32.2.224 DETERMINING THE SIGNIFICANCE OF IMPACTS
(1) In order to implement 75-1-201, MCA, the
agency shall determine the significance of impacts associated with a proposed
action. This determination is the basis of the agency's decision concerning the
need to prepare an EIS and also refers to the agency's evaluation of individual
and cumulative impacts in either EAs or EISs.
The agency shall consider the following criteria in determining the
significance of each impact on the quality of the human environment:
(a) the severity, duration, geographic extent, and
frequency of occurrence of the impact;
(b) the probability that the impact will occur if
the proposed action occurs; or conversely, reasonable assurance in keeping with
the potential severity of an impact that the impact will not occur;
(c) growth-inducing or growth-inhibiting aspects
of the impact, including the relationship or contribution of the impact to
(d) the quantity and quality of each environmental
resource or value that would be affected, including the uniqueness and
fragility of those resources or values;
(e) the importance to the state and to society of
each environmental resource or value that would be affected;
(f) any precedent that would be set as a result of
an impact of the proposed action that would commit the department to future
actions with significant impacts or a decision in principle about such future
(g) potential conflict with local, state, or
federal laws, requirements, or formal plans.
(2) An impact may be adverse, beneficial, or
both. If none of the adverse effects of
the impact are significant, an EIS is not required. An EIS is required if an impact has a significant adverse effect,
even if the agency believes that the effect on balance will be beneficial.
History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 75-1-201 MCA; NEW, 2000 MAR p. 3409, Eff. 12/8/00.