76-5-403. Prohibited uses within floodway, MCA

Montana Code Annotated 2017

TITLE 76. LAND RESOURCES AND USE

CHAPTER 5. FLOOD PLAIN AND FLOODWAY MANAGEMENT

Part 4. Use of Flood Plains and Floodways

Prohibited Uses Within Floodway

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.

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).