reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.1 - Procedural Rules › Rule 18.2.102 - CONTESTED CASES, HEARING

Current through Register Vol. 13, July 5, 2024
(1) The contested
				case hearing shall be conducted before the decision-making authority of the
				agency or a hearing officer designated in accordance with ARM
				1.3.218.
(2) The presiding officer must ensure that
				all parties are afforded an opportunity to respond and present evidence and
				argument on all issues involved.
(3) The hearing must be recorded on an
				electronic sound recorder (tape recorder, digital sound recorder, or other
				electronic sound recorder) unless either party demands a stenographic record.
				The cost of a stenographic record must be paid by the requesting
				party.
(4) Absent a determination
				by the presiding officer that the interests of justice require otherwise, the
				order of hearing is as follows:
(a) any
				opening statements requested or allowed by the presiding officer;
(b) presentation of evidence by the party
				asserting a claim for relief (the challenging party);
(c) cross examination by the opposing
				party;
(d) presentation of evidence
				by the opposing party;
(e) cross
				examination by the challenging party; and
(f) rebuttal testimony.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.1 - Procedural Rules › Rule 18.2.103 - CONTESTED CASES, RECORD

Current through Register Vol. 13, July 5, 2024
(1) The record in a
				contested case must include:
(a) all
				pleadings, motions, and rulings;
(b) all evidence, either written or oral,
				received, or considered by the presiding officer;
(c) a statement of matters officially
				noticed;
(d) questions and offers
				of proof, objections, and rulings on objections;
(e) proposed findings of fact and conclusions
				of law, supporting briefs and exceptions; and
(f) any decision, opinion, or report by the
				presiding officer which must be in writing.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.1 - Procedural Rules › Rule 18.2.104 - GENERAL RULES, REPRESENTATION

Current through Register Vol. 13, July 5, 2024
(1) A person
				appearing before the agency has the right to be accompanied, represented, and
				advised by a licensed attorney. The agency shall advise a party to a contested
				case of the right to legal counsel.
(2) A corporation, partnership, limited
				liability company, limited liability partnership, cooperative, unincorporated
				association, estate, or trust appearing before an agency is considered a
				separate legal entity and may not appear on its own behalf through an agent
				other than a licensed attorney.
(3)
				A person appearing before an agency may proceed pro se, but may not appear
				through an agent other than a licensed attorney.
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.1 - Procedural Rules › Rule 18.2.105 - MOTIONS FOR SUMMARY JUDGMENT

Current through Register Vol. 13, July 5, 2024
(1) Any party
				may move, with or without supporting affidavits, for summary judgment in the
				party's favor upon all or some of the contested issues in any proceeding that
				comes before the department. A motion for summary judgment may be granted if
				the motion, affidavits, and other documentation show that there is no genuine
				issue as to any material fact and one party is entitled to a favorable decision
				as a matter of law.
(2) A party is
				entitled to a hearing on a motion for summary judgment.
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.1 - Procedural Rules › Rule 18.2.106 - TIME COMPUTATION

Current through Register Vol. 13, July 5, 2024
(1) Time
				computation shall be governed by Rule 6(a) and 6(e), Mont. R. Civ. P.
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.1 - Procedural Rules › Rule 18.2.107 - INFORMAL DISPOSITION OBJECTIONS, PETITION FOR JUDICIAL REVIEW

Current through Register Vol. 13, July 5, 2024
(1) A party to an informal proceeding who is
				dissatisfied with a proposed decision may file written objections but is not
				entitled to oral argument before the agency decision maker. Written objections
				must be filed within ten days of receipt of the proposed decision.
(2) A party who is dissatisfied with an
				informal agency decision may petition the district court as provided in
				2-4-701, et seq., MCA.
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.1 - Procedural Rules › Rule 18.2.113 - EMPLOYEE GRIEVANCE PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The
				Department of Transportation adopts and incorporates by reference the
				Department of Administration's employee grievance procedural rules ARM
				2.21.8010 through
				2.21.8030.
(2) Department of Transportation employees
				who have attained permanent status may file a grievance only as provided in ARM
				2.21.8010 through
				2.21.8030 unless the
				employee is covered by an exclusive grievance procedure provided under a
				collective bargaining agreement or a statutory grievance procedure.
(3) A copy of the Department of
				Administration's employee grievance procedural rules may be obtained on the
				Department of Transportation website at
www.mdt.mt.gov
.
AUTH:
					 2-18-102,
					 MCA; IMP:
					 2-18-102,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.201 - POLICY STATEMENT CONCERNING MEPA RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202, MCA; IMP,
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.202 - DEFINITION OF MEPA TERMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202, MCA; IMP,
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.203 - DETERMINATION OF PRELIMINARY ENVIRONMENTAL REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202, MCA; IMP,
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.204 - PREPARATION OF PRELIMINARY ENVIRONMENTAL REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202, MCA; IMP,
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.221 - DRAFT ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202, MCA; IMP,
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.222 - FINAL ENVIRONMENTAL STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.223 - TIMING OF ENVIRONMENTAL IMPACT STATEMENTS-COMMENTS AND RESPONSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.224 - COMMENTS ON ENVIRONMENTAL IMPACT STATEMENTS ARE PUBLIC DOCUMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.225 - LEAD AGENCY STATUS WHERE TWO OR MORE AGENCIES ARE INVOLVED IN SIMILAR ACTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.226 - JOINT ENVIRONMENTAL IMPACT STATEMENTS BY TWO OR MORE AGENCIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.227 - REFERENCE TO EXISTING ENVIRONMENTAL IMPACT STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.228 - SUBSTITUTION OF NEPA ENVIRONMENTAL IMPACT STATEMENT FOR MEPA ENVIRONMENTAL IMPACT STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.229 - CONFLICTS PREVENTING COMPLIANCE WITH RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.230 - EMERGENCY SITUATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.231 - PUBLIC HEARINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.232 - FEES - ENVIRONMENTAL IMPACT STATEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-202,
					 2-4-103,
					 2-4-201 and
					 2-4-202 MCA; IMP, Sec.
					 75-1-202,
					 2-4-103,
					 2-4-201 and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.233 - PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.234 - RETROACTIVE APPLICATION OF THE MEPA RULES - WHERE PROHIBITED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202 MCA; IMP, Sec.
					 75-1-201,
					 2-4-103,
					 2-4-201, and
					 2-4-202
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.235 - POLICY STATEMENT CONCERNING MEPA RULES

Current through Register Vol. 13, July 5, 2024
The purpose of ARM
				  18.2.235 through
				  18.2.260 is to implement Title 75,
				  chapter 1, MCA, the Montana Environmental Policy Act (MEPA), through the
				  establishment of administrative procedures. MEPA requires that state agencies
				  comply with its terms "to the fullest extent possible." In order to fulfill the
				  stated policy of that act, the agency shall conform to the following rules
				  prior to reaching a final decision on proposed actions covered by
				  MEPA.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.236 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Action" means a project, program or
				activity directly undertaken by the agency; a project or activity supported
				through a contract, grant, subsidy, loan or other form of funding assistance
				from the agency, either singly or in combination with one or more other state
				agencies; or a project or activity involving the issuance of a lease, permit,
				license, certificate, or other entitlement for use or permission to act by the
				agency, either singly or in combination with other state agencies.
(2)
(a)
				"Alternative" means:
(i) an alternate
				approach or course of action that would appreciably accomplish the same
				objectives or results as the proposed action;
(ii) design parameters, mitigation, or
				controls other than those incorporated into a proposed action by an applicant
				or by an agency prior to preparation of an EA or draft EIS;
(iii) no action or denial; and
(iv) for agency-initiated actions, a
				different program or series of activities that would accomplish other
				objectives or a different use of resources than the proposed program or series
				of activities.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.237 - GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS

Current through Register Vol. 13, July 5, 2024
Section
				  75-1-201 requires state agencies
				  to integrate use of the natural and social sciences and the environmental
				  design arts in planning and in decision-making, and to prepare a detailed
				  statement (an EIS) on each proposal for projects, programs, legislation, and
				  other major actions of state government significantly affecting the quality of
				  the human environment. In order to determine the level of environmental review
				  for each proposed action that is necessary to comply with
				  75-1-201, MCA, the agency shall
				  apply the following criteria:
(1) The
				agency shall prepare an EIS as follows:
(a)
				whenever an EA indicates that an EIS is necessary; or
(b) whenever, based on the criteria in ARM
				18.2.238, the proposed action is a
				major action of state government significantly affecting the quality of the
				human environment.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.238 - DETERMINING THE SIGNIFICANCE OF IMPACTS

Current through Register Vol. 13, July 5, 2024
(1) In
				order to implement
				75-1-201, MCA, the agency shall
				determine the significance of impacts associated with a proposed action. This
				determination is the basis of the agency's decision concerning the need to
				prepare an EIS and also refers to the agency's evaluation of individual and
				cumulative impacts in either EAs or EISs. The agency shall consider the
				following criteria in determining the significance of each impact on the
				quality of the human environment:
(a) the
				severity, duration, geographic extent, and frequency of occurrence of the
				impact;
(b) the probability that
				the impact will occur if the proposed action occurs; or conversely, reasonable
				assurance in keeping with the potential severity of an impact that the impact
				will not occur;
(c) growth-inducing
				or growth-inhibiting aspects of the impact, including the relationship or
				contribution of the impact to cumulative impacts;
(d) the quantity and quality of each
				environmental resource or value that would be affected, including the
				uniqueness and fragility of those resources or values;
(e) the importance to the state and to
				society of each environmental resource or value that would be
				affected;
(f) any precedent that
				would be set as a result of an impact of the proposed action that would commit
				the department to future actions with significant impacts or a decision in
				principle about such future actions; and
(g) potential conflict with local, state, or
				federal laws, requirements, or formal plans.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.239 - PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall prepare an EA,
				regardless of its length or the depth of analysis, in a manner which utilizes
				an interdisciplinary approach. The agency may initiate a process to determine
				the scope of issues to be addressed in an EA. Whenever the agency elects to
				initiate this process, it shall follow the procedures contained in ARM
				18.2.241.
(2) For a routine action with limited
				environmental impact, the contents of an EA may be reflected on a standard
				checklist format. At the other extreme, whenever an action is one that might
				normally require an EIS, but effects that otherwise might be deemed significant
				are mitigated in project design or by controls imposed by the agency, the
				analysis, format, and content must all be more substantial. The agency shall
				prepare the evaluations and present the information described in section (3) as
				applicable and in a level of detail appropriate to the following
				considerations:
(a) the complexity of the
				proposed action;
(b) the
				environmental sensitivity of the area affected by the proposed
				action;
(c) the degree of
				uncertainty that the proposed action will have a significant impact on the
				quality of the human environment;
(d) the need for and complexity of mitigation
				required to avoid the presence of significant impacts.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.240 - PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The level of analysis in an EA will vary with the complexity and seriousness of
				environmental issues associated with a proposed action. The level of public
				interest will also vary. The agency is responsible for adjusting public review
				to match these factors.
(2) An EA
				is a public document and may be inspected upon request. Any person may obtain a
				copy of an EA by making a request to the agency. If the document is
				out-of-print, a copying charge may be levied.
(3) The agency is responsible for providing
				additional opportunities for public review consistent with the seriousness and
				complexity of the environmental issues associated with a proposed action and
				the level of public interest. Methods of accomplishing public review include
				publishing a news release or legal notice to announce the availability of an
				EA, summarizing its content and soliciting public comment; holding public
				meetings or hearings; maintaining mailing lists of persons interested in a
				particular action or type of action and notifying them of the availability of
				EAs on such actions; and distributing copies of EAs for review and
				comment.
(4) For an action with
				limited environmental impact and little public interest, no further public
				review may be warranted. However, where an action is one that normally requires
				an EIS, but effects that otherwise might be deemed significant are mitigated in
				the project proposal or by controls imposed by the agency, public involvement
				must include the opportunity for public comment, a public meeting or hearing,
				and adequate notice. The agency is responsible for determining appropriate
				methods to ensure adequate public review on a case by case basis.
(5) The agency shall maintain a log of all
				EAs completed by the agency and shall submit a list of any new EAs completed to
				the office of the governor and the environmental quality council on a quarterly
				basis. In addition, the agency shall submit a copy of each completed EA to the
				EQC.
(6) The agency shall consider
				the substantive comments received in response to an EA and proceed in
				accordance with one of the following steps, as appropriate:
(a) determine that an EIS is
				necessary;
(b) determine that the
				EA did not adequately reflect the issues raised by the proposed action and
				issue a revised document; or
(c)
				determine that an EIS is not necessary and make a final decision on the
				proposed action, with appropriate modification resulting from the analysis in
				the EA and analysis of public comment.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.241 - DETERMINING THE SCOPE OF AN EIS

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				the preparation of an EIS, the agency shall initiate a process to determine the
				scope of the EIS.
(2) To identify
				the scope of an EIS, the agency shall:
(a)
				invite the participation of affected federal, state, and local government
				agencies, Indian tribes, the applicant, if any, and interested persons or
				groups;
(b) identify the issues
				related to the proposed action that are likely to involve significant impacts
				and that will be analyzed in depth in the EIS;
(c) identify the issues that are not likely
				to involve significant impacts, thereby indicating that unless unanticipated
				effects are discovered during the preparation of the EIS, the discussion of
				these issues in the EIS will be limited to a brief presentation of the reasons
				they will not significantly affect the quality of the human environment;
				and
(d) identify those issues that
				have been adequately addressed by prior environmental review, thereby
				indicating that the discussion of these issues in the EIS will be limited to a
				summary and reference to their coverage elsewhere; and
(e) identify possible alternatives to be
				considered.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.242 - ENVIRONMENTAL IMPACT STATEMENTS-GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
The following apply to the design and preparation of
				  EISs:
(1) The agency shall prepare
				EISs that are analytic rather than encyclopedic.
(2) The agency shall discuss the impacts of a
				proposed action in a level of detail that is proportionate to their
				significance. For other than significant issues, an EIS need only include
				enough discussion to show why more study is not warranted.
(3) The agency shall prepare with each draft
				and final EIS a brief summary that is available for distribution separate from
				the EIS. The summary must describe:
(a) the
				proposed action being evaluated by the EIS, the impacts, and the
				alternatives;
(b) areas of
				controversy and major conclusions;
(c) the tradeoffs among the alternatives;
				and
(d) the agency's preferred
				alternative, if any.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.243 - PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
If required by these rules, the agency shall
prepare a draft environmental impact statement using
				  an
interdisciplinary approach and containing the
				  following:
(1) a description of the
				proposed action, including its purpose and benefits;
(2) a listing of any state, local, or federal
				agencies that have overlapping or additional jurisdiction and a description of
				their responsibility for the proposed action;
(3) a description of the current
				environmental conditions in the area affected by the proposed action or
				alternatives, including maps and charts, whenever appropriate. The description
				must be no longer than is necessary to understand the effects of the action and
				alternatives. Data analysis must be commensurate with the importance of the
				impact with less important material summarized, consolidated, or simply
				referenced;
(4) a description of
				the impacts on the quality of the human environment of the proposed action
				including:
(a) the factors listed in (3) (d)
				and (e) of ARM
				18.2.239, whenever
				appropriate;
(b) primary,
				secondary, and cumulative impacts;
(c) potential growth-inducing or
				growth-inhibiting impacts;
(d)
				irreversible and irretrievable commitments of environmental resources,
				including land, air, water and energy;
(e) economic and environmental benefits and
				costs of the proposed action; and
(f) the relationship between local short-term
				uses of man's environment and the effect on maintenance and enhancement of the
				long-term productivity of the environment. When a cost-benefit analysis is
				prepared by the agency prior to the preparation of the draft EIS, it shall be
				incorporated by reference in or appended to the EIS;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.244 - ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL

Current through Register Vol. 13, July 5, 2024
(1) Depending upon the substantive comments
				received in response to the draft EIS, the draft statement may suffice. The
				agency shall determine whether to adopt the draft EIS within 30 days of the
				close of the comment period on the draft EIS.
(2) In the event the agency determines to
				adopt the draft EIS, the agency shall notify the governor, the Environmental
				Quality Council, the applicant, if any, and all commenters of its decision and
				provide a statement describing its proposed course of action. This notification
				must be accompanied by a copy of all comments or a summary of a representative
				sample of comments received in response to the draft statement, together with,
				at minimum, an explanation of why the issues raised do not warrant the
				preparation of a final EIS.
(3) The
				agency shall provide public notice of its decision to adopt the draft EIS as a
				final EIS.
(4) If the agency
				decides to adopt the draft EIS as the final EIS, it may make a final decision
				on the proposed action no sooner than 15 days after complying with subsections
				(1) through (3) above.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.245 - PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT

Current through Register Vol. 13, July 5, 2024
Except as provided in ARM
				  18.2.244, a final environmental
				  impact statement must include:
(1) a
				summary of major conclusions and supporting information from the draft EIS and
				the responses to substantive comments received on the draft EIS, stating
				specifically where such conclusions and information were changed from those
				which appeared in the draft;
(2) a
				list of all sources of written and oral comments on the draft EIS, including
				those obtained at public hearings, and, unless impractical, the text of
				comments received by the agency (in all cases, a representative sample of
				comments must be included) ;
(3)
				the agency's responses to substantive comments, including an evaluation of the
				comments received and disposition of the issues involved;
(4) data, information, and explanations
				obtained subsequent to circulation of the draft; and
(5) the agency's recommendation, preferred
				alternative, or proposed decision together with an explanation of the reasons
				therefor.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.246 - TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Following preparation of a draft EIS, the
				agency shall distribute copies to the governor, EQC, appropriate state and
				federal agencies, the applicant, if any, and persons who have requested
				copies.
(2) The listed transmittal
				date to the governor and the EQC must not be earlier than the date that the
				draft EIS is mailed to other agencies, organizations, and individuals. The
				agency shall allow 30 days for reply, provided that the agency may extend this
				period up to an additional 30 days at its discretion or upon application of any
				person for good cause. When preparing a joint EIS with a federal agency or
				agencies, the agency may also extend this period in accordance with time
				periods specified in regulations that implement the National Environmental
				Policy Act. However, no extension which is otherwise prohibited by law may be
				granted.
(3) In cases involving an
				applicant, after the period for comment on the draft EIS has expired, the
				agency shall send to the applicant a copy of all written comments that were
				received. The agency shall advise the applicant that he has a reasonable time
				to respond in writing to the comments received by the agency on the draft EIS
				and that the applicant's written response must be received before a final EIS
				can be prepared and circulated. The applicant may waive his right to respond to
				the comments on the draft EIS.
(4)
				Following preparation of a final EIS, the agency shall distribute copies to the
				governor, EQC, appropriate state and federal agencies, the applicant, if any,
				persons who submitted comments on or received a copy of the draft EIS, and
				other members of the public upon request.
(5) Except as provided by ARM
				18.2.244(4), a
				final decision must not be made on the proposed action being evaluated in a
				final EIS until 15 days have expired from the date of transmittal of the final
				EIS to the governor and EQC. The listed transmittal date to the governor and
				EQC must not be earlier than the date that the final EIS is mailed to other
				agencies, organizations, and individuals.
(6) All written comments received on an EIS,
				including written responses received from the applicant, must be made available
				to the public upon request.
(7)
				Until the agency reaches its final decision on the proposed action, no action
				concerning the proposal may be taken that would:
(a) have an adverse environmental impact;
				or
(b) limit the choice of
				reasonable alternatives, including the no-action alternative.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.247 - SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The agency shall prepare supplements to
				either draft or final environmental impact statements whenever:
(a) the agency or the applicant makes a
				substantial change in a proposed action;
(b) there are significant new circumstances,
				discovered prior to final agency decision, including information bearing on the
				proposed action or its impacts that change the basis for the decision;
				or
(c) following preparation of a
				draft EIS and prior to completion of a final EIS, the agency determines that
				there is a need for substantial, additional information to evaluate the impacts
				of a proposed action or reasonable alternatives.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.248 - ADOPTION OF AN EXISTING EIS

Current through Register Vol. 13, July 5, 2024
(1) The agency
				shall adopt as part of a draft EIS all or any part of the information,
				conclusions, comments, and responses to comments contained in an existing EIS
				that has been previously or is being concurrently prepared pursuant to MEPA or
				the National Environmental Policy Act if the agency determines:
(a) that the existing EIS covers an action
				paralleling or closely related to the action proposed by the agency or the
				applicant;
(b) on the basis of its
				own independent evaluation, that the information contained in the existing EIS
				has been accurately presented; and
(c) that the information contained in the
				existing EIS is applicable to the action currently being considered.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.249 - INTERAGENCY COOPERATION

Current through Register Vol. 13, July 5, 2024
(1) Whenever it is
				the lead agency responsible for preparation of an EIS, the agency may:
(a) request the participation of other
				governmental agencies which have special expertise in areas that should be
				addressed in the EIS;
(b) allocate
				assignments, as appropriate, for the preparation of the EIS among other
				participating agencies; and
(c)
				coordinate the efforts of all affected agencies.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.250 - JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S

Current through Register Vol. 13, July 5, 2024
(1) Whenever the agency and one or more other
				state agencies have jurisdiction over an applicant's proposal or major state
				actions that individually, collectively, or cumulatively require an EIS and
				another agency is clearly the lead agency, the agency shall cooperate with the
				lead agency in the preparation of a joint EIS. Whenever it is clearly the lead
				agency, the agency shall coordinate the preparation of the EIS as required by
				this rule. Whenever the agency and one or more agencies have jurisdiction over
				an applicant's proposal or major state actions and lead agency status cannot be
				resolved, the agency shall request a determination from the governor.
(2) The agency shall cooperate with federal
				and local agencies in preparing EISs when the jurisdiction of the agency is
				involved. This cooperation may include, but is not limited to: joint
				environmental research studies, a joint process to determine the scope of an
				EIS, joint public hearings, joint EISs, and, whenever appropriate, joint
				issuance of a record of decision.
(3) Whenever the agency proposes or
				participates in an action that requires preparation of an EIS under both the
				National Environmental Policy Act and MEPA, the EIS must be prepared in
				compliance with both statutes and associated rules and regulations. The agency
				may, if required by a cooperating federal agency, accede to and follow more
				stringent requirements, such as additional content or public review periods,
				but in no case may it accede to less than is provided for in these
				rules.
(4) The same general
				provisions for cooperation and joint issuance of documents provided for in this
				rule in connection with EISs also apply to EAs.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.251 - PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Whenever the agency is contemplating a
				series of agency-initiated actions, programs, or policies which in part or in
				total may constitute a major state action significantly affecting the human
				environment, it shall prepare a programmatic review discussing the impacts of
				the series of actions.
(2) The
				agency may also prepare a programmatic review whenever required by statute,
				whenever a series of actions under the jurisdiction of the agency warrant such
				an analysis as determined by the agency, or whenever prepared as a joint effort
				with a federal agency requiring a programmatic review.
(3) The agency shall determine whether the
				programmatic review takes the form of an EA or an EIS in accordance with the
				provisions of ARM
				18.2.237 and
				18.2.238, unless otherwise
				provided by statute.
(4) A
				programmatic review must include, as a minimum, a concise, analytical
				discussion of alternatives and the cumulative environmental effects of these
				alternatives on the human environment. In addition programmatic reviews must
				contain the information specified in ARM
				18.2.243 for EISs or ARM
				18.2.239 for EAs, as
				applicable.
(5) The agency shall
				adhere to the time limits specified for distribution and public comment on EISs
				or EAs, whichever is applicable.
(6) While work on a programmatic review is in
				progress, the agency may not take major state actions covered by the program in
				that interim period unless such action:
(a)
				is part of an ongoing program;
(b)
				is justified independently of the program; or
(c) will not prejudice the ultimate decision
				on the program. Interim action prejudices the ultimate decision on the program
				if it tends to determine subsequent development or foreclose reasonable
				alternatives.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.252 - RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) At the time of its decision concerning a
				proposed action for which an EIS was prepared, the agency shall prepare a
				concise public record of decision. The record, which may be integrated into any
				other documentation of the decision that is prepared by the agency, is a public
				notice of what the decision is, the reasons for the decision, and any special
				conditions surrounding the decision or its implementation.
(2) The agency may include in the final EIS,
				in addition to a statement of its proposed decision, preferred alternative, or
				recommendation on the proposed action, the other items required by (1), and
				additional explanation as provided for in (3) below. If the final decision and
				the reasons for that final decision are the same as set forth in the final EIS,
				the agency may comply with (1) by preparing a public notice of what the
				decision is and adopting by reference the information contained in the final
				EIS that addresses the items required by (1). If the final decision or any of
				the items required by (1) are different from what was presented in the final
				EIS, the agency is responsible for preparing a separate record of
				decision.
(3) There is no
				prescribed format for a record of decision, except that it must include the
				items listed in (1). The record may include the following items as appropriate:
(a) brief description of the context of the
				decision;
(b) the alternatives
				considered;
(c) advantages and
				disadvantages of the alternatives;
(d) the alternative or alternatives
				considered environmentally preferable;
(e) short and long-term effects of the
				decision;
(f) policy considerations
				that were balanced and considered in making the decision;
(g) whether all practical means to avoid or
				minimize environmental harm were adopted, and if not, why not; and
(h) a summary of implementation plans,
				including monitoring and enforcement procedures for mitigation, if
				any.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.253 - EMERGENCIES

Current through Register Vol. 13, July 5, 2024
(1) The agency may take or permit action
				having a significant impact on the quality of the human environment in an
				emergency situation without preparing an EIS. Within 30 days following
				initiation of the action, the agency shall notify the governor and the EQC as
				to the need for the action and the impacts and results of it. Emergency actions
				must be limited to those actions immediately necessary to control the impacts
				of the emergency.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.254 - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) Information declared confidential by
				state law or by an order of a court must be excluded from an EA and EIS. The
				agency shall briefly state the general topic of the confidential information
				excluded.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.255 - RESOLUTION OF STATUTORY CONFLICTS

Current through Register Vol. 13, July 5, 2024
(1)
				Whenever a conflicting provision of another state law prevents the agency from
				fully complying with ARM
				18.2.235 through
				18.2.260 the agency shall notify
				the governor and the EQC of the nature of the conflict and shall suggest a
				proposed course of action that will enable the agency to comply to the fullest
				extent possible with the provisions of MEPA. This notification must be made as
				soon as practical after the agency recognizes that a conflict exists, and no
				later than 30 days following such recognition.
(2) The agency has a continuing
				responsibility to review its programs and activities to evaluate known or
				anticipated conflicts between ARM
				18.2.235 through
				18.2.260 and other statutory or
				regulatory requirements. It shall make such adjustments or recommendations as
				may be required to ensure maximum compliance with MEPA and these
				rules.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.256 - CONTRACTS AND DISCLOSURE

Current through Register Vol. 13, July 5, 2024
(1) The agency may
				contract for preparation of an EIS or portions thereof. Whenever an EIS or
				portion thereof is prepared by a contractor, the agency shall furnish guidance
				and participate in the preparation, independently evaluate the statement or
				portion thereof prior to its approval, and take responsibility for its scope
				and content.
(2) A person
				contracting with the agency in the preparation of an EIS must execute a
				disclosure statement, in affidavit form prepared by the agency, specifying that
				he has no financial or other interest in the outcome of the proposed action
				other than a contract with the agency.
Sec.
					 2-3-103,
					 2-4-201, MCA; IMP, Sec.
					 2-3-104,
					 75-1-201,
					 MCA;