76-5-109. Other legal remedies preserved — immunity
76-5-109. Other legal remedies preserved — immunity. (1) The grant or denial of a permit does not have an effect on a remedy of a person at law or in equity. (2) When it is shown that there is a wrongful failure to comply with parts 1 through 4 of this chapter, there is a rebuttable presumption […]
76-5-110. Penalties for violation
76-5-110. Penalties for violation. Any person who violates 76-5-401 through 76-5-404 shall be guilty of a misdemeanor and shall upon conviction thereof be fined not more than $100 or be imprisoned in the county jail for not more than 10 days or be both so fined and imprisoned. Each day’s continuance of a violation shall be […]
76-5-201. Program for delineation of flood plains and floodways
76-5-201. Program for delineation of flood plains and floodways. (1) The department shall initiate a comprehensive program for the delineation of designated flood plains and designated floodways for each watercourse and drainway in the state. It shall make a study relating to the acquiring of flood data and may enter into arrangements with the United States […]
76-5-202. Designation of flood plains and floodways
76-5-202. Designation of flood plains and floodways. (1) When sufficient data has been acquired by the department, the department shall establish, by order after a public hearing, the designated flood plain within which a political subdivision may establish land use regulation. (2) When sufficient data has been acquired, the department shall establish, by order after a public […]
76-5-203. Alteration of flood plains or floodways
76-5-203. Alteration of flood plains or floodways. The department may alter the flood plains or floodways at any later time, by order after a public hearing, if a reevaluation of the then available flood data warrants it. History: En. Sec. 4, Ch. 393, L. 1971; amd. Sec. 2, Ch. 294, L. 1973; amd. Sec. 196, Ch. 253, […]
76-5-204. What constitutes notice
76-5-204. What constitutes notice. Notice of a hearing or order of the department establishing or altering the flood plains or floodways must be given by publishing the notice once each week for 3 consecutive weeks in a legal newspaper published or of general circulation in the area involved. The last publication of the notice may not […]
76-5-205. Furnishing of material to local governments
76-5-205. Furnishing of material to local governments. (1) When the designated flood plain or the designated floodway has been established, the department shall furnish this data to officials of the political subdivision having jurisdiction over those areas, together with a map outlining the areas involved, a copy of parts 1 through 4 of this chapter, adopted […]
76-5-101. Findings
76-5-101. Findings. The people of the state of Montana find that: (1) recurrent flooding of a portion of the state’s land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions; all of which are detrimental to the health, safety, welfare, and property of the occupants of flooded lands and […]
76-5-102. Policy and purposes
76-5-102. Policy and purposes. (1) The policy and purposes of parts 1 through 4 of this chapter are to: (a) guide development of the floodway areas of this state consistent with the enumerated findings; (b) recognize the right and need of watercourses to periodically carry more than the normal flow of water; (c) provide state coordination and technical assistance […]
76-5-103. Definitions
76-5-103. Definitions. As used in parts 1 through 4 of this chapter, unless the context otherwise requires, the following definitions apply: (1) ”Artificial obstruction” means any obstruction that is not a natural obstruction and includes any dam, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, […]