Terms Used In Montana Code > Title 76 > Chapter 5 - Flood Plain and Floodway Management

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Artificial obstruction: means any obstruction that is not a natural obstruction and includes any dam, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across, or projecting into any flood plain or floodway that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. See Montana Code 76-5-103
• Channel: means the geographical area within either the natural or artificial banks of a watercourse or drainway. See Montana Code 76-5-103
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• 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
• Establish: means construct, place, insert, or excavate. 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
• Flood plain: means the area adjoining the watercourse or drainway that would be covered by the floodwater of a flood of 100-year frequency, except for sheetflood areas that receive less than 1 foot of water per occurrence and are considered "zone B" or a "shaded X zone" by the federal emergency management agency. 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Natural obstruction: means any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the flood plain or floodway by a nonhuman cause. See Montana Code 76-5-103
• Owner: means any person who has dominion over, control of, or title to an obstruction. See Montana Code 76-5-103
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Political subdivision: means any incorporated city or town or any county organized and having authority to adopt and enforce land use regulations. See Montana Code 76-5-103
• Property: means real and personal property. See Montana Code 1-1-205
• Responsible political subdivision: means a political subdivision that has enacted land use regulations in accordance with parts 1 through 4. 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
• Statute: A law passed by a legislature.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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