Montana § 87-5-916 Compensatory Mitigation Reduction Or Waiver

Montana Statutes

§ 87-5-916 — Compensatory Mitigation Reduction Or Waiver

Montana § 87-5-916

Title 87FISH AND WILDLIFE

Ch. 5WILDLIFE PROTECTION

Part 9Montana Greater Sage-Grouse Stewardship Act

This text of Montana § 87-5-916 (Compensatory Mitigation Reduction Or Waiver) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 87-5-916 (2026).

Text

87-5-916 . Compensatory mitigation reduction or waiver.

(1)Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following:

(a)a project that is located at least six-tenths of a mile from the center of an active lek but for which it is economically infeasible to be located more than 2 miles from the center of an active lek;

(b)the economic benefit to the local community and the project developer;

(c)whether the project is undertaken and completed outside of the sage grouse mating season; or

(d)whether the project involves one-time construction and does not require ongoing disturbance once completed, except for occasional r

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87-5-916 . Compensatory mitigation reduction or waiver. (1) Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following:
(a) a project that is located at least six-tenths of a mile from the center of an active lek but for which it is economically infeasible to be located more than 2 miles from the center of an active lek;
(b) the economic benefit to the local community and the project developer;
(c) whether the project is undertaken and completed outside of the sage grouse mating season; or
(d) whether the project involves one-time construction and does not require ongoing disturbance once completed, except for occasional routine maintenance of existing facilities.
(2) The oversight team shall provide a summary of the reasons why a reduction in or waiver of compensatory mitigation is approved or denied.
(3) Compensatory mitigation may be waived for opencut operations located outside of core areas and at least six-tenths of a mile from the center of an active lek if the permit pursuant to 82-4-431 is held by a county, city, or town in the state.