Water Quality | House Bill 685 (Feasibility Allowances under Nondegradation Policy) Rulemaking | Comment Period Ends April 21, 2026 | Public Meeting April 21, 2026
The proposed notice of rulemaking pertaining to feasibility allowances under Montana’s nondegradation policy was published in Issue 5 of the Montana Administrative Register today (March 6, 2026) as Notice No. 2026-406.1. The proposed rulemaking action implements House Bill 685 which was adopted by the 2025 Montana Legislature.
The proposed rulemaking amends four rules to a) add references to feasibility allowances as directed by House Bill 685, b) reflect House Bill 685’s removal of the requirement at 75-5-303(3)(b), MCA, that feasibility allowance applicants affirmatively demonstrate to the department that the proposed activity’s economic or social benefit exceeds the costs to society of allowing degradation, and c) reflect House Bill 685’s addition of language at 75-5-303(3)(b), MCA, that a feasibility allowance applicant must affirmatively demonstrate that a proposed project will result in important economic or social development “in the area that the high-quality waters are located.”
Associated Materials and Links:
Comment period ends: April 21, 2026, at 5:00 p.m.
Send Comments To:
Department of Environmental Quality
Water Quality Planning Bureau
P.O. Box 200901
Helena, Montana 59620-0901
Or electronically to: DEQMAR406@mt.gov
Public hearing information:
April 21, 2026, at 11:00 AM
Wilderness Room (second floor)
2401 Colonial Drive
Helena, MT 59601
Or, join the hearing online via Zoom:
https://mt-gov.zoom.us/j/84544846278?pwd=LNcb5UkVdN4CtH7xaZgNOmmkbvbaRQ.1
Passcode:153454
Webinar ID: 845 4484 6278
Telephone: (206) 337-9723
Tags: Public Meetings, Public Comment, Water and Rule Making