76-5-102. Policy and purposes. - Montana Statutes

     76-5-102. Policy and purposes. (1) The policy and purposes of parts 1 through 4 of this chapter are to:
     (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.

     History: En. Sec. 2, Ch. 393, L. 1971; amd. Sec. 194, Ch. 253, L. 1974; amd. Sec. 1, Ch. 271, L. 1974; R.C.M. 1947, 89-3502; amd. Sec. 241, Ch. 418, L. 1995.