Current through the 2023 Regular Session
Section 87-5-916 - Compensatory mitigation reduction or waiver(1) Except as provided in subsection (3), the oversight team shall consider on a case-by-case basis requests for a reduction in or waiver of compensatory mitigation based upon an assessment including but not limited to the following: (a) a project that is located at least six-tenths of a mile from the center of an active lek but for which it is economically infeasible to be located more than 2 miles from the center of an active lek;(b) the economic benefit to the local community and the project developer;(c) whether the project is undertaken and completed outside of the sage grouse mating season; or(d) whether the project involves one-time construction and does not require ongoing disturbance once completed, except for occasional routine maintenance of existing facilities.(2) The oversight team shall provide a summary of the reasons why a reduction in or waiver of compensatory mitigation is approved or denied.(3) Compensatory mitigation may be waived for opencut operations located outside of core areas and at least six-tenths of a mile from the center of an active lek if the permit pursuant to 82-4-431 is held by a county, city, or town in the state.Renumbered from § 76-22-116 by Laws 2021, Ch. 326,Sec. 3, eff. 7/1/2021.Amended by Laws 2021, Ch. 428,Sec. 1, eff. 5/14/2021.Added by Laws 2019, Ch. 267,Sec. 2, eff. 5/2/2019.