Montana Code 2-10-105. Impact assessment
2-10-105. Impact assessment. (1) Each state agency shall assign a qualified person or persons in the state agency the duty and authority to ensure that the state agency complies with this part. Each state agency action with taking or damaging implications must be submitted to that person or persons for review and completion of an impact assessment. The state agency may not take the action unless the review and impact assessment have been completed, except that the action with taking or damaging implications may be taken before the review and impact assessment are completed if necessary to avoid an immediate threat to public health or safety.
Terms Used In Montana Code 2-10-105
- Action with taking or damaging implications: means a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution. See Montana Code 2-10-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State agency: means an officer, board, commission, department, or other entity within the executive branch of state government. See Montana Code 2-10-103
- Taking or damaging: means depriving a property owner of private property in a manner requiring compensation under the 5th and 14th amendments to the constitution of the United States or Article II, section 29, of the Montana constitution. See Montana Code 2-10-103
(2)Using the attorney general’s guidelines and checklist, the person shall prepare a taking or damaging impact assessment for each state agency action with taking or damaging implications that includes an analysis of at least the following:
(a)the likelihood that a state or federal court would hold that the action is a taking or damaging;
(b)alternatives to the action that would fulfill the agency’s statutory obligations and at the same time reduce the risk for a taking or damaging; and
(c)the estimated cost of any financial compensation by the state agency to one or more persons that might be caused by the action and the source for payment of the compensation.
(3)A copy of the impact assessment for a proposed action with taking or damaging implications must be given to the governor before the action is taken, except that an action to avoid an immediate threat to public health or safety may be taken before the impact assessment is completed and the assessment may be reported to the governor after the action is taken.