12.2.454    ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION

(1) The following types of actions do not individually, collectively, or cumulatively require the preparation of an environmental assessment or an environmental impact statement unless the action involves one or more of the extraordinary circumstances stated in (2) below:

(a) construction of riparian fences to protect streambanks;

(b) minor improvements in fish habitat by placement of habitat improvement structures;

(c) removal or modification of man-made obstructions in stream channels to provide or improve fish passage or to prevent loss of fish into diversions;

(d) clean up of trash or debris in the river corridor;

(e) vegetative bank stabilization projects;

(f) spawning channel development to provide additional habitat for reproduction;

(g) inventory, survey or engineering activities for design or development of plans for river restoration and future fisheries improvement program projects;

(h) maintenance or repair of existing river restoration and future fisheries improvement program projects;

(i) improvement in fish habitat in lakes or reservoirs that do not pose a hazard to navigation.

(2) The preparation of an environmental assessment or an environmental impact statement will be required if the project involves any of the following:

(a) significant impacts to publicly owned parklands, recreation areas, wildlife refuges or significant historic sites;

(b) disturbance to a streambed that is significant enough to require a temporary exemption from water quality standards for turbidity;

(c) significant impact on air, noise, or water quality;

(d) significant impact on the human environment that may result in relocations of persons or business;

(e) substantial controversy on environmental grounds;

(f) any other kind of significant environmental impact, including cumulative or secondary impacts.

History: Sec. 2-3-103, 2-4-201 MCA; IMP, Sec. 2-3-104, 75-1-201 MCA; NEW, 1994 MAR p. 2129, Eff. 8/12/94; AMD, 1996 MAR p. 153, Eff. 1/12/96.