Montana § 85-15-107 Exemptions

Montana Statutes

§ 85-15-107 — Exemptions

Montana § 85-15-107

Title 85WATER USE

Ch. 15DAM SAFETY ACT

Part 1General Provisions

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Bluebook

Mont. Code Ann. § 85-15-107 (2026).

Text

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.

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.