Mont. Code Ann. » TITLE 75. ENVIRONMENTAL PROTECTION · CHAPTER 20. MAJOR FACILITY SITING · Part 3. Decisions
Montana Code Annotated

Mont. Code Ann. § 75-20-301 (2026)

Decision Of Department -- Findings Necessary For Certification

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  1. MCA Contents
  2. TITLE 75
  3. CHAPTER 20
  4. Part 3
  5. 75-20-301 Decision of department -- findings necessary for certification

TITLE 75. ENVIRONMENTAL PROTECTION

CHAPTER 20. MAJOR FACILITY SITING

Part 3. Decisions

Decision Of Department -- Findings Necessary For Certification

75-20-301. Decision of department -- findings necessary for certification. (1) Within 30 days after issuance of the report pursuant to 75-20-216 for facilities defined in 75-20-104(10)(a) and (10)(b), the department shall approve a facility as proposed or as modified or an alternative to a proposed facility if the department finds and determines:

(a) the basis of the need for the facility;

(b) the nature of the probable environmental impact;

(c) that the facility minimizes adverse environmental impact, considering the state of available technology and the nature and economics of the various alternatives;

(d) in the case of an electric, gas, or liquid transmission line or aqueduct:

(i) what part, if any, of the line or aqueduct will be located underground;

(ii) that the facility is consistent with regional plans for expansion of the appropriate grid of the utility systems serving the state and interconnected utility systems; and

(iii) that the facility will serve the interests of utility system economy and reliability;

(e) that the location of the facility as proposed conforms to applicable state and local laws and regulations, except that the department may refuse to apply any local law or regulation if it finds that, as applied to the proposed facility, the law or regulation is unreasonably restrictive in view of the existing technology, of factors of cost or economics, or of the needs of consumers, whether located inside or outside the directly affected government subdivisions;

(f) that the facility will serve the public interest;

(g) that the applicant will obtain any necessary air or water quality decision, opinion, order, certification, or permit as required by 75-20-216(3) prior to construction; and

(h) that the use of public lands or federally designated energy corridors for location of a facility defined in 75-20-104(10)(a) or (10)(b) was evaluated and public lands or federally designated energy corridors for that facility were selected whenever determined practicable by both the applicant and the department.

(2) In determining that the facility will serve the public interest under subsection (1)(f), the department shall consider:

(a) the items listed in subsections (1)(a) and (1)(b);

(b) the benefits to the applicant and the state resulting from the proposed facility;

(c) the effects of the economic activity resulting from the proposed facility;

(d) the effects of the proposed facility on the public health, welfare, and safety;

(e) any other factors that it considers relevant.

(3) Within 30 days after issuance of the report pursuant to 75-20-216 for a facility defined in 75-20-104(10)(c), the department shall approve a facility as proposed or as modified or an alternative to a proposed facility if the department finds and determines:

(a) that the facility or alternative incorporates all reasonable, cost-effective mitigation of significant environmental impacts; and

(b) that unmitigated impacts, including those that cannot be reasonably quantified or valued in monetary terms, will not result in:

(i) a violation of a law or standard that protects the environment; or

(ii) a violation of a law or standard that protects the public health and safety.

(4) For facilities defined in 75-20-104, if the department cannot make the findings required in this section, it shall deny the certificate.

History: En. Sec. 10, Ch. 327, L. 1973; amd. Sec. 10, Ch. 494, L. 1975; R.C.M. 1947, 70-810(1), (3), (4); amd. Sec. 1, Ch. 69, L. 1979; amd. Sec. 15, Ch. 676, L. 1979; amd. Sec. 5, Ch. 312, L. 1987; amd. Sec. 227, Ch. 418, L. 1995; amd. Sec. 8, Ch. 583, L. 1995; amd. Sec. 15, Ch. 329, L. 1997; amd. Sec. 10, Ch. 293, L. 2001; amd. Sec. 122, Ch. 114, L. 2003; amd. Sec. 13, Ch. 217, L. 2003; amd. Sec. 2, Ch. 382, L. 2011; amd. Sec. 6, Ch. 447, L. 2019; amd. Sec. 10, Ch. 13, L. 2021; amd. Sec. 1, Ch. 451, L. 2023.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1979–2025 · leading case: N. Plains Resource Council v. Bd. of Nat. Resources & Conservation, 594 P.2d 297 (Mont. 1979).
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N. Plains Resource Council v. Bd. of Nat. Resources & Conservation, 594 P.2d 297 (Mont. 1979). · cites it 38× “1947, now section 75-20-301 MCA, further provides that judgments of the authorized air and water quality agencies "are conclusive" on all questions relating to the satisfaction of state and federal air and water quality standards.”
State ex rel. Montana Wilderness Ass'n v. Bd. of Nat. Resources & Conservation, 648 P.2d 734 (Mont. 1982). · cites it 15× “The Department of Natural Resources has the responsibility to formalize its technical studies in an environmental impact statement which it must file with the Board, to be used by the Board in making findings and determinations required under section 75-20-301, MCA. The "report"…”
Montana Power Co. v. Fondren, 737 P.2d 1138 (Mont. 1987). · cites it 7× “In a case arising under the Major Facility Siting Act however, the findings of the Board necessary for the issuance of a certificate are found in Section 75-20-301, MCA. “Minimum necessary interest” in land to be taken by condemnation is not one of the criteria.”
Montana v. Johnson, 738 F.2d 1074 (9th Cir. 1984). · cites it 2× “” Mont. Code Ann. § 75-20-301 (2)(c) (1983).”
Montana Power Co. v. Pub. Serv. Comm'n, 692 P.2d 432 (Mont. 1984). · cites it 3× “Section 75-20-301(2), MCA provides that the BNRC may not grant a certificate unless it shall find and determine: - The basis of the need for the facility.”
Transource Pennsylvania LLC v. Steven DeFrank, 156 F.4th 351 (3d Cir. 2025). “§ 7-207(f)(1)(i); Mont. Code Ann. § 75-20-301 (1)(a); N.Y. Pub.”
Mont. Code Ann. § 75-20-301(2): 3 cases
State ex rel. Montana Wilderness Ass'n v. Bd. of Nat. Resources & Conservation, 648 P.2d 734 (Mont. 1982). “The Department of Natural Resources has the responsibility to formalize its technical studies in an environmental impact statement which it must file with the Board, to be used by the Board in making findings and determinations required under section 75-20-301, MCA. The "report"…”
Montana Power Co. v. Fondren, 737 P.2d 1138 (Mont. 1987). “In a case arising under the Major Facility Siting Act however, the findings of the Board necessary for the issuance of a certificate are found in Section 75-20-301, MCA. “Minimum necessary interest” in land to be taken by condemnation is not one of the criteria.”
Montana Power Co. v. Pub. Serv. Comm'n, 692 P.2d 432 (Mont. 1984). “Section 75-20-301(2), MCA provides that the BNRC may not grant a certificate unless it shall find and determine: - The basis of the need for the facility.”
Mont. Code Ann. § 75-20-301(2)(a): 1 case
Montana v. Johnson, 738 F.2d 1074 (9th Cir. 1984). “” Mont. Code Ann. § 75-20-301 (2)(c) (1983).”
Mont. Code Ann. § 75-20-301(2)(c): 2 cases
N. Plains Resource Council v. Bd. of Nat. Resources & Conservation, 594 P.2d 297 (Mont. 1979). “1947, now section 75-20-301 MCA, further provides that judgments of the authorized air and water quality agencies "are conclusive" on all questions relating to the satisfaction of state and federal air and water quality standards.”
Montana Power Co. v. Fondren, 737 P.2d 1138 (Mont. 1987). “In a case arising under the Major Facility Siting Act however, the findings of the Board necessary for the issuance of a certificate are found in Section 75-20-301, MCA. “Minimum necessary interest” in land to be taken by condemnation is not one of the criteria.”
Mont. Code Ann. § 75-20-301(2)(f): 1 case
N. Plains Resource Council v. Bd. of Nat. Resources & Conservation, 594 P.2d 297 (Mont. 1979). “1947, now section 75-20-301 MCA, further provides that judgments of the authorized air and water quality agencies "are conclusive" on all questions relating to the satisfaction of state and federal air and water quality standards.”
Mont. Code Ann. § 75-20-301(2)(h): 1 case
N. Plains Resource Council v. Bd. of Nat. Resources & Conservation, 594 P.2d 297 (Mont. 1979). “1947, now section 75-20-301 MCA, further provides that judgments of the authorized air and water quality agencies "are conclusive" on all questions relating to the satisfaction of state and federal air and water quality standards.”
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