Montana § 76-5-401 - Permissible Open-Space Uses
Full text of Montana Montana Code Annotated § 76-5-401 — Permissible Open-Space Uses, with citation guidance and answers to common questions.
§ 76-5-401. Permissible Open-Space Uses
Permissible open-space uses. The following open-space uses are permitted within the designated floodway to the extent that they are not prohibited by any other ordinance or statute and provided they do not require structures other than portable structures, fill, or permanent storage of materials or equipment: (1) agricultural uses; (2) industrial-commercial uses such as loading areas, parking areas, or emergency landing strips; (3) private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife management and natural areas, alternative livestock ranches, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, or hiking and horseback riding trails; (4) forestry, including processing of forest products with portable equipment; (5) residential uses such as lawns, gardens, parking areas, and play areas; (6) excavations subject to the issuance of a permit under 76-5-405 and 76-5-406 .
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 76-5-401
What does Montana Code Annotated § 76-5-401 cover?
Section 76-5-401 ("Permissible Open-Space Uses") 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 § 76-5-401?
A common citation format is "Montana Code Annotated § 76-5-401" (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 § 76-5-401 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.