{"data":{"id":"us-mt/87-5-916","jurisdiction":"us-mt","citation":"87-5-916","heading":"Compensatory mitigation reduction or waiver.","body":"(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:\n(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;\n(b) the economic benefit to the local community and the project developer;\n(c) whether the project is undertaken and completed outside of the sage grouse mating season; or\n(d) whether the project involves one-time construction and does not require ongoing disturbance once completed, except for occasional routine maintenance of existing facilities.\n(2) The oversight team shall provide a summary of the reasons why a reduction in or waiver of compensatory mitigation is approved or denied.\n(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.","path":["TITLE 87. FISH AND WILDLIFE","CHAPTER 5. WILDLIFE PROTECTION","Part 9. Montana Greater Sage-Grouse Stewardship Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0870/chapter_0050/part_0090/section_0160/0870-0050-0090-0160.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T05:01:47Z","sha256":"c40169188c64a5ac5d7f477cf8fb6755524a8b75a8f4efc64496dfd1a007bf2e","source_id":"us-mt","stale":false,"prev":"us-mt/87-5-915","next":"us-mt/87-5-917"},"notice":"GroundRules: Original legal text. Not legal advice."}