Montana Code 22-3-430. Avoidance and mitigation of impacts
22-3-430. Avoidance and mitigation of impacts. (1) Avoidance of impacts to heritage property or paleontological remains is preferred. Avoidance may not be construed to constitute neglect of the property or anticipatory demolition.
Terms Used In Montana Code 22-3-430
- Applicant: means a person who applies to a governmental entity, including a federal, state, or local governmental entity, for a permit, license, or lease on property owned by the governmental entity. See Montana Code 22-3-421
- Heritage property: means any district, site, building, structure, or object located upon or beneath the earth or under water that is significant in American history, architecture, archaeology, or culture. See Montana Code 22-3-421
- Historic preservation officer: means the officer provided for in 2-15-1512. See Montana Code 22-3-421
- Paleontological remains: means fossilized plants and animals of a geological nature found upon or beneath the earth or under water which are rare and critical to scientific research. See Montana Code 22-3-421
- Property: means real and personal property. See Montana Code 1-1-205
- Register: means the National Register of Historic Places, the official list of the nation's heritage properties worthy of preservation because of national, state, or local significance. See Montana Code 22-3-421
- Writing: includes printing. See Montana Code 1-1-203
(2)If it is not feasible to avoid impacts to heritage property or paleontological remains, a mitigation plan must be developed by the agency, in consultation with the applicant, to minimize adverse effects to the property or remains. Mitigation must be directed at the characteristics of the property that make it eligible for listing in the register. If requested by the agency, the historic preservation officer shall identify suggested mitigation actions in writing at the time that the historic preservation officer submits a proposed finding under 22-3-429.