§ 38-10. Barriers; setback.  


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  • (a) Each licensee must screen visual intrusions on any residential property created by any quarry operation in the license boundary, except access roads. The screening must be visually impenetrable to the maximum extent feasible. In reviewing the type of screening required, the Director must consider the degree of screening provided, the degree of screening achievable, the component of the quarry operation being screened, the intrusiveness of the particular activity being screened, the cost of screening, and any other relevant factor.
    (b) (1) Each licensee must maintain a 75-foot deep buffer zone along the license boundary in a natural condition, undisturbed by any structure, mining, or excavation.
    (2) Access or security patrol roads; directional, identification, and warning signs; security fences; and acoustical or visual screens, berms or walls must be allowed in the buffer zone.
    (3) The Director may reduce the buffer depth where a 75-foot setback is not practical or undue hardship would result. Any reduction must be offset by environmental effect mitigation measures that the Director finds offer equivalent protection.
    (c) The Director may waive any requirement of this Section as a license condition for a minor quarry. (Mont. Co. Code 1965, § 98-10; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)