Montana Miners Can Now Define Their Own Damage Terms
Published Date: 5/29/2026
Rule
Summary
Montana’s mining rules just got an upgrade! Starting June 29, 2026, mining companies can now define “material damage” more clearly and even submit their own water impact info if the state or feds can’t provide it. This change helps miners and regulators work smarter, keeping Montana’s land and water safer without slowing down permits or adding big costs.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 0 costs, 2 mixed.
New "Material Damage" Hydrology Definition
Montana adopted a new definition for "material damage" to the hydrologic balance that takes effect June 29, 2026. Material damage now means a quantifiable adverse impact on surface or groundwater that precludes an existing or reasonably foreseeable use, where "quantifiable adverse impact" must be measurable to a significant degree of confidence and uses are those classified under Montana law.
Alluvial Valley Floor Protection Defined
Montana now defines "material damage" to an alluvial valley floor as degradation or reduction of water quality or quantity that significantly decreases the valley floor's ability to support agricultural activities. This definition is part of the approved changes effective June 29, 2026.
Subsidence Material Damage Standard
Montana adopted a subsidence definition for "material damage" that covers functional impairment of lands, significant loss in production or income, or significant changes to a structure's condition, appearance, or utility. This definition matches the Federal subsidence standard and is effective June 29, 2026.
Operators May Use Self-Collected Hydrologic Data
Montana now allows a permit applicant to use hydrologic information they collected themselves to support the Probable Hydrologic Consequences (PHC) determination when an appropriate Federal or State agency does not have that information available. This change is approved and effective June 29, 2026.
No Retroactive Application; Effective Date Set
OSM approved Montana's amendment with an effective date of June 29, 2026, and determined that the parts of HB 587 attempting retroactive application to pending matters cannot be applied retroactively under SMCRA and federal rules. Parties with pending but undecided actions on or after the effective date cannot have these amendments applied retroactively.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2025-21443, Rescission of Fee Rates
The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated. New fee rates have been in place since October 1, 2021, and this rule makes it official starting January 27, 2026—unless folks speak up by December 29, 2025. This change mainly affects coal producers and keeps the fee system fresh and fair for years to come.
2026-17333, Montana Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSM), are denying an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature (Senate Bill (SB) 392). The proposed amendment would have added a provision requiring equal application of court costs to the prevailing party in contested case proceedings by a court or administrative agency that issues a decision. The proposal would have also amended the Montana Code Annotated (MCA) to refer to the proposed equal application of court costs rule. Finally, SB 392 includes contingencies that apply to the proposed amendment but are not codified into the MCA: codification instructions, a severability clause, an effective date clause, and an applicability statement.
2026-17055, Montana Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Montana legislature, specifically Montana House Bill 328, proposes to add a definition of affected drainage basin to the Montana Code Annotated (MCA). Additionally, House Bill 328 proposes changes to the Montana Code Annotated, pertaining to bond release application requirements.
2026-16318, North Dakota Regulatory Program
North Dakota is updating its rules for surface mining to make things clearer and more efficient. These changes include new timelines for permits, creating a new Environmental Quality department, and shifting some duties to a new Water Resources department. The updates take effect on September 10, 2026, and affect anyone involved in mining permits and environmental oversight in the state.
2026-16136, Ohio Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM), is approving, in part, two amendments to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As proposed by Ohio, the amendment involves statutory and regulatory changes to its bonding program (i.e., revising Ohio's alternative bonding system and providing the option for an applicant to post full-cost performance securities) and also includes statutory and regulatory changes pertaining to other subjects, such as abandoned mine land program funding, permitting standards, valid existing rights, remining, blasting, and topsoil handling. Ohio submitted this amendment, in part, to satisfy a program condition related to bonding inadequacies. We are removing this program condition.
2026-14244, Montana Regulatory Program
Montana updated its coal mining rules to say that if heavy storms overflow siltation ponds, operators won’t be in trouble as long as they built the ponds right and fix them quickly when they can. This change, approved by the federal government, affects coal mine operators and kicks in on August 14, 2026. It helps protect operators from penalties during extreme weather without costing extra money upfront.
Previous / Next Documents
Previous: 2026-10713, Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Jig Gear in the Central Regulatory Area of the Gulf of Alaska
Starting May 27 through June 10, 2026, boats using jig gear in the Central Gulf of Alaska must stop fishing for Pacific cod because they’ve hit their allowed catch limit for the season. This temporary closure helps keep the fish population healthy and the fishing fair for everyone. If you’re a jig gear fisher in this area, plan ahead to avoid any surprises!
Next: 2026-10727, Zero-Based Regulating
The Department of Energy is adding expiration dates to some of its rules to keep things fresh and efficient. If a rule isn’t renewed before its sunset date, it disappears—no more rule, no more hassle! This change starts July 13, 2026, and helps save time and money by cutting outdated regulations every five years or less.