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18.2.261    ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION

(1) The following types of actions do not individually, collectively, or cumulatively require the preparation of an environment assessment or an environmental impact statement unless the action involves one or more of the extraordinary circumstances stated in (2) below.

(a) Approval of utility installations, road approaches, and railroad crossings.

(b) Construction or improvement of bicycle and pedestrian lanes, paths and facilities and facilities for access for the handicapped.

(c) The installation of noise barriers, landscaping, fencing, signs, pavement markings, traffic signals, and railroad warning devices.

(d) Construction of, reconstruction of, or improvements to rest areas and truck weigh stations.

(e) Modernization of an existing highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders or adding auxiliary lanes for parking, turning or climbing.

(f) Highway safety or traffic operations improvement projects.

(g) Bridge rehabilitation, reconstruction, or replacement or the construction of grade separations.

(h) Changes in access control.

(i) Alterations to existing buildings.

(j) Emergency replacement or reconstruction of a highway facility after a natural disaster or catastrophic failure in order to restore the highway for the welfare and safety of the public.

(2) The preparation of an environmental assessment or an environmental impact statement will be required if the project involves any of the following extraordinary circumstances:

(a) Significant impact on publicly owned parklands, recreation areas, wildlife or waterfowl refuges or any significant historic site.

(b) Significant impact on wetlands or prime farmlands.

(c) Significant impact on the human environment that may result from large acquisitions of right-of-way, relocations of persons or businesses, changes in traffic patterns, changes in grade, or other types of changes.

(d) Significant impact on air, noise, or water quality.

(e) Substantial controversy on environmental grounds.

(f) Any other kind of significant environmental impact.

History: Sec. 75-1-103, 75-1-201, MCA; IMP, Sec. 75-1-103, 75-1-201, MCA; NEW, 1989 MAR p. 900, Eff. 7/14/89.

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