Montana Administrative Code

34.7.106 TERMINATION DATE; UNITED STATES ASSUMES PAYMENT OF PREMIUMS OR INCREASES DEATH GRATUITY (REPEALED) Authorizing statute(s): 10-1-1104, MCA Implementing statute(s): 10-1-1104, MCA History: NEW, 2005 MAR p. 1691, Eff. 9/9/05; REP, 2008 MAR p. 42, Eff. 1/18/08.

34.7.201 DEFINITIONS (REPEALED) Authorizing statute(s): 10-1-105, 10-1-1114, MCA Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.

34.7.202 ELIGIBILITY (REPEALED) Authorizing statute(s): 10-1-105, 10-1-1114, MCA Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.

34.7.203 LIMITATIONS ON REIMBURSEMENT (REPEALED) Authorizing statute(s): 10-1-105, 10-1-1114, MCA Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.

34.7.204 APPLICATION FOR REIMBURSEMENT (REPEALED) Authorizing statute(s): 10-1-105, 10-1-1114, MCA Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.

34.7.205 FURTHER APPROPRIATION REQUIRED (REPEALED) Authorizing statute(s): 10-1-105, 10-1-1114, MCA Implementing statute(s): 10-1-1111, 10-1-1113, 10-1-1114, MCA History: NEW, 2008 MAR p. 42, Eff. 1/18/08; REP, 2023 MAR p. 1191, Eff. 10/7/23.

34.8.101 DEFINITIONS For purposes of this chapter, in addition to those definitions found in 10-1-1304, MCA, the following definitions apply: "Active duty" has the meaning provided in 38 USC 1965(1)(A) and generally means full-time duty in the armed forces, other than active duty…

34.8.102 APPLICATION FOR STATUS-BASED GRANT The grant applicant must submit a completed MMFRF Form 1 to the Department of Military Affairs, ATTN: Centralized Services. Authorizing statute(s): 10-1-105, 10-1-1307, MCA Implementing statute(s): 10-1-1305, 10-1-1307, 10-1-1308, MCA H…

34.8.104 APPLICATION FOR NEEDS-BASED GRANT The grant applicant must submit: A completed MMFRF Form 2 to the Department of Military Affairs, ATTN: Centralized Services. With the completed MMFRF Form 2, the applicant must supply one, but may supply both, of the following to support…

34.8.106 APPLICATION FOR CASUALTY-BASED GRANT The grant applicant must submit the following: A completed MMFRF Form 3 to the Department of Military Affairs, ATTN: Centralized Services. Proof of award of a Purple Heart. Authorizing statute(s): 10-1-105, 10-1-1307, MCA Implementing…

34.8.108 SUBMISSION OF GRANT APPLICATIONS Complete applications must be received by the Department of Military Affairs while the member is on active duty for federal service in a contingency operation. Complete applications may be submitted via facsimile or e-mail. The original c…

34.8.110 NEEDS-BASED GRANT APPLICATION COMMITTEE REVIEW AND UTILIZATION OF INFORMATION ON OTHER STATE ASSISTANCE With respect to review of needs-based grant applications, the review process may include consideration of other state assistance provided to the applicant. Information…

34.8.112 APPEAL OF GRANT APPLICATION DENIAL The applicant must specifically address the basis for the original denial and provide further proof as to why the applicant's grant request should be approved. Resubmission of the original application without additional proof will resul…

34.8.114 GRANT PAYMENTS Payments will be made to eligible members or family members. Payments will not be made to creditors, and payments will be subject to applicable deductions. If adequate funds are not available, the application will be held in a queue until funds are availab…

36.1.101 ORGANIZATION OF DEPARTMENT History and Purpose. The Department of Natural Resources and Conservation was established under the Executive Reorganization Act of 1971 by executive order of the Governor on December 20, 1971. It was extensively reorganized by the 1995 Legisla…

36.10.101 CLASSIFICATION OF FOREST LANDS Forest lands for fire protection purposes is defined as any land which has in the judgement of the department a fire menace to life or property, provided that grassland and agricultural areas are included when such areas are intermingled w…

36.10.102 FIREFIGHTING EQUIPMENT REQUIRED (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, MCA History: Eff. 12/31/72; REP, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR…

36.10.103 VEHICLE EXHAUST AND SPARK ARRESTOR REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-125, MCA History: Eff. 12/31/72; REP, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81;…

36.10.104 PATROLLING AND FIRE CREWS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, MCA History: Eff. 12/31/72; REP, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 19…

36.10.105 FIRE CACHE (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, MCA History: Eff. 12/31/72; REP, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. 7/1/95…

36.10.106 FOREST ACTIVITY RESTRICTIONS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, and 76-13-121, MCA History: Eff. 12/31/72; REP, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRA…

36.10.107 FOREST CLOSURE-PERMITS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, MCA History: Eff. 12/31/72; REP, 1980 MAR p. 2652, Eff. 1/2/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958,…

36.10.108 DEBRIS DISPOSAL (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-121 and 76-13-126, MCA History: Eff. 12/31/72; REP, 1980 MAR P. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p…

36.10.109 FIREFIGHTING EQUIPMENT REQUIRED (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, MCA History: NEW, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. …

36.10.110 VEHICLE EXHAUST AND SPARK ARRESTER REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-125, MCA History: NEW, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p…

36.10.111 FIRE TOOL (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, MCA History: NEW, 1980 MAR p. 2652, Eff. 1/1/81; AMD, 1981 MAR p. 362, Eff. 4/16/81; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR …

36.10.112 CORRECTION OF HAZARDS AND PATROLLING (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, MCA History: NEW, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff…

36.10.113 FIRE CREW (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101, MCA History: NEW, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. 7/1/95; REP, 1996 MAR p. …

36.10.114 SMOKING AND LUNCH FIRES (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-121, 76-13-123, and 76-13-124, MCA History: NEW, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR…

36.10.115 DEBRIS DISPOSAL (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-121 and 76-13-126, MCA, NEW, 1980 MAR p. 2652, Eff. 1/1/81 History: TRANS, from Dept. Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. 7/1/9…

36.10.116 NOTICE AND PUBLICITY (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-110, MCA History: Eff. 10/21/72; REP, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 259, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, E…

36.10.117 REVIEW OF REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-110, MCA History: Eff. 10/31/72; REP, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 259, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958,…

36.10.118 POWERLINE INSPECTIONS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-101 and 76-13-201, MCA History: NEW, 1980 MAR p. 2652, Eff. 1/1/81; TRANS, from Dept. of Nat. Res. , C. 259, L. 1981, Eff. 7/1/81; TRANS, 1995, MAR p. 1958, …

36.10.119 FOREST ACTIVITY RESTRICTIONS In areas designated by public proclamation by the administrator, DIVISION of forestry, as areas of high fire hazard, the administrator may request all persons, firms, or corporations present or engaged in any activity in the areas to volunta…

36.10.120 FOREST CLOSURE During periods of dangerous fire conditions, no person may enter or be upon those forest lands designated by public proclamation by the governor of the state of Montana as areas of dangerous fire hazard except under written permit issued by a recognized a…

36.10.121 REQUESTS FOR REVIEW If any operator believes that in his case any requirement of a recognized agency is excessive, the operator may request the administrator, DIVISION of forestry, to review the requirements. If in the opinion of the administrator any or all are not nec…

36.10.122 APPLICABILITY The forest fire rules, ARM 36.10.123 through 36.10.132 are in effect each year on classified forest lands during the forest fire season May 1st to September 30th inclusive, or any legal extension thereof. Requirements pertaining to motor vehicles do not ap…

36.10.123 DEBRIS BURNING The person conducting the burn shall obtain written authorization from the recognized fire protection agency before igniting any open fire during the legal forest fire season. The fire protection authority may deny, restrict, or rescind any authorization …

36.10.124 CAMPFIRES Campfires cannot be left unattended and must be completely extinguished. All campfires must be constructed in cleared or bare areas, and not allowed to spread beyond the established ring, pit, grate, or container. Anyone igniting a campfire is required to have…

36.10.125 RAILROADS AND POWERLINES Railroad and powerline companies are required to prepare and annually update working agreements with recognized fire protection agencies. These agreements must address safety and fire response procedures; and identify, remove, prevent, modify, a…

36.10.126 EQUIPMENT All internal combustion engines must be equipped with an approved and effective spark-arresting system, as established in the national wildfire coordinating group's Spark Arrester Guides. Spark-arresting devices must be marked, properly installed, and maintain…

36.10.127 FLAMING AND GLOWING SUBSTANCES All flaming and glowing substances, including but not limited to, lighted cigarettes, cigars, ashes, and matches, must be extinguished before being discarded. Smoking is allowed only at areas free of flammable or combustible material. Exam…

36.10.128 FIREWORKS Use of fireworks is prohibited on all classified forest lands unless written authorization is obtained from the recognized fire protection agency. Authorization will only be considered between June 24 and July 5, inclusive, to coincide with the legal dates for…

36.10.129 WILDLAND-URBAN INTERFACE County governments without standards related to development in the wildland-urban interface (WUI) are encouraged to establish standards by October 1, 2010. The Guidelines for Development within the Wildland Urban Interface (DNRC, 2009) are avail…

36.10.130 FIRE EXTINGUISHERS AND FIREFIGHTING TOOLS Chainsaw operators shall carry a fully charged and operable fire extinguisher, minimum-capacity 8-ounce liquid or 1-pound dry chemical, with a 4BC or higher rating. Vehicles and equipment, mobile or stationary, with a combustion…

36.10.131 CORRECTION OF HAZARD AND UNUSUAL CIRCUMSTANCES OR EVENTS The recognized fire-protection agency may require identified wildland-fire hazards and/or risks be halted, prevented, abated, removed, disposed of, mitigated, or patrolled. This applies to public, private, nonprof…

36.10.132 DEFINITIONS Unless the context requires otherwise, to aid in the implementation of the forest fire rules and regulations and as used in these rules: "Backpack pump" means a 5-gallon minimum, standard galvanized metal, fiberglass, or rubberized backpack water container w…

36.10.133 FIREWARDEN QUALIFICATIONS AND DUTIES All firewardens may perform the duties prescribed in (3) on private, state, or state-protected federal lands. To qualify as a firewarden, a person must possess knowledge of wildland fires and be able to prevent, detect, suppress, or …

36.10.134 LEGAL REPRESENTATION FOR STATE FIREFIGHTERS The department shall pay reasonable attorney fees and costs for outside legal counsel to defend a firefighter employed by the department against a criminal prosecution for a good faith act or omission by the firefighter arisin…

36.10.135 WILDLAND-URBAN INTERFACE DEVELOPMENT GUIDELINES The department adopts and incorporates by reference the Guidelines for Development within the Wildland-Urban Interface (DNRC 2009), which sets forth guidelines that counties may adopt for purposes of development within the…