Mont. Code Ann. § 82-4-233

(1) After the operation has been backfilled, graded, topsoiled, The and operator approved by the department, the operator shall prepare the soil establish on regraded areas and plant such legumes, grasses, shrubs, and trees as are necessary to establish on the regraded areas all and all other lands affected a diverse, effective, disturbed areas, except water areas, surface areas and of permanent vegetative cover roads, and other constructed features approved as part of the same seasonal variety native to the area of postmining land to be affected and capable of self-regeneration and plant succession at least equal use, a vegetative in cover extent of cover to the that natural vegetation of is the in area except accordance with that the introduced species may be used in the revegetation process where desirable and approved necessary to achieve the approved postmining land use plan. The vegetative cover must be capable permit and reclamation plan and that is: of:

(a) feeding diverse, effective, and withstanding grazing pressure from a quantity and mixture of wildlife and livestock at least comparable permanent; to that which the land could have sustained prior to the operation;

(b) regenerating under composed of species native to the natural conditions prevailing at the site, including occasional drought, heavy snowfalls, area or of introduced species when desirable and strong winds; necessary to achieve the postmining land use and when approved by the department;

(c) preventing soil erosion at least equal in to extent of cover the to extent achieved prior to the operation.

(d) capable of stabilizing the soil surface in order to control erosion to the extent appropriate for the approved postmining land use.

(2) The seed or reestablished plant mixtures, quantities, method of planting, type and amount of lime or fertilizer, mulching, irrigation, fencing, species must: and any other measures necessary to provide a suitable permanent diverse vegetative cover shall be defined by rules of the board.

(a) be compatible with the approved postmining land use;

(b) have the same seasonal growth characteristics as the original vegetation;

(c) be capable of self-regeneration and plant succession;

(d) be compatible with the plant and animal species of the area; and

(e) meet the requirements of applicable seed, poisonous and noxious plant, and introduced species laws or regulations.

(3) All underground shafts, tunnels, or other excavations are excluded from Reestablished vegetation must be appropriate to the provisions of subsection (1) of this section. postmining land use so that when the postmining land

(a) cropland, the requirements of subsections (1)(a), (1)(c), (2)(b), and (2)(c) are not applicable;

(b) pastureland or grazing land, reestablished vegetation must have use for grazing by domestic livestock at least comparable to premining conditions or enhanced when practicable;

(c) fish and wildlife habitat, forestry, or recreation, trees and shrubs must be planted to achieve appropriate stocking rates.

(4) All underground shafts, tunnels, or other excavations are excluded from the provisions of subsection (1).

Planting of vegetation following grading of disturbed area