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(1) The location of a proposed road or railroad loop must be identified on the site by visible markings prior to the commencement of construction. Construction must not proceed along dry coulees, or intermittent or perennial drainageways unless the operator demonstrates that no off-site sedimentation will result and all the requirements of this subchapter are met, or in wet, boggy, steep, or unstable areas.

(2) All roads, insofar as possible, must be located on ridges or on the available flatter and more stable slopes to minimize erosion. Stream fords are prohibited, except for temporary routes across dry, ephemeral streams that are specifically approved by the department. The department may approve crossings that will not adversely affect sedimentation or fish, wildlife, or related values, and that will not be used for hauling. Other stream crossings must be made using bridges, culverts or other structures designed and constructed to meet the requirements of this section. Roads must not be located in stream channels or be constructed or maintained in a manner that increases erosion or causes significant sedimentation or flooding. However, nothing in this section prohibits relocation of stream channels in accordance with ARM 17.24.631 through 17.24.637.


History: 82-4-205, MCA; IMP, 82-4-231, 82-4-232, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2024 MAR p. 255, Eff. 2/10/24.

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