Montana Code 76-5-102. Policy and purposes
76-5-102. Policy and purposes. (1) The policy and purposes of parts 1 through 4 of this chapter are to:
Terms Used In Montana Code 76-5-102
- Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 76-5-103
- Designated flood plain: means a flood plain whose limits have been designated pursuant to part 2 of this chapter. See Montana Code 76-5-103
- Designated floodway: means a floodway whose limits have been designated pursuant to part 2 of this chapter. 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
- Property: means real and personal property. See Montana Code 1-1-205
- 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
(a)guide development of the floodway areas of this state consistent with the enumerated findings;
(b)recognize the right and need of watercourses to periodically carry more than the normal flow of water;
(c)provide state coordination and technical assistance to local units in management of floodway areas;
(d)coordinate federal, state, and local management activities for floodway areas;
(e)encourage local governmental units to manage flood-prone lands, including the adoption, enforcement, and administration of land use regulations; and
(f)provide the department of natural resources and conservation with authority necessary to carry out a comprehensive floodway management program for the state.
(2)Specifically, it is the purpose of parts 1 through 4 to:
(a)restrict or prohibit uses that are dangerous to health or safety of property in times of flood or that cause increased flood heights or velocities;
(b)require that uses vulnerable to floods, including public facilities that serve the uses, be provided with flood protection at the time of initial construction;
(c)develop and provide information to identify lands that are unsuited for certain development purposes because of flood hazard;
(d)distinguish between the land use regulations applied to the designated floodway and those applied to that portion of the designated flood plain not contained within the designated floodway;
(e)apply more restrictive land use regulations within the designated floodway;
(f)ensure that regulations and minimum standards adopted under parts 1 through 4, insofar as possible, balance the greatest public good with the least private injury.