Montana § 75-10-1404 Minimum Reclamation Standards

Montana Statutes

§ 75-10-1404 — Minimum Reclamation Standards

Montana § 75-10-1404

Title 75ENVIRONMENTAL PROTECTION

Ch. 10WASTE AND LITTER CONTROL

Part 14Mine and Smelter Waste Remediation

This text of Montana § 75-10-1404 (Minimum Reclamation Standards) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 75-10-1404 (2026).

Text

75-10-1404 . Minimum reclamation standards.

(1)Except as provided in 75-10-1411 , mine and smelter waste repositories constructed by persons undertaking a remedial action on property owned by another must be capped with a minimum of 24 inches of cover material, including a minimum of 6 inches of topsoil, and revegetated as provided in subsection (3).

(2)Except as agreed to by the person undertaking the remedial action and the property owner or as provided in 75-10-1411 , locations where mine or smelter waste has been removed by a person undertaking a remedial action on property owned by someone other than the waste owner must be capped by a minimum of 6 inches of topsoil and revegetated as provided in subsection (3).

(3)Except as provided in 75-10-1411 :

(a)mine and smelter waste repos

Free access — add to your briefcase to read the full text and ask questions with AI

75-10-1404 . Minimum reclamation standards. (1) Except as provided in 75-10-1411 , mine and smelter waste repositories constructed by persons undertaking a remedial action on property owned by another must be capped with a minimum of 24 inches of cover material, including a minimum of 6 inches of topsoil, and revegetated as provided in subsection (3).
(2) Except as agreed to by the person undertaking the remedial action and the property owner or as provided in 75-10-1411 , locations where mine or smelter waste has been removed by a person undertaking a remedial action on property owned by someone other than the waste owner must be capped by a minimum of 6 inches of topsoil and revegetated as provided in subsection (3).
(3) Except as provided in 75-10-1411 :
(a) mine and smelter waste repositories or lands where mine or smelter waste has been removed must be revegetated using plant species native to the area; and
(b) revegetated areas must achieve a vegetative cover equal to 85% of the vegetation cover of adjacent lands that were not previously disturbed within 3 years of the initial seeding.