Montana § 76-5-406 - Criteria To Be Considered In Connection With Variance Request
Full text of Montana Montana Code Annotated § 76-5-406 — Criteria To Be Considered In Connection With Variance Request, with citation guidance and answers to common questions.
§ 76-5-406. Criteria To Be Considered In Connection With Variance Request
Criteria to be considered in connection with variance request. In passing upon the application, the department or the responsible political subdivision shall consider in accordance with the minimum standards established by the department: (1) the danger to life and property by water that may be backed up or diverted by the obstruction or use; (2) the danger that the obstruction or use will be swept downstream to the injury of others; (3) the availability of alternate locations; (4) the construction or alteration of the obstruction or use in such a manner as to lessen the danger; (5) the permanence of the obstruction or use; (6) the anticipated development in the foreseeable future of the area that may be affected by the obstruction or use; and (7) other factors in harmony with the purpose of parts 1 through 4 of this chapter.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 76-5-406
What does Montana Code Annotated § 76-5-406 cover?
Section 76-5-406 ("Criteria To Be Considered In Connection With Variance Request") 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 § 76-5-406?
A common citation format is "Montana Code Annotated § 76-5-406" (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 § 76-5-406 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.