Montana Title 76. Land Resources and Use § 76-5-406. Criteria to be considered in connection with variance request

(1) the danger to life and property by water that may be backed up or diverted by the obstruction or use;

(2) the danger that the obstruction or use will be swept downstream to the injury of others;

(3) the availability of alternate locations;

(4) the construction or alteration of the obstruction or use in such a manner as to lessen the danger;

(5) the permanence of the obstruction or use;

(6) the anticipated development in the foreseeable future of the area that may be affected by the obstruction or use; and

(7) other factors in harmony with the purpose of parts 1 through 4 of this chapter.