reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 1. Streambeds › 75-7-101. Short title

75-7-101. Short title.
This part may be cited as "The Natural Streambed and Land Preservation Act of 1975".
History: En. 26-1510 by Sec. 1, Ch. 463, L. 1975; R.C.M. 1947, 26-1510.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 1. Streambeds › 75-7-102. Intent -- policy

75-7-102. Intent -- policy.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Natural Streambed and Land Preservation Act of 1975. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) It is the policy of the state of Montana that its natural rivers and streams and the lands and property immediately adjacent to them within the state are to be protected and preserved to be available in their natural or existing state and to prohibit unauthorized projects and, in so doing, to keep soil erosion and sedimentation to a minimum, except as may be necessary and appropriate after due consideration of all factors involved. Further, it is the policy of this state to recognize the needs of irrigation and agricultural use of the rivers and streams of the state of Montana and to protect the use of water for any useful or beneficial purpose as guaranteed by The Constitution of the State of Montana.
History: En. 26-1511 by Sec. 2, Ch. 463, L. 1975; R.C.M. 1947, 26-1511; amd. Sec. 11, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 1. Streambeds › 75-7-103. Definitions

75-7-103. Definitions.
As used in this part, the following definitions apply:
(1) "Applicant" means any person presenting notice of a project to the supervisors.
(2) "Department" means the Montana department of fish, wildlife, and parks.
(3) "District" means:
(a) a conservation district under Title 76, chapter 15, in which the project will take place;
(b) a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or
(c) the board of county commissioners in a county where a district does not exist.
(4) "Person" means any individual, corporation, firm, partnership, association, or other legal entity not covered under 87-5-502.
(5) (a) "Project" means a physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks.
(b) Project does not include:
(i) an activity for which a plan of operation has been submitted to and approved by the district. Any modification to the plan must have prior approval of the district.
(ii) customary and historic maintenance and repair of existing irrigation facilities that do not significantly alter or modify the stream in contravention of 75-7-102; or
(iii) livestock grazing activities.
(6) "Stream" means any natural, perennial-flowing stream or river, its bed, and its immediate banks except a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under 75-7-102.
(7) "Supervisors" means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district.
(8) "Team" means one representative of the supervisors, one representative of the department, and the applicant or the applicant's representative.
(9) "Written consent of the supervisors" means a written decision of the supervisors approving a project and specifying activities authorized to be performed in completing the project.
History: En. 26-1512 by Sec. 3, Ch. 463, L. 1975; R.C.M. 1947, 26-1512; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 551, L. 1987; amd. Sec. 1, Ch. 426, L. 1995; amd. Sec. 1, Ch. 447, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 1. Streambeds › 75-7-104. Vested water rights preserved

75-7-104. Vested water rights preserved.
This part shall not impair, diminish, divest, or control any existing or vested water rights under the laws of the state of Montana or the United States.
History: En. 26-1516 by Sec. 7, Ch. 463, L. 1975; R.C.M. 1947, 26-1516.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 1. Streambeds › 75-7-105. Application of flood plain management

75-7-105. Application of flood plain management.
Approval for proposed projects or alternate plans does not relieve the applicant of the responsibility of complying with Title 76, chapter 5, parts 1 through 4, floodway management and regulation, where designated flood plains or designated floodways have been established in accordance with that chapter.
History: En. 26-1519 by Sec. 10, Ch. 463, L. 1975; R.C.M. 1947, 26-1519.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 2. Lakeshores › 75-7-213. Variance procedure

75-7-213. Variance procedure.
A governing body which proposes to grant a variance from its regulations under this part shall first prepare an environmental impact statement, at the expense of the applicant, which conforms to the requirements of regulations adopted pursuant to this part, distribute this statement to interested residents, and conduct a public hearing on the proposed action.
History: En. 89-3707 by Sec. 7, Ch. 527, L. 1975; R.C.M. 1947, 89-3707.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 2. Lakeshores › 75-7-214. Cooperation between governing bodies

75-7-214. Cooperation between governing bodies.
If a lake, as defined by this part, is located under the jurisdiction of more than one governing body, the governing bodies are empowered and encouraged to enter into agreements to effectuate the purposes of this part and establish compatible criteria for denial or issuance of permits.
History: En. 89-3709 by Sec. 9, Ch. 527, L. 1975; R.C.M. 1947, 89-3709.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 2. Lakeshores › 75-7-215. Judicial enforcement and review

75-7-215. Judicial enforcement and review.
The district court may hear and decide the following cases arising under this part within the district:
(1) a complaint and petition of a governing body or an interested person for an order to restore a lake to its previous condition or to enjoin further work in a lake;
(2) a petition of an interested person for review of a final action of a governing body upon an application for a permit;
(3) a petition of an interested person for review of an action of a governing body in adopting or amending regulations.
History: En. 89-3710 by Sec. 10, Ch. 527, L. 1975; R.C.M. 1947, 89-3710.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 2. Lakeshores › 75-7-216. Penalty

75-7-216. Penalty.
(1) A person who violates an order issued under this part or who knowingly violates a regulation made under this part commits a misdemeanor and on conviction may be sentenced to 30 days in the county jail or fined $500, or both.
(2) Fines collected under this section, except those collected in a justice's court, shall be paid to the general fund of the county where the offense was committed for the purpose of administering this part.
History: En. 89-3711 by Sec. 11, Ch. 527, L. 1975; R.C.M. 1947, 89-3711; amd. Sec. 44, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 2. Lakeshores › 75-7-217. Funding

75-7-217. Funding.
In compliance with 1-2-112, the administration of this part is declared a public purpose of a city or county which may be paid out of permit application fees collected under 75-7-210 and federal revenue sharing moneys.
History: En. 89-3712 by Sec. 12, Ch. 527, L. 1975; R.C.M. 1947, 89-3712.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 3. Flathead Basin Commission(Repealed) › 75-7-301. Repealed

75-7-301. Repealed.
Sec. 9, Ch. 428, L. 2023.
History: En. Sec. 1, Ch. 424, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 3. Flathead Basin Commission(Repealed) › 75-7-302. Repealed

75-7-302. Repealed.
Sec. 9, Ch. 428, L. 2023.
History: En. Sec. 2, Ch. 424, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 3. Flathead Basin Commission(Repealed) › 75-7-303. Repealed

75-7-303. Repealed.
Sec. 9, Ch. 428, L. 2023.
History: En. Sec. 3, Ch. 424, L. 1983; amd. Sec. 2, Ch. 537, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 3. Flathead Basin Commission(Repealed) › 75-7-304. Repealed

75-7-304. Repealed.
Sec. 9, Ch. 428, L. 2023.
History: En. Sec. 7, Ch. 424, L. 1983; amd. Sec. 49, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 3. Flathead Basin Commission(Repealed) › 75-7-305. Repealed

75-7-305. Repealed.
Sec. 9, Ch. 428, L. 2023.
History: En. Sec. 8, Ch. 424, L. 1983; amd. Sec. 1, Ch. 244, L. 1985; amd. Sec. 9, Ch. 628, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 3. Flathead Basin Commission(Repealed) › 75-7-306. Repealed

75-7-306. Repealed.
Sec. 3, Ch. 243, L. 1999.
History: En. Sec. 9, Ch. 424, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 7, Ch. 700, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 3. Flathead Basin Commission(Repealed) › 75-7-307. Repealed

75-7-307. Repealed.
Sec. 9, Ch. 428, L. 2023.
History: En. Sec. 10, Ch. 424, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 3. Flathead Basin Commission(Repealed) › 75-7-308. Repealed

75-7-308. Repealed.
Sec. 9, Ch. 428, L. 2023.
History: En. Sec. 11, Ch. 424, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 4. Phosphorus Compounds -- Model Rule › 75-7-401. Adoption and amendment of model rule on sale and distribution of certain phosphorus compounds

75-7-401. Adoption and amendment of model rule on sale and distribution of certain phosphorus compounds.
(1) The department of environmental quality shall adopt a model rule to provide standards that counties may adopt under 75-7-411 to prohibit the sale and distribution of certain phosphorus compounds used for cleaning.
(2) The standards in the model rule must be designed to protect water quality and aquatic ecosystems by reducing the amount of phosphorus that will enter state waters.
(3) The department may amend the model rule to:
(a) reflect changing technology related to phosphorus compounds in cleaning products;
(b) incorporate new findings about the impacts of phosphorus compounds on water quality; or
(c) respond to other relevant information.
(4) The department shall follow the procedures of Title 2, chapter 4, part 3, in adopting or amending the model rule.
History: En. Sec. 1, Ch. 574, L. 1985; amd. Sec. 190, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 4. Phosphorus Compounds -- Model Rule › 75-7-402. Distribution of model rule

75-7-402. Distribution of model rule.
The department shall send to the governing body of each county a notice of any rulemaking proceeding or hearing under 75-7-401, a copy of the model rule, and a copy of any amendment proposed or adopted.
History: En. Sec. 3, Ch. 574, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 4. Phosphorus Compounds -- Model Rule › 75-7-403. Prohibition of enforcement by department

75-7-403. Prohibition of enforcement by department.
The department may not enforce any standard or provision of the model rule. As provided in 75-7-411, the governing body of a county may adopt and enforce as an ordinance the standards contained in the model rule.
History: En. Sec. 2, Ch. 574, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 4. Phosphorus Compounds -- Model Rule › 75-7-411. County regulation of sale and distribution of certain phosphorus compounds

75-7-411. County regulation of sale and distribution of certain phosphorus compounds.
(1) The governing body of a county may adopt, through the procedures of 7-5-103 through 7-5-107, an ordinance prohibiting the sale and distribution of certain phosphorus compounds used for cleaning purposes. The governing body may rescind, modify, or repeal the ordinance at any time by use of the same procedures.
(2) An ordinance prohibiting the sale and distribution of certain phosphorus compounds used for cleaning purposes may be adopted only if:
(a) the county has a natural lake, whether or not it is fitted with a dam, for which the department of environmental quality or the governing body of the county has determined that eutrophication enhanced by human activity is occurring and that phosphorus is the limiting factor; and
(b) other efforts are being undertaken in the county to reduce the amount of phosphorus entering surface waters.
(3) Any ordinance adopted by the governing body of a county must contain standards designated by the model rule adopted by the department of environmental quality under 75-7-401 and in effect at the time of the adoption of the county ordinance.
(4) Any ordinance adopted by the governing body of a county must be enforced by the county.
(5) The provisions of this part do not apply to counties where the sale of phosphorus-containing household cleaning products is banned pursuant to 75-5-904 and 75-5-905.
History: En. Sec. 4, Ch. 574, L. 1985; amd. Sec. 191, Ch. 418, L. 1995; amd. Sec. 6, Ch. 245, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 7. Aquatic Ecosystem Protections › Part 4. Phosphorus Compounds -- Model Rule › 75-7-412. Penalty

75-7-412. Penalty.
(1) A person involved in the sale or commercial distribution of any phosphorus compound prohibited by an ordinance adopted under 75-7-411 must be notified by the county and must be given 30 days from receipt of such notice to comply with the ordinance. Failure to comply with the ordinance following this 30-day period is a misdemeanor. Each day of violation is a separate offense.
(2) The penalty provided for in subsection (1) applies only to persons engaged in the sale or commercial distribution of prohibited phosphorus compounds. The county may not prosecute or otherwise penalize a person for using a phosphorus compound regulated by an ordinance adopted under 75-7-411.
History: En. Sec. 5, Ch. 574, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 8. Coal-Fired Generating Unit Remediation › Part 1. Coal-Fired Generating Unit Remediation Act › 75-8-101. Short title

75-8-101. Short title.
This part may be cited as the "Coal-Fired Generating Unit Remediation Act".
History: En. Sec. 1, Ch. 320, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 8. Coal-Fired Generating Unit Remediation › Part 1. Coal-Fired Generating Unit Remediation Act › 75-8-102. Findings -- intent

75-8-102. Findings -- intent.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Coal-Fired Generating Unit Remediation Act.
(2) It is the legislature's intent that the requirements of this part ensure that appropriate remedies are in place when a coal-fired generating unit is retired to ensure the protection of the environmental life support systems from degradation and to provide adequate remedies to prevent unreasonable degradation of natural resources.
History: En. Sec. 2, Ch. 320, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 8. Coal-Fired Generating Unit Remediation › Part 1. Coal-Fired Generating Unit Remediation Act › 75-8-104. Integration -- construction in event of conflict

75-8-104. Integration -- construction in event of conflict.
(1) To avoid unnecessary duplication, the department shall integrate the provisions of this part with applicable legal obligations.
(2) If this part or any action taken by the department in accordance with this part conflicts with applicable legal obligations, the applicable legal obligations supersede the provisions of this part.
History: En. Sec. 4, Ch. 320, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 8. Coal-Fired Generating Unit Remediation › Part 1. Coal-Fired Generating Unit Remediation Act › 75-8-105. Remediation plan

75-8-105. Remediation plan.
(1) No later than 3 months after a coal-fired generating unit is retired and no earlier than 5 years prior to a coal-fired generating unit's planned retirement, an owner shall submit a proposed remediation plan that contains:
(a) the name of the operator of the coal-fired generating unit and the names and addresses of all owners of the coal-fired generating unit;
(b) a general overview of the site where the unit is located, the unit itself, and affected property;
(c) the current and reasonably anticipated future uses of affected property; and
(d) remediation information, including:
(i) a list of reports, studies, or other evaluations related to remediation and specific remediation measures already completed or under way pursuant to any applicable legal obligation; and
(ii) the manner in which the remediation measures satisfy the requirements of 75-8-107 and a description of how the owner will comply.
(2) (a) If a coal-fired generating unit has more than one owner, the owners may jointly submit a remediation plan in accordance with this part.
(b) If the owners are unable to submit a joint plan, then each owner of the coal-fired generating unit that is being retired or is retired is responsible for meeting the requirements of this part. If separate plans are filed, the department shall ensure that the plans detail legal obligations. If there is a conflict in the plans, the department shall reconcile the conflict to ensure that the plans are consistent with existing law and legal obligations.
(3) A plan required pursuant to subsection (1) may consist of a plan for more than one unit that is retired at the same time and planned for simultaneous remediation.
(4) The filing of a plan is not a commitment to retire a coal-fired generating unit on any particular date that is not otherwise required by an applicable legal obligation.
History: En. Sec. 5, Ch. 320, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 8. Coal-Fired Generating Unit Remediation › Part 1. Coal-Fired Generating Unit Remediation Act › 75-8-107. Degree of cleanup required -- labor requirements

75-8-107. Degree of cleanup required -- labor requirements.
(1) A remediation plan must demonstrate that it will meet the requirements of subsection (2) and attain a degree of cleanup of the affected property consistent with, but not more stringent than, applicable legal obligations, giving consideration to reasonably anticipated future uses of affected property.
(2) When contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work to implement a remediation plan, an owner shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all remediation. Contracts signed must require contractors and subcontractors to:
(a) pay the standard prevailing rate of wages as defined in 18-2-401 for remediation; and
(b) pay apprentice wage rates, as applicable, in accordance with 39-6-108 for remediation completed by an apprentice employed by a contractor or subcontractor.
History: En. Sec. 7, Ch. 320, L. 2017; amd. Sec. 1, Ch. 262, L. 2019.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 8. Coal-Fired Generating Unit Remediation › Part 1. Coal-Fired Generating Unit Remediation Act › 75-8-108. Remediation plan -- appeal -- venue

75-8-108. Remediation plan -- appeal -- venue.
(1) (a) Subject to subsection (1)(b), an owner or any person whose interests are or may be materially adversely affected by a final decision of the department to approve or modify a remediation plan under this part may file for judicial review of the department's decision. The request for judicial review and a statement of the basis for the review must be filed with the court within 30 days of the department's decision.
(b) In order for a person to file a request for review under subsection (1)(a), a person must have either submitted comments to the department on a remediation plan or submitted comments at a public meeting held in accordance with 75-8-106(5), or the person must be challenging a change made by the department between the draft and final plan.
(2) An owner may appeal the department's decision on a plan by submitting a request for judicial review. The request for judicial review and the statement of the basis for the review must be filed with the court within 30 days of the department's decision.
(3) In considering a request for review under this part, the court shall uphold the decision made by the department unless the objecting person can demonstrate, on the administrative record, that the department's decision was arbitrary and capricious or otherwise not in accordance with the law.
(4) A petition for judicial review under this section must be brought in the first judicial district, Lewis and Clark County.
History: En. Sec. 8, Ch. 320, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 8. Coal-Fired Generating Unit Remediation › Part 1. Coal-Fired Generating Unit Remediation Act › 75-8-109. Enforcement of plan -- penalty

75-8-109. Enforcement of plan -- penalty.
(1) If the department finds that an owner has failed to file a plan or implement an approved plan, it may serve written notice of the violation, by certified mail, on the owner. The notice must specify the provisions of this part and the facts alleged to constitute a violation. The notice must include an order to take necessary corrective action within a reasonable period of time. The time period must be stated in the order. Service by mail is complete on the date of mailing.
(2) The department's order becomes final unless, within 30 days after notice of the department's decision or determination, the owner submits to the department a written request for a hearing specifying the grounds for the appeal.
(3) (a) An action initiated under this section may include an administrative penalty determined by the department for each day of a violation. If an order issued by the department under this section requires the payment of an administrative civil penalty, the department shall state findings and conclusions describing the basis for its penalty assessment.
(b) Administrative penalties collected under this section must be deposited in the environmental quality protection fund established in 75-10-704.
(c) In determining the amount of penalty to be assessed for an alleged violation under this section, the department shall consider the penalty factors in 75-1-1001.
(d) The department may bring a judicial action to enforce a final administrative order issued pursuant to this subsection (3). The action must be filed in the district court of the first judicial district, Lewis and Clark County.
History: En. Sec. 9, Ch. 320, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 8. Coal-Fired Generating Unit Remediation › Part 1. Coal-Fired Generating Unit Remediation Act › 75-8-110. Water feasibility study

75-8-110. Water feasibility study.
(1) On or before November 1, 2022, the owners of a coal-fired generating unit shall complete a water feasibility study in accordance with subsection (2). Costs of completing the study must be shared among the owners based on each owner's individual ownership interest in the coal-fired generating unit.
(2) The study required in subsection (1) must include:
(a) planning to ensure a local government attendant to a coal-fired generating unit is able to access the local government's water rights and related infrastructure in the event of closure of the coal-fired generating unit;
(b) an estimation of potential conveyance costs that could be incurred by a local government, for up to a 30-year timeline following closure of a facility; and
(c) recommendations, developed in consultation with the community attendant to a coal-fired generating unit, for meeting financial obligations necessary to ensure the affected local government is able to maintain its water supply and water rights.
(3) The study must be submitted to the department and included in remediation plans required in accordance with this part.
History: En. Sec. 1, Ch. 441, L. 2021.