36.15.601 USES ALLOWED WITHOUT PERMITS
(1) The following open space uses shall be allowed without a permit anywhere
within the designated floodway provided that they are not prohibited by any
other ordinance or statute and provided that they do not require structures
other than portable structures, fill, or permanent storage of materials or
equipment:
(a) agricultural uses;
(b) industrial-commercial uses such as
loading areas, parking areas, and emergency landing strips;
(c) private and public recreational uses
such as golf courses, driving ranges, archery ranges, picnic grounds, boat-launching
ramps, swimming areas, parks, wildlife management and natural areas, game
farms, fish hatcheries, shooting preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, and hiking and horseback riding trails;
(d) forestry, including processing of
forest products with portable equipment; and
(e) residential uses such as lawns,
gardens, parking areas, and play areas.
(2) In addition to the uses specified in
the preceding subsection, the following uses and their accessories do not in
the judgment of the board endanger health or safety or cause increased flood
heights and shall thus be allowed without a permit in the designated floodway:
(a) irrigation and livestock supply wells
provided that they are located at least 500 feet from domestic water supply
wells; and
(b) fences, except permanent fences
crossing channels.
History: Sec. 76-5-208 and 76-5-406, MCA; IMP, Sec. 76-5-401, Sec. 76-5-405, and 76-5-406, MCA; NEW, Eff. 9/4/74; AMD, 1989 MAR p. 1665, Eff. 10/27/89.