36.2.803    INITIAL CONSULTATION

(1) The department shall consult with SHPO early in any decision making process leading to a department action. The department's initial request to SHPO for consultation shall include the following information:

(a) a description of the proposed department action;

(b) a legal description of the state lands affected by the proposed action;

(c) a description of the previous use and classification of the lands;

(d) physical characteristics of the proposed action area, including slope, vegetation, availability of game, and proximity of water, if known, and a topographic map, if available;

(e) known antiquities and districts, sites, structures, and objects that the department determines may be antiquities on the affected state lands;

(f) the effect on known antiquities and districts, sites, structures, and objects listed pursuant to (1) (e) above; and

(g) proposed mitigation or evaluation measures to be taken by the department, if any, prior to or following the approval of the action.

(2) If the proposed action involves changes to, or removal of an existing structure, or feature, the department shall also provide the following to SHPO:

(a) photographs of the structure or feature; and

(b) information, including dates, on construction, construction materials and their origin, dimensions, previous use, alterations, integrity of setting, and physical integrity of the structure, if available.

(3) In the initial consultation, the department shall request SHPO to:

(a) determine whether the state lands to be affected by the department action have been adequately surveyed and an adequate record of antiquities and other sites, structures, and objects prepared;

(b) recommend whether a professional survey of the state lands to be affected by the department action should be conducted prior to the proposed action;

(c) determine the relative value of any districts, sites, structures, and objects identified under (1) (e) above; and

(d) review the department's proposed mitigation plan, if any, and recommend appropriate mitigation or avoidance actions, if any, necessary to protect known antiquities on state lands, including:

(i) monitoring of the proposed action;

(ii) special protective stipulations to the project approval, including data retrieval, recordation, or interpretation;

(iii) modification of project design to avoid disturbances of known antiquities sites;

(iv) abandonment of the proposed project; or

(v) data retrieval and recordation of the antiquity if the effect is unavoidable.

(4) If the department receives no consultation response from SHPO within 10 working days from delivery of its request, the department shall consider SHPO consultation complete and may proceed with consideration of the proposed department action. The department may extend this deadline for large or complex consultation requests.

History: 22-3-424, MCA; IMP, 22-3-424, MCA; NEW, 1986 MAR p. 953, Eff. 5/30/86; TRANS, from DSL, 1996 MAR p. 771.