Terms defined
in 22-3-421, MCA, have the same meaning in this subchapter and for
the further purposes of this subchapter:
(1) "Action" means any
undertaking, including a project or action considered under the Montana
Environmental - Policy Act, which has the potential to alter or affect
the heritage values of heritage property or paleontological remains.
(2) "Adverse effect" means any
change caused by an action which impacts heritage property or paleontological
remains visually, audibly, physically or atmospherically to the extent that its
heritage values are substantially diminished including a transfer of rights or
title which results in the neglect of heritage property.
(3) "Anticipatory demolition"
means the willful destruction of a heritage property prior to an action.
(4) "Area of effect" means the
land area in which an action takes place and which may be changed by the
action.
(5) "Heritage values" means the
economic, educational, scientific, social, recreational, cultural or historic qualities
possessed by buildings, districts, sites, structures or objects possessing
sufficient significance to warrant consideration under these rules as heritage
property or paleontological remains.
(6) "Interested parties" include
applicants, tribes or groups directly involved in the action or landowners,
tribes, groups, agencies, or institutions with a clear and reasonable interest
in the consideration of heritage properties associated with an action.
(7) "Restore" means to conduct
major repairs, reconstruction, structural or other improvements on a
building,
district, object, site, structure or feature possessing heritage values with
the intention of preserving or reconstructing physical features representing
those values.
(8) "SHPO" means the state
historic preservation office of the Montana historical society as created by 2-15-1512,
MCA.