reglab/housing_qa huggingface dataset:
MT Code § 76-5-105 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 1. General Provisions|76-5-105. Authority to enter and investigate lands or waters

  76-5-105. Authority to enter and investigate lands or waters. (1) The department or the responsible political subdivision may make reasonable entry upon any lands and waters in the state for the purpose of making an investigation, survey, removal, or repair contemplated by parts 1 through 4 of this chapter. Unless written consent is obtained, however, the department or the responsible political subdivision shall provide written notice of its entry by personal delivery to the owner, owner's agent, lessee, or lessee's agent whose lands will be entered. If none of these persons can be found, the department or the responsible political subdivision shall affix a copy of the notice to one or more conspicuous places on the property.   (2) An investigation of a natural or artificial obstruction or nonconforming use shall be made by the department or the responsible political subdivision either on its own initiative, on the written request of three titleholders of land abutting the watercourse or drainway involved, or on the written request of a political subdivision. Upon the request of an owner, owner's agent, lessee, or lessee's agent whose lands will be entered to undertake the investigation, the department or the responsible political subdivision shall release the names and addresses of the persons or political subdivision requesting the investigation.   History: En. Sec. 9, Ch. 393, L. 1971; amd. Sec. 201, Ch. 253, L. 1974; amd. Sec. 8, Ch. 271, L. 1974; R.C.M. 1947, 89-3509; amd. Sec. 1, Ch. 382, L. 1985.
MT Code § 76-5-106 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 1. General Provisions|76-5-106. Exemption for small drainage area

  76-5-106. Exemption for small drainage area. Parts 1 through 4 of this chapter do not extend to any obstruction in the flood plain or floodway of a watercourse or drainway where the drainage area above the watercourse or drainway, either within or outside the state, is less than 25 square miles in extent unless a particular watercourse or drainway is expressly declared to be within the coverage of parts 1 through 4 by order of the department.   History: En. Sec. 10, Ch. 393, L. 1971; amd. Sec. 9, Ch. 271, L. 1974; R.C.M. 1947, 89-3510; amd. Sec. 243, Ch. 418, L. 1995.
MT Code § 76-5-107 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 1. General Provisions|76-5-107. Federal supremacy

  76-5-107. Federal supremacy. Parts 1 through 4 do not interfere with the right of the United States to regulate interstate commerce or the navigable waters of the United States.   History: En. Sec. 14, Ch. 393, L. 1971; amd. Sec. 204, Ch. 253, L. 1974; amd. Sec. 11, Ch. 271, L. 1974; amd. Sec. 4, Ch. 73, L. 1977; R.C.M. 1947, 89-3514(part).
MT Code § 76-5-108 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 1. General Provisions|76-5-108. Permit construed as added requirement

  76-5-108. Permit construed as added requirement. The granting of a permit under parts 1 through 4 of this chapter does not affect any other type of approval required by any other statute or ordinance of the state, of any political subdivision, or of the United States but is an added requirement.   History: En. Sec. 14, Ch. 393, L. 1971; amd. Sec. 204, Ch. 253, L. 1974; amd. Sec. 11, Ch. 271, L. 1974; amd. Sec. 4, Ch. 73, L. 1977; R.C.M. 1947, 89-3514(part).
MT Code § 76-5-109 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 1. General Provisions|76-5-109. Other legal remedies preserved -- immunity

  76-5-109. Other legal remedies preserved -- immunity. (1) The grant or denial of a permit does not have an effect on a remedy of a person at law or in equity.   (2) When it is shown that there is a wrongful failure to comply with parts 1 through 4 of this chapter, there is a rebuttable presumption that the obstruction was the proximate cause of the flooding of the land of a person bringing suit.   (3) The use of any one of the remedies or powers given to the department in parts 1 through 4 is not a bar to the exercise of any other remedy or power given by parts 1 through 4.   (4) An action for damages sustained because of injury caused by an obstruction for which a permit has been granted under parts 1 through 4 may not be brought against the state or the department.   History: (1), (2), (4)En. Sec. 14, Ch. 393, L. 1971; amd. Sec. 204, Ch. 253, L. 1974; amd. Sec. 11, Ch. 271, L. 1974; amd. Sec. 4, Ch. 73, L. 1977; Sec. 89-3514, R.C.M. 1947; (3)En. Sec. 15, Ch. 393, L. 1971; amd. Sec. 205, Ch. 253, L. 1974; Sec. 89-3515, R.C.M. 1947; R.C.M. 1947, 89-3514(part), 89-3515; amd. Sec. 244, Ch. 418, L. 1995.
MT Code § 76-5-110 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 1. General Provisions|76-5-110. Penalties for violation

  76-5-110. Penalties for violation. Any person who violates 76-5-401 through 76-5-404 shall be guilty of a misdemeanor and shall upon conviction thereof be fined not more than $100 or be imprisoned in the county jail for not more than 10 days or be both so fined and imprisoned. Each day's continuance of a violation shall be deemed a separate and distinct offense.   History: En. Sec. 13, Ch. 393, L. 1971; R.C.M. 1947, 89-3513.
MT Code § 76-5-201 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|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) 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 geological survey, the United States army corps of engineers, or any other state or federal agency for the acquisition of data.   (2) Before the department establishes by order a designated flood plain or a designated floodway, the department shall consult with the affected political subdivisions. Consultation must include but is not limited to the following:   (a) specifically requesting that the political subdivisions submit pertinent data concerning flood hazards, including flooding experiences, plans to avoid potential hazards, estimates of economic impacts of flooding on the community, both historical and prospective, and other data that is considered appropriate;   (b) notifying local officials, including members of the county commission, city council, and planning board, of the progress of surveys, studies, and investigations and of proposed findings, along with information concerning data and methods employed in reaching conclusions; and   (c) encouraging local dissemination of information concerning surveys, studies, and investigations so that interested persons will have an opportunity to bring relevant data to the attention of the department.   (3) Nothing in this part precludes a political subdivision from designating by ordinance or resolution, without prior state designation, flood plains and floodways as designated by the United States federal emergency management agency and as necessary for compliance with the national flood insurance program if the department determines the designation is in compliance with parts 1 through 4 of this chapter.   History: En. Sec. 4, Ch. 393, L. 1971; amd. Sec. 2, Ch. 294, L. 1973; amd. Sec. 196, Ch. 253, L. 1974; amd. Sec. 3, Ch. 271, L. 1974; amd. Sec. 1, Ch. 262, L. 1977; R.C.M. 1947, 89-3504(1); amd. Sec. 245, Ch. 418, L. 1995; amd. Sec. 2, Ch. 113, L. 2009.
MT Code § 76-5-202 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 2. Role of State Agencies|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 hearing, the designated floodway within which a political subdivision may establish land use regulation.   (3) These designations must be based upon reasonable hydrological certainty. Designations made according to a flood hazard boundary map prepared by the federal emergency management agency have a rebuttable presumption of reasonable hydrological certainty.   (4) The department shall record all designated flood plains or designated floodways in the office of the county clerk and recorder of each county in which those flood plains or floodways are found.   History: En. Sec. 4, Ch. 393, L. 1971; amd. Sec. 2, Ch. 294, L. 1973; amd. Sec. 196, Ch. 253, L. 1974; amd. Sec. 3, Ch. 271, L. 1974; amd. Sec. 1, Ch. 262, L. 1977; R.C.M. 1947, 89-3504(part); amd. Sec. 1, Ch. 160, L. 1987; amd. Sec. 246, Ch. 418, L. 1995.
MT Code § 76-5-203 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 2. Role of State Agencies|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, L. 1974; amd. Sec. 3, Ch. 271, L. 1974; amd. Sec. 1, Ch. 262, L. 1977; R.C.M. 1947, 89-3504(part); amd. Sec. 247, Ch. 418, L. 1995.
MT Code § 76-5-204 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 2. Role of State Agencies|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 be less than 10 days prior to the date set for the hearing or the effective date of the order.   History: En. Sec. 4, Ch. 393, L. 1971; amd. Sec. 2, Ch. 294, L. 1973; amd. Sec. 196, Ch. 253, L. 1974; amd. Sec. 3, Ch. 271, L. 1974; amd. Sec. 1, Ch. 262, L. 1977; R.C.M. 1947, 89-3504(part); amd. Sec. 248, Ch. 418, L. 1995.
MT Code § 76-5-205 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 2. Role of State Agencies|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 rules of the department, and suggested minimum standards adopted by the department.   (2) These standards and rules must reflect gradations in flood hazard based on criteria as outlined in 76-5-406. In adopting these standards and rules, the department shall consider local input from the affected political subdivisions.   History: En. Sec. 4, Ch. 393, L. 1971; amd. Sec. 2, Ch. 294, L. 1973; amd. Sec. 196, Ch. 253, L. 1974; amd. Sec. 3, Ch. 271, L. 1974; amd. Sec. 1, Ch. 262, L. 1977; R.C.M. 1947, 89-3504(part); amd. Sec. 249, Ch. 418, L. 1995.
MT Code § 76-5-206 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 2. Role of State Agencies|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.
MT Code § 76-5-207 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 2. Role of State Agencies|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.
MT Code § 76-5-208 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 2. Role of State Agencies|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 to any requirement imposed by 76-5-202 through 76-5-205, the department shall provide notice by mail to the titleholder of land adjacent to a watercourse or drainway that would be specifically affected by a proposed order. The notice must be provided at least 10 days prior to a hearing, if one is required, or at least 10 days prior to the effective date of the order if a hearing is not required.   History: En. Sec. 11, Ch. 393, L. 1971; amd. Sec. 202, Ch. 253, L. 1974; amd. Sec. 10, Ch. 271, L. 1974; R.C.M. 1947, 89-3511(part); amd. Sec. 251, Ch. 418, L. 1995; amd. Sec. 1, Ch. 23, L. 2011.
MT Code § 76-5-209 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 2. Role of State Agencies|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 appeal is taken, enforcement of the order is stayed pending the outcome of the appeal.   History: En. Sec. 11, Ch. 393, L. 1971; amd. Sec. 202, Ch. 253, L. 1974; amd. Sec. 10, Ch. 271, L. 1974; R.C.M. 1947, 89-3511(part); amd. Sec. 252, Ch. 418, L. 1995.
MT Code § 76-5-301 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 3. Role of Local Government|76-5-301. Land use regulations

  76-5-301. Land use regulations. (1) Upon transmittal of the flood plain information to officials of a political subdivision, the political subdivision has 6 months from the date of transmittal to adopt land use regulations that meet or exceed the minimum standards of the department. The regulations may include, for the purposes of flood plain management only, flood plain management regulations within sheetflood areas as determined by the federal emergency management agency.   (2) If within the 6-month period the political subdivision has failed to adopt the land use regulations, the department shall enforce the minimum standards within the designated flood plain or the designated floodway as established by the department under 76-5-202 through 76-5-205, and an artificial obstruction or nonconforming use may not be established by any person within the designated flood plain or the designated floodway unless specifically authorized by the department.   (3) A political subdivision that has failed to adopt land use regulations that meet or exceed the minimum standards of the department within the 6-month period may subsequently adopt regulations, and if approved by the department, the regulations are effective within the designated flood plain or floodway and must be administered and enforced by the political subdivision.   (4) When necessary for compliance with federal flood insurance requirements, the department may shorten the 6-month period upon notification to the political subdivision and publication of a notice of the revised period in a newspaper of general circulation in the affected area once a week for 3 consecutive weeks.   History: En. Sec. 4, Ch. 393, L. 1971; amd. Sec. 2, Ch. 294, L. 1973; amd. Sec. 196, Ch. 253, L. 1974; amd. Sec. 3, Ch. 271, L. 1974; amd. Sec. 1, Ch. 262, L. 1977; R.C.M. 1947, 89-3504(3) thru (5); amd. Sec. 1, Ch. 74, L. 1983; amd. Sec. 253, Ch. 418, L. 1995.
MT Code § 76-5-302 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 5. Flood Plain and Floodway Management|Part 3. Role of Local Government|76-5-302. Substitution of local control for state permit system

  76-5-302. Substitution of local control for state permit system. (1) If a political subdivision enacts, in harmony with the purposes of parts 1 through 4 of this chapter, permit issuance ordinances, regulations, or resolutions and land use ordinances, regulations, or resolutions that meet or exceed the minimum standards of the department and if the administrative and enforcement procedures established for those ordinances, regulations, or resolutions are found acceptable by the department, a permit from the department is not required.   (2) However, if the department determines that there is a failure by a political subdivision to comply with the intent, purposes, and provisions of parts 1 through 4 and the minimum standards adopted under parts 1 through 4, the powers of the political subdivision may be suspended after hearing and the minimum standards adopted by the department must be enforced by the department until the department determines that the political subdivision will comply.   History: En. Sec. 14, Ch. 393, L. 1971; amd. Sec. 204, Ch. 253, L. 1974; amd. Sec. 11, Ch. 271, L. 1974; amd. Sec. 4, Ch. 73, L. 1977; R.C.M. 1947, 89-3514(part); amd. Sec. 254, Ch. 418, L. 1995.
MT Code § 76-5-401 (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|76-5-401. Permissible open-space uses

  76-5-401. Permissible open-space uses. The following open-space uses are permitted within the designated floodway to the extent that they are not prohibited by any other ordinance or statute and provided they do not require structures other than portable structures, fill, or permanent storage of materials or equipment:   (1) agricultural uses;   (2) industrial-commercial uses such as loading areas, parking areas, or emergency landing strips;   (3) private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife management and natural areas, alternative livestock ranches, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, or hiking and horseback riding trails;   (4) forestry, including processing of forest products with portable equipment;   (5) residential uses such as lawns, gardens, parking areas, and play areas;   (6) excavations subject to the issuance of a permit under 76-5-405 and 76-5-406.   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(2); amd. Sec. 68, Ch. 7, L. 2001.
MT Code § 76-5-402 (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|76-5-402. Permissible uses within flood plain but outside floodway

  76-5-402. Permissible uses within flood plain but outside floodway. Permits must be granted for the following uses within that portion of the flood plain not contained within the designated floodway to the extent that they are not prohibited by any other ordinance, regulation, or statute:   (1) any use permitted in the designated floodway;   (2) structures, including but not limited to residential, commercial, and industrial structures, provided that:   (a) the structures meet the minimum standards adopted by the department;   (b) residential structures are constructed so that the lowest floor elevation, including basements, is 2 feet above the 100-year flood elevation;   (c) commercial and industrial structures are either constructed as specified in subsection (2)(b) or are adequately floodproofed up to an elevation no lower than 2 feet above the 100-year flood elevation. The floodproofing must be in accordance with the minimum standards adopted by the department.   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(3); amd. Sec. 255, Ch. 418, L. 1995; amd. Sec. 2, Ch. 124, L. 2009.
MT Code § 76-5-403 (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|76-5-403. Prohibited uses within floodway

  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).
MT Code § 76-5-404 (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|76-5-404. Artificial obstructions and nonconforming uses

  76-5-404. Artificial obstructions and nonconforming uses. (1) An artificial obstruction or nonconforming use in a designated flood plain or designated floodway enforced under 76-5-301(1) and (2) and not exempt under 76-5-401 through 76-5-403 or subsection (2) or (3) of this section is a public nuisance unless a permit has been obtained for the artificial obstruction or nonconforming use from the department or the responsible political subdivision.   (2) It is unlawful for a person to establish an artificial obstruction or nonconforming use within a designated flood plain or a designated floodway without a permit from the department or the responsible political subdivision.   (3) (a) Parts 1 through 4 of this chapter do not affect any existing artificial obstruction or nonconforming use established in the designated flood plain or designated floodway before the land use regulations adopted by the political subdivision are effective or before the department has enforced a designated flood plain or a designated floodway under 76-5-301(1) and (2).   (b) However, a person may not make nor may an owner allow alterations of an artificial obstruction or nonconforming use within a designated flood plain or a designated floodway whether the obstruction proposed for alteration was located in the flood plain or floodway before or after July 1, 1971, except upon express written approval of the department or the responsible political subdivision. Maintenance of an obstruction is not an alteration.   History: En. Secs. 5, 6, Ch. 393, L. 1971; amd. Secs. 3, 4, Ch. 294, L. 1973; amd. Secs. 197, 198, Ch. 253, L. 1974; amd. Secs. 4, 5, Ch. 271, L. 1974; R.C.M. 1947, 89-3505, 89-3506(1); amd. Sec. 256, Ch. 418, L. 1995.