Mont. Admin. r. 36.2.802 - DEFINITION OF TERMS
As used in this sub-chapter, unless the context clearly indicates otherwise, the additional definitions apply:
(1) "Antiquities" means heritage properties
or paleontological remains.
(2)
"Department" means the Montana department of natural resources and
conservation.
(3) "Effect" means a
change in the integrity of location, design, materials, workmanship, feeling or
association of an antiquity that contributes to its significance. The term
includes isolation from or alteration of the surrounding environment, neglect
of the property resulting in its deterioration or destruction, transfer or sale
without adequate conditions or restrictions regarding preservation, maintenance
or use, and destruction or alteration, either partial or total. For heritage
properties only, the term includes introduction of visual, audible or
atmospheric elements that are out of character with the property or alter its
setting.
(4) "Emergency actions"
include, but are not limited to:
(a) projects
to repair or restore property or facilities damaged or destroyed as a result of
a disaster when a disaster has been declared by the governor or other
appropriate government entity;
(b)
repairs to public service facilities necessary to maintain service;
or
(c) projects, whether public or
private, undertaken to prevent or mitigate immediate threats to public health,
safety, welfare, or the environment.
(5) "Department action" means the
department's decision to deny or approve an application for an easement, lease,
or other certificate necessary for conducting activity upon or beneath the
surface of state lands or under water on state lands if the approved activity
will or might have an effect on antiquities or the department decision to
proceed with an action that will or might have an effect on antiquities.
"Department action" does not include decisions regarding a state mineral estate
where the surface estate is not in state ownership.
(6) "Known antiquities" means antiquities on
record with SHPO, the department, or the Montana statewide archeology
files.
(7) "Heritage property"
means any district, site, building, structure or object located upon or beneath
the earth or under water that is significant in American history, architecture,
archaeology or culture.
(8)
"Paleontological remains" means fossilized plants and animals of a geological
nature found upon or beneath the earth or under water which are rare and
critical to scientific research.
(9) "SHPO" means the historic preservation
office provided for in
2-15-1512, MCA.
(10) "Significant" as used in (7) above,
means the quality in American history, architecture, archeology, or culture
that is present in districts, sites, structures, or objects of state and local
importance that possess integrity of location, design, setting, materials,
workmanship, feeling, and association and:
(a)
that are associated with events that have made a significant contribution to
the broad patterns of our history;
(b) that are associated with the lives of
persons significant in our past;
(c) that embody the distinctive
characteristics of a type, period, or method of construction, or that represent
the work of a master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual
distinction; or
(d) that have
yielded, or may be likely to yield, information important in prehistory or
history.
Notes
22-3-424, MCA; IMP, 22-3-421, MCA;
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