Rule: 17.24.1825 Prev     Up     Next    
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Subchapter: Rules and Regulations Governing the Montana Strip and Underground Mine Siting Act
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) A suitable permanent diverse primarily native vegetative cover capable of meeting the criteria set forth in 82-4-233, MCA, shall be established on all areas of lands affected except traveled portions of railroad loops and roadways, areas of authorized water confinements, or areas where disturbance levels will preclude vegetation establishment.   Areas shall be planted or seeded during the first seasonal opportunity following completion of grading topsoil redistribution and remedial soil treatments.

(2) An operator shall establish a permanent diverse vegetative cover of predominantly native species by drill seeding or planting, by seedling transplants, by establishing sod plugs, and/or by other methods.   All methods must have prior approval by the department.

(3) The operator shall utilize certified seed of named varieties that have successfully demonstrated regional long range viability.   Locally collected seed and locally grown seedlings shall be utilized when available in sufficient quality and quantity.

(4) An operator shall plant seed of a pure and viable nature.   Unless otherwise approved by the department, seed shall be at least 90% pure.   Seeding rates shall reflect germination percentages.

(5) The operator shall consider soil, climate, and other relevant factors when planting and/or seeding to provide for the best seed germination and plant survival.

(6) All drill seeding shall be done on the contour.   When grasses, shrubs and/or forbs are seeded as a mixture they maybe drill seeded in separate rows at intervals specified in the standard soil conservation service (SCS) planting guidelines. Such mixed seedings shall be done in this manner wherever necessary to avoid deleterious competition of different vegetal types or to avoid seed distribution problems due to different seed sizes.

(7) Soil amendments shall be used as necessary to supplement the soil and to aid in the establishment of a permanent vegetative cover as specified in the approved reclamation plan or as later deemed necessary by the department.

(8) An operator shall use any other means necessary to insure the establishment of a diverse and permanent vegetative cover, including but not limited to irrigation, and fencing or other protective measures.

(9) The department may require the seeding of annual grasses and/or legumes on such areas as it deems necessary.

(10) Mulch shall be immediately applied to all areas that do not have permanent or temporary cover established when, in the opinion of the department, the grade or length of any slope presents a likelihood of substantial erosion or substantial deposition of sediment into any waters of the state.

(11) The department will annually inspect seeded areas at the end of the growing season to determine species diversity, germination and seedling take.   If the department determines that seedings are unsuccessful in terms of good germination and/or seedling take, immediate investigative action shall be taken by the operator at the request of the department to determine the cause so that alternatives can be employed to establish the desired permanent vegetative cover at the very next seasonal opportunity.   The investigative report shall be submitted along with prescribed course of corrective action prior to the next growing season.

(12) If the area affected is to be primarily utilized by domestic stock, the department may require incorporation of a grazing system after vegetation establishment to gauge stand tolerance to grazing pressure.


History: 82-4-112, MCA; IMP, 82-4-125, MCA; NEW, Eff. 4/4/75; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2024 MAR p. 260, Eff. 2/10/24.


MAR Notices Effective From Effective To History Notes
17-432E 2/10/2024 Current History: 82-4-112, MCA; IMP, 82-4-125, MCA; NEW, Eff. 4/4/75; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2024 MAR p. 260, Eff. 2/10/24.
4/4/1975 2/10/2024 History: 82-4-111, MCA; IMP, 82-4-125, MCA; NEW, Eff. 4/4/75; TRANS, from DSL, 1996 MAR p. 2852.
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