Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.6 - Strip and Underground Mine Reclamation Act: Transportation Facilities, Use of Explosives, and Hydrology
Rule 17.24.651 - STREAM CHANNEL DISTURBANCES AND BUFFER ZONES
Current through Register Vol. 6, March 22, 2024
(1) No land within 100 feet of a perennial stream or intermittent stream or a stream reach with a biological community determined according to (3) may be disturbed by strip or underground mining operations, nor may the stream itself be disturbed, except as approved in accordance with ARM 17.24.634 through 17.24.637 and 17.24.751, upon finding by the department that:
(2) Any area not to be disturbed must be designated a buffer zone and marked as specified in ARM 17.24.524.
(3) A stream with a biological community is determined by the existence in the stream of an assemblage of two or more species of fish, amphibians, arthropods or mollusk that are:
AUTH: 82-4-205, MCA; IMP: 82-4-231, 82-4-232, MCA