Montana Code 87-5-916. Compensatory mitigation reduction or waiver
87-5-916. Compensatory mitigation reduction or waiver. (1) Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following:
Terms Used In Montana Code 87-5-916
- Oversight: Committee review of the activities of a Federal agency or program.
- Oversight team: means the Montana sage grouse oversight team established in 2-15-243. See Montana Code 87-5-903
- Project developer: means an entity proposing an action that will result in a debit. See Montana Code 87-5-903
- Sage grouse: means the greater sage-grouse (Centrocercus urophasianus). See Montana Code 87-5-903
- 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
(a)a project that is located at least six-tenths of a mile from the center of an active lek but for which it is economically infeasible to be located more than 2 miles from the center of an active lek;
(b)the economic benefit to the local community and the project developer;
(c)whether the project is undertaken and completed outside of the sage grouse mating season; or
(d)whether the project involves one-time construction and does not require ongoing disturbance once completed, except for occasional routine maintenance of existing facilities.
(2)The oversight team shall provide a summary of the reasons why a reduction in or waiver of compensatory mitigation is approved or denied.
(3)Compensatory mitigation may be waived for opencut operations located outside of core areas and at least six-tenths of a mile from the center of an active lek if the permit pursuant to 82-4-431 is held by a county, city, or town in the state.