§ 76-5-301 Land use regulations
§ 76-5-302 Substitution of local control for state permit system

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Terms Used In Montana Code > Title 76 > Chapter 5 > Part 3 - Role of Local Government

  • 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
  • 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
  • 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
  • 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
  • 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