1. MCA Contents
  2. TITLE 85
  3. CHAPTER 15
  4. Part 1
  5. 85-15-107 Exemptions

Montana Code Annotated 2023

TITLE 85. WATER USE

CHAPTER 15. DAM SAFETY ACT

Part 1. General Provisions

Exemptions

85-15-107. Exemptions. (1) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-305, 85-15-401, 85-15-502, and 85-15-503 do not apply to:

(a) dams subject to a permit issued pursuant to 82-4-335 for the period during which the dam is subject to the permit;

(b) federal dams and reservoirs;

(c) dams and reservoirs licensed and subject to inspection by the federal energy regulatory commission; or

(d) dams that are required to obtain a certificate of compliance pursuant to 75-20-201 for the period during which the dam is subject to the certificate.

(2) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-401, 85-15-502, and 85-15-503 do not apply to nonfederal dams and reservoirs located on federal lands if they are subject to a dam safety review by a federal agency.

(3) The provisions of 85-15-305 do not apply to dams and reservoirs at a national priority list site as defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Public Law 96-510.

History: En. 89-702.2 by Sec. 3, Ch. 335, L. 1975; R.C.M. 1947, 89-702.2; amd. Sec. 5, Ch. 501, L. 1985; Sec. 85-15-104, MCA 1983; redes. 85-15-107 by Code Commissioner, 1985; amd. Sec. 1, Ch. 159, L. 1987; amd. Sec. 2, Ch. 366, L. 1991; amd. Sec. 1, Ch. 612, L. 1993; amd. Sec. 17, Ch. 217, L. 2003.