reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 1. General Provisions › 76-6-102. Intent, findings, and policy

76-6-102. Intent, findings, and policy.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Open-Space Land and Voluntary Conservation Easement Act. It is the legislature's intent that the requirements of this chapter 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) The legislature finds that:
(a) the rapid growth and spread of urban development are creating critical problems of service and finance for the state and local governments;
(b) the present and future rapid population growth in urban areas is creating severe problems of urban and suburban living;
(c) this population spread and its attendant development are disrupting and altering the remaining natural areas, biotic communities, and geological and geographical formations and thereby providing the potential for the destruction of scientific, educational, aesthetic, and ecological values;
(d) the present and future rapid population spread throughout the state of Montana into its open spaces is creating serious problems of lack of open space and overcrowding of the land;
(e) to lessen congestion and to preserve natural, ecological, geographical, and geological elements, the provision and preservation of open-space lands are necessary to secure park, recreational, historic, and scenic areas and to conserve the land, its biotic communities, its natural resources, and its geological and geographical elements in their natural state;
(f) the acquisition or designation of interests and rights in real property by certain qualifying private organizations and by public bodies to provide or preserve open-space land is essential to the solution of these problems, the accomplishment of these purposes, and the health and welfare of the citizens of the state;
(g) the exercise of authority to acquire or designate interests and rights in real property to provide or preserve open-space land and the expenditure of public funds for these purposes would be for a public purpose; and
(h) the statutory provision enabling certain qualifying private organizations to acquire interests and rights in real property to provide or preserve open-space land is in the public interest.
History: En. Sec. 2, Ch. 337, L. 1969; amd. Sec. 2, Ch. 489, L. 1975; R.C.M. 1947, 62-602(part); amd. Sec. 25, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 1. General Provisions › 76-6-103. Purposes

76-6-103. Purposes.
In accordance with the findings in 76-6-102, the legislature states that the purposes of this chapter are to:
(1) authorize and enable public bodies and certain qualifying private organizations voluntarily to provide for the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest;
(2) provide for the preservation of other significant open-space land anywhere in the state either in perpetuity or for a term of years; and
(3) encourage private participation in such a program by establishing the policy to be utilized in determining the property tax to be levied upon the real property which is subject to the provisions of this chapter.
History: En. Sec. 2, Ch. 337, L. 1969; amd. Sec. 2, Ch. 489, L. 1975; R.C.M. 1947, 62-602(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 1. General Provisions › 76-6-104. Definitions

76-6-104. Definitions.
The following terms whenever used or referred to in this chapter shall have the following meanings unless a different meaning is clearly indicated by the context:
(1) "Comprehensive planning" means planning for development and shall include:
(a) preparation of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities, including transportation facilities, together with long-range fiscal plans for such development as a guide for long-range development;
(b) programming and financing plans for capital improvements;
(c) coordination of all related plans and planned activities at both the intragovernmental and intergovernmental levels; and
(d) preparation of regulatory and administrative measures in support of the foregoing.
(2) "Conservation easement" means an easement or restriction, running with the land and assignable, whereby an owner of land voluntarily relinquishes to the holder of such easement or restriction any or all rights to construct improvements upon the land or to substantially alter the natural character of the land or to permit the construction of improvements upon the land or the substantial alteration of the natural character of the land, except as this right is expressly reserved in the instruments evidencing the easement or restriction.
(3) "Open-space land" means any land which is provided or preserved for:
(a) park or recreational purposes;
(b) conservation of land or other natural resources;
(c) historic or scenic purposes; or
(d) assisting in the shaping of the character, direction, and timing of community development.
(4) "Public body" means the state, counties, cities, towns, and other municipalities.
(5) "Qualified private organization" means a private organization:
(a) competent to own interests in real property;
(b) which qualifies and holds a general tax exemption under the federal Internal Revenue Code, section 501(c); and
(c) whose organizational purposes are designed to further the purposes of this chapter.
(6) "Urban area" means any area which is urban in character, including surrounding areas which form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities.
History: En. Sec. 3, Ch. 337, L. 1969; amd. Sec. 3, Ch. 489, L. 1975; R.C.M. 1947, 62-603(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 1. General Provisions › 76-6-105. Construction of chapter

76-6-105. Construction of chapter.
(1) To the extent that the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter are controlling. The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law.
(2) This chapter may not be construed to imply that any easement, covenant, condition, or restriction that does not have the benefit of this chapter is not enforceable based on any provisions of this chapter. This chapter does not diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain pursuant to Title 70, chapter 30, or otherwise and to use land for public purposes.
History: (1)En. Sec. 9, Ch. 337, L. 1969; Sec. 62-609, R.C.M. 1947; (2)En. 62-618 by Sec. 14, Ch. 489, L. 1975; Sec. 62-618, R.C.M. 1947; R.C.M. 1947, 62-609(part), 62-618; amd. Sec. 279, Ch. 42, L. 1997; amd. Sec. 94, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 1. General Provisions › 76-6-106. Acquisition and designation of real property by public body

76-6-106. Acquisition and designation of real property by public body.
To carry out the purposes of this chapter, any public body may:
(1) acquire by purchase, gift, devise, bequest, or grant title to or any interests or rights in real property, including land and water, that will provide a means for the preservation or provision of significant open-space land or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest, or both;
(2) designate any real property, including land and water, in which it has an interest to be retained and used for the preservation and provision of significant open-space land or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interests, or both.
History: En. Sec. 4, Ch. 337, L. 1969; amd. Sec. 4, Ch. 489, L. 1975; R.C.M. 1947, 62-604(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 1. General Provisions › 76-6-107. Conversion or diversion of open-space land

76-6-107. Conversion or diversion of open-space land.
(1) Open-space land, the title to or interest or right in which has been acquired under this chapter, may not be converted or diverted from open-space land use unless the conversion or diversion is:
(a) necessary to the public interest;
(b) not in conflict with the program of comprehensive planning for the area; and
(c) permitted by the conditions imposed at the time of the creation of the conservation easement, in the terms of the acquisition agreement, or by the governing body resolution.
(2) Other real property of at least equal fair market value and of as nearly as feasible equivalent usefulness and location for use as open-space land must be substituted within a reasonable period not exceeding 3 years for any real property converted or diverted from open-space land use. Property substituted is subject to the provisions of this chapter.
History: En. Sec. 5, Ch. 337, L. 1969; amd. Sec. 5, Ch. 489, L. 1975; R.C.M. 1947, 62-605(1); amd. Sec. 1, Ch. 88, L. 2005.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 1. General Provisions › 76-6-108. Conveyance or lease of open-space lands

76-6-108. Conveyance or lease of open-space lands.
A grantee may convey or lease any real property it has acquired or which has been designated for the purposes of this chapter. The conveyance or lease shall be subject to contractual arrangements that will preserve the property as open-space land and which are consistent with the express terms and conditions of the grant unless the property is to be converted or diverted from open-space land use in accordance with the provisions of 76-6-107.
History: En. Sec. 5, Ch. 337, L. 1969; amd. Sec. 5, Ch. 489, L. 1975; R.C.M. 1947, 62-605(2).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 1. General Provisions › 76-6-110. Authorization and funding for planning commission

76-6-110. Authorization and funding for planning commission.
(1) The state, counties, cities, towns, or other municipalities in an urban area, acting jointly or in cooperation, are authorized to perform comprehensive planning for the urban area and to establish and maintain a planning commission for this purpose and related planning activities.
(2) Funds may be appropriated and made available for the comprehensive planning. Financial or other assistance from the federal government and any other public or private sources may be accepted and utilized for the planning.
History: En. Sec. 7, Ch. 337, L. 1969; R.C.M. 1947, 62-607.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-201. Conservation easements in general

76-6-201. Conservation easements in general.
(1) Where a public body acquires under this chapter an interest in land less than fee, this acquisition shall be by conservation easement.
(2) A conservation easement may be applied to urban or nonurban land.
History: En. Secs. 3, 4, Ch. 337, L. 1969; amd. Secs. 3, 4, Ch. 489, L. 1975; R.C.M. 1947, 62-603(part), 62-604(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-202. Duration of conservation easements

76-6-202. Duration of conservation easements.
Conservation easements may be granted either in perpetuity or for a term of years. If granted for a term of years, that term may not be less than 15 years. An easement granted for a term of years may be renewed for a term of 15 or more years upon the execution of a new granting instrument by the parties.
History: En. Sec. 3, Ch. 337, L. 1969; amd. Sec. 3, Ch. 489, L. 1975; R.C.M. 1947, 62-603(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-203. Types of permissible easements

76-6-203. Types of permissible easements.
Easements or restrictions under this chapter may prohibit or limit any or all of the following:
(1) structures--construction or placing of buildings, camping trailers, housetrailers, mobile homes, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;
(2) landfill--dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials;
(3) vegetation--removal or destruction of trees, shrubs, or other vegetation;
(4) loam, gravel, etc.--excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance;
(5) surface use--surface use except for such purposes permitting the land or water area to remain predominantly in its existing condition;
(6) acts detrimental to conservation--activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat and preservation;
(7) subdivision of land--subdivision of land as defined in 76-3-103 and 76-3-104;
(8) other acts--other acts or uses detrimental to such retention of land or water areas in their existing conditions.
History: En. 62-610 by Sec. 7, Ch. 489, L. 1975; R.C.M. 1947, 62-610; amd. Sec. 16, Ch. 266, L. 1979; amd. Sec. 12, Ch. 379, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-204. Acquisition of conservation easements by qualified private organizations

76-6-204. Acquisition of conservation easements by qualified private organizations.
Any qualified private organization may acquire by a conservation easement, by purchase, or by gift, devise, bequest, or grant title to any interest or interests in rights in real property, including land and water, that will provide a means for the preservation or provision of permanent significant open-space land and/or the preservation of native plants or animals, biotic communities, or geological or geographical formations of scientific, aesthetic, or educational interest.
History: En. 62-611 by Sec. 8, Ch. 489, L. 1975; R.C.M. 1947, 62-611.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-205. Assignability of easements

76-6-205. Assignability of easements.
For the purposes of this chapter, all conservation easements shall be assignable unless the instrument of conveyance or ownership expressly stipulates otherwise. No conservation easement shall be unenforceable on account of the benefit being assignable or being assigned to any other government body or private organization unless such assignment has violated the express terms of the instrument of conveyance or ownership. The assignees must be qualified under the terms of this chapter to hold a conservation easement.
History: En. 62-613 by Sec. 10, Ch. 489, L. 1975; R.C.M. 1947, 62-613.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-206. Review by local planning authority

76-6-206. Review by local planning authority.
In order to minimize conflict with local comprehensive planning, all conservation easements shall be subject to review prior to recording by the appropriate local planning authority for the county within which the land lies. It shall be the responsibility of the entity acquiring the conservation easement to present the proposed conveyance of the conservation easement to the appropriate local planning authority. The local planning authority shall have 90 days from receipt of the proposed conveyance within which to review and to comment upon the relationship of the proposed conveyance to comprehensive planning for the area. Such comments will not be binding on the proposed grantor or grantee but shall be merely advisory in nature. The proposed conveyance may be recorded after comments have been received from the local planning authority or the local planning authority has indicated in writing it will have no comments or 90 days have elapsed, whichever occurs first.
History: En. 62-614 by Sec. 11, Ch. 489, L. 1975; R.C.M. 1947, 62-614.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-207. Recording and description of easement

76-6-207. Recording and description of easement.
(1) All conservation easements must be recorded in the county where the land lies so as to effect the land's title in the manner of other conveyances of interest in land and must describe the land subject to the conservation easement by adequate legal description or by reference to a recorded plat showing its boundaries.
(2) (a) The county clerk and recorder shall, upon recording, place a copy of the conservation easement in a separate file within the office of the county clerk and recorder.
(b) The county clerk and recorder shall provide a copy of the conservation easement to the department of revenue office in that county within 30 days of the receipt of the original conservation easement.
History: En. 62-615 by Sec. 12, Ch. 489, L. 1975; R.C.M. 1947, 62-615; amd. Sec. 3, Ch. 352, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-208. Taxation of property subject to conservation easement

76-6-208. Taxation of property subject to conservation easement.
(1) Assessments made for taxation on property subject to a conservation easement either in perpetuity or for a term of years, where a public body or a qualifying private organization holds the conservation easement, shall be determined on the basis of the restricted purposes for which the property may be used. The minimum assessed value for land subject to an easement conveyed under this chapter may not be less than the actual assessed value of such land in calendar year 1973. Any land subject to such easement may not be classified into a class affording a lesser assessed valuation solely by reason of the creation of the easement. The value of the interest held by a public body or qualifying private organization shall be exempt from property taxation.
(2) Expiration of an easement granted for a term of years shall not result in a reassessment of the land for property tax purposes if the easement is renewed and the granting instrument reflecting the renewed easement is executed and properly filed not later than 15 days after the date of expiration.
History: En. Sec. 8, Ch. 337, L. 1969; amd. Sec. 6, Ch. 489, L. 1975; R.C.M. 1947, 62-608.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-209. Easements to run with the land

76-6-209. Easements to run with the land.
The provisions of 70-17-202 and 70-17-203(1) and (2) notwithstanding, for the purposes of this chapter, all conservation easements, whether held by public bodies or qualifying private organizations, shall be considered to run with the land, whether or not such fact is stipulated in the instrument of conveyance or ownership.
History: En. 62-612 by Sec. 9, Ch. 489, L. 1975; R.C.M. 1947, 62-612(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-210. Enforcement

76-6-210. Enforcement.
(1) Conservation easements may be enforced by injunction or proceedings in equity. Representatives of the grantee of the conservation easement shall be entitled to enter the land in a reasonable manner and at reasonable times to assure compliance.
(2) No conservation easement shall be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land or on account of such conservation easement not being an appurtenant easement or because such easement is an easement in gross.
History: En. 62-612, 62-616 by Secs. 9, 13, Ch. 489, L. 1975; R.C.M. 1947, 62-612(part), 62-616.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-211. Who may enforce easement

76-6-211. Who may enforce easement.
(1) The owner of any estate in a dominant tenement or the occupant of such tenement may maintain an action for the enforcement of an easement attached thereto.
(2) Public bodies holding conservation easements shall enforce the provisions of these easements.
History: (1)En. Sec. 1258, Civ. C. 1895; re-en. Sec. 4515, Rev. C. 1907; re-en. Sec. 6757, R.C.M. 1921; Cal. Civ. C. Sec. 809; Field Civ. C. Sec. 253; re-en. Sec. 6757, R.C.M. 1935; Sec. 67-609, R.C.M. 1947; redes. 62-617 by Sec. 15, Ch. 489, L. 1975; Sec. 62-617, R.C.M. 1947; (2)En. Sec. 4, Ch. 337, L. 1969; amd. Sec. 4, Ch. 489, L. 1975; Sec. 62-604, R.C.M. 1947; R.C.M. 1947, 62-604(part), 62-617.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 6. Open Spaces › Part 2. Conservation Easements › 76-6-212. Additional reporting procedures -- coordination of information collection, transfer, and accessibility

76-6-212. Additional reporting procedures -- coordination of information collection, transfer, and accessibility.
(1) A public body or qualified private organization holding a conservation easement before October 1, 2007, shall mail or electronically transfer a copy of that conservation easement to the department of revenue within 6 months of October 1, 2007.
(2) The department of revenue shall review conservation easement agreements collected pursuant to 76-6-207 and subsection (1) of this section and record the:
(a) legal description of the conservation easement as it relates to the established property boundaries identified in the conservation easement agreement;
(b) approximate acreage as identified in the conservation easement agreement;
(c) date of the conservation easement agreement;
(d) book and page or document number as provided for in 7-4-2617; and
(e) name of the conservation easement grantee.
(3) (a) The department of revenue shall transfer conservation easement information collected pursuant to 76-6-207 and subsections (1) and (2) of this section to the state library.
(b) The department of revenue shall coordinate with the state library to develop procedures regarding the collection and transfer of conservation easement information between the two agencies.
(c) The state library shall convert conservation easement information received from the department of revenue to a digital format for land information purposes authorized in Title 90, chapter 1, part 4, that can be accessed through the state library's website.
(d) The state library shall incorporate the conservation easement data into appropriate databases developed or maintained by the Montana natural heritage program for the purposes of Title 90, chapter 15.
History: En. Sec. 5, Ch. 352, L. 2007; amd. Sec. 3, Ch. 175, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 1. General Provisions › 76-7-102. Intent, findings, and purpose

76-7-102. Intent, findings, and purpose.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Environmental Control Easement Act. It is the legislature's intent that the requirements of this chapter 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) The legislature finds that:
(a) numerous sites throughout the state contain or may contain hazardous wastes or substances that may threaten the public health, safety, or welfare or the environment if certain uses are permitted on these sites or if certain activities are not performed on these sites;
(b) at some sites, protection of the public health, safety, or welfare or the environment may be enhanced by the application and enforcement of certain restrictions on the future use of the site or requirements for performance of certain activities;
(c) the creation of an enforceable easement mechanism for imposing restrictions on the use of a site and requiring performance of operations and maintenance activities may help protect the public health, safety, and welfare and the environment by:
(i) preventing or minimizing the exposure of the public to hazardous wastes or substances;
(ii) preventing the disturbance of important features of remediation work and remedial technologies employed at the site;
(iii) ensuring that the presence of hazardous wastes or substances and the features of remediation work and remedial technologies are properly considered in the future use or development of a site; or
(iv) requiring the performance of certain activities or the prohibition or limitation of certain activities, with respect to the site; and
(d) the expenditure of public funds for the acquisition or designation of interests and rights in real property to protect the public health, safety, and welfare and the environment is in the public's interest.
(3) It is the purpose of this chapter to authorize and enable federal public entities, other public bodies, and certain qualifying private organizations to provide for:
(a) the monitoring and protection of environmental control sites to ensure that those sites are not used for purposes that may threaten the public health, safety, or welfare or the environment;
(b) a process of reviewing the need for specialized construction, development, use, and safety measures if the owner or user of an environmental control site proposes a new use for which any contamination might present a risk to the public health, safety, or welfare or the environment; and
(c) a mechanism for prohibiting or limiting certain activities or requiring certain activities on an environmental control site to enhance protection of the public health, safety, or welfare or the environment.
History: En. Sec. 2, Ch. 503, L. 1999; amd. Sec. 26, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 1. General Provisions › 76-7-103. Definitions

76-7-103. Definitions.
As used in this chapter, the following definitions apply:
(1) "Department" means the department of environmental quality provided for in 2-15-3501.
(2) "Environmental control easement" or "easement" means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. The easement may require the relinquishment of some or all rights to use the land or its surface or subsurface or the water in, upon, or under the land to the extent provided in the instrument granting the easement.
(3) "Environmental control site" or "site" means any site, including the surface and subsurface of the land and the surface and subsurface resources in, upon, or under the land, including, without limitation, minerals and water that may contain hazardous wastes or substances or that may require remediation, reclamation, or restoration pursuant to federal, state, or local law or regulation.
(4) "Federal public entity" means the United States of America, the United States environmental protection agency, or any other federal government agency or authority and its successors or assigns.
(5) "Governmental order" means a consent decree, judgment, decision, order, agreement, or other requirement authorized or imposed by or under any federal or state law affecting an environmental control site.
(6) "Hazardous wastes or substances" means those hazardous or toxic substances, wastes, materials, pollutants, or contaminants that are subject to regulation by federal, state, or local environmental protection laws or that are defined pursuant to 75-10-403, 75-10-602, and 75-10-702.
(7) "Public body" means the state, counties, cities, towns, and other municipalities.
(8) "Qualified private organization" means a private organization:
(a) competent to own interests in real property;
(b) that qualifies and holds a general tax exemption under the federal Internal Revenue Code, 26 U.S.C. 501(c); and
(c) whose organizational purposes are designed to further the purposes of this chapter.
History: En. Sec. 3, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 1. General Provisions › 76-7-104. Acquisition of interests in environmental control sites

76-7-104. Acquisition of interests in environmental control sites.
A public body may acquire by grant, title to, interests in, or rights in environmental control sites, including environmental control easements.
History: En. Sec. 4, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 1. General Provisions › 76-7-105. Conversion or diversion of environmental control sites

76-7-105. Conversion or diversion of environmental control sites.
An environmental control site in which an environmental control easement has been granted pursuant to this chapter may not be converted or diverted from purposes specified in the easement instrument or released from any restriction, limitation, or requirement specified in the easement instrument unless the conversion, diversion, or release is:
(1) protective of the public health, safety, and welfare and the environment as determined by the department or the United States environmental protection agency that initially approved the easement;
(2) permitted by the criteria for modification or termination imposed at the time of the creation of the easement; and
(3) approved in writing by the easement holder and any other person named in the easement instrument from whom approval is required.
History: En. Sec. 5, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 1. General Provisions › 76-7-106. Conveyance or lease of environmental control sites

76-7-106. Conveyance or lease of environmental control sites.
(1) A grantee of an environmental control easement acquired under this chapter may not convey or assign any of the easement rights that the grantee has acquired except to a federal public entity, a public body, or a qualified private organization authorized to hold environmental control easements under 76-7-204.
(2) A grantee of a conveyance pursuant to subsection (1) shall assume the responsibility for enforcing the environmental control easement as specified in the easement instrument and in 76-7-211.
History: En. Sec. 6, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 1. General Provisions › 76-7-107. Public body powers

76-7-107. Public body powers.
In connection with environmental control sites acquired or designated as environmental control easements for the purposes of this chapter, a public body may provide, arrange, or contract for the monitoring of the environmental control sites as necessary to ensure that the environmental control sites are being used only for the purposes permitted by the terms of the environmental control easement and are not being used in a manner that is prohibited or restricted by the terms of the environmental control easement.
History: En. Sec. 7, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-201. Creation and approval of environmental control easements

76-7-201. Creation and approval of environmental control easements.
(1) An environmental control easement may be created under this chapter only if the department or the United States environmental protection agency has approved the creation of an environmental control easement at an environmental control site to protect public health, safety, or welfare or the environment.
(2) An owner or an authorized representative of the owner of an environmental control site may apply for approval of a proposed environmental control easement to the department or the United States environmental protection agency.
(3) An owner or an authorized representative of the owner of an environmental control site that applies to the department for approval shall complete an environmental control easement application developed by the department.
(4) Upon receiving a completed application and following public notice, the department shall allow for a 30-day public comment period. Notice of the public comment period shall be published in a newspaper of general circulation in the area of the proposed environmental control easement.
(5) Following the 30-day public comment period, the department shall promptly review the application and either approve the application or provide the applicant with a written statement of the reasons for the department's disapproval.
(6) If the application is disapproved for reasons that may be addressed by modification of the easement instrument or by changes to the proposed transaction, the applicant, in consultation with the department, may modify the proposed environmental control easement or the proposed transaction in a manner necessary to obtain department approval and resubmit the application for the department's approval.
(7) The department's approval must be evidenced by execution of the instrument creating the environmental control easement, the execution of a written statement evidencing the approval in recordable form, or any other method that reasonably substantiates the required approval.
History: En. Sec. 8, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-202. Duration of environmental control easements

76-7-202. Duration of environmental control easements.
An environmental control easement may be granted either in perpetuity or for a term of years. An environmental control easement may not be approved for a term of years unless it includes provisions that ensure that public health, safety, and welfare and the environment are protected beyond the expiration of the easement.
History: En. Sec. 9, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-204. Environmental control easement conveyances

76-7-204. Environmental control easement conveyances.
(1) The designated grantee of an environmental control easement granted under this chapter is one or more of the following entities:
(a) a federal public entity;
(b) the state of Montana, acting by and through the department or any other state agency;
(c) any other public body having jurisdiction over the environmental control site; or
(d) a qualified private organization.
(2) A grantee's acceptance of the easement interest and related obligations must be evidenced by the grantee's execution of the instrument creating the environmental control easement.
(3) Prior to or contemporaneously with the conveyance of an environmental control easement to a designated grantee, the environmental control site owner shall:
(a) obtain documents demonstrating that every person or entity holding an interest in the environmental control site or any part of the site, including without limitation each mortgagee, lienholder, lessee, and encumbrancer, irrevocably subordinates the entity's interest to the environmental control easement;
(b) record the documents required under subsection (3)(a) in the appropriate county; and
(c) submit those documents required under subsection (3)(a) to the designated grantee.
(4) An environmental control easement may not be separated from the land and survives foreclosure of a mortgage, lien, or other encumbrance, as well as tax lien sales and the issuance of a tax deed.
History: En. Sec. 11, Ch. 503, L. 1999; amd. Sec. 108, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-205. Qualified private organizations

76-7-205. Qualified private organizations.
If the grantee or holder of an environmental control easement is a qualified private organization, then the organization has the following additional obligations:
(1) The organization shall provide to the state or federal agency that approved the environmental control easement pursuant to 76-7-201 an annual report on or before April 30 of each year providing a description of actions taken to monitor the environmental control site, the status of compliance with the environmental control easement, and any other information that the state or federal agency may require relating to compliance with the provisions of the environmental control easement.
(2) Within 15 days following the discovery of any material violation of the environmental control easement, the organization shall provide to the state or federal agency that approved the environmental control easement pursuant to 76-7-201 a written report setting forth the nature of the violation, the remedies that the grantee intends to undertake to correct the violation, and any other information that the state or federal agency may request.
(3) The organization shall notify, in writing, the state or federal agency that approved the environmental control easement pursuant to 76-7-201 of the organization's dissolution, the cessation of operations, or the occurrence of any other event that renders the organization incapable of performing its obligations under the terms of the environmental control easement.
History: En. Sec. 12, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-206. Assignability of easements

76-7-206. Assignability of easements.
For the purpose of this chapter, an environmental control easement is assignable unless the instrument of conveyance or ownership expressly provides otherwise. An assignee must be qualified under the terms of this chapter to hold an environmental control easement. If an assignment is made in violation of the provisions of this section or in violation of the express terms of the instrument creating the easement, the assignment is void and the environmental control easement interests and obligations remain with the assignor.
History: En. Sec. 13, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-207. Coordination with local planning authority

76-7-207. Coordination with local planning authority.
(1) In order to minimize conflict with local comprehensive planning, the entity acquiring the environmental control easement shall provide a copy of the easement to the appropriate local planning authority for the county within which the land lies prior to or concurrently with recording.
(2) The requirement in subsection (1) to provide a copy of the environmental control easement to the local planning authority is only for the purposes of informing the authority of the easement.
(3) The failure to provide the environmental control easement to the local planning authority, as required in subsection (1), does not invalidate the easement.
History: En. Sec. 14, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-208. Recording and description of easement

76-7-208. Recording and description of easement.
(1) An environmental control easement must be recorded in the county where the property is located so as to effect the title in the manner of other conveyances of interest in the property and must describe the property subject to that easement by an adequate legal description or by reference to a recorded plat showing the property's boundaries.
(2) The county clerk and recorder shall, upon recording, place a copy of the environmental control easement in a separate file within the office of the county clerk and recorder and shall mail a copy of the easement to the department.
History: En. Sec. 15, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-209. Taxation of property subject to easement

76-7-209. Taxation of property subject to easement.
(1) The value of the interest held by a federal public entity, a public body, or a qualifying private organization is exempt from property taxation.
(2) Expiration of an environmental control easement granted for a term of years may not result in a reassessment of the land for property tax purposes if the easement is renewed and the granting instrument reflecting the renewed easement is executed and properly filed not later than 15 days after the date of expiration.
History: En. Sec. 16, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-210. Easements to run with land

76-7-210. Easements to run with land.
Notwithstanding 70-17-202 and 70-17-203(1) and (2), for the purposes of this chapter, an environmental control easement runs with the land, whether or not this fact is stipulated in the instrument creating the easement, and the easement binds the owner of the land and all successors and assigns.
History: En. Sec. 17, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-211. Easement enforcement

76-7-211. Easement enforcement.
(1) Environmental control easements may be enforced by injunction, specific performance, other proceedings in equity or at law, or any other means specified in the instrument creating the easement. In addition to any right specified in the easement instrument, representatives of the holder of the environmental control easement are entitled to enter the land in a reasonable manner and at reasonable times to ensure compliance with the terms and conditions of the easement and to implement, operate, maintain, and monitor all remedial work and technologies.
(2) An environmental control easement is not unenforceable because of a lack of privity of estate or contract or a lack of benefit to particular land, because the easement is not an appurtenant easement, or because the easement is an easement in gross.
(3) An environmental control easement is enforceable against the owner of the fee and any persons or entities holding or claiming an interest in the property regardless of whether the interest is equal to or less than the whole fee estate.
(4) A delay or failure to enforce in any specific instance any violation of an environmental control easement does not preclude or waive the right to enforce against that violation or any other breach.
(5) The easement holder may waive, in a writing executed by the easement holder, any single violation of the terms of the environmental control easement without waiving any other prior or subsequent violation whether of the same or different nature. The easement holder may remedy a violation without waiving the violation remedied and is entitled to recover from the environmental control site owner all costs, including but not limited to direct and indirect costs of remedying the violation and costs of any other remedies provided by law or in the easement instrument.
(6) A claim or cause of action arising out of or relating to a violation of a term or provision of an environmental control easement must be filed in a court of appropriate jurisdiction within 10 years from the date upon which the party alleging violation of the easement had actual knowledge of the violation.
History: En. Sec. 18, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-212. Who may enforce easement

76-7-212. Who may enforce easement.
(1) The owner of any real property designated as a benefited property in the instrument creating the environmental control easement or the occupant of the benefited real property may maintain an action for enforcement of the easement.
(2) A public body or a qualified private organization holding an environmental control easement shall enforce the provisions of the easement.
(3) A person or entity specifically named as a beneficiary in the instrument creating the environmental control easement may enforce the provisions of the easement to the extent provided in the instrument.
History: En. Sec. 19, Ch. 503, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 7. Environmental Control Easement Act › Part 2. Environmental Control Easements › 76-7-213. Liability

76-7-213. Liability.
(1) The creation and approval of an environmental control easement do not waive or release any statutory liability or other obligation of a person for hazardous wastes or substances at an environmental control site. A federal public entity or public body may enforce any applicable law or obligation without regard to any allocation of liability in an easement instrument and without regard to exhaustion of remedies against any party to an easement instrument.
(2) An owner of a site to which the environmental control easement applies and any lessee or licensee of the land are liable for any violation of the provisions of the easement and are liable for abating the violation and for all damages, costs, and attorney fees arising from or attributable to the violation.
(3) Notwithstanding any other provision of law, the holder or other named beneficiary of an environmental control easement or other person enforcing the easement is not liable for hazardous wastes or substances at the environmental control site or for the release of a hazardous or deleterious substance from a facility at the site based upon its ownership of the easement or based upon its maintenance, monitoring, enforcement, or other actions with respect to the easement.
History: En. Sec. 20, Ch. 503, L. 1999.