Montana Code 82-4-351. Reasons for denial of permit
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82-4-351. Reasons for denial of permit. (1) An application for a permit or an application for an amendment to a permit may be denied for the following reasons:
Terms Used In Montana Code 82-4-351
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Reclamation plan: means the operator's written proposal, as required and approved by the department, for reclamation of the land that will be disturbed. See Montana Code 82-4-303
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(a)the plan of operation or reclamation conflicts with Title 75, chapter 2, as amended, Title 75, chapter 5, as amended, Title 75, chapter 6, as amended, or rules adopted pursuant to these laws;
(b)the reclamation plan does not provide an acceptable method for accomplishment of reclamation as required by this part.
(2)A denial of a permit must be in writing, state the reasons for denial, and be based on a preponderance of the evidence.