Montana Administrative Code

36.11.413 BIODIVERSITY - RETENTION OF CULL MATERIAL Cull live trees, and cull snags (less than 33% sound for both live trees and snags) shall be retained giving due consideration to safety issues, and stand health. Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, M…

36.11.414 BIODIVERSITY - RETENTION OF COARSE WOODY DEBRIS Adequate CWD shall be left on site to facilitate nutrient conservation and cycling, maintenance of biodiversity, wildlife needs, and other considerations. CWD retention amounts shall be determined at the project level usin…

36.11.415 BIODIVERSITY - PATCH SIZE AND SHAPE The department shall emulate natural spatial patterns of patch size and shape to the extent practicable. Underlying processes and their resultant pre-management patterns shall be taken into account in design of projects while recogniz…

36.11.416 BIODIVERSITY - MANAGEMENT ON SCATTERED LANDS On areas of smaller, and/or scattered ownership, the department shall base management on restoring a semblance of historic conditions within state ownership. Where state ownership contained forest conditions made rare on adja…

36.11.417 BIODIVERSITY - COOPERATIVE PLANNING The department shall make reasonable efforts, in its sole discretion, to pursue cooperative planning with major adjoining landowners. The objectives of cooperative planning shall be to maintain appropriate amounts and distribution of …

36.11.418 BIODIVERSITY - OLD GROWTH MANAGEMENT The department shall manage old growth to meet biodiversity and fiduciary objectives. The department shall consider the role of all stand age classes in the maintenance of biodiversity when designing harvests and other activities. St…

36.11.419 BIODIVERSITY - FIELD REVIEWS The department shall field review a subset of forest management activities after project completion, or every five years for ongoing projects, to evaluate the application of biological diversity measures at a stand and landscape level. The d…

36.11.420 SILVICULTURE The department shall design all prescribed silvicultural treatments to maintain the long-term productivity of the site in order to ensure the long-term capability to produce trust revenue. The department shall evaluate ecological characteristics of the site…

36.11.421 ROAD MANAGEMENT The department shall plan transportation systems for the minimum number of road miles. The department shall only build roads that are necessary for current and near-term management objectives, as consistent with the other forest management rules. The dep…

36.11.422 WATERSHED MANAGEMENT The department shall manage watersheds to maintain high quality water that meets or exceeds state water quality standards and protects designated beneficial water uses. The department shall incorporate BMP's into the project design and implementatio…

36.11.423 WATERSHED MANAGEMENT - CUMULATIVE EFFECTS The department shall include an assessment of cumulative watershed effects on projects involving substantial vegetation removal or ground disturbance. Using the analysis, the department shall ensure that the project will not inc…

36.11.424 WATERSHED MANAGEMENT - MONITORING The department shall develop and maintain a monitoring strategy to assess watershed impacts of land use activities and the effectiveness of mitigation measures. The monitoring strategy shall include: qualitative assessments, such as BMP…

36.11.425 WATERSHED MANAGEMENT - STREAMSIDE MANAGEMENT ZONES, EQUIPMENT RESTRICTION ZONES, AND RIPARIAN MANAGEMENT ZONES The department shall establish an equipment restriction zone (ERZ) adjacent to the minimum width of the SMZ required under ARM 36.11.302 when forest management…

36.11.426 WATERSHED MANAGEMENT - WETLAND MANAGEMENT ZONES The department shall establish a wetland management zone (WMZ) when forest management activities are proposed within or adjacent to an isolated wetland or adjacent to a wetland found within an SMZ. For isolated wetlands gr…

36.11.427 FISHERIES The department shall minimize impacts to fish populations and habitat by implementing the watershed, SMZ, RMZ, and WMZ rules contained in ARM 36.11.422 through 36.11.426. The department shall review forest management activities proposed adjacent to streams, la…

36.11.428 THREATENED AND ENDANGERED SPECIES The department shall participate in recovery efforts of threatened and endangered plant and animal species as listed below. The department shall confer in its sole discretion with the United States Fish and Wildlife Service (USFWS) to d…

36.11.429 THREATENED AND ENDANGERED SPECIES - BALD EAGLE (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 12…

36.11.430 THREATENED AND ENDANGERED SPECIES - GRAY WOLF (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 12/…

36.11.431 THREATENED AND ENDANGERED SPECIES - GRIZZLY BEAR (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. …

36.11.432 GRIZZLY BEAR MANAGEMENT AND PROGRAMMATIC RULES The department commits to following programmatic rules regarding grizzly bears, which include: provide written brochures that describe risks and concerns regarding humans living and working in bear habitat to contractors an…

36.11.433 GRIZZLY BEAR MANAGEMENT ON OTHER WESTERN MONTANA LANDS (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239,…

36.11.434 GRIZZLY BEAR MANAGEMENT ON EASTERN MONTANA LANDS (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. …

36.11.435 THREATENED AND ENDANGERED SPECIES - CANADA LYNX (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 1…

36.11.436 SENSITIVE SPECIES The department recognizes that certain plant and animal species, both terrestrial and aquatic, are particularly sensitive to human activities in managed forests. Populations of such species are usually small and/or declining. Continued adverse impacts …

36.11.437 SENSITIVE SPECIES - FLAMMULATED OWL (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.438 SENSITIVE SPECIES - BLACK-BACKED WOODPECKER (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 12/12…

36.11.439 SENSITIVE SPECIES - PILEATED WOODPECKER (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.…

36.11.440 SENSITIVE SPECIES - FISHER (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.441 SENSITIVE SPECIES - COMMON LOON (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.442 SENSITIVE SPECIES - PEREGRINE FALCON (REPEALED) Authorizing statute(s): 77-1-202, 77-1-209, 77-5-201, 77-5-204, MCA Implementing statute(s): 77-5-116, 77-5-204, 77-5-206, 77-5-207, MCA History: NEW, 2003 MAR p. 397, Eff. 3/14/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.…

36.11.443 BIG GAME The department shall promote a diversity of stand structures and landscape patterns, and rely on them to provide good habitat for native wildlife populations. To the extent possible, the department shall manage to provide for big game habitat. Measures to mitig…

36.11.444 GRAZING ON CLASSIFIED FOREST LANDS AND OTHER LANDS WITHIN GRIZZLY BEAR RECOVERY ZONES AND NON-RECOVERY OCCUPIED HABITAT (NROH) The department shall inspect grazing licenses issued on all classified forest trust lands before the renewal date to determine: range condition…

36.11.445 WEED MANAGEMENT On classified forest lands the department shall use an integrated pest management approach for noxious weed management that includes prevention, education, cultural, biological, and chemical methods as appropriate. The department shall limit herbicide ap…

36.11.446 FINANCES AND ECONOMICS The department shall manage forested state trust lands at different levels of intensity depending on biological productivity and economic potential. The department shall make investments according to trust law to maximize revenue over the long-ter…

36.11.447 CATEGORICAL EXCLUSIONS Forest management activities that are classified as categorical exclusion shall not require an environmental assessment or environmental impact statement. Categorical exclusions include activities on state trust lands conducted by others under the…

36.11.448 MANAGEMENT OF THE STATE FOREST LAND MANAGEMENT PLAN Beginning in the year 2005 and every five years thereafter, the forest management bureau chief shall make a written report to the director of the department and the trust land management DIVISION administrator on the c…

36.11.449 SITE-SPECIFIC ALTERNATIVE PRACTICES The department shall comply with ARM 36.11.401 through 36.11.445 when conducting forest management activities, unless approval has been obtained from the forest management bureau chief for alternative forest management practices. Alte…

36.11.450 TIMBER PERMITS The department shall review and issue timber permits within the time frame specified by 77-5-212(5) and (6), MCA. Under the authority of 77-5-212, MCA, the department may issue commercial timber permits at commercial rates, and without advertising, for sa…

36.11.451 DEFINITIONS (REPEALED) Authorizing statute(s): 77-5-201, MCA Implementing statute(s): 77-5-208, MCA History: NEW, 2003 MAR p. 2874, Eff. 12/25/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.452 TIMBER CONSERVATION LICENSE APPLICATION CONDITIONS AND FORMS (REPEALED) Authorizing statute(s): 77-5-201, MCA Implementing statute(s): 77-5-208, MCA History: NEW, 2003 MAR p. 2874, Eff. 12/25/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.453 TIMBER CONSERVATION LICENSE BIDDING AND BONDING (REPEALED) Authorizing statute(s): 77-5-201, MCA Implementing statute(s): 77-5-208, 77-5-223, MCA History: NEW, 2003 MAR p. 2874, Eff. 12/25/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.454 TIMBER CONSERVATION LICENSE CONDITIONS AND RESTRICTIONS (REPEALED) Authorizing statute(s): 77-5-201, MCA Implementing statute(s): 77-5-208, MCA History: NEW, 2003 MAR p. 2874, Eff. 12/25/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.455 ASSIGNMENTS (REPEALED) Authorizing statute(s): 77-5-201, MCA Implementing statute(s): 77-5-208, MCA History: NEW, 2003 MAR p. 2874, Eff. 12/25/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.456 TIMBER CONSERVATION LICENSE CONTRACT TERMINATION (REPEALED) Authorizing statute(s): 77-5-201, MCA Implementing statute(s): 77-5-208, MCA History: NEW, 2003 MAR p. 2874, Eff. 12/25/03; REP, 2020 MAR p. 2239, Eff. 12/12/20.

36.11.470 LANDS SUBJECT TO A HABITAT CONSERVATION PLAN For trust land parcels subject to a DNRC HCP contractually entered by the department and the United States Fish and Wildlife Service (USFWS) pursuant to Section 10 of the Endangered Species Act (ESA), the department shall imp…

36.11.471 CONSERVATION EASEMENTS For trust land parcels that have an appurtenant conservation easement that includes stipulations for forest management, the department shall implement the terms of the conservation easement. If there are conflicts between the stipulations of the c…

36.12.101 DEFINITIONS In addition to definitions provided for in 85-2-102, MCA, and unless the context requires otherwise, to aid in the implementation of the Montana Water Use Act and as used in these rules: "Act" means the Montana Water Use Act, Title 85, chapter 2, parts, 1 th…

36.12.1010 DEFINITIONS For the purposes of these rules, the following definitions shall apply: "Application" means an application for beneficial water use permit, form no. 600, or application for provisional permit for completed stockwater pit or reservoir, form no. 605. "Consump…

36.12.1011 GRANT CREEK BASIN CLOSURE Grant Creek Basin means the Grant Creek drainage area, a tributary of the Clark Fork River, located in hydrologic basin 76M in Missoula County, Montana. The Grant Creek Basin designated as the closure area is all that drainage and head waters …

36.12.1012 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-2-112, 85-2-319, MCA Implementing statute(s): Sec. 85-2-319, MCA History: NEW, 1990 MAR p. 301, Eff. 2/9/90; REP, 1990 MAR p. 1896, Eff. 10/12/90.