76-15-706. Contents of land use regulations. (1) The regulations to be adopted by the supervisors under the provisions of 76-15-701 through 76-15-707 may include:
(a) provisions requiring the carrying out of necessary engineering operations, including the construction of water spreaders, terraces, terrace outlets, check dams, dikes, ponds, ditches, fences, and other necessary structures;
(b) provisions requiring observance of particular methods of cultivation or grazing, including contour cultivating, contour furrowing, and lister furrowing; sowing, planting, and strip cropping; seeding and planting of lands with water-conserving and erosion-preventing plants, trees, and grasses; and forestation and reforestation;
(c) specifications of cropping and range programs and tillage and grazing practices to be observed;
(d) provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; and
(e) provisions for other means, measures, operations, and programs that may assist conservation of soil and water resources and prevent or control erosion in the district, having due regard to the legislative findings set forth in 76-15-101 and 76-15-102.
(2) The regulations must provide for the establishment of a board of adjustment pursuant to 76-15-721.
(3) The regulations must be uniform throughout the territory comprised within the district except that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of threatened or existing erosion, grazing and cropping programs, tillage and range practices in use, and other relevant factors and may provide regulations varying with the type or class of land affected but uniform as to all lands within each class or type.
History: En. Sec. 9, Ch. 72, L. 1939; amd. Sec. 8, Ch. 431, L. 1971; R.C.M. 1947, 76-109(part); amd. Sec. 1, Ch. 194, L. 2015.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 15. Conservation Districts
76-15-701. Adoption of land use regulations
76-15-702. Referendum on proposed land use regulations
76-15-703. Voter approval of proposed regulations required
76-15-704. Regulations to have force of law
76-15-705. Alteration of regulations
76-15-706. Contents of land use regulations
76-15-707. Publication of regulations
76-15-708. Power to determine compliance with regulations
76-15-709. Enforcement of regulations -- petition to district court
76-15-710. Court procedure after petition is filed
76-15-711. through 76-15-720 reserved
76-15-721. Board of adjustment
76-15-722. Operation of board of adjustment
76-15-723. Petition for variance
76-15-724. Hearing on petition for a variance