reglab/housing_qa huggingface dataset:
MT Code § 76-5-405 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 4. Use of Flood Plains and Floodways|76-5-405. Variance for obstruction or nonconforming use

  76-5-405. Variance for obstruction or nonconforming use. (1) The department or the responsible political subdivision may issue permits for the establishment or alteration of artificial obstructions and nonconforming uses that would otherwise violate 76-5-401 through 76-5-404. The application for the permit must be submitted to the department or the responsible political subdivision and contain the information that the department requires, including complete maps, plans, profiles, and specifications of the obstruction or use and watercourse or drainway.   (2) Permits for obstructions or uses to be established in the designated flood plain or designated floodway of watercourses must be approved or denied within a reasonable time by the department or the responsible political subdivision. Permits for obstructions or uses in the designated flood plains or designated floodways are conclusively considered to have been granted 60 days after the receipt of the application by the department or the responsible political subdivision or after a time that the department or the responsible political subdivision specifies, unless the department or the responsible political subdivision notifies the applicant that the permit is denied. The responsible political subdivision shall send to the department a copy of each permit granted pursuant to 76-5-406 and this section.   (3) The department or the responsible political subdivision may issue the permit with reasonable conditions. The permitted obstruction or use must be maintained in compliance with the permit.   History: En. Sec. 7, Ch. 393, L. 1971; amd. Sec. 199, Ch. 253, L. 1974; amd. Sec. 6, Ch. 271, L. 1974; R.C.M. 1947, 89-3507(part); amd. Sec. 257, Ch. 418, L. 1995; amd. Sec. 2, Ch. 23, L. 2011.
MT Code § 76-5-406 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 4. Use of Flood Plains and Floodways|76-5-406. Criteria to be considered in connection with variance request

  76-5-406. Criteria to be considered in connection with variance request. In passing upon the application, the department or the responsible political subdivision shall consider in accordance with the minimum standards established by the department:   (1) the danger to life and property by water that may be backed up or diverted by the obstruction or use;   (2) the danger that the obstruction or use will be swept downstream to the injury of others;   (3) the availability of alternate locations;   (4) the construction or alteration of the obstruction or use in such a manner as to lessen the danger;   (5) the permanence of the obstruction or use;   (6) the anticipated development in the foreseeable future of the area that may be affected by the obstruction or use; and   (7) other factors in harmony with the purpose of parts 1 through 4 of this chapter.   History: En. Sec. 7, Ch. 393, L. 1971; amd. Sec. 199, Ch. 253, L. 1974; amd. Sec. 6, Ch. 271, L. 1974; R.C.M. 1947, 89-3507(part); amd. Sec. 258, Ch. 418, L. 1995.
MT Code § 76-5-1101 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|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, towns, or counties, through their councils, boards of county commissioners, or other governing body, are hereby empowered, either individually or jointly, to engage or participate in the establishment of water conservation and flood control projects within the limits of such city, town, or county:   (a) for the protection or reclamation of property situated therein from floods or high waters and to protect property therein from the effects of floodwater; and   (b) for the conservation, development, storage, distribution, drainage, and utilization of water for purposes beneficial to the district.   (2) Purposes beneficial to the district include but are not limited to industrial and municipal water supply, recreation and wildlife, irrigation, streamflow stabilization, household and domestic use, and pollution abatement whenever the establishment of such a water conservation and flood control system shall, in the judgment of the city council, board of county commissioners, or other governing body, be conducive to public convenience and welfare.   History: En. Sec. 1, Ch. 272, L. 1965; amd. Sec. 1, Ch. 284, L. 1967; R.C.M. 1947, 89-3301(part).
MT Code § 76-5-1102 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1102. Types of projects

  76-5-1102. Types of projects. Such cities, towns, or counties in accordance with the provisions of this part, individually, jointly, or severally or in cooperation with the federal or state government or any department or agency thereof and with each other, may deepen, widen, straighten, alter, change, divert, or otherwise improve the watercourses within or without their limits by constructing levees, dikes, embankments, structures, impounding reservoirs, or conduits and improve, widen, and establish streets, alleys, and boulevards across and adjacent to the abandoned or new channel or conduit and provide for the payment of the cost and maintenance of such project or projects under the terms of this part.   History: En. Sec. 1, Ch. 272, L. 1965; amd. Sec. 1, Ch. 284, L. 1967; R.C.M. 1947, 89-3301(part).
MT Code § 76-5-1103 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1103. Water conservation and flood control activities declared public purpose

  76-5-1103. Water conservation and flood control activities declared public purpose. Such water conservation and flood control activities and their establishment, construction, operation, and maintenance as authorized by this part are declared to be for the protection of the tax base of the city, town, or county; for the protection of public roads, lands, and improvements; for the protection of the public health, sanitation, and safety; and for improvement of the general welfare.   History: En. Sec. 2, Ch. 272, L. 1965; amd. Sec. 2, Ch. 284, L. 1967; R.C.M. 1947, 89-3302.
MT Code § 76-5-1104 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1104. Construction of part

  76-5-1104. Construction of part. (1) This part and each section thereof shall be construed as granting additional power without limiting the power already existing in cities, towns, and counties.   (2) The provisions of this part and the methods of organization of water conservation and flood control projects are hereby declared to be an alternative method to any other method proposed by any law now in existence or hereafter enacted for the creation of such projects, and it is hereby declared that no provision hereof shall be amended or repealed by implication or otherwise as being in conflict with any existing law or future enactment unless specifically so declared by the legislature.   History: (1)En. Sec. 13, Ch. 272, L. 1965; Sec. 89-3313, R.C.M. 1947; (2)En. Sec. 12, Ch. 284, L. 1967; Sec. 89-3314, R.C.M. 1947; R.C.M. 1947, 89-3313, 89-3314.
MT Code § 76-5-1105 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1105. Division of work into parts

  76-5-1105. Division of work into parts. Whenever any city, town, or county has begun a water conservation or flood control system, or both, under this part, the council, board, or other governing body shall have the power to divide the work into parts, sections, or districts; to omit parts of said work; and to contract for any part or section separately and proceed therewith the same as if the entire work or improvements were contracted for, done, or made.   History: En. Sec. 11, Ch. 272, L. 1965; amd. Sec. 11, Ch. 284, L. 1967; R.C.M. 1947, 89-3311.
MT Code § 76-5-1106 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1106. Requirements to change project boundaries -- election

  76-5-1106. Requirements to change project boundaries -- election. The boundaries of a project once established may not be extended without approval by a majority of the electors residing in the area proposed to be annexed. The election must be held in accordance with the provisions of Title 13, chapter 1, part 5.   History: En. Sec. 1, Ch. 272, L. 1965; amd. Sec. 1, Ch. 284, L. 1967; R.C.M. 1947, 89-3301(part); amd. Sec. 238, Ch. 49, L. 2015.
MT Code § 76-5-1107 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|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 -- local role. This part contemplates that the actual direction of the project and the doing of the work in connection therewith is assumed by either the state or the federal government and the city, town, or county provides and assumes the cost of necessary right-of-way over and above such contributions in that regard as the federal government may choose to make. Under such limitation, all appropriate portions of this part shall apply.   History: En. Sec. 6, Ch. 272, L. 1965; amd. Sec. 5, Ch. 284, L. 1967; R.C.M. 1947, 89-3306.
MT Code § 76-5-1108 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1108. Acquisition of property

  76-5-1108. Acquisition of property. (1) Cities, towns, and counties may acquire by gift, purchase, or condemnation pursuant to Title 70, chapter 30, private property within the limits of the project that may be necessary to carry into effect the provisions of this part and to provide an outlet for the watercourses, either natural or artificial. Watercourses may be deepened, widened, straightened, altered, changed, diverted, or otherwise improved under the provisions of this part. Property rights that may be acquired include the right to cross railroad right-of-way and property and highway right-of-way and property so as not to impair the previous public use.   (2) All applicable provisions of Title 70, chapter 30, apply to the condemnation of property under this section.   History: En. Sec. 3, Ch. 272, L. 1965; amd. Sec. 3, Ch. 284, L. 1967; R.C.M. 1947, 89-3303; amd. Sec. 92, Ch. 125, L. 2001.
MT Code § 76-5-1109 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1109. Contracts for use of railroads and highways

  76-5-1109. Contracts for use of railroads and highways. A city, town, or county may contract with a railroad company or with the department of transportation for the use of railroad or highway rights-of-way and embankments and other railroad or highway property which can be utilized by the city, town, or county for the purpose of water conservation or flood control or protection as part of its water conservation or flood control system, or both, for a period not exceeding 99 years.   History: En. Sec. 10, Ch. 272, L. 1965; amd. Sec. 10, Ch. 284, L. 1967; amd. Sec. 207, Ch. 316, L. 1974; R.C.M. 1947, 89-3310; amd. Sec. 3, Ch. 512, L. 1991.
MT Code § 76-5-1110 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1110. Cooperation with governmental, public, and private agencies

  76-5-1110. Cooperation with governmental, public, and private agencies. (1) Cities, towns, and counties may in accordance with the provisions of this part:   (a) accept funds and property or other assistance, financial or otherwise, from federal, state, and other public or private sources for the purpose of aiding the construction and maintenance of water conservation and flood control projects; and   (b) cooperate and contract with the state or federal government or any department or agency thereof in furnishing assurances and meeting local cooperation requirements of any project involving control, conservation, and use of water.   (2) Cities, towns, and counties may also enter into agreement with the federal government to maintain levees, dikes, or other construction and to do all other acts required by the federal government in maintaining the work when completed.   History: En. Secs. 4, 7, Ch. 272, L. 1965; amd. Secs. 4, 6, Ch. 284, L. 1967; R.C.M. 1947, 89-3304, 89-3307(part).
MT Code § 76-5-1111 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1111. Apportionment of costs

  76-5-1111. Apportionment of costs. (1) The cost of all right-of-way acquired by purchase or condemnation pursuant to Title 70, chapter 30, together with any other property rights that may be required in furtherance of projects under this part, may be borne by the city, town, or county.   (2) The work of actual construction and the cost of construction may be borne by the federal government.   History: En. Sec. 5, Ch. 272, L. 1965; R.C.M. 1947, 89-3305; amd. Sec. 93, Ch. 125, L. 2001.
MT Code § 76-5-1112 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|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 other costs. (1) The council, board, or governing body shall have power to allocate a portion of the street or road fund, as the case may be, for the purpose of acquiring right-of-way or the operation and maintenance of completed projects.   (2) Cities, towns, and counties in furtherance of such water conservation and flood control projects may accept contributions to enable them to pay for necessary right-of-way.   (3) The council, board of county commissioners, or other governing body shall also have the authority to receive and accept appropriations and contributions from any source of either money or property or other things of value to be held, used, and applied for the purposes provided in this part.   History: (1)En. Sec. 8, Ch. 272, L. 1965; amd. Sec. 7, Ch. 284, L. 1967; Sec. 89-3308, R.C.M. 1947; (2)En. Sec. 7, Ch. 272, L. 1965; amd. Sec. 6, Ch. 284, L. 1967; Sec. 89-3307, R.C.M. 1947; (3)En. Sec. 9, Ch. 284, L. 1967; Sec. 89-3309.1, R.C.M. 1947; R.C.M. 1947, 89-3307(part), 89-3308, 89-3309.1(part).
MT Code § 76-5-1113 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1113. Special assessments for operation and maintenance authorized

  76-5-1113. Special assessments for operation and maintenance authorized. (1) Any city, town, or county that shall establish a water conservation or flood control system, or both, pursuant to this part may for the purpose of providing funds for the operation and maintenance thereof levy an annual special assessment against all real property in the area benefiting from such system.   (2) Such special assessments for the operation and maintenance of any system authorized by this part shall be levied as are other special improvement levies as required by law.   History: En. Sec. 9, Ch. 272, L. 1965; amd. Sec. 8, Ch. 284, L. 1967; R.C.M. 1947, 89-3309(part).
MT Code § 76-5-1114 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1114. Determination of assessment

  76-5-1114. Determination of assessment. (1) The special assessment shall be:   (a) levied against each lot or parcel of land in the benefited area for that portion of the money required which its area bears to the total area of all of the lands to be assessed; or   (b) at the option of the governing body of the city, town, or county, as the case may be, based upon the taxable valuation, as stated in the last-completed county assessment roll, of the lots or parcels of land, exclusive of improvements thereon, within said benefited area; in which case each lot or parcel of land to be assessed shall be assessed with that part of the amount of money required which its taxable valuation bears to the total taxable valuation of all of the lands to be assessed.   (2) However, where the benefited area lies in more than one county or lies both within a county and also a city or town, the same method of assessment shall be used for each governing body.   History: En. Sec. 9, Ch. 272, L. 1965; amd. Sec. 8, Ch. 284, L. 1967; R.C.M. 1947, 89-3309(part).
MT Code § 76-5-1115 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1115. Fees and charges authorized

  76-5-1115. Fees and charges authorized. Cities, towns, and counties may for the purpose of providing funds for the operation and maintenance of completed projects fix, maintain, and collect fees, rents, tolls, and other charges for services rendered or facilities provided.   History: En. Sec. 9, Ch. 284, L. 1967; R.C.M. 1947, 89-3309.1(part).
MT Code § 76-5-1116 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1116. Determination of fees and charges

  76-5-1116. Determination of fees and charges. (1) In fixing the rate, fee, toll, or rent for water furnished for household use, domestic use, irrigation use, industrial use, and municipal use and for water used for streamflow stabilization, the governing body shall charge a fee sufficient to pay the proportionate share of the repairs, maintenance, and operating expenses as the use bears in economic value to the total economic value of the total use of the facilities of the project or projects. The economic value is to be determined by the governing body.   (2) For the benefits received by areas within the boundaries of the project or projects for flood prevention, flood control, and pollution abatement, the governing body shall determine a reasonable valuation or charge. The valuation or charge must be certified by the governing body to the county commissioners prior to the time general taxes are levied and assessed. Subject to 15-10-420, the county commissioners shall levy a special assessment as provided for in 76-5-1113 and 76-5-1114 against the area or areas sufficient to provide revenue for the repairs, maintenance, and operating expenses of the project.   (3) For recreation use the governing body shall first determine the share of the costs of operation, repairs, and depreciation to be charged against recreation uses and from this figure shall subtract the estimated amount of fees and tolls collected for recreation uses. The deficiency, if any, must be certified to the county commissioners, and subject to 15-10-420, special assessments must be levied by the county commissioners in the manner provided in this section.   History: En. Sec. 9, Ch. 284, L. 1967; R.C.M. 1947, 89-3309.1(part); amd. Sec. 144, Ch. 584, L. 1999.
MT Code § 76-5-1117 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 11. Water Conservation and Flood Control Projects|76-5-1117. Bonds authorized -- procedure

  76-5-1117. Bonds authorized -- procedure. Cities, towns, and counties are authorized to contract indebtedness and to issue special improvement district or rural improvement district bonds to provide funds for the payment of the cost of improvements contemplated by this part by following the procedures established for the issuance of such bonds under the provisions of Title 7, chapter 12, part 42, as to cities and towns and Title 7, chapter 12, part 21, as to counties. Payment and security for the bonds shall be provided by following the following procedures:   (1) Tax assessments for the payment of the bonds shall be levied in accordance with Title 7, chapter 12, parts 41 and 42, or Title 7, chapter 12, part 21, as to cities and counties, respectively, or 76-5-1114(1).   (2) A revolving fund, to be pledged for the security of the bonds, must be established pursuant to the provisions of Title 7, chapter 12, part 42, as to cities and towns, and Title 7, chapter 12, part 21, as to counties, by the governing body authorizing the issuance of the bonds.   History: En. Sec. 12, Ch. 272, L. 1965; amd. Sec. 1, Ch. 239, L. 1971; R.C.M. 1947, 89-3312; amd. Sec. 15, Ch. 266, L. 1979; amd. Sec. 1, Ch. 209, L. 1981.
MT Code § 76-6-101 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 6. Open Spaces|Part 1. General Provisions|76-6-101. Short title

  76-6-101. Short title. This chapter may be cited as the "Open-Space Land and Voluntary Conservation Easement Act".   History: En. Sec. 1, Ch. 337, L. 1969; amd. Sec. 1, Ch. 489, L. 1975; R.C.M. 1947, 62-601.