Montana Code 76-5-106. Exemption for small drainage area
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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.
Terms Used In Montana Code 76-5-106
- Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 76-5-103
- Drainway: means any depression 2 feet or more below the surrounding land serving to give direction to a current of water less than 9 months of the year and having a bed and well-defined banks. See Montana Code 76-5-103
- Flood: means the water of any watercourse or drainway that is above the bank or outside the channel and banks of the watercourse or drainway. See Montana Code 76-5-103
- Floodway: means the channel of a watercourse or drainway and those portions of the flood plain adjoining the channel that are reasonably required to carry and discharge the floodwater of any watercourse or drainway. See Montana Code 76-5-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Watercourse: means any depression 2 feet or more below the surrounding land serving to give direction to a current of water at least 9 months of the year and having a bed and well-defined banks. See Montana Code 76-5-103