{"data":{"id":"us-mt/76-5-109","jurisdiction":"us-mt","citation":"76-5-109","heading":"Other legal remedies preserved -- immunity.","body":"(1) The grant or denial of a permit does not have an effect on a remedy of a person at law or in equity.\n(2) When it is shown that there is a wrongful failure to comply with parts 1 through 4 of this chapter, there is a rebuttable presumption that the obstruction was the proximate cause of the flooding of the land of a person bringing suit.\n(3) The use of any one of the remedies or powers given to the department in parts 1 through 4 is not a bar to the exercise of any other remedy or power given by parts 1 through 4.\n(4) An action for damages sustained because of injury caused by an obstruction for which a permit has been granted under parts 1 through 4 may not be brought against the state or the department.","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_0090/0760-0050-0010-0090.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:00:04Z","sha256":"6a7f8d17dcbf2f9846f0259164a903275b13dee56b0492722cb02dd5aba14232","source_id":"us-mt","stale":false,"prev":"us-mt/76-5-108","next":"us-mt/76-5-110"},"notice":"GroundRules: Original legal text. Not legal advice."}