The following definitions apply to this subchapter:
(1) "Has a separate and independent value for such other purposes" means the land has a demonstrated capacity for recreation, commercial, industrial, or agricultural/timber use. That capacity is demonstrated by one of the following criteria:
(a) the filing of a certificate of survey that creates a division of the mining claim;
(b) the growth of agricultural commodities on the mining claim;
(c) the construction of a recreational or residential structure such as a summer home or commercial structure on the mining claim; or
(d) the lease of any portion of the surface area for a recreational, commercial, residential, industrial, or agricultural use.
(e) The requirements of (c) may be waived when the topography of the property is so severe that it precludes development for any purpose other than mining.
(2) "Incorporated city or town" means any municipality or county area in which the government body has complied with all incorporation provisions outlined in Title 7, MCA.
(3) "Mineral interests of the mining claim have not been depleted" means that the minerals located within the boundaries of the parcel are a vein, lode, or ledge of rock-in-place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, or a placer deposit of gold or other deposit of minerals having a commercial value.
(4) "Nonproductive land" means nonfertile land that is incapable of supporting animals or producing plant matter in commercially salable quantities.
(5) "Owner" means that the applicant and owner of record are the same individual, corporation, or partnership.
(6) "Patented" means land purchased from the federal government for the sole purpose of developing a mining operation.
History: 15-1-201, MCA; IMP, 15-6-101, 15-6-133, 15-8-111, MCA; NEW, 1987 MAR p. 106, Eff. 1/30/87; TRANS, from ARM 42.21.202, 1987 MAR p. 1214, Eff. 7/31/87; AMD, 2002 MAR p. 3723, Eff. 12/27/02; AMD, 2003 MAR p. 1888, Eff. 8/29/03; AMD, 2006 MAR p. 3103, Eff. 12/22/06; AMD, 2014 MAR p. 2994, Eff. 12/12/14.