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

Montana Statutes

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

Montana·Title 87 FISH AND WILDLIFE·Ch. 5 WILDLIFE PROTECTION·Part 9 Montana Greater Sage-Grouse Stewardship Act

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.

Montana § 87-5-916 (Compensatory Mitigation Reduction Or Waiver) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.