22-3-430. Avoidance and mitigation of impacts. (1) Avoidance of impacts to heritage property or paleontological remains is preferred. Avoidance may not be construed to constitute neglect of the property or anticipatory demolition.
(2) If it is not feasible to avoid impacts to heritage property or paleontological remains, a mitigation plan must be developed by the agency, in consultation with the applicant, to minimize adverse effects to the property or remains. Mitigation must be directed at the characteristics of the property that make it eligible for listing in the register. If requested by the agency, the historic preservation officer shall identify suggested mitigation actions in writing at the time that the historic preservation officer submits a proposed finding under 22-3-429.
History: En. Sec. 6, Ch. 343, L. 1995.
Structure Montana Code Annotated
Title 22. Libraries, Arts, and Antiquities
22-3-414. through 22-3-420 reserved
22-3-422. Duties of preservation review board
22-3-423. Duties of historic preservation officer
22-3-424. Duties of state agencies
22-3-425. through 22-3-427 reserved
22-3-428. Heritage property -- procedures and guidelines required
22-3-429. Requests for consultation -- public notice -- appeal of findings
22-3-430. Avoidance and mitigation of impacts
22-3-431. Registration of heritage properties
22-3-433. Environmental review process
22-3-434. Denial of applications
22-3-435. Report of discovered heritage properties or paleontological remains
22-3-436. through 22-3-440 reserved
22-3-441. Restrictions on reproduction or sale of heritage property and paleontological remains