Montana Administrative Code

12.2.450 PUBLIC HEARINGS (1) Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice must…

12.2.451 FEES: DETERMINATION OF AUTHORITY TO IMPOSE (1) Whenever an application for a lease, permit, contract, license or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount …

12.2.452 FEES: DETERMINATION OF AMOUNT (1) After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final …

12.2.453 USE OF FEE (1) The fee assessed hereunder may only be used to gather data and information necessary to compile an HIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that add…

12.2.454 ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION (1) The following types of actions do not individually, collectively, or cumulatively require the preparation of an environmental assessment or an environmental impact statement unless the action involves one or more of th…

12.2.501 NONGAME WILDLIFE IN NEED OF MANAGEMENT (1) The following nongame wildlife species are determined by the department to be nongame wildlife in need of management within the meaning of the Nongame and Endangered Species Conservation Act, 87-5-101, MCA, et seq.: (a) crayfish…

12.2.601 PUBLIC LAND ACCESS TAX CREDIT (1) Pursuant to 15-30-2380 and 87-1-294, MCA, landowners may apply for a contract with the department to become eligible to receive a $750 tax credit for qualified access to public land, as defined in 87-1-294(9)(b), MCA. (2) Landowners want…

12.2.605 DEFINITIONS (1) "Inaccessible public land" means public land wholly surrounded by private land by which there is no other legal access via public road, trail, right of way or easement; public waters; adjacent federal, state, county, or municipal land that is open to publ…

12.2.606 APPLICATION FOR PUBLIC ACCESS LAND AGREEMENT (1) The PALA application must include the following information: (a) legal land description of public land to which access is being proposed; (b) description of the proposed road, travel route, or connecting private lands lega…

12.2.607 PUBLIC ACCESS LAND AGREEMENTS (1) Before approving a PALA the department must exercise due diligence to verify that: (a) the public lands are not restricted or closed to general recreational use by the land management agency that owns or has legal control of the public l…

12.2.608 LANDOWNER COMPENSATION (1) In negotiating for the annual payment to a landowner, the department shall consider: (a) acres of public land accessed; (b) the quality of fish or wildlife habitat that may be provided by the public land to be accessed; (c) duration public acce…

12.2.609 ADOPTION OF PRIVATE LANDOWNER’S RULES (1) Any individual accessing lands that are approved by either the department or the commission for public access programs administered by the department must adhere to the rules established by the landowner. (2) A violation of a lan…

12.3.103 SPECIAL PERMITS - PRIORITIES (REPEALED) Authorizing statute(s): 87-1-304, MCA Implementing statute(s): 87-1-304, MCA History: NEW, Eff. 8/4/73; AMD, 1979 MAR p. 1487, Eff. 11/30/79; AMD, 1981 MAR p. 25, Eff. 1/16/81; REP, 1988 MAR p. 716, Eff. 4/15/88.

12.3.104 ESTABLISHMENT OF PRIORITY FOR LANDOWNERS IN ISSUANCE OF ANTELOPE OR DEER HUNTING LICENSES (REPEALED) (REPEALED) Authorizing statute(s): 87-1-304, MCA Implementing statute(s): 87-1-304, MCA History: NEW, Eff. 10/5/73; AMD, Eff. 4/4/75; AMD, Eff. 5/6/77; AMD, 1996 MAR p. 7…

12.3.106 DISABLED PERSONS (REPEALED) Authorizing statute(s): 87-2-803, MCA Implementing statute(s): 87-2-803, MCA History: NEW, 1984 MAR p. 441, Eff. 3/16/84; AMD, 1986 MAR p. 115, Eff. 1/31/86; AMD, 2000 MAR p. 3200, Eff. 11/23/00; REP, 2022 MAR p. 280, Eff. 2/26/22.

12.3.107 ANTELOPE LICENSES FOR DISABLED PERSONS (REPEALED) Authorizing statute(s): 87-1-706, MCA Implementing statute(s): 87-2-706, MCA History: NEW, 1988 MAR p. 716, Eff. 4/15/88; REP, 1996 MAR p. 1837, Eff. 7/4/96.

12.3.108 PREREQUISITES FOR SPECIAL ELK PERMIT (REPEALED) Authorizing statute(s): 87-1-304, MCA Implementing statute(s): 87-2-702(3), MCA History: NEW, 1988 MAR p. 879, Eff. 5/13/88; REP, 1996 MAR p. 1837, Eff. 7/4/96.

12.3.109 PURPOSE (REPEALED) Authorizing statute(s): 87-1-201, 87-1-301, MCA Implementing statute(s): 87-1-201, 87-1-301, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2017 MAR p. 1951, Eff. 10/28/17; REP, 2022 MAR p. 280, Eff. 2/26/22.

12.3.111 LICENSE/PERMIT PREREQUISITES (REPEALED) Authorizing statute(s): 87-1-201, 87-1-304, MCA Implementing statute(s): 87-1-201, 87-1-304, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2017 MAR p. 1951, Eff. 10/28/17; REP, 2022 MAR p. 280, Eff. 2/26/22.

12.3.114 ANTLERLESS ELK LICENSE (REPEALED) Authorizing statute(s): 87-2-705, MCA Implementing statute(s): 87-2-705, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; REP, 1996 MAR p. 1837, Eff. 7/4/96.

12.3.117 QUOTA MODIFICATION (REPEALED) Authorizing statute(s): 87-2-506, MCA Implementing statute(s): 87-2-506, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; REP, 2000 MAR p. 2519, Eff. 9/22/00.

12.3.118 APPLICATION FOR DRAWINGS (REPEALED) Authorizing statute(s): 87-1-304, 87-2-506, 87-2-701, 87-2-705, 87-2-706, MCA Implementing statute(s): 87-1-304, 87-2-506, 87-2-701, 87-2-705, 87-2-706, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 1994 MAR p. 392, Eff. 2/25/9…

12.3.119 MULTIPLE APPLICATIONS (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-2-104, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; REP, 2000 MAR p. 2519, Eff. 9/22/00.

12.3.120 HUNTER SAFETY REQUIREMENTS (REPEALED) Authorizing statute(s): 87-1-301, 87-2-105, MCA Implementing statute(s): 87-2-105, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2004 MAR p. 1322, Eff. 6/4/04; REP, 2022 MAR p. 280, Eff. 2/26/22.

12.3.121 DRAWING FEE (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-2-113, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; REP, 2022 MAR p. 280, Eff. 2/26/22.

12.3.124 COMBINATION LICENSE PREFERENCE SYSTEM (REPEALED) Authorizing statute(s): 87-1-304, MCA Implementing statute(s): 87-2-505, MCA History: NEW, 1994 MAR p. 1834, Eff. 7/8/94; AMD, 1996 MAR p. 768, Eff. 3/22/96; REP, 2001 MAR p. 2287, Eff. 11/22/01.

12.3.125 CERTIFICATE FOR GUIDED NONRESIDENT (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-2-511, MCA History: NEW, 1998 MAR p. 166, Eff. 1/16/98; REP, 2022 MAR p. 280, Eff. 2/26/22.

12.3.126 CRITERIA AND PROCEDURE FOR APPROVAL OF ANGLER EDUCATION EVENTS AND ACTIVITIES (1) A participant in an angler educational event or activity that is approved by the department in accordance with this rule may fish without the otherwise required fishing license while partic…

12.3.127 PROCEDURE FOR ANGLER APPLICATIONS AND EVENTS (1) The department will review an application for an angler education event or activity as follows: (a) an application for approval of an angler education event must be submitted to the department's state angler education coor…

12.3.128 TRAINING AND CERTIFICATION OF VOLUNTEERS (1) The angler education events and activities approved by the department should be conducted as much as possible by volunteer instructors certified by the department. (2) Any individual who satisfies the following requirements ma…

12.3.150 COMPUTERIZED SYSTEM OF DRAWING: BONUS POINT PROGRAM (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-304, 87-2-506, 87-2-701, 87-2-705, MCA History: NEW, 2000 MAR p. 2519, Eff. 9/22/00; AMD, 2003 MAR p. 298, Eff. 2/28/03; REP, 2022 MAR p. 28…