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69th Legislature 2025 HB 48.1
- 1 - Authorized Print Version – HB 48
1 HOUSE BILL NO. 48
2 INTRODUCED BY K. WALSH
3 BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING EXEMPTIONS FROM THE DAM SAFETY ACT;
6 PROVIDING THAT DAMS USED FOR PUBLIC SEWAGE AND DISPOSAL SYSTEMS ARE EXEMPT FROM
7 THE DAM SAFETY ACT; AND AMENDING SECTION 85-15-107, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 85-15-107, MCA, is amended to read:
12 "85-15-107. (1) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-
13 15-216, 85-15-305, 85-15-401, 85-15-502, and 85-15-503 do not apply to:
14 (a) dams subject to a permit issued pursuant to 82-4-335 for the period during which the dam is
15 subject to the permit;
16 (b) federal dams and reservoirs;
17 (c) dams and reservoirs licensed and subject to inspection by the federal energy regulatory
18 commission; or
19 (d) dams that are required to obtain a certificate of compliance pursuant to 75-20-201 for the
20 period during which the dam is subject to the certificate.
21 (2) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-401, 85-
22 15-502, and 85-15-503 do not apply to nonfederal dams and reservoirs located on federal lands if they are
23 subject to a dam safety review by a federal agency.
24 (3) The provisions of 85-15-305 do not apply to dams and reservoirs at a national priority list site
25 as defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980
26 (CERCLA), Public Law 96-510.
27 (4) The provisions of 85-15-108 through 85-15-110, 85-15-209 through 85-15-216, 85-15-401, 85-
28 15-502, and 85-15-503 do not apply to dams used for a public sewage system or a public sewage disposal ****
69th Legislature 2025 HB 48.1
- 2 - Authorized Print Version – HB 48
1 system as regulated by the department of environmental quality pursuant to Title 75, chapter 6, part 1, and Title
2 76, chapter 4, part 1."
3 - END -