Montana Code 76-7-201. Creation and approval of environmental control easements
76-7-201. Creation and approval of environmental control easements. (1) An environmental control easement may be created under this chapter only if the department or the United States environmental protection agency has approved the creation of an environmental control easement at an environmental control site to protect public health, safety, or welfare or the environment.
Terms Used In Montana Code 76-7-201
- 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
- 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
(2)An owner or an authorized representative of the owner of an environmental control site may apply for approval of a proposed environmental control easement to the department or the United States environmental protection agency.
(3)An owner or an authorized representative of the owner of an environmental control site that applies to the department for approval shall complete an environmental control easement application developed by the department.
(4)Upon receiving a completed application and following public notice, the department shall allow for a 30-day public comment period. Notice of the public comment period shall be published in a newspaper of general circulation in the area of the proposed environmental control easement.
(5)Following the 30-day public comment period, the department shall promptly review the application and either approve the application or provide the applicant with a written statement of the reasons for the department’s disapproval.
(6)If the application is disapproved for reasons that may be addressed by modification of the easement instrument or by changes to the proposed transaction, the applicant, in consultation with the department, may modify the proposed environmental control easement or the proposed transaction in a manner necessary to obtain department approval and resubmit the application for the department’s approval.
(7)The department’s approval must be evidenced by execution of the instrument creating the environmental control easement, the execution of a written statement evidencing the approval in recordable form, or any other method that reasonably substantiates the required approval.