76-5-102. Policy and purposes.
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/mt/title-76/chapter-5/part-1/76-5-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
76-5-102 . Policy and purposes.
(1)The policy and purposes of parts 1 through 4 of this chapter are to:
(a)guide development of the floodway areas of this state consistent with the enumerated findings;
(b)recognize the right and need of watercourses to periodically carry more than the normal flow of water;
(c)provide state coordination and technical assistance to local units in management of floodway areas;
(d)coordinate federal, state, and local management activities for floodway areas;
(e)encourage local governmental units to manage flood-prone lands, including the adoption, enforcement, and administration of land use regulations; and
(f)provide the department of natural resources and conservation with authority necessary to carry out a comprehensive floodway management program for the state.
(2)Specifically, it is the purpose of parts 1 through 4 to:
(a)restrict or prohibit uses that are dangerous to health or safety of property in times of flood or that cause increased flood heights or velocities;
(b)require that uses vulnerable to floods, including public facilities that serve the uses, be provided with flood protection at the time of initial construction;
(c)develop and provide information to identify lands that are unsuited for certain development purposes because of flood hazard;
(d)distinguish between the land use regulations applied to the designated floodway and those applied to that portion of the designated flood plain not contained within the designated floodway;
(e)apply more restrictive land use regulations within the designated floodway;
(f)ensure that regulations and minimum standards adopted under parts 1 through 4, insofar as possible, balance the greatest public good with the least private injury.