UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT IF THE MAJORITY OF PERSONS SUBMITTING WRITTEN OR ORAL COMMENT TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS IS OPPOSED TO THE DEPARTMENT'S PROPOSED IMPROVEMENT OR DEVELOPMENT OF A STATE PARK OR FISHING ACCESS SITE, THE DEPARTMENT MAY NOT PROCEED WITH THE IMPROVEMENT OR DEVELOPMENT UNTIL CERTAIN CONDITIONS ARE MET; PROVIDING AN EXCEPTION FOR MAINTENANCE, WEED CONTROL, AND NECESSARY SANITARY AND SAFETY MEASURES; REQUIRING THE DEPARTMENT TO REPORT TO THE PUBLIC THE POTENTIAL IMPACTS ON EXISTING USES AND USERS; AND AMENDING SECTION 23-1-110, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 23-1-110, MCA, is amended to read:
"23-1-110. Improvement or development of state park or fishing access site -- required public involvement --
rules. (1) The fish, wildlife, and parks commission shall adopt rules establishing a policy whereby in which any proposed
improvement or development of a state park or fishing access site that significantly changes park or fishing access site
features or use patterns is subject to notice of proposed modifications, both statewide and locally, and to an opportunity for a
public meeting and public comment on the advisability and acceptability of the proposal.
(2) The department shall prepare a public report regarding any project that is subject to the provisions of subsection (1). The report must include conclusions relating to the following aspects of the proposal:
(a) the desires of the public as expressed to the department;
(b) the capacity of the park or fishing access site for development;
(c) environmental impacts associated with the improvement or development;
(d) the long-range maintenance of the improvements;
(e) the protection of natural, cultural, and historical park or fishing access site features;
(f) potential impacts on tourism; and
(g) site-specific modifications as they relate to the park or fishing access site system as a whole; and
(h) potential impacts on existing uses and users.
(3) (a) The department shall record each written or oral comment regarding the proposed improvement or development of a state park or fishing access site submitted by a person residing in the state of Montana, whether submitted at a public meeting or otherwise. The record must include a list of those opposing and a list of those supporting the improvement or development.
(b) When the majority of persons listed in the record is opposed to the proposed improvement or development, the department may not proceed with the improvement or development until the provisions of subsection (3)(c) are met. Maintenance, weed control, and necessary sanitary and safety measures are exempt from the public approval requirements of this subsection (3).
(c) If the department wishes to pursue the improvement or development of a state park or fishing access site when the majority of persons listed in the record is opposed to the proposed improvement or development, the department may work with the interested citizens to redesign the improvement or development and submit the redesigned improvement or development for public comment in the manner outlined in this subsection (3) or the department may seek approval from the fish, wildlife, and parks commission to proceed with the improvement or development. The decision of the commission must be made after receiving comment from the department and the public at a regular or special commission meeting."
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Latest Version of LC 1114 (LC1114.01)
Processed for the Web on January 8, 1999 (3:04PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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