Resolutions to be considered at 2015 Convention

The following resolutions were approved at their respective Area Meetings, and will be put to a vote at the 2015 MACD Convention. We’d like to thank everyone for adapting to the new resolution process ‐ we think it will allow for much stronger resolutions in the future.

Another resolution was presented at the Area 5 meeting, that asked MACD & CDs to set specific pollinator-friendly policies. However, because the resolution had not been passed at the local CD level, the resolution was withdrawn to possibly be considered next year.

Skip to: Resolution 15-1 (Floodplains) | Resolution 15-2 (Oil & Gas)


Resolution 15-1

Clarification and Coordination of 310 and Floodplain Permitting

Submitted by: Lewis & Clark Conservation District
Area Meeting Action: Passed by Area 6
MACD Committee Assignment: Water Committee
General Session Action:

WHEREAS, conservation districts supervisors are statutorily authorized to work with land occupiers, local governments and state governments on projects and works, and to exercise their duties and responsibilities under the Natural Streambed and Land Preservation Act of 1975 (310 Law); and

WHEREAS, the legislature, mindful of its constitutional obligation under Article II, section 3, and Article IX of the Montana constitution, enacted the 310 Law with the intent that the 310 Law provides adequate remedies for the protection of the environmental life support system from degradation and provides adequate remedies to prevent unreasonable depletion and degradation of natural resources;

WHEREAS, conservation districts, when administering the 310 Law , often encourage applicants to limit the use of rock riprap when other bank stabilization methods are available that minimize impacts to stream form and function; and  

WHEREAS, the joint permitting application process used in administering the 310 Law is often complicated and cumbersome to the applicant when dealing with multiple agencies; and

WHEREAS, in designated floodplains applicants for stream bank projects using soft approaches or willow lift projects are required to provide engineering proof that the project will withstand 100-year flood forces; and

WHEREAS, the additional expenses involved with engineering and modeling in the designated floodplains often prove to be too expensive to allow projects to be completed; and

WHEREAS, Department of Natural Resources and Conservation (DNRC) floodplain model rules encourage that all other necessary permits be issued prior to the issuance of a floodplain permit; and

WHEREAS, DNRC houses both the Conservation District Bureau, which provides assistance to conservation districts, and the Water Operations Bureau, which provides assistance to local floodplain administrators;

NOW, THEREFORE, BE IT RESOLVED that the Montana Association of Conservation Districts (MACD) work with DNRC to develop an amendment to the floodplain rules allowing an exemption from engineering requirements for such stabilization projects.

BE IT FURTHER RESOLVED that MACD work with DNRC to provide outreach to floodplain administrators and conservation districts about the appropriate timing of the permitting process.

BE IT FURTHER RESOLVED that MACD work with DNRC to find solutions to the engineering requirements and permitting delays.

BE IT FURTHER RESOLVED that, if deemed necessary, MACD pursue legislative action to change floodplain statutes to address these concerns.


RESOLUTION 15-2

Clarification and coordination of outreach regarding Board of Oil and Gas Form 22

Submitted by: Roosevelt Conservation District
Area Meeting Action: Passed by Area 1
MACD Committee Assignment: Water Committee
General Session Action:

Whereas, the Montana Streambed and Land Preservation Act (also commonly called the 310 permit) has jurisdiction on projects that result in a change in the state of a natural, perennial-flowing stream, river, its bed or its immediate banks.

Whereas, oil and gas development well pads, when located in natural drainages are subject to erosion from runoff,

Whereas, runoff may contain contaminates that can have a negative impact on water quality and soil health,

Whereas, certain oil & gas companies have expressed an interest in working with conservation districts in planning the site location of future well pads as to reduce the potential for erosion and contaminants.

THEREFORE BE IT RESOLVED, that Montana Association of Conservation Districts is to work with the Montana Board of Oil & Gas to include wording on the Board of Oil & Gas Form 22 to clarify that an operator should contact the local conservation district in order for the district to determine if a 310 permit is required.   

THEREFORE BE IT FURTHER RESOLVED that the wording on the form state that it is the conservation district that makes the assessment as to whether a permit is required, and not within the purview of the oil or gas company.  


 

Please note: These resolutions are shown in their original form as submitted by the district. Before appearing at MACD Convention, they will undergo review by Don McIntyre, the Conservation Districts’ attorney, and may be worded differently. Please check this website as convention nears to read the proposed changes.

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