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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 […]

76-5-206. Repealed

76-5-206. Repealed. Sec. 3, Ch. 23, L. 2011. History: En. Sec. 8, Ch. 393, L. 1971; amd. Sec. 5, Ch. 294, L. 1973; amd. Sec. 200, Ch. 253, L. 974; amd. Sec. 7, Ch. 271, L. 1974; R.C.M. 1947, 89-3508; amd. Sec. 250, Ch. 418, L. 1995.

76-5-207. Repealed

76-5-207. Repealed. Sec. 3, Ch. 23, L. 2011. History: En. Sec. 12, Ch. 393, L. 1971; amd. Sec. 203, Ch. 253, L. 1974; R.C.M. 1947, 89-3512.

76-5-208. 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 […]

76-5-209. Appeal from order

76-5-209. Appeal from order. (1) A person aggrieved by any order of the department issued under parts 1 through 4 of this chapter may appeal from the order to a court of competent jurisdiction within 30 days after the order’s effective date. Service of notice of the appeal must be made upon the department. (2) If an […]