Exactly that. For static modals -- hamburger, contac forms, and the like -- it's a total waste of code... though I'd use NAV, SECTION, or FORM not DIV -- at least as the outer container.

Which leaves alerts, confirmations, and the like... and if we could just STYLE the browser alert/confirm/prompt using CSS, we woudln't need or even want any of this junk for things that --as I keep saying -- don't even belong in the markup.

It's a great example of introducing something new, instead of fixing what already is.