Montana Administrative Code

12.2.405 PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 2-15-112, 87-1-201, 87-1-301, MCA Implementing statute(s): 75-1-201, 87-1-201, 87-1-401, MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 26…

12.2.406 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 2-15-112, 87-1-201, 87-1-301, MCA Implementing statute(s): 75-1-201, 87-1-201, 87-1-401, MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 269…

12.2.407 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; RE…

12.2.408 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP,…

12.2.409 SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692…

12.2.410 INCORPORATION BY REFERENCE AND ADOPTION (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. …

12.2.411 LENGTH, FORMAT, AND SUMMARY OF ENVIRONMENTAL IMPACT STATEMENT (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1…

12.2.412 INTERAGENCY COOPERATION (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.413 JOINT ENVIRONMENTAL IMPACT STATEMENT (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/…

12.2.414 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP,…

12.2.415 EMERGENCIES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.416 CONFIDENTIALITY (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.417 RESOLUTION OF STATUTORY CONFLICTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/23/…

12.2.418 DISCLOSURE (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.419 PUBLIC HEARINGS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301 MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.420 RETROACTIVE APPLICATION OF THE MEPA RULES AMENDMENTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-201, 2-15-112, 87-1-201, 87-1-301, MCA Implementing statute(s): Secs. 75-1-201, 87-1-201, 87-1-401 MCA History: NEW, 1980 MAR p. 1064, Eff. 3/28/80; REP, 1988 MAR …

12.2.421 WHEN FEES ASSESSED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-202 MCA Implementing statute(s): Sec. 75-1-202, MCA History: NEW, 1987 MAR p. 886, Eff. 6/26/87; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.422 PRELIMINARY COST ESTIMATE OF EIS-ESTIMATE OF PROJECT COST (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-202 MCA Implementing statute(s): Sec. 75-1-202, MCA History: NEW, 1987 MAR p. 886, Eff. 6/26/87; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.423 FINAL FEE DETERMINATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-202 MCA Implementing statute(s): Sec. 75-1-202, MCA History: NEW, 1987 MAR p. 886, Eff. 6/26/87; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.424 FEE MAXIMUMS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-203 MCA Implementing statute(s): Sec. 75-1-203, MCA History: NEW, 1987 MAR p. 886, Eff. 6/26/87; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.425 APPEAL TO COMMISSION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-202 MCA Implementing statute(s): Sec. 75-1-202, MCA History: NEW, 1987 MAR p. 886, Eff. 6/26/87; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.426 USE OF FEE - ADDITIONAL FEE - ACCOUNTING AND REFUND (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-202 MCA Implementing statute(s): Sec. 75-1-202, MCA History: NEW, 1987 MAR p. 886, Eff. 6/26/87; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.427 DEPARTMENT ASSISTANCE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-202 MCA Implementing statute(s): Sec. 75-1-202, MCA History: NEW, 1987 MAR p. 886, Eff. 6/26/87; REP, 1988 MAR p. 2692, Eff. 12/23/88.

12.2.428 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…

12.2.429 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…

12.2.430 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) …

12.2.431 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 …

12.2.432 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…

12.2.433 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 …

12.2.434 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 agencie…

12.2.435 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 …

12.2.436 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…

12.2.437 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 FTS within 30 days of the close of the comment …

12.2.438 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT Except as provided in ARM 12.2.437, 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…

12.2.439 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…

12.2.440 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…

12.2.441 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 …

12.2.442 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…

12.2.443 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…

12.2.444 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…

12.2.445 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…

12.2.446 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…

12.2.447 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 Imp…

12.2.448 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 …

12.2.449 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…

12.2.450 PUBLIC HEARINGS Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release 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 adv…

12.2.451 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 …

12.2.452 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…

12.2.453 USE OF FEE The fee assessed hereunder may only be used to gather data and information necessary to compile an HIS. 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…

12.2.454 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…