Montana Code § 85-15-107

Exemptions
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85-15-107 . Exemptions. (1) The provisions of 85-15-108 through 85-15-110 , 85-15-209 through 85-15-216 , 85-15-305 , 85-15-401 , 85-15-502 , and 85-15-503 do not apply to: (a) dams subject to a permit issued pursuant to 82-4-335 for the period during which the dam is subject to the permit; (b) federal dams and reservoirs; (c) dams and reservoirs licensed and subject to inspection by the federal energy regulatory commission; or (d) dams that are required to obtain a certificate of compliance pursuant to 75-20-201 for the period during which the dam is subject to the certificate. (2) The provisions of 85-15-108 through 85-15-110 , 85-15-209 through 85-15-216 , 85-15-401 , 85-15-502 , and 85-15-503 do not apply to nonfederal dams and reservoirs located on federal lands if they are subject to a dam safety review by a federal agency. (3) The provisions of 85-15-305 do not apply to dams and reservoirs at a national priority list site as defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Public Law 96-510. (4) The provisions of 85-15-108 through 85-15-110 , 85-15-209 through 85-15-216 , 85-15-401 , 85-15-502 , and 85-15-503 do not apply to dams used for a public sewage system or a public sewage disposal system as regulated by the department of environmental quality pursuant to Title 75, chapter 6, part 1, and Title 76, chapter 4, part 1.

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