Montana Code Annotated 2023

TITLE 76. LAND RESOURCES AND USE

CHAPTER 5. FLOOD PLAIN AND FLOODWAY MANAGEMENT

Part 2. Role of State Agencies

Orders And Rules

76-5-208. Orders and rules. (1) The department may adopt orders and rules to implement parts 1 through 4 of this chapter. All orders and rules must be on file at the offices of the department and in the office of the county clerk and recorder of each county affected by the order or rule.

(2) In addition to any requirement imposed by 76-5-202 through 76-5-205, the department shall provide notice by mail to the titleholder of land adjacent to a watercourse or drainway that would be specifically affected by a proposed order. The notice must be provided at least 10 days prior to a hearing, if one is required, or at least 10 days prior to the effective date of the order if a hearing is not required.

History: En. Sec. 11, Ch. 393, L. 1971; amd. Sec. 202, Ch. 253, L. 1974; amd. Sec. 10, Ch. 271, L. 1974; R.C.M. 1947, 89-3511(part); amd. Sec. 251, Ch. 418, L. 1995; amd. Sec. 1, Ch. 23, L. 2011.