Montana § 2-3-104 Requirements For Compliance With Notice Provisions

Montana Statutes

§ 2-3-104 — Requirements For Compliance With Notice Provisions

Montana § 2-3-104

Title 2GOVERNMENT STRUCTURE AND ADMINISTRATION

Ch. 3PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 1Notice and Opportunity to Be Heard

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Bluebook

Mont. Code Ann. § 2-3-104 (2026).

Text

2-3-104 . Requirements for compliance with notice provisions. An agency is considered to have complied with the notice provisions of 2-3-103 if:

(1)an environmental impact statement is prepared and distributed as required by the Montana Environmental Policy Act, Title 75, chapter 1;

(2)a proceeding is held as required by the Montana Administrative Procedure Act;

(3)an agency adopts and implements the public participation plan required in 76-25-106 for the purposes of agency actions taken in accordance with Title 76, chapter 25;

(4)a public hearing, after appropriate notice is given, is held pursuant to any other provision of state law or a local ordinance or resolution; or

(5)a newspaper of general circulation within the area to be affected by a decision of significant interest to the

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2-3-104 . Requirements for compliance with notice provisions. An agency is considered to have complied with the notice provisions of 2-3-103 if:
(1) an environmental impact statement is prepared and distributed as required by the Montana Environmental Policy Act, Title 75, chapter 1;
(2) a proceeding is held as required by the Montana Administrative Procedure Act;
(3) an agency adopts and implements the public participation plan required in 76-25-106 for the purposes of agency actions taken in accordance with Title 76, chapter 25;
(4) a public hearing, after appropriate notice is given, is held pursuant to any other provision of state law or a local ordinance or resolution; or
(5) a newspaper of general circulation within the area to be affected by a decision of significant interest to the public has carried a news story or advertisement concerning the decision sufficiently prior to a final decision to permit public comment on the matter.

Legislative History

En. 82-4228 by Sec. 3, Ch. 491, L. 1975; amd. Sec. 24, Ch. 285, L. 1977; amd. Sec. 2, Ch. 452, L. 1977; R.C.M. 1947, 82-4228(2); amd. Sec. 2, Ch. 555, L. 2025.