Montana Code Annotated 2023



Part 2. Coal and Uranium Mine Reclamation


82-4-243. Subsidence. (1) The permittee of an underground coal mining operation shall:

(a) promptly repair or compensate for material damage to any occupied residential dwelling and related structures and to any noncommercial building resulting from subsidence caused by an underground coal mining operation. Repair of damage includes rehabilitation, restoration, or replacement. Compensation must be provided to the owner of the damaged property and must be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid insurance policy.

(b) promptly replace any drinking, domestic, or residential water supply from a well or spring that was in existence prior to the application for the permit pursuant to 82-4-222 and that has been affected by contamination, diminution, or interruption resulting from the underground coal mining operation.

(2) This section may not be construed to prohibit or interrupt an underground coal mining operation.

(3) This section does not abrogate, impair, or diminish any right or remedy granted under another provision of this part or any other law.

History: En. Sec. 1, Ch. 196, L. 1997.