Montana Administrative Code

36.10.161 FORMULA TO SET LANDOWNER ASSESSMENTS FOR FIRE PROTECTION On or before August 1, 1994, the department shall, pursuant to 76-13-207, MCA, set the annual fire assessment fee due from landowners pursuant to Title 76, chapter 13, parts 1 and 2, MCA. The total of all statewid…

36.10.201 PURPOSE Under 87-3-106 , MCA, the governor upon recommendation of the department of natural RESOURCES AND CONSERVATION may close an area to trespass because of fire danger and that area is automatically closed to hunting and fishing and remains closed so long as the fir…

36.10.202 MINIMUM MEASURES BY COUNTY COMMISSIONERS Before submitting a request for a closure, the board of county commissioners shall have taken the following minimum steps: initiated an active fire prevention program aimed at reducing preventable fires; initiated an active fire …

36.10.203 DEPARTMENT ANALYSIS OF REQUEST The department before recommending to the governor that an area be closed because of fire danger will evaluate each request upon its own merits, but will not make such a recommendation until it has determined that: the county has met the m…

36.10.204 DEPARTMENT ASSISTANCE Before requesting a closure, the board of county commissioners is encouraged to contact the department for its assistance in providing examples of specific actions that should be taken by the county in meeting the measures specified in ARM 36.10.20…

36.11.101 CABINSITE MAINTENANCE AND RESTRICTIONS (REPEALED) Authorizing statute(s): 77-6-104, MCA Implementing statute(s): 77-6-104, MCA History: Eff. 12/31/72; TRANS, from Dept. of Nat. Res., C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. 7/1/95; REP, 2016 MAR p. 10…

36.11.102 CHRISTMAS TREE CUTTING RULES ON STATE FOREST LANDS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-109, MCA Implementing statute(s): 76-13-104, MCA History: Eff. 12/31/72; TRANS, from Dept. Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. 7/1/9…

36.11.111 AGREEMENT NOT TO EXPORT STATE LOGS (REPEALED) Authorizing statute(s): 77-5-201, MCA Implementing statute(s): 77-5-201, MCA History: NEW, 1990 MAR p. 2116, Eff. 11/30/90; TRANS, 1995 MAR p. 1958, Eff. 7/1/95; AMD, 1995 MAR p. 2153, Eff. 9/15/95; REP, 2010 MAR p. 1735, Ef…

36.11.201 PURPOSE OF FIRE HAZARD REDUCTION OR MANAGEMENT LAW AND THIS SUB-CHAPTER (IS HEREBY REPEALED) Authorizing statute(s): 76-13-403, MCA Implementing statute(s): 76-13-403, MCA History: NEW, Eff. 11/3/75; AMD, 1980 MAR p. 2659, Eff. 9/26/80; TRANS, from Dept. of Nat. Res. , …

36.11.202 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-403, MCA Implementing statute(s): 76-13-403, MCA History: NEW, Eff. 11/3/75; AMD, 1980 MAR p. 2659, Eff. 9/26/80; TRANS, from Dept. Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. 7/1…

36.11.203 CONTROL OF TIMBER SLASH AND DEBRIS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-403, MCA Implementing statute(s): 76-13-408, 76-13-410, and 76-13-411, MCA History: NEW, Eff. 11/3/75; AMD, 1980 MAR p. 2660, Eff. 9/26/80; TRANS, from Dept. of Nat. Res. , C. 529, L. …

36.11.204 REDUCTION OF SLASH AND DEBRIS ALONG RIGHT-OF-WAY (IS HEREBY REPEALED) Authorizing statute(s): 76-13-403, MCA Implementing statute(s): 76-13-407, MCA History: NEW, Eff. 11/3/75; REP, 1980 MAR p. 2659, Eff. 9/26/80; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7…

36.11.211 FORMS (IS HEREBY REPEALED) Authorizing statute(s): 76-13-403, MCA Implementing statute(s): 76-13-403, MCA History: NEW, Eff. 11/3/75; AMD, 1980 MAR p. 2659, Eff. 9/26/80; TRANS, from Dept. of Nat. Res. , C. 529, L. 1981, Eff. 7/1/81; TRANS, 1995 MAR p. 1958, Eff. 7/1/95…

36.11.221 PURPOSE OF CONTROL OF TIMBER SLASH AND DEBRIS LAW AND THIS SUBCHAPTER The primary objectives of 76-13-401 through 76-13-414 , MCA, are to: provide fire hazard reduction, protection, or management to the extent necessary for reasonable safety of the residual timber stand…

36.11.222 DEFINITIONS Wherever used in this subchapter, unless a different meaning clearly appears from the context: "Average annual volume of uncompleted abatement" means the volume in thousand board feet (MBF) or equivalent, representing the acres of untreated slash and the acr…

36.11.223 CONTROL OF SLASH AND DEBRIS Slash, including slash generated by right-of-way clearing, road construction and maintenance, must be reduced to meet the general standard for 90% of the total area within each cutting unit. No single area greater than two acres or 10% of the…

36.11.224 RESIDENTIAL STRUCTURES AND PUBLIC CAMPGROUNDS SMA For this SMA: 90% of slash within 100 feet of any residence, and for 100 feet inside any portion of a cutting unit boundary that lies within 1000 feet of a residential structure or public campground must be treated by pi…

36.11.225 HIGH VALUE COMMUNICATIONS STRUCTURES AND POWERLINES SMA For this SMA, all slash within 100 feet of powerlines and high value communications structures such as microwave stations, radio relay stations, and television translators must meet a 2.8 foot flame length standard…

36.11.226 PRECOMMERCIAL THINNING UNITS SMA For this SMA: Slash on the perimeter of, or adjacent to, a precommercial thinning unit must meet the general standard. If the boundary of the unit coincides with a change in land ownership, it must have either: a 12-foot fire break; a 33…

36.11.227 STEEP SLOPE/PARTIAL CUT UNITS SMA For this SMA: A partial cut occurring on a slope greater than 40% may be treated as an SMA when there is advanced regeneration or a manageable overstory that the owner wishes to save. The area must meet the following requirements: The e…

36.11.228 HELICOPTER LOGGING SMA For this SMA: The entire SMA must be lopped such that 90% of all slash three inches or less in diameter is reduced to a height of 24 inches or less above the ground. Slash piles at the landing area must be treated in compliance with ARM 36.11.223 …

36.11.229 WET AREAS AND AREAS WITH HIGHLY ERODIBLE SOILS SMA For this SMA: The landowner may treat any portion of a harvest unit as an SMA where best management practices recommend against equipment operation. The entire SMA must be lopped such that 90% of all slash three inches …

36.11.230 SLASH RETENTION SITES SMA For this SMA: Sufficient slash may be retained for the purposes of soil nutrient recycling, wildlife habitat and control of surface water runoff. This may include slash broadcast over the timber harvest unit and skid trails; concentrated slash …

36.11.231 RIGHT TO INSPECT The department may inspect slash treatments on any private land in this state to assess compliance with the provisions of 76-13-401 through 76-13-414 , MCA, and these rules. Authorizing statute(s): 76-13-403, MCA Implementing statute(s): 76-13-403, MCA …

36.11.232 MASTER FIRE HAZARD REDUCTION AGREEMENT To qualify for a MHRA, a person must be engaged in continuous cutting operations of sufficient size and number that would require a bond of no less than $12,000. The person applying for the MHRA must post an initial cash or surety …

36.11.301 APPLICABILITY – DEFINITIONS – EFFECTIVE DATE (REPEALED) Authorizing statute(s): 77-5-307, MCA Implementing statute(s): 77-5-307, MCA History: NEW, 1993 MAR p. 14, Eff. 3/15/93; TRANS, 1995 MAR p. 1958, Eff. 7/1/95; REP, 1996 MAR p. 1865, Eff. 7/4/96.

36.11.302 WIDTH OF STREAMSIDE MANAGEMENT ZONE – MARKING BOUNDARY The slope of the SMZ is measured perpendicular to the stream or lake from the ordinary high water mark to a point 50 feet slope distance from the ordinary high water mark. The SMZ width is 50 feet slope distance on …

36.11.303 BROADCAST BURNING Broadcast burning in the SMZ is prohibited unless approved by the department under a site-specific alternative practice. Authorizing statute(s): 77-5-307, MCA Implementing statute(s): 77-5-303, MCA History: NEW, 1993 MAR p. 14, Eff. 3/15/93; TRANS, 199…

36.11.304 EQUIPMENT OPERATION IN THE SMZ Operation of wheeled or tracked equipment in the SMZ except on established roads is prohibited except as provided in this rule. In order to permit timber harvest on wetlands under conditions that protect the integrity of the SMZ, an operat…

36.11.305 RETENTION OF TREES IN THE SMZ – CLEARCUTTING The forest practice of clearcutting is prohibited in the SMZ unless approved by the department under a site-specific alternative practice. In order to provide large woody debris, stream shading, water filtering effects, and t…

36.11.306 ROAD CONSTRUCTION IN THE SMZ The construction of roads in the SMZ is prohibited except when necessary to cross a stream or wetland unless approved by the department under a site-specific alternative practice or as provided in this rule. The construction of roads across …

36.11.307 HAZARDOUS OR TOXIC MATERIALS The handling, storage, application, or disposal of hazardous or toxic materials in the SMZ in a manner that pollutes streams, lakes, or wetlands or that may cause damage or injury to humans, land, animals, or plants is prohibited. Any applic…

36.11.308 SIDE-CASTING OF ROAD MATERIAL The side-casting of road material into a stream, lake, wetland, or other body of water during road maintenance operations is prohibited in the SMZ. Authorizing statute(s): 77-5-307, MCA Implementing statute(s): 77-5-303, MCA History: NEW, 1…

36.11.309 DEPOSITING SLASH Depositing slash in streams, lakes, or other bodies of water is prohibited unless approved by the department under a site-specific alternative practice subject to other state and federal laws and regulations. Authorizing statute(s): 77-5-307, MCA Implem…

36.11.310 SITE-SPECIFIC ALTERNATIVE PRACTICES The owner or operator shall comply with the management standards stated in 77-5-303 (1) , MCA, and this subchapter, unless approval has been obtained from the department for alternative practices designed for site-specific conditions …

36.11.311 APPLICABILITY This subchapter applies to forest practices conducted within a timber sale in the streamside management zone. Such practices, as defined at 77-5-302 (3) , MCA, include the following activities when conducted within a "timber sale" defined in ARM 36.11.312:…

36.11.312 DEFINITIONS Wherever used in this subchapter, unless a different meaning clearly appears from the context: "Alternative practices" means forest practices conducted in the SMZ that are different from the practices required by the standards provided in 77-5-303 , MCA, and…

36.11.313 PENALTIES Each violation of Title 77, chapter 5, part 3, MCA, rules adopted thereunder, or of an order issued pursuant to 77-5-305 , MCA, is subject to a separate civil penalty not to exceed $1,000, with each day of the violation constituting a separate violation. Upon …

36.11.401 ACCOUNTABLE PARTIES The trust land management DIVISION of the department of natural RESOURCES AND CONSERVATION shall implement the rules as outlined in this sub-chapter to provide field personnel with consistent policy, direction, and guidance for the management of fore…

36.11.402 GENERAL APPLICABILITY The state forest land management rules in this subchapter shall apply to forest management activities on all state trust lands administered by the department. Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(…

36.11.403 DEFINITIONS Unless the context otherwise requires, the words defined shall have the following meaning when found in these rules: "Abandoned road" means a road that is impassable to motorized vehicles and is restricted by a non-passable barrier or vegetation but has drai…

36.11.404 BIODIVERSITY - COARSE FILTER APPROACH The department shall promote biodiversity by taking a coarse filter approach thereby favoring an appropriate mix of stand structures and compositions on state lands. The department shall base appropriate stand structures and composi…

36.11.405 BIODIVERSITY - DESIRED FUTURE CONDITIONS The department shall use a site-specific model that incorporates ecological characteristics through habitat and cover types to describe cover type representation. Cover type is one characteristic that describes desired future con…

36.11.406 BIODIVERSITY - FINE FILTER APPROACH Because it cannot assure that the coarse filter approach will adequately address the full range of biodiversity, the department shall also employ a fine filter approach for threatened, endangered, and sensitive species (see ARM 36.11.…

36.11.407 BIODIVERSITY - MANAGEMENT ON BLOCKED LANDS Within areas of large, blocked ownership, the department shall manage for a desired future condition that can be characterized by the proportion and distribution of forest types and structures historically present on the landsc…

36.11.408 BIODIVERSITY - SELECTION OF SILVICULTURAL SYSTEMS Selection of silvicultural systems shall typically be based on natural disturbance regimes. The three predominant regimes are: stand-replacement fire; mixed severity fire; and non-lethal fire. Other disturbance mechanism…

36.11.409 BIODIVERSITY - SALVAGE HARVESTING Salvage of dead and dying material shall be conducted pursuant to 77-5-207, MCA. Salvage shall occur using site-specific assessment of the economic and ecological consequences, when the material left will be taken by firewood cutters, c…

36.11.410 BIODIVERSITY - NUTRIENT RETENTION For nutrient retention purposes, treatments shall minimize the amount of fine branches and leafy material removed from the site. Whole tree skidding shall be discouraged, unless measures are taken to retain nutrients on site. Authorizin…

36.11.411 BIODIVERSITY - SNAGS AND SNAG RECRUITS The department shall retain snags and snag recruits in all harvest units involving live timber, including seed tree removals, fire, and other salvage operations as follows: in all timber harvest units post-harvest, the department s…

36.11.412 BIODIVERSITY - MANAGEMENT AT THE URBAN/FOREST LAND INTERFACE In the urban/forest land interface, the department may diverge from other forest management rules as defined in ARM 36.11.404 through 36.11.450, if the following overriding concerns are identified at the proje…