Montana § 76-5-202 - Designation Of Flood Plains And Floodways
Full text of Montana Montana Code Annotated § 76-5-202 — Designation Of Flood Plains And Floodways, with citation guidance and answers to common questions.
§ 76-5-202. Designation Of Flood Plains And Floodways
Designation of flood plains and floodways. (1) When sufficient data has been acquired by the department, the department shall establish, by order after a public hearing, the designated flood plain within which a political subdivision may establish land use regulation. (2) When sufficient data has been acquired, the department shall establish, by order after a public hearing, the designated floodway within which a political subdivision may establish land use regulation. (3) These designations must be based upon reasonable hydrological certainty. Designations made according to a flood hazard boundary map prepared by the federal emergency management agency have a rebuttable presumption of reasonable hydrological certainty. (4) The department shall record all designated flood plains or designated floodways in the office of the county clerk and recorder of each county in which those flood plains or floodways are found.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 76-5-202
What does Montana Code Annotated § 76-5-202 cover?
Section 76-5-202 ("Designation Of Flood Plains And Floodways") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 76-5-202?
A common citation format is "Montana Code Annotated § 76-5-202" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 76-5-202 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.