82-4-201. Short title
82-4-201. Short title. This part shall be known and may be cited as “The Montana Strip and Underground Mine Reclamation Act”. History: En. Sec. 1, Ch. 325, L. 1973; amd. Sec. 14, Ch. 441, L. 1975; R.C.M. 1947, 50-1034.
82-4-202. Intent — policy — findings
82-4-202. Intent — policy — findings. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Montana Strip and Underground Mine Reclamation Act. It is the legislature’s intent that the requirements of this part provide adequate remedies for the protection of the environmental […]
82-4-203. Definitions
82-4-203. Definitions. Unless the context requires otherwise, in this part, the following definitions apply: (1) ”Abandoned” means an operation in which a mineral is not being produced and that the department determines will not continue or resume operation. (2) ”Adjacent area” means the area outside the permit area where a resource or resources, determined in the context in […]
82-4-204. Repealed
82-4-204. Repealed. Sec. 111, Ch. 324, L. 2021. History: En. Sec. 4, Ch. 325, L. 1973; amd. Sec. 17, Ch. 441, L. 1975; R.C.M. 1947, 50-1037; amd. Sec. 3, Ch. 550, L. 1979; amd. Sec. 368, Ch. 418, L. 1995.
82-4-205. Administration by department and board
82-4-205. Administration by department and board. (1) The department shall adopt, after an opportunity for a hearing, general rules pertaining to strip mining and to underground mining to accomplish the purposes of this part. The department may adopt rules with respect to filing of reports, issuance of permits, monitoring, and other matters of procedure and administration. […]
82-4-206. Procedure for contested case hearings
82-4-206. Procedure for contested case hearings. (1) An applicant, permittee, or person with an interest that is or may be adversely affected may request a hearing before the board on any of the following decisions of the department by submitting a written request stating the reason for the request within 30 days after the department’s decision: […]
82-4-207. Rulemaking — in situ coal gasification
82-4-207. Rulemaking — in situ coal gasification. (1) Within 1 year of October 1, 2011, and in accordance with subsection (3), the department shall adopt rules necessary to regulate underground mining using in situ coal gasification. (2) Unless required by this part, the department may not adopt a rule to regulate in situ coal gasification that is […]
82-4-208. through 82-4-220 reserved
82-4-208 through 82-4-220 reserved.
82-4-221. Mining permit required
82-4-221. Mining permit required. (1) An operator may not engage in strip or underground mining without having first obtained from the department a permit designating the area of land affected by the operation. The designation must include all lands reasonably anticipated to be mined or otherwise affected during the applicable 5-year period. The permit must authorize […]
82-4-222. Permit application — application revisions
82-4-222. Permit application — application revisions. (1) An operator desiring a permit shall file an application that must contain a complete and detailed plan for the mining, reclamation, revegetation, and rehabilitation of the land and water to be affected by the operation. The plan must reflect thorough advance investigation and study by the operator, include all […]
82-4-223. Surety bond
82-4-223. Surety bond. (1) Before a permit may be issued, the operator shall file with the department a bond payable to the state of Montana with surety satisfactory to the department in an amount to be determined by the department of not less than $200 for each acre or fraction of an acre of the area […]
82-4-224. Repealed
82-4-224. Repealed. Sec. 1, Ch. 371, L. 1993. History: En. 50-1039.1 by Sec. 2, Ch. 538, L. 1975; R.C.M. 1947, 50-1039.1.
82-4-225. Application for increase or reduction in permit area
82-4-225. Application for increase or reduction in permit area. The department may increase or reduce the area of land affected by an operation under a permit on application by an operator, but an increase may not extend the period for which an original permit was issued. An operator may, at any time, apply to the department […]
82-4-226. Prospecting permit
82-4-226. Prospecting permit. (1) Except as provided in subsection (7), prospecting by any person on land not included in a valid strip-mining or underground-mining permit is unlawful without possessing a valid prospecting permit issued by the department as provided in this section. A prospecting permit may not be issued until the person submits an application, the […]
82-4-227. Refusal of permit — applicant violator system
82-4-227. Refusal of permit — applicant violator system. (1) An application for a prospecting, strip-mining, or underground-mining permit or major revision may not be approved by the department unless, on the basis of the information set forth in the application, in an onsite inspection, and in an evaluation of the operation by the department, the applicant […]
82-4-228. Designation of land unsuitable for coal mining
82-4-228. Designation of land unsuitable for coal mining. (1) Any person having an interest that is or may be adversely affected may petition the department to have an area designated as unsuitable for strip- or underground-coal-mining operations or to have a designation terminated. The petition shall contain allegations of facts with supporting evidence which would tend to […]
82-4-229. and 82-4-230 reserved
82-4-229 and 82-4-230 reserved.
82-4-231. Submission of and action on reclamation plan
82-4-231. Submission of and action on reclamation plan. (1) As rapidly, completely, and effectively as the most modern technology and the most advanced state of the art will allow, each operator granted a permit under this part shall reclaim and revegetate the land affected by the operation, except that underground tunnels, shafts, or other subsurface excavations […]
82-4-232. Area mining required — bond — alternative plan
82-4-232. Area mining required — bond — alternative plan. (1) (a) Area strip mining, a method of operation that does not produce a bench or fill bench, is required where strip mining is proposed. The area of land affected must be backfilled and graded to the approximate original contour of the land. However: (i) consistent with the […]
82-4-233. Planting of vegetation following grading of disturbed area
82-4-233. Planting of vegetation following grading of disturbed area. (1) The operator shall establish on regraded areas and on all other disturbed areas, except water areas, surface areas of roads, and other constructed features approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan […]