Conflicts between State and Development

Montana DEQ and DNRC Backlogged, Permits Court Ordered

By Lucia Stewart, 6-25-08

A month after a Helena judge ordered Montana DEQ to issue a permit to a gravel-pit developer in Gallatin County because of environmental assessment time delays, a Big Sky developer used the same court ruling in attempts to obtain a water permit from the DNRC for groundwater pumping that Fish, Wildlife, and Parks says will have negative flow affects on the Gallatin River.

The DEQ, according to the Environmental Policy Act, must complete an environmental assessment and, in accordance with the Opencut Mining Act, issue a permit within 60 days of acknowledging an application – a potential conflict in Montana laws. The Belgrade News reports the Montana DEQ currently has four staff to cover the state on open-cut mining, where currently 200 permits are awaiting approval and ES statements.

Originally, the gravel pit owners used this loophole when their expansion projects were threatened when the Gallatin County Commission considered adopting emergency interim zoning due to the sudden four gravel pit applications and being amidst the Countywide Planning and Zoning. Although hours after the permit was court ordered the Gallatin County Commissioners immediately adopted interim zoning, it was ruled the interim zoning would be exempt from the gravel pits’ permits.

In the water permit case, the Lazy J South development, a subdivision along Highway 191, was acknowledged on Feb. 13, 2007, giving the DNRC 60 days afterwards to complete an environmental assessment — a long overdue assessment. DNRC is attempting to file an appeal in the Montana Supreme Court, particularly because the Missouri Basin is a closed basin, as well as the Supreme Court ruled groundwater and surface water as the same resource two years ago.

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