Montana Administrative Code

8.2.201 POLICIES AND OBJECTIVES IN PROVIDING CITIZEN PARTICIPATION IN THE OPERATION OF THE DEPARTMENT OF COMMERCE Participation of the public is to be provided for, encouraged and assisted to the fullest extent practicable consistent with other requirements of state law and the r…

8.2.202 GUIDELINES FOR DETERMINATION OF SIGNIFICANT PUBLIC INTEREST The following will be deemed of a significant public interest to require notice and the availability of an opportunity for public participation in the decision-making process: the adoption, amendment or repeal of…

8.2.203 GUIDELINES FOR DEPARTMENT PROGRAMS A continuing departmental program for public participation shall include methods of implementing each of the functions listed in this rule. The exact method may vary in relation to resources available, public response, or the nature of i…

8.2.204 NOTICE AND MEANS FOR PUBLIC PARTICIPATION If it is determined that significant public interest is involved, one or more of the following steps, as applicable, shall be taken to assist public participation in decision-making; a proceeding or hearing shall be held in compli…

8.2.205 CONFERENCES WITH DIRECTOR OR DIVISION ADMINISTRATORS Any individual or group of individuals may make appointments to confer with the director or division administrators regarding any matter of concern to those individuals and which is subject to the jurisdiction of the De…

8.2.206 OPEN MEETINGS All meetings of the department shall be open to the public subject to the provisions of 2-3-203 , MCA. Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: Eff. 5/6/76.

8.2.207 GENERAL Citizens desiring information about anything contained in these rules or about anything concerning the Department of Commerce and public participation should contact the department. Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History…

8.2.301 INCORPORATION BY REFERENCE OF RULES FOR IMPLEMENTING MEPA is hereby repealed. Authorizing statute(s): Sec. 2-4-201, 2-4-307, 75-1-202, MCA Implementing statute(s): Sec. 75-1-201, 75-1-202, MCA History: NEW, 1984 MAR p. 1026, Eff. 7/13/84; REP, 1988 MAR p. 2692, Eff. 12/23…

8.2.302 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 th…

8.2.303 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 othe…

8.2.304 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) o…

8.2.305 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 r…

8.2.306 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 addr…

8.2.307 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 r…

8.2.308 DETERMINING THE SCOPE OF AN EIS 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, and local government agencies…

8.2.309 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 i…

8.2.310 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 …

8.2.311 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 p…

8.2.312 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT Except as provided in ARM 8.2.311, a final environmental impact statement must include: a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comments …

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

8.2.314 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, dis…

8.2.315 ADOPTION OF AN EXISTING EIS 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 prepared pursuant to MEPA or the N…

8.2.316 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 appro…

8.2.317 JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S 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 agency is clearly the …

8.2.318 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, it…

8.2.319 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 othe…

8.2.320 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 …

8.2.321 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. 2-3-103, 2-4-201, MCA Impl…

8.2.322 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 t…

8.2.323 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 po…

8.2.324 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 a…

8.2.325 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 a…

8.2.326 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 amoun…

8.2.327 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 addition…

8.2.328 ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION The following types of actions do not individually, collectively, or cumulatively require the preparation of an environmental assessment or an environmental impact statement, unless the action involves one or more of the ex…

8.2.401 PROCESS SERVERS -- EXAMINATION FEE is hereby repealed. Authorizing statute(s): Sec. 25-1-1104, MCA Implementing statute(s): Sec. 25-1-1104, MCA History: NEW, 1988 MAR p. 1810, Eff. 8/12/88; REP, 1995 MAR p. 2794, Eff. 12/22/95.

8.2.501 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM – PLANNING GRANTS (REPEALED) Authorizing statute(s): 90-6-819, MCA Implementing statute(s): 90-6-819, MCA History: NEW, 2009 MAR p. 2367, Eff. 12/11/09; AMD, 2013 MAR p. 1178, …

8.2.502 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM – EMERGENCY GRANTS (REPEALED) Authorizing statute(s): 90-6-819, MCA Implementing statute(s): 90-6-819, MCA History: NEW, 2009 MAR p. 2367, Eff. 12/11/09; AMD, 2013 MAR p. 1178,…

8.2.503 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM – PROJECT GRANTS (REPEALED) Authorizing statute(s): 90-6-819, MCA Implementing statute(s): 90-6-819, MCA History: NEW, 2010 MAR p. 64, Eff. 1/15/10; AMD, 2012 MAR p. 395, Eff. …

8.2.504 INCORPORATION BY REFERENCE OF RULES FOR THE ADMINISTRATION OF THE QUALITY SCHOOLS GRANT PROGRAM – PLANNING GRANTS (REPEALED) Authorizing statute(s): 90-6-819, MCA Implementing statute(s): 90-6-819, MCA History: NEW, 2011 MAR p. 1304, Eff. 7/15/11; REP, 2014 MAR p. 961, Ef…

8.20.405 NOTIFICATION OF ADDRESS CHANGE (REPEALED) (REPEALED)

8.20.406 CERTIFIED HEARING AID AUDIOLOGIST (REPEALED) (REPEALED)