(1) The board will grant a waiver or a conditional waiver of
the impact plan requirement to a large-scale mineral development
permittee, as authorized by 90-6-307(14) , MCA, if:
(a) The permittee and the governing bodies
of all potentially affected local government units, as identified by the board
and the affected county or counties, notify the board in writing that:
(i) they do not anticipate a need to increase
local government services and facilities as a result of the increase in
employment identified in the permittee's annual report to the department of
state lands; or
(ii) the anticipated increase in need for
services and facilities is not expected to result in an increase in local
government costs to the non-developer taxpayer, or that such costs will
be paid by the developer under the terms of the conditional waiver;
(b) No potentially affected local
government unit requests the board to deny the waiver or to require an impact
plan; or
(c) Following a public hearing on the
proposed waiver, or notice and opportunity for hearing, the board considers it
unlikely that adverse fiscal impacts will affect any local government unit,
either as a result of the increase in employment identified in the permittee's
annual report, as required by 82-4-339, MCA, or as a result of the
associated changes in the mining operation.
(2) Following its decision, the board will
provide a copy of the waiver, conditional waiver or denial of waiver to the
department of state lands, the permittee and the potentially affected local
government units identified by the board and the affected county or counties
for purposes of 90-6-307(14) , MCA.