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MT HB76

MT HB76
Eliminate floodway obstruction removal fee assessed by DNRC


summary

Introduced
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
03/18/2011

Introduced Session

2011 Regular Session

Bill Summary

AN ACT RELIEVING THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION OF THE POWER TO REMOVE OBSTRUCTIONS IN FLOODWAYS; ELIMINATING THE OBSTRUCTION PERMIT FEE AND THE FLOODWAY OBSTRUCTION REMOVAL FUND; AMENDING SECTIONS 76-5-208 AND 76-5-405, MCA; REPEALING SECTIONS 76-5-206 AND 76-5-207, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

AI Summary

This bill eliminates the Department of Natural Resources and Conservation's (DNRC) authority to remove obstructions in floodways and abolishes the associated obstruction permit fee and the Floodway Obstruction Removal Fund. It amends existing laws to remove references to the department's power to order the removal of obstructions and to eliminate the requirement for an application fee for permits related to obstructions or uses in designated floodplains or floodways. The bill also repeals sections of the Montana Code Annotated (MCA) that specifically grant the DNRC powers regarding obstructions and establish the Floodway Obstruction Removal Fund, and it makes changes to how notice is provided to landowners regarding orders affecting their property adjacent to watercourses or drainways, ensuring notice is given at least 10 days before a hearing or the order's effective date.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

Chapter Number Assigned (on 03/18/2011)

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