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69th Legislature 2025 SB 472.1
- 1 - Authorized Print Version – SB 472
1 SENATE BILL NO. 472
2 INTRODUCED BY D. LOGE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING CIVIL PENALTIES UNDER THE NATURAL
5 STREAMBED AND LAND PRESERVATION ACT OF 1975; AND AMENDING SECTION 75-7-123, MCA.”
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
8
9 Section 75-7-123, MCA, is amended to read:
10 "75-7-123. (1) A person who initiates a project without written consent of the
11 supervisors, performs activities outside the scope of written consent of the supervisors, violates emergency
12 procedures provided for in 75-7-113, or violates 75-7-106 is:
13 (a) guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500; or
14 (b) subject to a civil penalty not to exceed $500 $5,000 for each day that person continues to be in
15 violation.
16 (2) Each day of a continuing violation constitutes a separate violation. The maximum civil penalty
17 is the jurisdictional amount for purposes of 3-10-301. A conservation district may work with a person who is
18 subject to a civil penalty to resolve the amount of the penalty prior to initiating an enforcement action in justice's
19 court to collect a civil penalty.
20 (3) In addition to a fine or a civil penalty under subsection (1), the person:
21 (a) shall restore, at the discretion of the court, the damaged stream, as recommended by the
22 supervisors, to as near its prior condition as possible; or
23 (b) is civilly liable for the amount necessary to restore the stream. The amount of the liability may
24 be collected in an action instituted pursuant to 3-10-301 if the amount of liability does not exceed $15,000. If the
25 amount of liability for restoration exceeds $15,000, then the action must be brought in district court.
26 (4) Money recovered by a conservation district or a county attorney, whether as a fine or a civil
27 penalty, must be deposited in the depository of district funds provided for in 76-15-523, unless upon order of a
28 justice's court the money is directed to be deposited pursuant to 3-10-601." ****
69th Legislature 2025 SB 472.1
- 2 - Authorized Print Version – SB 472
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