Montana Statutes
§ 87-5-509 — Penalty And Restoration
87-5-509 . Penalty and restoration.
(1)An agency, under 87-5-502 , violating provisions of this part shall be assessed a fine of not less than $100 or more than $500 for each day of continuing violation but not more than a total of $1,000.
(2)In addition, at the discretion of the court, the agency shall restore the damaged stream to its prior condition. Employees of an agency acting in the ordinary course of their employment under directions of a superior are not liable for violations under this section.
(3)The department may institute and maintain in the name of the state enforcement proceedings under this section. All fines assessed under this section shall be deposited in the state special revenue fund for the use of the department.
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Legislative History
En. 26-1509 by Sec. 1, Ch. 339, L. 1975; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1509; amd. Sec. 1, Ch. 277, L. 1983.
Nearby Sections
15
§ 87-5-101
Short Title§ 87-5-102
Definitions§ 87-5-103
Legislative Intent, Findings, And Policy§ 87-5-104
Investigations By Department§ 87-5-105
Regulations To Manage Nongame Wildlife§ 87-5-106
Unlawful Acts§ 87-5-107
List Of Endangered Species§ 87-5-108
Establishment Of Programs§ 87-5-110
Department To Issue Regulations§ 87-5-111
Enforcement And Penalty§ 87-5-112
Construction§ 87-5-113
Through 87-5-115 Reserved§ 87-5-117
Through 87-5-120 Reserved