{"data":{"id":"us-mt/76-5-406","jurisdiction":"us-mt","citation":"76-5-406","heading":"Criteria to be considered in connection with variance request.","body":"In passing upon the application, the department or the responsible political subdivision shall consider in accordance with the minimum standards established by the department:\n(1) the danger to life and property by water that may be backed up or diverted by the obstruction or use;\n(2) the danger that the obstruction or use will be swept downstream to the injury of others;\n(3) the availability of alternate locations;\n(4) the construction or alteration of the obstruction or use in such a manner as to lessen the danger;\n(5) the permanence of the obstruction or use;\n(6) the anticipated development in the foreseeable future of the area that may be affected by the obstruction or use; and\n(7) other factors in harmony with the purpose of parts 1 through 4 of this chapter.","path":["TITLE 76. LAND RESOURCES AND USE","CHAPTER 5. FLOOD PLAIN AND FLOODWAY MANAGEMENT","Part 4. Use of Flood Plains and Floodways"],"source_url":"https://mca.legmt.gov/bills/mca/title_0760/chapter_0050/part_0040/section_0060/0760-0050-0040-0060.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:00:05Z","sha256":"7538bce9cce84068acd82a8bcd6c7105136d95b8dcbb236d34bc4708fa6b01fe","source_id":"us-mt","stale":false,"prev":"us-mt/76-5-405","next":"us-mt/76-5-1101"},"notice":"GroundRules: Original legal text. Not legal advice."}