1. (1) The following artificial obstructions are prohibited within the designated floodway except as allowed by permit under ARM 36.15.602 through 36.15.604 and ARM 36.15.606:

   1. (a) a building for living purposes or place of assembly or permanent use by human beings;
   2. (b) a structure or excavation that will cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, or reduce the carrying capacity of the floodway;
   3. (c) the construction or permanent storage of any object subject to floatation or movement during flood level periods.

2. (2) The following artificial obstructions are also prohibited within the designated floodway:

   1. (a) mobile homes and manufactured homes;
   2. (b) commercial buildings;
   3. (c) solid and hazardous waste disposal and individual or multiple family sewage disposal systems;
   4. (d) storage of toxic, flammable, hazardous, or explosive materials.

Authorizing statute(s): Sec. 76-5-208, MCA

Implementing statute(s): Sec. 76-5-403 and 76-5-406, MCA

History: NEW, Eff. 9/4/74; AMD, 1989 MAR p. 1665, Eff. 10/27/89.