Montana Code 75-7-208. Factors favoring issuance of permit
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75-7-208. Factors favoring issuance of permit. The regulations shall favor issuance if the proposed work will not during either its construction or its utilization:
(1)materially diminish water quality;
(2)materially diminish habitat for fish or wildlife;
(3)interfere with navigation or other lawful recreation;
(4)create a public nuisance; or
(5)create a visual impact discordant with natural scenic values, as determined by the local governing body, where such values form the predominant landscape elements.