Montana § 85-15-107 Exemptions

Montana Statutes

§ 85-15-107 — Exemptions

Montana·Title 85 WATER USE·Ch. 15 DAM SAFETY ACT·Part 1 General Provisions

85-15-107 . Exemptions.

(1)The provisions of 85-15-108 through 85-15-110 , 85-15-209 through 85-15-216 , 85-15-305 , 85-15-401 , 85-15-502 , and 85-15-503 do not apply to:

(a)dams subject to a permit issued pursuant to 82-4-335 for the period during which the dam is subject to the permit;

(b)federal dams and reservoirs;

(c)dams and reservoirs licensed and subject to inspection by the federal energy regulatory commission; or

(d)dams that are required to obtain a certificate of compliance pursuant to 75-20-201 for the period during which the dam is subject to the certificate.

(2)The provisions of 85-15-108 through 85-15-110 , 85-15-209 through 85-15-216 , 85-15-401 , 85-15-502 , and 85-15-503 do not apply to nonfederal dams and reservoirs located on federal lands if they are subject to

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85-15-107 . Exemptions. (1) The provisions of 85-15-108 through 85-15-110 , 85-15-209 through 85-15-216 , 85-15-305 , 85-15-401 , 85-15-502 , and 85-15-503 do not apply to:
(a) dams subject to a permit issued pursuant to 82-4-335 for the period during which the dam is subject to the permit;
(b) federal dams and reservoirs;
(c) dams and reservoirs licensed and subject to inspection by the federal energy regulatory commission; or
(d) dams that are required to obtain a certificate of compliance pursuant to 75-20-201 for the period during which the dam is subject to the certificate.
(2) The provisions of 85-15-108 through 85-15-110 , 85-15-209 through 85-15-216 , 85-15-401 , 85-15-502 , and 85-15-503 do not apply to nonfederal dams and reservoirs located on federal lands if they are subject to a dam safety review by a federal agency.
(3) The provisions of 85-15-305 do not apply to dams and reservoirs at a national priority list site as defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Public Law 96-510.
(4) The provisions of 85-15-108 through 85-15-110 , 85-15-209 through 85-15-216 , 85-15-401 , 85-15-502 , and 85-15-503 do not apply to dams used for a public sewage system or a public sewage disposal system as regulated by the department of environmental quality pursuant to Title 75, chapter 6, part 1, and Title 76, chapter 4, part 1.

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Legislative History

En. 89-702.2 by Sec. 3, Ch. 335, L. 1975; R.C.M. 1947, 89-702.2; amd. Sec. 5, Ch. 501, L. 1985; Sec. 85-15-104, MCA 1983; redes. 85-15-107 by Code Commissioner, 1985; amd. Sec. 1, Ch. 159, L. 1987; amd. Sec. 2, Ch. 366, L. 1991; amd. Sec. 1, Ch. 612, L. 1993; amd. Sec. 17, Ch. 217, L. 2003; amd. Sec. 1, Ch. 197, L. 2025.