76-5-403. Prohibited uses within floodway. The following nonconforming uses shall be prohibited within the designated floodway:

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Terms Used In Montana Code 76-5-403

  • 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

(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.