MONTANA ENVIRONMENTAL INFORMATION CENTER
Gravel Pit Developers Tramp on Neighbors’ Rights and Sage Grouse.... Again by Derf Johnson
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ession after session, gravel mine developers persuade legislators to weaken protections for neighboring landowners, water, and wildlife – but this session their proposals are truly extraordinary. Two bills would eliminate or severely limit the rights of neighbors as well as eliminating critical protections for sage grouse. HB 599 (Rep. Steve Gunderson, R-Libby) is a fundamental rewrite of gravel mine laws. It prohibits the Montana Department of Environmental Quality (DEQ) from limiting the operating hours of gravel mines, from requiring range or wildlife “fire prevention and control” measures, and from considering acid mine drainage or sedimentation on adjoining lands or waterways for all gravel pits regardless of size. It also creates two different permitting processes. The worst one would apply in instances where the operator argues that it won’t impact surface or ground water or there are fewer than 10 primary residences with permanent water and sewer systems within one-half mile of the mine site. In those instances, there would be no public notification, hearings, involvement, or consideration of neighbors’ concerns. Current law requires public involvement for all proposed gravel mine permits as long as there are 5 residences within one mile.
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HB 599 guarantees that in drier areas of the state, neighboring landowners will have no notification or opportunity to protect their property or health from gravel mine operations. The bill also shortens DEQ’s permit review from 30 day to 15 days in most instances. The bill quite possibly violates Montanans’ constitutional right to participate in government decision-making and would devastate the property rights of neighboring landowners. SB 284 (Sen. Russel Tempel, R-Chester) would eliminate any requirement that gravel mines provide compensatory mitigation for impacts to critical sage grouse breeding grounds (known as leks) if the gravel mine operation is more than six-tenths of a mile from the lek. This limitation on sage grouse protections will further harm an already imperiled bird and make the listing of the sage grouse under the federal Endangered Species Act more likely – something hunting and agricultural interests have tried hard to avoid.
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