Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas
Rule 17.24.1132 - AREAS UPON WHICH COAL MINING IS PROHIBITED: DEFINITIONS AND STANDARD FOR MEASUREMENT OF DISTANCES
Universal Citation: MT Admin Rules 17.24.1132
Current through Register Vol. 6, March 22, 2024
(1) For the purpose of 82-4-227(13), MCA, the following definitions apply:
(a)
"valid existing rights" has the same definition as the definition of the term
contained in 30 CFR
761.5 (2003), which is incorporated by
reference into this rule. Copies of
30 CFR
761.5 may be obtained from the department at
its Helena office.
(b) "valid
existing rights" does not mean mere expectation of a right to conduct strip or
underground coal mining. Examples of rights which alone do not constitute valid
existing rights include, but are not limited to, coal prospecting permits or
licenses, applications or bids for leases, or where a person has only applied
for a state or federal permit;
(c)
"occupied dwelling" means any building that is currently being used on a
regular or temporary basis for human habitation;
(d) "public building" means any structure
that is owned or leased by a public agency and used principally for public
business, meetings, or other group gatherings;
(e) "community or institutional building"
means any structure, other than a public building or an occupied dwelling,
which is used primarily for meetings, gatherings or functions of local civic
organizations or other community groups; functions as an educational, cultural,
historic, religious, scientific, correctional, mental-health or physical health
care facility; or is used for public service, including, but not limited to,
water supply, power generation or sewage treatment;
(f) "public park" means an area dedicated or
designated by any federal, state, or local agency for public recreational use,
whether or not such use is limited to certain times or days, including any land
leased, reserved or held open to the public because of that use;
(g) "public road" means a street, road, or
highway, and any related structure, that has been or will be built and
maintained with appropriated funds of the United States; that has been or will
be built and maintained with funds of the state of Montana or any political
subdivision thereof; that has been or will be dedicated to public use; or that
has been acquired by eminent domain or adverse use by the public, jurisdiction
having been assumed by the state or any political subdivision
thereof.
(h) "cemetery" means any
area of land where human bodies are interred.
(2) For purposes of 82-4-227(7), MCA, all distances must be measured horizontally.
AUTH: 82-4-205, MCA; IMP: 82-4-227, MCA
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