{"data":{"id":"us-mt/75-7-123","jurisdiction":"us-mt","citation":"75-7-123","heading":"Penalties -- restoration.","body":"(1) A person who initiates a project without written consent of the supervisors, performs activities outside the scope of written consent of the supervisors, violates emergency procedures provided for in 75-7-113, or violates 75-7-106 is:\n(a) guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500; or\n(b) subject to a civil penalty not to exceed $500 for each day that person continues to be in violation.\n(2) Each day of a continuing violation constitutes a separate violation. The maximum civil penalty is the jurisdictional amount for purposes of 3-10-301. A conservation district may work with a person who is subject to a civil penalty to resolve the amount of the penalty prior to initiating an enforcement action in justice's court to collect a civil penalty.\n(3) In addition to a fine or a civil penalty under subsection (1), the person:\n(a) shall restore, at the discretion of the court, the damaged stream, as recommended by the supervisors, to as near its prior condition as possible; or\n(b) is civilly liable for the amount necessary to restore the stream. The amount of the liability may be collected in an action instituted pursuant to 3-10-301 if the amount of liability does not exceed $15,000. If the amount of liability for restoration exceeds $15,000, then the action must be brought in district court.\n(4) Money recovered by a conservation district or a county attorney, whether as a fine or a civil penalty, must be deposited in the depository of district funds provided for in 76-15-523, unless upon order of a justice's court the money is directed to be deposited pursuant to 3-10-601.","path":["TITLE 75. ENVIRONMENTAL PROTECTION","CHAPTER 7. AQUATIC ECOSYSTEM PROTECTIONS","Part 1. Streambeds"],"source_url":"https://mca.legmt.gov/bills/mca/title_0750/chapter_0070/part_0010/section_0230/0750-0070-0010-0230.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:44Z","sha256":"e0346de9fd712192ea05c72d857de68a8994a6aa46750ac816fb0e04fd4d943d","source_id":"us-mt","stale":false,"prev":"us-mt/75-7-122","next":"us-mt/75-7-124"},"notice":"GroundRules: Original legal text. Not legal advice."}