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Part 1. General Provisions
76-5-101. Findings - 76-5-101. Findings. The people of the state of Montana find...
76-5-102. Policy and purposes - 76-5-102. Policy and purposes. (1) The policy and purposes of...
76-5-103. Definitions - 76-5-103. Definitions. As used in parts 1 through 4 of...
76-5-104. Presumption that depression is watercourse - 76-5-104. Presumption that depression is watercourse. In the event of...
76-5-105. Authority to enter and investigate lands or waters - 76-5-105. Authority to enter and investigate lands or waters. (1)...
76-5-106. Exemption for small drainage area - 76-5-106. Exemption for small drainage area. Parts 1 through 4...
76-5-107. Federal supremacy - 76-5-107. Federal supremacy. Parts 1 through 4 do not interfere...
76-5-108. Permit construed as added requirement - 76-5-108. Permit construed as added requirement. The granting of a...
76-5-109. Other legal remedies preserved -- immunity - 76-5-109. Other legal remedies preserved -- immunity. (1) The grant...
76-5-110. Penalties for violation - 76-5-110. Penalties for violation. Any person who violates 76-5-401 through...
Part 2. Role of State Agencies
76-5-201. Program for delineation of flood plains and floodways - 76-5-201. Program for delineation of flood plains and floodways. (1)...
76-5-202. Designation of flood plains and floodways - 76-5-202. Designation of flood plains and floodways. (1) When sufficient...
76-5-203. Alteration of flood plains or floodways - 76-5-203. Alteration of flood plains or floodways. The department may...
76-5-204. What constitutes notice - 76-5-204. What constitutes notice. Notice of a hearing or order...
76-5-205. Furnishing of material to local governments - 76-5-205. Furnishing of material to local governments. (1) When the...
76-5-206. Repealed - 76-5-206. Repealed. Sec. 3, Ch. 23, L. 2011. History: En....
76-5-207. Repealed - 76-5-207. Repealed. Sec. 3, Ch. 23, L. 2011. History: En....
76-5-208. Orders and rules - 76-5-208. Orders and rules. (1) The department may adopt orders...
76-5-209. Appeal from order - 76-5-209. Appeal from order. (1) A person aggrieved by any...
Part 3. Role of Local Government
76-5-301. Land use regulations - 76-5-301. Land use regulations. (1) Upon transmittal of the flood...
76-5-302. Substitution of local control for state permit system - 76-5-302. Substitution of local control for state permit system. (1)...
Part 4. Use of Flood Plains and Floodways
76-5-401. Permissible open-space uses - 76-5-401. Permissible open-space uses. The following open-space uses are permitted...
76-5-402. Permissible uses within flood plain but outside floodway - 76-5-402. Permissible uses within flood plain but outside floodway. Permits...
76-5-403. Prohibited uses within floodway - 76-5-403. Prohibited uses within floodway. The following nonconforming uses shall...
76-5-404. Artificial obstructions and nonconforming uses - 76-5-404. Artificial obstructions and nonconforming uses. (1) An artificial obstruction...
76-5-405. Variance for obstruction or nonconforming use - 76-5-405. Variance for obstruction or nonconforming use. (1) The department...
76-5-406. Criteria to be considered in connection with variance request - 76-5-406. Criteria to be considered in connection with variance request....
Part 11. Water Conservation and Flood Control Projects
76-5-1101. Water conservation and flood control projects authorized - 76-5-1101. Water conservation and flood control projects authorized. (1) Cities,...
76-5-1102. Types of projects - 76-5-1102. Types of projects. Such cities, towns, or counties in...
76-5-1103. Water conservation and flood control activities declared public purpose - 76-5-1103. Water conservation and flood control activities declared public purpose....
76-5-1104. Construction of part - 76-5-1104. Construction of part. (1) This part and each section...
76-5-1105. Division of work into parts - 76-5-1105. Division of work into parts. Whenever any city, town,...
76-5-1106. Requirements to change project boundaries -- election - 76-5-1106. Requirements to change project boundaries -- election. The boundaries...
76-5-1107. Direction and construction responsibility of state or federal government -- local role - 76-5-1107. Direction and construction responsibility of state or federal government...
76-5-1108. Acquisition of property - 76-5-1108. Acquisition of property. (1) Cities, towns, and counties may...
76-5-1109. Contracts for use of railroads and highways - 76-5-1109. Contracts for use of railroads and highways. A city,...
76-5-1110. Cooperation with governmental, public, and private agencies - 76-5-1110. Cooperation with governmental, public, and private agencies. (1) Cities,...
76-5-1111. Apportionment of costs - 76-5-1111. Apportionment of costs. (1) The cost of all right-of-way...
76-5-1112. Sources of funds for cost of acquiring right-of-way and other costs - 76-5-1112. Sources of funds for cost of acquiring right-of-way and...
76-5-1113. Special assessments for operation and maintenance authorized - 76-5-1113. Special assessments for operation and maintenance authorized. (1) Any...
76-5-1114. Determination of assessment - 76-5-1114. Determination of assessment. (1) The special assessment shall be:...
76-5-1115. Fees and charges authorized - 76-5-1115. Fees and charges authorized. Cities, towns, and counties may...
76-5-1116. Determination of fees and charges - 76-5-1116. Determination of fees and charges. (1) In fixing the...
76-5-1117. Bonds authorized -- procedure - 76-5-1117. Bonds authorized -- procedure. Cities, towns, and counties are...