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(1) For the purpose of 82-4-227 (13) , MCA, the following definitions apply:

(a) "valid existing rights" has the same definition as the definition of the term contained in 30 CFR 761.5 (2003) , which is incorporated by reference into this rule. Copies of 30 CFR 761.5 may be obtained from the department at its Helena office.

(b) "valid existing rights" does not mean mere expectation of a right to conduct strip or underground coal mining. Examples of rights which alone do not constitute valid existing rights include, but are not limited to, coal prospecting permits or licenses, applications or bids for leases, or where a person has only applied for a state or federal permit;

(c) "occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation;

(d) "public building" means any structure that is owned or leased by a public agency and used principally for public business, meetings, or other group gatherings;

(e) "community or institutional building" means any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental-health or physical health care facility; or is used for public service, including, but not limited to, water supply, power generation or sewage treatment;

(f) "public park" means an area dedicated or designated by any federal, state, or local agency for public recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved or held open to the public because of that use;

(g) "public road" means a street, road, or highway, and any related structure, that has been or will be built and maintained with appropriated funds of the United States; that has been or will be built and maintained with funds of the state of Montana or any political subdivision thereof; that has been or will be dedicated to public use; or that has been acquired by eminent domain or adverse use by the public, jurisdiction having been assumed by the state or any political subdivision thereof.  (h) "cemetery" means any area of land where human bodies are interred.

(2) For purposes of 82-4-227 (7) , MCA, all distances must be measured horizontally.

History: 82-4-204, MCA; IMP, 82-4-227, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04.

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