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).
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 5. Flood Plain and Floodway Management
Part 4. Use of Flood Plains and Floodways
76-5-401. Permissible open-space uses
76-5-402. Permissible uses within flood plain but outside floodway
76-5-403. Prohibited uses within floodway
76-5-404. Artificial obstructions and nonconforming uses
76-5-405. Variance for obstruction or nonconforming use
76-5-406. Criteria to be considered in connection with variance request