{"data":{"id":"us-mt/82-4-310","jurisdiction":"us-mt","citation":"82-4-310","heading":"Exemption -- scale and type of activity.","body":"(1) A person is exempt from this part when the person is engaging in a mining activity that does not:\n(a) use motorized excavating equipment;\n(b) use blasting agents;\n(c) disturb more than 100 square feet or 50 cubic yards of material at any site;\n(d) leave unreclaimed sites that are less than 1 mile apart;\n(e) use mercury in any operations except in a contained facility that prevents the escape of any mercury into the environment; or\n(f) use a cyanide ore-processing reagent or other metal leaching solvents or reagents in any operations.\n(2) A person is exempt from this part when the person is engaging in a mining activity using a suction dredge if:\n(a) the dredge in use has an intake of 4 inches in diameter or less;\n(b) the person does not operate the dredge beyond the area of the streambed that is naturally under water at the time of operation; and\n(c) the person has obtained for the activity:\n(i) project approval pursuant to Title 75, chapter 7, part 1; and\n(ii) a discharge permit issued pursuant to 75-5-402 and has paid the applicable fee provided in 75-5-516(12).\n(3) This part does not apply to a person who, on land owned or controlled by that person, allows other persons to engage in mining activities if those activities cumulatively meet the requirements of subsection (1).","path":["TITLE 82. MINERALS, OIL, AND GAS","CHAPTER 4. RECLAMATION","Part 3. Metal Mine Reclamation"],"source_url":"https://mca.legmt.gov/bills/mca/title_0820/chapter_0040/part_0030/section_0100/0820-0040-0030-0100.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:01:05Z","sha256":"9d77e24ce26be833cb172e91d76ddef1b3f55d0c5a8cce7155dc27290039f56e","source_id":"us-mt","stale":false,"prev":"us-mt/82-4-309","next":"us-mt/82-4-311"},"notice":"GroundRules: Original legal text. Not legal advice."}