75-1-101. Short title

75-1-101. Short title. Parts 1 through 3 may be cited as the “Montana Environmental Policy Act”. History: En. Sec. 1, Ch. 238, L. 1971; R.C.M. 1947, 69-6501.

75-1-102. Intent — purpose

75-1-102. Intent — purpose. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Environmental Policy Act. The Montana Environmental Policy Act is procedural, and it is the legislature’s intent that the requirements of parts 1 through 3 of this chapter provide […]

75-1-103. Policy

75-1-103. Policy. (1) The legislature, recognizing the profound impact of human activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances, recognizing the critical importance of restoring and maintaining environmental quality to the overall welfare and […]

75-1-104. Specific statutory obligations unimpaired

75-1-104. Specific statutory obligations unimpaired. Sections 75-1-103 and 75-1-201 do not affect the specific statutory obligations of any agency of the state to: (1) comply with criteria or standards of environmental quality; (2) coordinate or consult with any local government, other state agency, or federal agency; or (3) act or refrain from acting contingent upon the recommendations or certification […]

75-1-105. Policies and goals supplementary

75-1-105. Policies and goals supplementary. The policies and goals set forth in parts 1 through 3 are supplementary to those set forth in existing authorizations of all boards, commissions, and agencies of the state. History: En. Sec. 7, Ch. 238, L. 1971; R.C.M. 1947, 69-6507.

75-1-106. Private property protection — ongoing programs of state government

75-1-106. Private property protection — ongoing programs of state government. Nothing in 75-1-102, 75-1-103, or 75-1-201 expands or diminishes private property protection afforded in the U.S. or Montana constitutions. Nothing in 75-1-102, 75-1-103, or 75-1-201 may be construed to preclude ongoing programs of state government pending the completion of any statements that may be required by […]

75-1-107. Determination of constitutionality

75-1-107. Determination of constitutionality. In any action filed in district court invoking the court’s original jurisdiction to challenge the constitutionality of a licensing or permitting decision made pursuant to Title 75 or Title 82 or activities taken pursuant to a license or permit issued under Title 75 or Title 82, the plaintiff shall first establish the […]

75-1-108. Venue

75-1-108. Venue. A proceeding to challenge an action taken pursuant to parts 1 through 3, 10, and 11 must be brought in the county in which the activity that is the subject of the action is proposed to occur or will occur. If an activity is proposed to occur or will occur in more than one […]

75-1-109. reserved

75-1-109 reserved.

75-1-110. Environmental rehabilitation and response account

75-1-110. Environmental rehabilitation and response account. (1) There is an environmental rehabilitation and response account in the state special revenue fund provided for in 17-2-102. (2) There must be deposited in the account: (a) fine and penalty money received pursuant to 75-10-1223, 82-4-311, and 82-4-424 and other funds or contributions designated for deposit to the account; (b) reimbursements received […]