Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Chapter 4. Reclamation

82-4-126. When information may be used to meet strip-mining or underground-mining permit requirements - 82-4-126. When information may be used to meet strip-mining or...

82-4-127. Effect of siting permit on subsequent mining permits - 82-4-127. Effect of siting permit on subsequent mining permits. When...

82-4-128. Termination of permit - 82-4-128. Termination of permit. A mine-site location permit granted by...

82-4-129. Noncompliance -- suspension of permits - 82-4-129. Noncompliance -- suspension of permits. (1) If any of...

82-4-130. Procedure for hearings - 82-4-130. Procedure for hearings. (1) A person aggrieved by a...

82-4-131. through 82-4-140 reserved - 82-4-131 through 82-4-140 reserved.

82-4-141. Violation -- penalty - 82-4-141. Violation -- penalty. (1) A person or operator who...

82-4-142. Mandamus to compel enforcement - 82-4-142. Mandamus to compel enforcement. (1) A resident of this...

Part 2. Coal and Uranium Mine Reclamation

82-4-201. Short title - 82-4-201. Short title. This part shall be known and may...

82-4-202. Intent -- policy -- findings - 82-4-202. Intent -- policy -- findings. (1) The legislature, mindful...

82-4-203. Definitions - 82-4-203. Definitions. Unless the context requires otherwise, in this part,...

82-4-204. Repealed - 82-4-204. Repealed. Sec. 111, Ch. 324, L. 2021. History: En....

82-4-205. Administration by department and board - 82-4-205. Administration by department and board. (1) The department shall...

82-4-206. Procedure for contested case hearings - 82-4-206. Procedure for contested case hearings. (1) An applicant, permittee,...

82-4-207. Rulemaking -- in situ coal gasification - 82-4-207. Rulemaking -- in situ coal gasification. (1) Within 1...

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...

82-4-222. Permit application -- application revisions - 82-4-222. Permit application -- application revisions. (1) An operator desiring...

82-4-223. Surety bond - 82-4-223. Surety bond. (1) Before a permit may be issued,...

82-4-224. Repealed - 82-4-224. Repealed. Sec. 1, Ch. 371, L. 1993. History: En....

82-4-225. Application for increase or reduction in permit area - 82-4-225. Application for increase or reduction in permit area. The...

82-4-226. Prospecting permit - 82-4-226. Prospecting permit. (1) Except as provided in subsection (7),...

82-4-227. Refusal of permit -- applicant violator system - 82-4-227. Refusal of permit -- applicant violator system. (1) An...

82-4-228. Designation of land unsuitable for coal mining - 82-4-228. Designation of land unsuitable for coal mining. (1) Any...

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...

82-4-232. Area mining required -- bond -- alternative plan - 82-4-232. Area mining required -- bond -- alternative plan. (1)...

82-4-233. Planting of vegetation following grading of disturbed area - 82-4-233. Planting of vegetation following grading of disturbed area. (1)...

82-4-234. Commencement of reclamation - 82-4-234. Commencement of reclamation. The operator shall commence the reclamation...

82-4-235. Determination of successful revegetation -- final bond release - 82-4-235. Determination of successful revegetation -- final bond release. (1)...

82-4-236. Vegetation as property of landowner - 82-4-236. Vegetation as property of landowner. All vegetation that is...

82-4-237. Operator to file annual reports - 82-4-237. Operator to file annual reports. (1) An operator shall...

82-4-238. Successor operator - 82-4-238. Successor operator. When one operator succeeds another at an...

82-4-239. Reclamation - 82-4-239. Reclamation. (1) The department may have reclamation work done...

82-4-240. Reclamation of lands after bond forfeited - 82-4-240. Reclamation of lands after bond forfeited. In keeping with...

82-4-241. Receipts paid into general fund -- disposition of bond forfeiture money - 82-4-241. Receipts paid into general fund -- disposition of bond...

82-4-242. Funds received by department - 82-4-242. Funds received by department. The department may receive any...

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

82-4-244. Coal and uranium mine permitting and reclamation program account - 82-4-244. Coal and uranium mine permitting and reclamation program account....

82-4-245. through 82-4-249 reserved - 82-4-245 through 82-4-249 reserved.

82-4-250. Operating permit revocation -- permit transfer - 82-4-250. Operating permit revocation -- permit transfer. (1) An operating...

82-4-251. Noncompliance -- suspension of permits - 82-4-251. Noncompliance -- suspension of permits. (1) If it is...

82-4-252. Mandamus - 82-4-252. Mandamus. (1) A resident of this state or any...

82-4-253. Suit for damage to water supply - 82-4-253. Suit for damage to water supply. (1) An owner...

82-4-254. Violation -- penalty -- waiver - 82-4-254. Violation -- penalty -- waiver. (1) (a) Except as...

Part 3. Metal Mine Reclamation

82-4-301. Legislative intent and findings - 82-4-301. Legislative intent and findings. (1) The legislature, mindful of...

82-4-302. Purpose - 82-4-302. Purpose. (1) The purposes of this part are to:...

82-4-303. Definitions - 82-4-303. Definitions. As used in this part, unless the context...

82-4-304. Exemption -- works performed prior to promulgation of rules - 82-4-304. Exemption -- works performed prior to promulgation of rules....

82-4-305. Exemption -- small miners -- written agreement - 82-4-305. Exemption -- small miners -- written agreement. (1) Except...

82-4-306. Confidentiality of application information - 82-4-306. Confidentiality of application information. (1) Except as provided in...

82-4-307. Review of existing files - 82-4-307. Review of existing files. Existing departmental files shall be...

82-4-308. Release by waiver - 82-4-308. Release by waiver. An applicant may release the department...

82-4-309. Exemption -- operations on federal lands - 82-4-309. Exemption -- operations on federal lands. This part does...

82-4-310. Exemption -- scale and type of activity - 82-4-310. Exemption -- scale and type of activity. (1) A...

82-4-311. Disposition of fees, fines, penalties, and other uncleared money - 82-4-311. Disposition of fees, fines, penalties, and other uncleared money....

82-4-312. Hard-rock mining reclamation debt service fund - 82-4-312. Hard-rock mining reclamation debt service fund. (1) There is...

82-4-313. Hard-rock mining reclamation bonds - 82-4-313. Hard-rock mining reclamation bonds. (1) When authorized by the...

82-4-314. Authorization for sale of hard-rock mining reclamation bonds - 82-4-314. Authorization for sale of hard-rock mining reclamation bonds. The...

82-4-315. Hard-rock mining reclamation special revenue account - 82-4-315. Hard-rock mining reclamation special revenue account. (1) There is...

82-4-316. through 82-4-320 reserved - 82-4-316 through 82-4-320 reserved.

82-4-321. Administration - 82-4-321. Administration. The department is charged with the responsibility of...

82-4-322. Investigations, research, and experiments - 82-4-322. Investigations, research, and experiments. The department shall have the...

82-4-323. Interagency cooperation -- receipt and expenditure of funds - 82-4-323. Interagency cooperation -- receipt and expenditure of funds. The...

82-4-324. through 82-4-330 reserved - 82-4-324 through 82-4-330 reserved.

82-4-331. Exploration license required -- employees included -- limitation - 82-4-331. Exploration license required -- employees included -- limitation. (1)...

82-4-332. Exploration license - 82-4-332. Exploration license. (1) An exploration license must be issued...

82-4-333. Repealed - 82-4-333. Repealed. Sec. 8, Ch. 588, L. 1979. History: En....

82-4-334. Exception -- geological phenomena - 82-4-334. Exception -- geological phenomena. Upon proper application by the...

82-4-335. Operating permit -- limitation -- fees - 82-4-335. Operating permit -- limitation -- fees. (1) A person...

82-4-336. Reclamation plan and specific reclamation requirements - 82-4-336. Reclamation plan and specific reclamation requirements. (1) Taking into...

82-4-337. Inspection -- issuance of operating permit -- modification, amendment, or revision - 82-4-337. Inspection -- issuance of operating permit -- modification, amendment,...

82-4-338. Performance bond - 82-4-338. Performance bond. (1) (a) An applicant for an exploration...

82-4-339. Annual report of activities by permittee -- fee -- notice of large-scale mineral developer status - 82-4-339. Annual report of activities by permittee -- fee --...

82-4-340. Successor operator - 82-4-340. (Temporary) Successor operator. (1) When one operator succeeds to...

82-4-341. Compliance -- reclamation by department - 82-4-341. (Temporary) Compliance -- reclamation by department. (1) The department...

82-4-342. Amendment to operating permits - 82-4-342. Amendment to operating permits. (1) During the term of...

82-4-343. Operating permit -- rock products -- fees - 82-4-343. Operating permit -- rock products -- fees. (1) A...

82-4-344. through 82-4-348 reserved - 82-4-344 through 82-4-348 reserved.

82-4-349. Limitations of actions -- venue - 82-4-349. Limitations of actions -- venue. (1) Legal actions seeking...

82-4-350. Award of costs and attorney fees - 82-4-350. Award of costs and attorney fees. When issuing a...

82-4-351. Reasons for denial of permit - 82-4-351. Reasons for denial of permit. (1) An application for...

82-4-352. Reapplication with new reclamation plan - 82-4-352. Reapplication with new reclamation plan. A permit may be...

82-4-353. Administrative remedies -- notice -- appeals -- parties - 82-4-353. (Temporary) Administrative remedies -- notice -- appeals -- parties....

82-4-354. Mandamus to compel enforcement - 82-4-354. Mandamus to compel enforcement. (1) A person having an...

82-4-355. Action for damages to water supply -- replacement - 82-4-355. Action for damages to water supply -- replacement. (1)...

82-4-356. Action in response to complaints related to use of explosives - 82-4-356. Action in response to complaints related to use of...

82-4-357. Abatement of environmental emergencies - 82-4-357. Abatement of environmental emergencies. (1) Whenever an environmental emergency...

82-4-358. and 82-4-359 reserved - 82-4-358 and 82-4-359 reserved.

82-4-360. When activity prohibited -- exception - 82-4-360. When activity prohibited -- exception. (1) Except as provided...

82-4-361. Violation -- penalties -- waiver - 82-4-361. Violation -- penalties -- waiver. (1) When the department...

82-4-362. Suspension of permits -- hearing - 82-4-362. Suspension of permits -- hearing. (1) If any of...

82-4-363. through 82-4-366 reserved - 82-4-363 through 82-4-366 reserved.

82-4-367. Long-term or perpetual water treatment permanent trust fund - 82-4-367. Long-term or perpetual water treatment permanent trust fund. (1)...

82-4-368. through 82-4-370 reserved - 82-4-368 through 82-4-370 reserved.

82-4-371. Reclamation of abandoned mine sites - 82-4-371. Reclamation of abandoned mine sites. (1) Agents, employees, or...

82-4-372. Filing of lien for abandoned mine reclamation project - 82-4-372. Filing of lien for abandoned mine reclamation project. (1)...

82-4-373. and 82-4-374 reserved - 82-4-373 and 82-4-374 reserved.

82-4-375. Engineer of record -- duties - 82-4-375. Engineer of record -- duties. (1) An operator with...

82-4-376. Tailings storage facility -- design document -- fee - 82-4-376. Tailings storage facility -- design document -- fee. (1)...

82-4-377. Independent review panel -- selection -- duties - 82-4-377. Independent review panel -- selection -- duties. (1) An...

82-4-378. Quality assurance during construction - 82-4-378. Quality assurance during construction. (1) An operator constructing a...

82-4-379. Tailings operation, maintenance, and surveillance manual - 82-4-379. Tailings operation, maintenance, and surveillance manual. (1) A tailings...

82-4-380. Periodic review required - 82-4-380. Periodic review required. (1) At least once every 5...

82-4-381. Annual inspections - 82-4-381. Annual inspections. (1) The engineer of record shall inspect...

82-4-382. through 82-4-389 reserved - 82-4-382 through 82-4-389 reserved.

82-4-390. Cyanide heap and vat leach open-pit gold and silver mining prohibited - 82-4-390. Cyanide heap and vat leach open-pit gold and silver...

Part 4. Opencut Mining Reclamation

82-4-401. Short title - 82-4-401. Short title. This part shall be known and may...

82-4-402. Intent, findings, and policy - 82-4-402. Intent, findings, and policy. (1) The legislature, mindful of...

82-4-403. Definitions - 82-4-403. Definitions. When used in this part, unless a different...

82-4-404. Exemption -- operations covered by metal mine reclamation - 82-4-404. Exemption -- operations covered by metal mine reclamation. Nothing...

82-4-405. Inapplicability to government - 82-4-405. Inapplicability to government. The provisions of this part relating...

82-4-406. Exemption -- opencut operations on federal and state lands - 82-4-406. Exemption -- opencut operations on federal and state lands....

82-4-407. through 82-4-420 reserved - 82-4-407 through 82-4-420 reserved.

82-4-421. Repealed - 82-4-421. Repealed. Sec. 18, Ch. 385, L. 2007. History: En....

82-4-422. Powers, duties, and functions - 82-4-422. Powers, duties, and functions. (1) The department has the...

82-4-423. Repealed - 82-4-423. Repealed. Sec. 18, Ch. 385, L. 2007. History: En....

82-4-424. Receipt and expenditure of funds -- disposition of penalties and other money - 82-4-424. Receipt and expenditure of funds -- disposition of penalties...

82-4-425. Inspection of opencut operations - 82-4-425. Inspection of opencut operations. The department or its representatives...

82-4-426. Reclamation of land on which bond forfeited - 82-4-426. Reclamation of land on which bond forfeited. In keeping...

82-4-427. Hearing -- appeal -- venue - 82-4-427. Hearing -- appeal -- venue. (1) (a) Subject to...

82-4-428. through 82-4-430 reserved - 82-4-428 through 82-4-430 reserved.

82-4-431. Permit for mining, processing, and reclamation required - 82-4-431. Permit for mining, processing, and reclamation required. (1) Except...

82-4-432. Application for permit -- contents -- issuance -- amendment - 82-4-432. Application for permit -- contents -- issuance -- amendment....

82-4-433. Bond - 82-4-433. Bond. (1) Before a permit or permit amendment may...

82-4-434. Plan of operation -- requirements - 82-4-434. Plan of operation -- requirements. (1) The department shall...

82-4-435. Repealed - 82-4-435. Repealed. Sec. 2, Ch. 113, L. 1981. History: En....

82-4-436. Plan amendments by department - 82-4-436. Plan amendments by department. (1) Unless an amendment to...

82-4-437. Annual report -- fees - 82-4-437. Annual report -- fees. (1) For each opencut operation,...

82-4-438. Opencut fund -- use of fund - 82-4-438. Opencut fund -- use of fund. (1) There is...

82-4-439. Extended review -- criteria -- timeframes - 82-4-439. Extended review -- criteria -- timeframes. (1) The department...

82-4-440. Repealed - 82-4-440. Repealed. Sec. 7, Ch. 545, L. 2021. History: En....

82-4-441. Administrative and judicial penalties -- enforcement - 82-4-441. Administrative and judicial penalties -- enforcement. (1) When the...

82-4-442. Suspension and revocation orders - 82-4-442. Suspension and revocation orders. (1) (a) The department may,...

82-4-443. and 82-4-444 reserved - 82-4-443 and 82-4-444 reserved.

82-4-445. Reclamation of abandoned mine sites - 82-4-445. Reclamation of abandoned mine sites. (1) Agents, employees, or...

82-4-446. Filing of lien for abandoned mine reclamation project - 82-4-446. Filing of lien for abandoned mine reclamation project. (1)...

Part 10. Penalties, Fees, and Interest

82-4-1001. Penalty factors - 82-4-1001. Penalty factors. (1) In determining the amount of an...

82-4-1002. Collection of penalties, fees, late fees, and interest - 82-4-1002. Collection of penalties, fees, late fees, and interest. (1)...

82-4-1003. through 82-4-1005 reserved - 82-4-1003 through 82-4-1005 reserved.

82-4-1006. Abandoned mine reclamation account - 82-4-1006. Abandoned mine reclamation account. (1) There is an abandoned...

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Montana Code Annotated Title 82. Minerals, Oil, and Gas Chapter 4. Reclamation

Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Chapter 4. Reclamation