Montana Code Annotated 2021



Part 3. Decisions

Conditions Imposed

75-20-302. Conditions imposed. (1) If the department determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon the modification, provided that the department consulted the applicant and the persons residing in the area affected by the modification have been given reasonable notice of the modification.

(2) The department may require the applicant to post performance bonds to guarantee successful reclamation and revegetation of the project area.

(3) For a common carrier pipeline as described in 69-13-101, the department shall condition a certificate to provide that for any land, rights-of-way, or easements, the location of any heritage properties or paleontological remains on or beneath land, rights-of-way, or easements for the common carrier pipeline is confidential and may not be disclosed.

(4) For purposes of this section, the following definitions apply:

(a) "Heritage property" has the meaning provided in 22-3-421.

(b) "Paleontological remains" has the meaning provided in 22-3-421.

History: En. Sec. 10, Ch. 327, L. 1973; amd. Sec. 10, Ch. 494, L. 1975; R.C.M. 1947, 70-810(2); amd. Sec. 16, Ch. 676, L. 1979; amd. Sec. 1, Ch. 155, L. 1985; amd. Sec. 228, Ch. 418, L. 1995; amd. Sec. 541, Ch. 546, L. 1995; amd. Sec. 16, Ch. 329, L. 1997; amd. Sec. 3, Ch. 280, L. 2017; amd. Sec. 2, Ch. 296, L. 2017.