Current through Register Vol. 18, September 20, 2024
(1) The department
shall consult with SHPO early in any decision making process leading to a
department action. The department's initial request to SHPO for consultation
shall include the following information:
(a)
a description of the proposed department action;
(b) a legal description of the state lands
affected by the proposed action;
(c) a description of the previous use and
classification of the lands;
(d)
physical characteristics of the proposed action area, including slope,
vegetation, availability of game, and proximity of water, if known, and a
topographic map, if available;
(e)
known antiquities and districts, sites, structures, and objects that the
department determines may be antiquities on the affected state lands;
(f) the effect on known antiquities and
districts, sites, structures, and objects listed pursuant to (1) (e) above;
and
(g) proposed mitigation or
evaluation measures to be taken by the department, if any, prior to or
following the approval of the action.
(2) If the proposed action involves changes
to, or removal of an existing structure, or feature, the department shall also
provide the following to SHPO:
(a) photographs
of the structure or feature; and
(b) information, including dates, on
construction, construction materials and their origin, dimensions, previous
use, alterations, integrity of setting, and physical integrity of the
structure, if available.
(3) In the initial consultation, the
department shall request SHPO to:
(a)
determine whether the state lands to be affected by the department action have
been adequately surveyed and an adequate record of antiquities and other sites,
structures, and objects prepared;
(b) recommend whether a professional survey
of the state lands to be affected by the department action should be conducted
prior to the proposed action;
(c)
determine the relative value of any districts, sites, structures, and objects
identified under (1) (e) above; and
(d) review the department's proposed
mitigation plan, if any, and recommend appropriate mitigation or avoidance
actions, if any, necessary to protect known antiquities on state lands,
including:
(i) monitoring of the proposed
action;
(ii) special protective
stipulations to the project approval, including data retrieval, recordation, or
interpretation;
(iii) modification
of project design to avoid disturbances of known antiquities sites;
(iv) abandonment of the proposed project;
or
(v) data retrieval and
recordation of the antiquity if the effect is unavoidable.
(4) If the department receives no
consultation response from SHPO within 10 working days from delivery of its
request, the department shall consider SHPO consultation complete and may
proceed with consideration of the proposed department action. The department
may extend this deadline for large or complex consultation requests.
22-3-424, MCA; IMP,
22-3-424,
MCA;
