Montana Administrative Code

32.2.219 PUBLIC HEARINGS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-4-201 MCA Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

32.2.220 RETROACTIVE APPLICATION OF THE MEPA RULES AMENDMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 2-4-201 MCA Implementing statute(s): Sec. 2-4-201, 75-1-201 MCA History: NEW, 1980 MAR p. 1487, Eff. 5/16/80; REP, 2000 MAR p. 3409, Eff. 12/8/00.

32.2.221 POLICY STATEMENT CONCERNING MEPA RULES The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply with its terms "to t…

32.2.222 DEFINITIONS "Action" means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with one or more oth…

32.2.223 GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS Section 75-1-201, MCA, requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) …

32.2.224 DETERMINING THE SIGNIFICANCE OF IMPACTS In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also …

32.2.225 PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be add…

32.2.226 PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public …

32.2.227 DETERMINING THE SCOPE OF AN ENVIRONMENTAL IMPACT STATEMENT Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS. To identify the scope of an EIS, the agency shall: invite the participation of affected federal, state, a…

32.2.228 ENVIRONMENTAL IMPACT STATEMENTS--GENERAL REQUIREMENTS The following apply to the design and preparation of EISs: The agency shall prepare EISs that are analytic rather than encyclopedic. The agency shall discuss the impacts of a proposed action in a level of detail that …

32.2.229 PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following: a description of the proposed action, including…

32.2.230 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL Depending upon the substantive comments received in response to the draft EIS, the draft statement may suffice. The agency shall determine whether to adopt the draft EIS within 30 days of the close of the comment …

32.2.231 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT Except as provided in ARM 32.2.230, a final environmental impact statement must include: a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comment…

32.2.232 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS Following preparation of a draft EIS, the agency shall distribute copies to the governor, the EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies. The li…

32.2.233 SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS The agency shall prepare supplements to either draft or final environmental impact statements whenever: the agency or the applicant makes a substantial change in a proposed action; there are significant new circumstances, di…

32.2.234 ADOPTION OF AN EXISTING ENVIRONMENTAL IMPACT STATEMENT The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepar…

32.2.235 INTERAGENCY COOPERATION Whenever it is the lead agency responsible for preparation of an EIS, the agency may: request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS; allocate assignments, as appr…

32.2.236 JOINT ENVIRONMENTAL IMPACT STATEMENTS AND ENVIRONMENTAL ASSESSMENTS Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another …

32.2.237 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environment, i…

32.2.238 RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any oth…

32.2.239 EMERGENCIES The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as…

32.2.240 CONFIDENTIALITY Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded. Authorizing statute(s): Sec. 2-4-201 MCA Implementing …

32.2.241 RESOLUTION OF STATUTORY CONFLICTS Whenever a conflicting provision of another state law prevents the agency from fully complying with these rules, the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed course of action…

32.2.242 CONTRACTS AND DISCLOSURE The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or p…

32.2.243 PUBLIC HEARINGS Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release or legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice must …

32.2.244 FEES: DETERMINATION OF AUTHORITY TO IMPOSE Whenever an application for a lease, permit, contract, license or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount the …

32.2.245 FEES: DETERMINATION OF AMOUNT After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final amou…

32.2.246 USE OF FEE The fee assessed hereunder may only be used to gather data and information necessary to compile an EIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that additio…

32.2.301 DETERMINATION WHETHER FEE REQUIRED When an application for a lease, permit, contract, license or certificate is expected to result in the department incurring expenses in excess of $2,500 to compile an environmental impact statement, the applicant must be required to pay…

32.2.302 NOTIFICATION TO APPLICANT THAT FEE IS REQUIRED If the preliminary estimated costs of acquiring the data and information to prepare an EIS total more than $2,500, the department must notify the applicant that a fee must be paid and submit an itemized preliminary estimate …

32.2.303 COMPUTATION OF FEE The estimated cost of a project submitted by the applicant as required by this For new facilities or additions to existing facilities that are subject to the permit provisions of 75-2-211 MCA, of the Clean Air Act of Montana, the estimated cost must be…

32.2.304 HEARING TO CONTEST FEE If an applicant for a lease, permit, contract, license or certificate believes that the fee assessed is excessive or does not conform to the requirements of this chapter or section 75-1-203 MCA, the applicant may request a hearing before the depart…

32.2.305 USE OF FEE The fee assessed hereunder may only be used to gather data and information necessary to compile an environmental impact statement. No fee may be assessed if the department intends only to compile a preliminary environmental review or a programmatic review. If …

32.2.306 ACCOUNTING FOR USE OF FEE When the department has completed work on the EIS, a complete accounting of how the department expended the fee collected must be submitted to the applicant. If the cost of compiling an environmental impact statement is less than the fee collect…

32.2.307 DEPARTMENT TO ASSIST IN ESTIMATING COSTS The department will make every effort to assist the applicant in preparing an estimated cost of a project. Furthermore, the department will make appropriate personnel available to the applicant to discuss the department's estimate…

32.2.401 DEPARTMENT OF LIVESTOCK ANIMAL HEALTH DIVISION FEES Certifications: Brucella ovis-free flocks certification - new $40.00 Brucella ovis-free flocks certification - renewal 18.00 Licenses: Licensed equine-approved feedlot $1450.00 Montana bull stud service 350.00 Rendering…

32.2.402 PENALTY FEES FOR NONRENEWAL OF LICENSES AND PERMITS If a person or business fails to apply for renewal under 81-22-208 , MCA, a penalty of $5 per month or fraction of a month after January 31 may be imposed by the department. Authorizing statute(s): 81-22-208, MCA Implem…

32.2.403 DIAGNOSTIC LABORATORY FEES Services available through the Montana Department of Livestock Veterinary Diagnostic Laboratory (MVDL) are listed in the chart in (3), entitled MVDL Services and Fees. Mailing costs: all submissions must have shipping cost or postage prepaid; "…

32.2.404 BRANDS ENFORCEMENT DIVISION FEES New brands and transfers: Recording of a new brand or mark: Recording of a new brand or mark during a rerecord year will not incur an additional rerecord charge. Livestock or ornamental - $200.00. Seasonal brand for going to grass - $200.…

32.2.405 DEPARTMENT OF LIVESTOCK MEAT INSPECTION AND MILK AND EGG BUREAU FEES Meat inspection: Slaughterhouse, meat packing house, meat depot, or mobile slaughter facility license $25.00 Milk and egg inspection: Condensed, evaporated, or powdered milk plant license $ 5.00 Cream s…

32.2.406 LICENSEE ASSESSMENTS Pursuant to 81-23-202, MCA, the following assessment is levied: a fee of $0.14 per hundredweight per month, with a minimum of $50.00 per month, whichever is greater, or a maximum of $1,050.00 per month, on the volume of all classes of milk produced a…

32.2.501 INSPECTOR EXAMINATION REQUIREMENTS The inspector examination set for passage by the Montana law enforcement academy and the requirements for passage thereof are hereby adopted by the Montana board of livestock for those inspectors designated as law enforcement officers p…

32.2.502 CERTIFICATION OF SPECIALLY QUALIFIED DEPUTY STOCK INSPECTORS Persons already appointed as "deputy state stock inspectors" as defined in 81-3-201(1) , MCA, may become appointed as "specially qualified deputy stock inspectors" as defined in 81-3-201(5) , MCA, upon completi…

32.22.101 PURPOSE AND SCOPE This chapter provides a system for the issuance of aerial hunting permits to protect livestock from predatory animals, and establishes the duties of permittees under the provisions of Chapter 704, Laws of Montana 1979. These rules are: not to interfere…

32.22.102 ISSUANCE OF PERMITS Applicants for an aerial hunting permit must complete an aerial hunting application form prior to January 31 and submit with the appropriate fee. After January 31, applicants may apply under the same guidelines with no proration of fee. Application f…

32.22.103 DURATION OF PERMITS Aerial hunting permits will be valid for a 12-month period from February 1 through January 31. Permittees must renew their permit each year; permittees must be in compliance with the rules of the department, and state and federal law; renewal will be…

32.22.104 RESTRICTIONS UPON USE OF PERMIT A permittee may engage in aerial hunting only over areas authorized by the Department of Livestock. The permittee must: show that livestock depredation has occurred or is likely to occur in the area requested in the application or an adja…

32.22.105 REPORTING REQUIREMENTS All permittees shall file semi-annual reports with the Department of Livestock on forms supplied by the department. The reports are due within 30 days after June 30 and December 31 of each year. The department may request other information or repo…

32.22.106 REVOCATION, SUSPENSION, OR MODIFICATION OF PERMIT Failure to comply with the rules or statutes governing aerial hunting will result in suspension or revocation of the permit. The department shall close an aerial hunting area upon receipt of written request from the land…

32.22.201 FERAL SWINE MANDATORY REPORTING Any person, including, but not limited to, landowners, tenants, or persons responsible for property oversight in Montana who knows or has reason to believe feral swine as defined in 81-29-101, MCA, are present on private or public propert…