Montana Code 76-7-105. Conversion or diversion of environmental control sites
76-7-105. Conversion or diversion of environmental control sites. An environmental control site in which an environmental control easement has been granted pursuant to this chapter may not be converted or diverted from purposes specified in the easement instrument or released from any restriction, limitation, or requirement specified in the easement instrument unless the conversion, diversion, or release is:
Terms Used In Montana Code 76-7-105
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-7-103
- easement: means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. See Montana Code 76-7-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- site: means any site, including the surface and subsurface of the land and the surface and subsurface resources in, upon, or under the land, including, without limitation, minerals and water that may contain hazardous wastes or substances or that may require remediation, reclamation, or restoration pursuant to federal, state, or local law or regulation. See Montana Code 76-7-103
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(1)protective of the public health, safety, and welfare and the environment as determined by the department or the United States environmental protection agency that initially approved the easement;
(2)permitted by the criteria for modification or termination imposed at the time of the creation of the easement; and
(3)approved in writing by the easement holder and any other person named in the easement instrument from whom approval is required.