USE·Ch. 5 FLOOD PLAIN AND FLOODWAY MANAGEMENT·Part 4 Use of Flood Plains and Floodways
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 Parts