The following definitions apply to this subchapter:
(1) "Has a separate and independent value for such other purposes" means the land has a demonstrated capacity for recreation, commercial, industrial, or agricultural/timber use. That capacity is demonstrated by one of the following criteria:
- (a) the filing of a certificate of survey that creates a division of the mining claim;
- (b) the growth of agricultural commodities on the mining claim;
- (c) the construction of a recreational or residential structure such as a summer home or commercial structure on the mining claim; or
- (d) the lease of any portion of the surface area for a recreational, commercial, residential, industrial, or agricultural use.
- (e) The requirements of (c) may be waived when the topography of the property is so severe that it precludes development for any purpose other than mining.
- (2) "Incorporated city or town" means any municipality or county area in which the government body has complied with all incorporation provisions outlined in Title 7, MCA.
- (3) "Mineral interests of the mining claim have not been depleted" means that the minerals located within the boundaries of the parcel are a vein, lode, or ledge of rock-in-place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, or a placer deposit of gold or other deposit of minerals having a commercial value.
- (4) "Nonproductive land" means nonfertile land that is incapable of supporting animals or producing plant matter in commercially salable quantities.
- (5) "Owner" means that the applicant and owner of record are the same individual, corporation, or partnership.
- (6) "Patented" means land purchased from the federal government for the sole purpose of developing a mining operation.
Authorizing statute(s): 15-1-201, MCA
Implementing statute(s): 15-6-101, 15-6-133, 15-8-111, MCA
History: NEW, 1987 MAR p. 106, Eff. 1/30/87; TRANS, from ARM 42.21.202, 1987 MAR p. 1214, Eff. 7/31/87; AMD, 2002 MAR p. 3723, Eff. 12/27/02; AMD, 2003 MAR p. 1888, Eff. 8/29/03; AMD, 2006 MAR p. 3103, Eff. 12/22/06; AMD, 2014 MAR p. 2994, Eff. 12/12/14.