Montana Code 75-7-113. Emergencies — procedure
75-7-113. Emergencies — procedure. (1) The provisions of this part do not apply to those actions that are necessary to safeguard life or property, including growing crops, during periods of emergency. The person responsible for a taking action under this section shall notify the supervisors in writing within 15 days of the action taken as a result of an emergency.
Terms Used In Montana Code 75-7-113
- Applicant: means any person presenting notice of a project to the supervisors. See Montana Code 75-7-103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Montana department of fish, wildlife, and parks. See Montana Code 75-7-103
- District: means :
(a)a conservation district under Title 76, chapter 15, in which the project will take place;
(b)a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or
(c)the board of county commissioners in a county where a district does not exist. See Montana Code 75-7-103
- Person: means any individual, corporation, firm, partnership, association, or other legal entity not covered under 87-5-502. See Montana Code 75-7-103
- Project: means a physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks. See Montana Code 75-7-103
- Property: means real and personal property. See Montana Code 1-1-205
- Stream: means any natural, perennial-flowing stream or river, its bed, and its immediate banks except a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under 75-7-102. See Montana Code 75-7-103
- Supervisors: means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district. See Montana Code 75-7-103
- Team: means one representative of the supervisors, one representative of the department, and the applicant or the applicant's representative. See Montana Code 75-7-103
- Writing: includes printing. See Montana Code 1-1-203
(2)The emergency notice given under subsection (1) must contain the following information:
(a)the location of the action taken;
(b)a general description of the action taken;
(c)the date on which the action was taken; and
(d)an explanation of the emergency causing the need for the action taken.
(3)If the supervisors determine that the action taken meets the definition of a project, the supervisors shall send one copy of the notice, within 5 working days of its receipt, to the department.
(4)A team, called together as described in 75-7-112(2), shall make an onsite inspection within 20 days of receipt of the emergency notice.
(5)Each member of the team shall recommend in writing, within 30 days of the date of the emergency notice, denial, approval, or modification of the project.
(6)The supervisors shall review the emergency project and affirm, overrule, or modify the individual team recommendations and notify the applicant and team members of their decision within 60 days of receipt of the emergency notice.
(7)A person who has undertaken an emergency action that is denied or modified shall submit written notice, as provided in 75-7-111, to obtain approval pursuant to 75-7-112 to mitigate the damages to the stream caused by the emergency action and to achieve a long-term solution, if feasible, to the emergency situation. Notice under this subsection must be filed within 90 days after the supervisors’ decision.
(8)(a) When a member of the team, other than an applicant, disagrees with the supervisors’ decision of an emergency action, the team member shall request that an arbitration panel, as provided for in 75-7-114, be appointed to hear the dispute and to make a final written decision on the dispute.
(b)When an applicant disagrees with the supervisors’ decision, the applicant shall, within 30 working days of receipt of the supervisors’ decision:
(i)agree to arbitration under this section and request that an arbitration panel, as provided for in 75-7-114, be appointed to hear the dispute and make a final written decision regarding the dispute; or
(ii)appeal the decision of the supervisors to the district court for the county where the project is located.
(9)The failure of a person to perform the following subjects the person to civil and criminal penalties under 75-7-123:
(a)failure to provide emergency notice under subsection (1);
(b)failure to submit a notice of the project under subsection (7); or
(c)failure to implement the terms of a supervisors’ decision for the purpose of mitigating the damage to the stream caused by the emergency action and of achieving a permanent solution, if feasible, to the emergency situation.