OTHER LAWS, PERMITS, AND APPROVALS THAT MAY APPLY
(DEQ does not maintain an authoritative list of all permits that a wind plant might require. Developers should check directly with the appropriate agencies.)
State Agencies
These departments may be found at the state website.
Department of Commerce
- Has information about general permits and licenses for doing business in Montana.
Office of Historic Preservation
- Consult with project sponsors and state agencies regarding impacts to historic and cultural resources on state and federal land.
Department of Labor and Industry
- Review plans for compliance with building and electrical codes (may be delegated to counties).
Department of Natural Resources and Conservation
- Easements/license to cross state land or state navigable river with roads or powerlines.
- Lease for use of state land (could trigger an environmental assessment or an environmental impact study).
- Floodplain development permit (note that in many cases this is addressed at the county level).
Department of Transportation
- State highway utility easements (encroachment permits) for powerlines and approach permits for access roads where they intersect state highways.
Federal Agencies
Federal Aeronautics Administration
- Review of "tall" structures that may pose a hazard to air travel – marking may be required.
US Fish and Wildlife Service
- Endangered Species Act
- Migratory Bird Treaty Act
- Eagle Protection Act
Bureau of Land Management
- Rights-of-way grant and use permit
- Temporary use permit for areas to be used during construction.
- Consultation to approve detailed construction, operation, rehabilitation, and environmental protection plan.
U.S. Forest Service
- Similar to BLM requirements.
Bureau of Reclamation
- Perpetual license for canal and electric transmission line crossings on BOR land.
Department of Defense
- Review authority to ensure that excavation would not disturb buried cable connection Minuteman missile silos.
Western Area Power Administration
- Connection agreements
Federal Communications Commission
- Must not interfere with radio/microwave signals.
- License to operate industrial radio service for fixed microwave stations and service.
Advisory Council on Historic Preservation
- Section 106, National Historic Preservation Act
U.S. Army Corps of Engineers
- Section 404 (Clean Water Act) individual or nationwide permits for placement of dredge or fill material in a water of the United States.
- Section 10 permit (Rivers and Harbors Act of 1899); consider issuance of section 10 permits for crossings of navigable waters.
Local Government
- Wind generation facility impact fee (state-authorized).
- Zoning and land use restrictions.
- Noxious weed control
