Board Responsibility and Action
The Board formally reviews the plan for its compliance with the Hard-Rock Mining Impact Act and the administrative rules. If a local government disagrees with any portion of the plan, the governing body may file an objection with the Hard-Rock Mining Impact Board during the 90-day review period. If the objection is not resolved through negotiation between the developer and the governing body, the Board holds a public hearing on the objection and arbitrates the dispute.
The Hard-Rock Mining Impact Board must approve the Impact Plan. The developer or an affected local government unit may petition the Board to amend an approved plan under those circumstances specified by statute or as provided in the Impact Plan itself.
A new hard rock mineral development that becomes "large-scale" after it has received its operating permit may petition the Board for a waiver from the requirements of the Act. The Board may grant a waiver or a conditional waiver or, following a public hearing, may require that an Impact Plan be prepared.
To implement the Impact Act, the Hard-Rock Mining Impact Board has adopted administrative rules beginning with 8.104.101 in the Administrative Rules of Montana (ARM). Available at: http://www.discoveringmontana.com/govt/mca_const.asp
