87-5-916. Compensatory mitigation reduction or waiver. (1) Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following:
(a) a project that is located at least six-tenths of a mile from the center of an active lek but for which it is economically infeasible to be located more than 2 miles from the center of an active lek;
(b) the economic benefit to the local community and the project developer;
(c) whether the project is undertaken and completed outside of the sage grouse mating season; or
(d) whether the project involves one-time construction and does not require ongoing disturbance once completed, except for occasional routine maintenance of existing facilities.
(2) The oversight team shall provide a summary of the reasons why a reduction in or waiver of compensatory mitigation is approved or denied.
(3) Compensatory mitigation may be waived for opencut operations located outside of core areas and at least six-tenths of a mile from the center of an active lek if the permit pursuant to 82-4-431 is held by a county, city, or town in the state.
History: En. Sec. 2, Ch. 267, L. 2019; Sec. 76-22-116, MCA 2019; redes. 87-5-916 by Sec. 3, Ch. 326, L. 2021; amd. Sec. 1, Ch. 428, L. 2021.