{"data":{"id":"us-mt/76-5-102","jurisdiction":"us-mt","citation":"76-5-102","heading":"Policy and purposes.","body":"(1) The policy and purposes of parts 1 through 4 of this chapter are to:\n(a) guide development of the floodway areas of this state consistent with the enumerated findings;\n(b) recognize the right and need of watercourses to periodically carry more than the normal flow of water;\n(c) provide state coordination and technical assistance to local units in management of floodway areas;\n(d) coordinate federal, state, and local management activities for floodway areas;\n(e) encourage local governmental units to manage flood-prone lands, including the adoption, enforcement, and administration of land use regulations; and\n(f) provide the department of natural resources and conservation with authority necessary to carry out a comprehensive floodway management program for the state.\n(2) Specifically, it is the purpose of parts 1 through 4 to:\n(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;\n(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;\n(c) develop and provide information to identify lands that are unsuited for certain development purposes because of flood hazard;\n(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;\n(e) apply more restrictive land use regulations within the designated floodway;\n(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.","path":["TITLE 76. LAND RESOURCES AND USE","CHAPTER 5. FLOOD PLAIN AND FLOODWAY MANAGEMENT","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0760/chapter_0050/part_0010/section_0020/0760-0050-0010-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:00:04Z","sha256":"0d5ca6aa57eef7ffe5d32a93e12da9da77a6daa5565b0bdb1c93afee26402c66","source_id":"us-mt","stale":false,"prev":"us-mt/76-5-101","next":"us-mt/76-5-103"},"notice":"GroundRules: Original legal text. Not legal advice."}