Montana Statutes
§ 76-2-109 — Effect On Natural Resources
Montana·Title 76 LAND RESOURCES AND USE·Ch. 2 PLANNING AND ZONING·Part 1 County Planning and Zoning Commission
76-2-109 . Effect on natural resources.
(1)Regulations adopted under this part may not regulate lands used for grazing, horticulture, agriculture, the growing of timber, or the complete use, development, or recovery of any mineral.
(2)(a) A provision of this part may not be construed to alter Montana law regarding the primacy of the mineral estate, to limit access to the mineral estate, or to limit development of the mineral estate.
(b)A regulation, resolution, or rule adopted pursuant to the provisions of this part may not prevent the complete use, development, or recovery of any mineral that is under the jurisdiction of the board of oil and gas conservation pursuant to Title 82, chapter 11, part 1.
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Legislative History
En. Sec. 2, Ch. 154, L. 1953; R.C.M. 1947, 16-4102(part); amd. Sec. 1, Ch. 526, L. 2021; amd. Sec. 2, Ch. 533, L. 2021.
Nearby Sections
15
§ 76-2-1001
And 76-2-1002 Reserved§ 76-2-1003
Right To Mine Digital Assets§ 76-2-102
Organization And Operation Of Commission§ 76-2-103
Powers Of Commission And Employees§ 76-2-104
Development Pattern§ 76-2-105
Continuation Of Nonconforming Uses§ 76-2-106
Adoption Of Development District§ 76-2-108
Permits Authorized§ 76-2-109
Effect On Natural Resources§ 76-2-110
Appeal Procedure