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(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.

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