Montana Title 75. Environmental Protection § 75-1-209. Agency determination of categorical exclusion

Current as of January 01, 2024 | Updated by Findlaw Staff

(1)(a) A state agency as defined in 2-4-102 shall identify actions that meet the definition of a categorical exclusion as provided in 75-1-220.

(b) A state action identified by a state agency as a categorical exclusion is exempt from the provisions of Title 75, chapter 1, parts 1 and 2.

(c) A state action determined by the state agency as meeting the requirements of a categorical exclusion under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., and 40 CFR, parts 1500 through 1508, is exempt from the provisions of Title 75, chapter 1, parts 1 and 2.

(2) For a state action identified by a state agency as a categorical exclusion, there is a rebuttable presumption that extraordinary circumstances do not exist and that neither an environmental analysis nor an environmental impact statement is required.

(3) State agencies retain all existing authority provided in Title 75, chapter 1, parts 1 and 2, to identify and adopt, as authorized by rule, categorical exclusions and programmatic environmental assessments.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Montana Title 75. Environmental Protection § 75-1-209. Agency determination of categorical exclusion - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-75-environmental-protection/mt-code-ann-sect-75-1-209/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)