reglab/housing_qa huggingface dataset:
MT Code § 75-7-106 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-106. Junked motor vehicles as reinforcement prohibited -- penalty

  75-7-106. Junked motor vehicles as reinforcement prohibited -- penalty. (1) It is unlawful to place junked motor vehicles or the body portion of junked motor vehicles between the channel banks of any stream or to reinforce banks of a stream with junked motor vehicles or the body portion of junked motor vehicles.   (2) A person who violates subsection (1) is subject to penalties as provided in 75-7-123.   History: (1)En. 69-6811 by Sec. 1, Ch. 112, L. 1975; amd. Sec. 19, Ch. 140, L. 1977; Sec. 69-6811, R.C.M. 1947; (2), (3)En. 69-6812 by Sec. 2, Ch. 112, L. 1975; amd. Sec. 8, Ch. 252, L. 1977; Sec. 69-6812, R.C.M. 1947; R.C.M. 1947, 69-6811, 69-6812(part); amd. Sec. 2, Ch. 426, L. 1995.
MT Code § 75-7-107 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-107. through 75-7-110 reserved

  75-7-107 through 75-7-110 reserved.
MT Code § 75-7-111 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-111. Notice of project

  75-7-111. Notice of project. (1) A person planning to engage in a project shall present written notice of the proposed project to the supervisors before any portion of the project takes place.   (2) The notice must include the location, general description, and preliminary plan of the project.   (3) At the time of filing a notice of the proposed project under subsection (1), the applicant may sign an arbitration agreement as provided in 75-7-117.   (4) The district may authorize a representative to accept notices of proposed projects.   History: En. 26-1513 by Sec. 4, Ch. 463, L. 1975; R.C.M. 1947, 26-1513; amd. Sec. 3, Ch. 426, L. 1995; amd. Sec. 1, Ch. 581, L. 2003.
MT Code § 75-7-114 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-114. Arbitration panel -- selection

  75-7-114. Arbitration panel -- selection. The arbitration panel shall consist of three members chosen by the senior judge of the judicial district in which the dispute takes place. The members must be residents of that judicial district at the time of selection. This panel shall sit for only that period of time necessary to settle the dispute before it and will review the proposed project in line with the arbitration agreement and the policy set forth in 75-7-102.   History: En. 26-1515 by Sec. 6, Ch. 463, L. 1975; R.C.M. 1947, 26-1515(1); amd. Sec. 6, Ch. 426, L. 1995.
MT Code § 75-7-115 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-115. Arbitration panel -- costs

  75-7-115. Arbitration panel -- costs. Cost of the arbitration panel, computed as for jurors' fees under 3-15-201, shall be borne by the contesting party or parties; all other parties shall bear their own costs.   History: En. 26-1515 by Sec. 6, Ch. 463, L. 1975; R.C.M. 1947, 26-1515(2).
MT Code § 75-7-116 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-116. Modification of plan -- assignment of costs

  75-7-116. Modification of plan -- assignment of costs. (1) If the final decision of the arbitration panel or district court requires modifications or alterations from the original project plan as approved by the supervisors, then the arbitration panel or district court shall include in its decision any part or percent of these modifications or alterations that is for the direct benefit of the public and it shall assign any costs to the proper participant.   (2) Any of the involved entities may withdraw or modify required modification of the project within 10 days after the decision.   History: En. 26-1518 by Sec. 9, Ch. 463, L. 1975; R.C.M. 1947, 26-1518; amd. Sec. 4, Ch. 581, L. 2003.
MT Code § 75-7-117 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-117. Rules -- minimum standards -- arbitration agreement

  75-7-117. Rules -- minimum standards -- arbitration agreement. (1) The department of natural resources and conservation, after consultation with the association of conservation districts, shall adopt and may revise rules setting minimum standards and guidelines for the purposes of this part.   (2) The supervisors of each district shall adopt and may revise by resolution after a public hearing rules setting standards and guidelines for projects and exclusions within their districts that meet, exceed, or are not covered by the minimum standards set by the department under subsection (1).   (3) The department of natural resources and conservation, after consultation with the association of conservation districts, shall prepare an arbitration agreement for use by the conservation districts when an applicant chooses to use arbitration. The arbitration agreement must contain provisions for:   (a) the appointment of arbitrators;   (b) the exercise of power by the arbitrators;   (c) an arbitration hearing process, including time and place for hearing, notification, presentation of witnesses and evidence, cross-examination, subpoenas, depositions, and the issuance of the award or change of award; and   (d) the fees and expenses of arbitration.   History: En. 26-1520 by Sec. 11, Ch. 463, L. 1975; R.C.M. 1947, 26-1520; amd. Sec. 2, Ch. 551, L. 1987; amd. Sec. 189, Ch. 418, L. 1995; amd. Sec. 7, Ch. 426, L. 1995; amd. Sec. 5, Ch. 581, L. 2003.
MT Code § 75-7-118 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-118. through 75-7-120 reserved

  75-7-118 through 75-7-120 reserved.
MT Code § 75-7-121 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-121. Review

  75-7-121. Review. (1) Any review of final action by the supervisors under 75-7-112 or 75-7-113 may be by arbitration or by the district court of the county where the project is located. Judicial review of an arbitration action is under the provisions of Title 27, chapter 5, part 3, and must be brought in the county where the action is proposed to occur.   (2) An applicant's choice of the judicial review remedy prevails over any other team member's request for arbitration regardless of whether arbitration was requested prior to the filing of a petition for judicial review by the applicant.   History: En. 26-1521 by Sec. 12, Ch. 463, L. 1975; R.C.M. 1947, 26-1521; amd. Sec. 8, Ch. 426, L. 1995; amd. Sec. 12, Ch. 361, L. 2003; amd. Sec. 6, Ch. 581, L. 2003.
MT Code § 75-7-122 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-122. Public nuisance

  75-7-122. Public nuisance. Except for emergency action, a project engaged in by any person without prior approval or activities performed outside the scope of written consent of the supervisors, as prescribed in this chapter, is declared a public nuisance and subject to proceedings for immediate abatement.   History: En. 26-1522 by Sec. 13, Ch. 463, L. 1975; R.C.M. 1947, 26-1522; amd. Sec. 9, Ch. 426, L. 1995.
MT Code § 75-7-123 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-123. Penalties -- restoration

  75-7-123. Penalties -- restoration. (1) A person who initiates a project without written consent of the supervisors, performs activities outside the scope of written consent of the supervisors, violates emergency procedures provided for in 75-7-113, or violates 75-7-106 is:  (a) guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500; or   (b) subject to a civil penalty not to exceed $500 for each day that person continues to be in violation.   (2) Each day of a continuing violation constitutes a separate violation. The maximum civil penalty is the jurisdictional amount for purposes of 3-10-301. A conservation district may work with a person who is subject to a civil penalty to resolve the amount of the penalty prior to initiating an enforcement action in justice's court to collect a civil penalty.   (3) In addition to a fine or a civil penalty under subsection (1), the person:   (a) shall restore, at the discretion of the court, the damaged stream, as recommended by the supervisors, to as near its prior condition as possible; or   (b) is civilly liable for the amount necessary to restore the stream. The amount of the liability may be collected in an action instituted pursuant to 3-10-301 if the amount of liability does not exceed $15,000. If the amount of liability for restoration exceeds $15,000, then the action must be brought in district court.   (4) Money recovered by a conservation district or a county attorney, whether as a fine or a civil penalty, must be deposited in the depository of district funds provided for in 76-15-523, unless upon order of a justice's court the money is directed to be deposited pursuant to 3-10-601.   History: En. 26-1523 by Sec. 14, Ch. 463, L. 1975; R.C.M. 1947, 26-1523(1); amd. Sec. 1, Ch. 255, L. 1993; amd. Sec. 10, Ch. 426, L. 1995; amd. Sec. 3, Ch. 470, L. 2003; amd. Sec. 8, Ch. 284, L. 2011; amd. Sec. 2, Ch. 331, L. 2021.
MT Code § 75-7-124 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-124. Repealed

  75-7-124. Repealed. Sec. 4, Ch. 470, L. 2003.   History: En. 26-1523 by Sec. 14, Ch. 463, L. 1975; R.C.M. 1947, 26-1523(2).
MT Code § 75-7-125 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 1. Streambeds|75-7-125. Jurisdiction -- declaratory ruling -- standards -- judicial review

  75-7-125. Jurisdiction -- declaratory ruling -- standards -- judicial review. (1) (a) The supervisors shall determine the applicability, interpretation, or implementation of any statutory provision or any rule or written consent of the supervisors under this part.   (b) The supervisors' determination pursuant to subsection (1)(a) must be made, in accordance with rules established under 75-7-117, prior to the filing of a petition under subsection (2).   (2) (a) A person who may be directly affected by the applicability, interpretation, or implementation of this part and who disagrees with a determination made under subsection (1) may petition the supervisors for a declaratory ruling.   (b) If the issue raised in the petition for a declaratory ruling is of significant interest to the public, the supervisors shall provide a reasonable opportunity for interested persons and the petitioner to submit data, information, or arguments, orally or in written form, prior to making a ruling.   (c) If the issue raised in the petition for a declaratory ruling is not of significant interest to the public, the supervisors shall provide a reasonable opportunity for the petitioner to submit data, information, or arguments, orally or in written form, prior to making a ruling.   (d) Data and information may be submitted at a hearing before the supervisors. Data and information submitted to the supervisors outside of the hearing process must be made available for public review prior to the hearing being conducted before the supervisors.   (3) A proceeding held under this section is not a contested case proceeding. A declaratory ruling under this section is not subject to the provisions of the Montana Administrative Procedure Act.   (4) A declaratory ruling is subject to judicial review. Judicial review must be conducted by a court without a jury and is limited to the data, information, and arguments made before the supervisors. A court may reverse or modify the supervisors' ruling if substantial rights of the appellant have been prejudiced because the ruling is:   (a) in violation of constitutional or statutory provisions;   (b) in excess of the statutory authority of the supervisors;   (c) affected by error of law; or   (d) arbitrary or capricious, characterized by abuse of discretion, or a clearly unwarranted exercise of discretion.   (5) A final judgment of a district court under this section may be appealed in the same manner as provided in 2-4-711.   (6) This section may not be interpreted or construed to allow a person to petition for a declaratory ruling under this section for an administrative review of a decision of the supervisors under 75-7-112 or 75-7-113 granting, denying, or conditioning a written consent. Review of a final action by the supervisors pursuant to 75-7-112 or 75-7-113 is exclusively provided for in 75-7-121.   History: En. Sec. 1, Ch. 288, L. 2003.
MT Code § 75-7-201 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-201. Policy

  75-7-201. Policy. The legislature finds and declares that the natural lakes of Montana are high in scenic and resource values and that the conservation and protection of these lakes is important to the continued value of lakeshore property as well as to the state's residents and visitors who use and enjoy the lakes. The legislature further declares that local governments should play the primary public roles in establishing policies to conserve and protect lakes. Local governments do not have adequate statutory powers to protect their lake areas, and it is the purpose of this part to confer such powers on local governments, provided that such powers are exercised to maintain public health, welfare, and safety.   History: En. 89-3701 by Sec. 1, Ch. 527, L. 1975; R.C.M. 1947, 89-3701.
MT Code § 75-7-202 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-202. Definitions

  75-7-202. Definitions. As used in this part, the following definitions apply:   (1) "Lake" means a body of standing water and the area within its lakeshore occurring naturally rather than by virtue of constructed impoundments (although a natural lake whose level is raised and whose area is increased by the construction of impoundments includes the additional level and area), having a water surface area of at least 160 acres for at least 6 months in a year of average precipitation as such averages are determined by the United States geological survey, not used exclusively for agricultural purposes, and navigable by canoes and small boats.   (2) "Lakeshore" is the perimeter of a lake when the lake is at mean annual high-water elevation, including the land within 20 horizontal feet from that high-water elevation.   (3) "Local governing body" or "governing body" is that unit of local government authorized to administer the Montana Subdivision and Platting Act on the land adjoining a lake or part of a lake subject to this part.   (4) "Mean annual high-water elevation" is the mean average of the highest elevation of a lake in each of at least 5 consecutive years, excluding any high levels caused by erratic or unusual weather or hydrological conditions. A highest elevation caused by operation of a dam or other impoundment counts toward the establishment of the mean annual high-water elevation.   History: En. 89-3702 by Sec. 2, Ch. 527, L. 1975; R.C.M. 1947, 89-3702(part).
MT Code § 75-7-203 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-203. Change in definition of lake by local government

  75-7-203. Change in definition of lake by local government. A local governing body may by resolution change the minimum size in the definition of a lake so that this part may apply to natural lakes in the county no smaller than 20 acres in water surface area.   History: En. 89-3702 by Sec. 2, Ch. 527, L. 1975; R.C.M. 1947, 89-3702(part).
MT Code § 75-7-204 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-204. Work for which permit required

  75-7-204. Work for which permit required. (1) A person who proposes to do any work that will alter or diminish the course, current, or cross-sectional area of a lake or its lakeshore must first secure a permit for the work from the local governing body.   (2) Without limitation, the following activities, when conducted below mean annual high-water elevation, are examples of work for which a permit is required: construction of channels and ditches; dredging of lake bottom areas to remove muck, silt, or weeds; lagooning, meaning the placement of a narrow strip of land across a portion of a lake to create a lagoon; filling; constructing breakwaters of pilings; constructing wharves and docks.   History: En. 89-3703 by Sec. 3, Ch. 527, L. 1975; R.C.M. 1947, 89-3703; amd. Sec. 8, Ch. 68, L. 1979.
MT Code § 75-7-205 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-205. Unauthorized work

  75-7-205. Unauthorized work. A person who performs work in a lake without a permit for that work shall, if required by the local governing body or the district court, restore the lake to its condition before the person disturbed it.   History: En. 89-3708 by Sec. 8, Ch. 527, L. 1975; R.C.M. 1947, 89-3708(1); amd. Sec. 2498, Ch. 56, L. 2009.
MT Code § 75-7-206 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-206. Nature of property rights under part

  75-7-206. Nature of property rights under part. Work or development authorized or approved under this part shall not create a vested property right in the permitted development other than in the physical structure, if any, so developed.   History: En. 89-3708 by Sec. 8, Ch. 527, L. 1975; R.C.M. 1947, 89-3708(2).
MT Code § 75-7-207 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-207. Regulations for issuance of permits

  75-7-207. Regulations for issuance of permits. (1) Before January 1, 1976, every governing body having jurisdiction over an area containing a lake shall adopt regulations in the form of criteria for the issuance or denial of permits for work in lakes.   (2) Where a planning board has been created under 76-1-104 for an area containing a lake, the governing body shall seek the recommendations of the planning board as to the regulations to be adopted under this part.   (3) The local governing body may provide a summary procedure to permit work which it finds has a minimal or insignificant impact on a lakeshore.   (4) A governing body whose area contains more than one lake may adopt regulations in differing form for the various lakes, recognizing the physical and social differences between lakes.   (5) The requirements of 75-7-208 are minimum requirements and do not restrict a local governing body from adopting such stricter or additional regulations as may be authorized by other statutes.   History: En. 89-3704 by Sec. 4, Ch. 527, L. 1975; R.C.M. 1947, 89-3704(1), (3) thru (5).
MT Code § 75-7-208 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-208. Factors favoring issuance of permit

  75-7-208. Factors favoring issuance of permit. The regulations shall favor issuance if the proposed work will not during either its construction or its utilization:   (1) materially diminish water quality;   (2) materially diminish habitat for fish or wildlife;   (3) interfere with navigation or other lawful recreation;   (4) create a public nuisance; or   (5) create a visual impact discordant with natural scenic values, as determined by the local governing body, where such values form the predominant landscape elements.   History: En. 89-3704 by Sec. 4, Ch. 527, L. 1975; R.C.M. 1947, 89-3704(2).
MT Code § 75-7-209 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-209. Regulations for particular lake

  75-7-209. Regulations for particular lake. Upon petition of five owners or 30% of the owners of land abutting a lake, whichever is smaller, the department of natural resources and conservation may adopt regulations under 75-7-207 and 75-7-208 for the particular lake. The department may then exercise the powers conferred upon a local governing body by this part until the governing body adopts the necessary regulations.   History: En. 89-3704 by Sec. 4, Ch. 527, L. 1975; R.C.M. 1947, 89-3704(6).
MT Code § 75-7-210 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-210. Application for permit -- fee

  75-7-210. Application for permit -- fee. (1) A person seeking a permit for work in a lake or on a lakeshore shall apply to the local governing body and shall pay a permit fee established by the governing body under subsection (2).   (2) The local governing body shall establish a permit fee as provided in subsection (1). The permit fee must be commensurate with the cost of administering the permit application. Factors the local governing body shall consider when establishing the fee include but are not limited to:   (a) the annual estimated total number of permit requests;   (b) the complexity of the specific project;   (c) the need for and location and number of onsite investigations; and   (d) the estimated cost of the specific project.   History: En. 89-3705 by Sec. 5, Ch. 527, L. 1975; R.C.M. 1947, 89-3705(part); amd. Sec. 1, Ch. 648, L. 1991; amd. Sec. 1, Ch. 40, L. 2001.
MT Code § 75-7-211 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-211. Consultation with local planning board

  75-7-211. Consultation with local planning board. (1) Where a planning board has been created under 76-1-104 for the area containing the lake in question, the governing body shall seek the recommendation of the planning board as to the compliance of the proposed work with the criteria for the issuance of a permit. The planning board shall report its recommendations to the governing body as to whether the proposed work conforms to the criteria for issuance of a permit and may require the applicant to submit additional information before the board reports its recommendations.   (2) In areas where a planning board is not established, the functions of a planning board under this section shall be exercised by the local governing body.   History: En. 89-3705 by Sec. 5, Ch. 527, L. 1975; R.C.M. 1947, 89-3705(part).
MT Code § 75-7-212 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-212. Issuance of permit

  75-7-212. Issuance of permit. (1) Unless the applicant agrees to an extension of time, the governing body shall grant or deny permission for the work within 90 days of receiving an application for a permit.   (2) If the governing body finds that the proposed work conforms to the criteria for issuing a permit, it shall issue a permit or conditional permit.   (3) If the governing body finds that the work does not conform to the criteria, it shall deny the application.   History: En. 89-3706 by Sec. 6, Ch. 527, L. 1975; R.C.M. 1947, 89-3706.