Title 76, Title 76

(1) Nonforest lands and improvements may be protected by the department when requested by the landowner at rates determined by the department in those areas where a recognized agency is available. (2) Land classified as forest land under 76-13-107 that is within a wildland fire p…

The department may classify the forest land areas of the state for which conservation and fire protection measures are reasonably required and change or modify the classification from time to time as in its judgment is proper.

(1) If the owner does not appear upon the public records as the holder of the legal title to the land or timber, the owner is nevertheless primarily responsible for the performance of the acts and duties imposed upon the owner by part 2 and this part. (2) When the owner of the ti…

(1) An owner of forest land is entitled to a hearing before the department, after a request for a hearing, on any subject pertaining to the activities of the department or any recognized agency as agent of the department affecting the owner's property. A request for a hearing bef…

(1) The following funds may be expended as directed by the department for fire prevention, detection, and suppression and for forest range, water, and soil conservation: (a) all moneys collected by county treasurers as assessments on forest lands for forest protection; (b) moneys…

(1) Unless otherwise provided by this part or part 2, a person who violates this part or part 2 or any rule adopted pursuant to this part or part 2 is guilty of a misdemeanor and shall be punished by a fine of not more than $500 or imprisonment in a county jail for not more than …

Any person who shall destroy, deface, remove, injure, or disfigure any sign, placard, proclamation, order, warning, or notice issued by any federal, state, or forest protection agency under the provisions of this part or part 2 and erected or posted at any point in the state shal…

Fines collected in a court of the state under part 2 or this part, except those collected in a justice's court, must be transferred to the department of revenue for deposit in the state special revenue fund. When a person is convicted in any court of a violation of part 2 or this…

The legislature finds and declares that: (1) the safety of the public and of firefighters is paramount in all wildfire suppression activities; (2) it is a priority to minimize property and resource loss resulting from wildfire and to minimize expense to Montana taxpayers, which i…

(1) In addition to the duties prescribed by rule pursuant to 76-13-104(7), a firewarden appointed by the department shall promptly report all fires to the department, take immediate and active steps toward their extinguishment, report any violation of the provisions of Title 76, …

The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when granting federal, state, or private funds for authorized grant activities on private, county, or municipal lands to conserve habitat, reduce wildfire risk, or improve forest health.

(Temporary) Permit for burning required. (1) During the wildfire season or an expansion of the wildfire season, a person may not ignite or set a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or, except as provided in subsection (2), an open fire w…

A person to whom a written permit is issued to set or ignite a fire shall comply strictly with the permit. Except as provided in 76-13-905, a person who fails to comply with the permit, leaves the fire unattended, leaves the fire before it is totally extinguished, or negligently …

A person who fails to extinguish a recreational fire that the person has set or ignited or in which the person has been left in charge or who negligently allows the fire to spread from the area described in 76-13-121 is subject to the penalty provided in 50-63-102 and is subject …

A person who throws or places any lighted material or flaming or glowing substance that may start a fire is subject to the penalty provided in 50-63-102 and is subject to the provisions of 50-63-103.

A person may not use, drive, or operate within any wildland an internal combustion engine that is not equipped with a modern, efficient, and adequate spark arrester to prevent the escape of sparks, coals, cinders, and other burning material from the exhaust of the engine.

(1) Before each wildfire season, all persons, firms, or corporations creating or responsible for mill waste within forest areas shall treat, dispose of, remove, or reduce the hazards created so that the accumulation of the waste does not constitute a fire hazard. (2) A sawmill lo…

(1) For the purpose of more adequately promoting and facilitating cooperation, financial and otherwise, between the state and all of the public and private agencies, the department of natural resources and conservation may cooperate with owners or lessees of farm, range, forest, …

(1) 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 arising from the firefighter's performance of duties dur…

(1) Subject to the provisions of this section, the department shall identify the parcels of property in the state that are considered to be wildland-urban interface parcels, delineate those parcels on maps, and ensure that the maps and information on the maps are available to the…

(1) There is a fire suppression account in the state special revenue fund to the credit of the department. (2) The legislature may transfer money from other funds to the account, and the money in the account is subject to legislative fund transfers. (3) Funds received for restitu…

(1) There are good neighbor forestry special revenue accounts administered by the department within the state special revenue fund and the federal special revenue fund established in 17-2-102. (2) (a) All state proceeds allocated or budgeted for the purposes of the good neighbor …

By November 1 of each fiscal year, the department of natural resources and conservation shall report in accordance with 5-11-210 to the natural resources and transportation budget committee provided for in 5-12-501 on the expenditures made pursuant to each subsection of 76-13-150…

(1) The attorney general has the authority to intervene in litigation or appeals on federal forest management projects. (2) The authority provided in subsection (1) includes the authority to: (a) fulfill the purposes of Title 76, chapter 13, to intervene in litigation or appeals …

(1) An owner of land classified as forest land that is within a wildland fire protection district or that is otherwise under contract for fire protection by a recognized agency is subject to the fees for fire protection provided in this section. (2) The department shall provide f…

The department may provide for wildfire protection of any wildlands through the department or by contract or any other feasible means, in cooperation with any federal, state, or other recognized agency.

In the event of excessive or great fire danger, the wildfire season defined in 76-13-102 may be expanded when in the judgment of the department dangerous fire conditions exist. When expanded, the department shall give public notice.

(1) In accordance with the provisions of subsections (2) and (3), the department may create, annex land to, or dissolve wildland fire protection districts. (2) Before a district is created, land is annexed into a district, or a district is dissolved, the department shall hold a h…

In establishing boundaries of organized wildland fire protection districts, the department may for the purpose of administrative convenience designate recognizable landmarks as boundaries.

An owner of land within an organized wildland fire protection district while a member of or while participating in a recognized agency for wildland fire protection or within areas protected by a county must be considered to have fully complied with the requirements of 76-13-212.

(1) The department shall prepare an annual operation assessment plan in which fire protection costs are determined. The department shall request the legislature to appropriate the state's portion of the cost. After the appropriation is made by the legislature, the department shal…

All payments required of landowners by part 1 and this part are assessments for benefits actually received by those owners in the protection of their lands and are not a tax upon the property of the owners.

Money collected by the county treasurer pursuant to 76-13-207 must be remitted to the state for deposit in the state special revenue fund.

An owner who is required to pay to the county treasurer any sum for wildland fire protection as required by part 1 or this part and who contends that the owner is not legally obligated to pay the sum or a part of the sum shall pay it to the county treasurer under written protest,…

(1) Whenever the department provides wildland fire protection for any wildland or timber not protected by the owner of the wildland or timber as required by part 1 or this part, the amount due for the protection is a lien upon the wildland or timber that continues until the amoun…

(1) An owner of land shall protect against the starting or existence of fire and shall suppress the spread of fire on that land. This protection and suppression must be in conformity with reasonable rules and standards for adequate fire protection adopted by the department. (2) (…

(1) The department shall, pursuant to 76-13-207, set the annual fire assessment fee due from landowners pursuant to Title 76, chapter 13, parts 1 and 2. The total of all statewide landowner assessments may be no greater than one-third of the amount appropriated by the legislature…

(1) A person may not obstruct, impede, prevent, or otherwise interfere with lawful aerial wildfire suppression activities by any means, including by the use of an unmanned aerial vehicle system. (2) A person who violates subsection (1) is guilty of a misdemeanor and shall be puni…

(1) It is the public policy of the state to: (a) protect and preserve forest resources from destruction by forest insect pests and tree diseases; (b) protect the forests and watersheds of Montana and restore those watersheds that are most affected by insect pests and tree disease…

In this part, the following definitions apply: (1) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. (2) "Forest land" means any land that has enough forest growth, standing or down, to constitute in the judgment…

(1) The department shall annually produce a list of areas where: (a) there exists an infestation of forest insect pests or forest tree diseases injurious to the timber or forest growth on forest lands within the state and where the infestation is of such a character as to be a me…

(1) The department may enter upon the land within the zone and cause the forest insect pest infestation or forest tree disease to be suppressed, eradicated, and destroyed in the manner approved by it. (2) In order to accomplish the suppression, eradication, and destruction of the…

When the department determines that forest insect or disease control work within the designated zone of infestation is no longer necessary or feasible, it shall abolish the zone.

As used in this part, the following definitions apply: (1) "Certificate of clearance" means a certificate issued by the department acknowledging that the fire hazard has been reduced or managed in accordance with this part and the fire hazard reduction agreement or agreements. (2…

The fire hazard reduction or management referred to in this part must be carried on by the department in keeping with modern and progressive forest practices and effective fire protection and may include but is not limited to the taking of protective measures to prevent injury or…

The department shall adopt and enforce rules by October 1, 2000, to supervise and inspect the fire hazard reduction or management of all fire hazards created by forest products harvesting, timber stand improvement, and right-of-way clearing on private forest lands in the state, r…