Title 76, Title 76

(1) A governing body shall adopt regulations for the administration and enforcement of the creation of four or more buildings for lease or rent on a single tract. (2) The regulations adopted pursuant to this section must, at a minimum: (a) list the materials that must be included…

(1) (a) Upon a majority vote, a governing body may increase the minimum number of buildings created for lease or rent that are subject to review by the governing body pursuant to 76-8-107. The governing body may elect to increase the minimum number subject to review by the govern…

(1) An applicant who has filed an application for the creation of buildings for lease or rent and who is aggrieved by a decision of the department or the local reviewing authority may request a hearing as provided in 76-4-126(1). For purposes of this subsection, the contested cas…

(1) If any building is created in violation of this part, the governing body may, in addition to assessing a fine or penalty not to exceed a maximum of $500, initiate an action to: (a) prevent the unlawful creation of the building; (b) restrain, correct, or abate a violation; or …

It is the policy of the state of Montana to provide for the health, safety, and welfare of the citizens of the state by promoting the safety and enjoyment of the shooting sports among the citizens of the state and by protecting the locations of and investment in shooting ranges f…

(1) Standards adopted by a state agency or unit of local government to limit levels of noise that may occur in the outdoor atmosphere may not apply to shooting ranges. (2) Standards adopted by a state agency or unit of local government promulgated pursuant to Title 75 and concern…

The laws of this state concerning planning or growth policies, as defined in 76-1-103, may not be construed to authorize an ordinance, resolution, or rule that would: (1) prevent the operation of an existing shooting range as a nonconforming use; (2) prohibit the establishment of…

A planning district growth policy, recommendation, resolution, rule, or zoning designation may not: (1) prevent the operation of an existing shooting range as a nonconforming use; (2) prohibit the establishment of new shooting ranges, but it may regulate the construction of shoot…

(1) Except as provided in subsection (2), an established shooting range may not be prevented from operation by a state agency, unit of local government, or court unless the range presents a clear and provable safety hazard to the adjacent population. (2) If a pressing public need…

(Temporary) State shooting facilities and improvements development and oversight task force -- membership -- duties -- reporting. (1) There is a state shooting facilities and improvements development and oversight task force, which is composed of the following members: (a) the go…

(1) There is a Montana state shooting facilities and improvements account in the state special revenue fund established in 17-2-102. The account is administered by the department of fish, wildlife, and parks. (2) Money transferred from a lawful source, including but not limited t…

(1) The purpose of this part is to: (a) encourage the growth of a statewide sustainable wildcrafting industry that encourages stewardship of the wild plant natural resources of the state by requiring a person who is wildcrafting for commercial purposes to obtain a permit or permi…

As used in this part, the following definitions apply: (1) "Buyer" means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale. (2) "Commercial purposes" means the harvest of wildc…

(1) It is unlawful for any person to wildcraft or transport wildcrafted plant material without having in the person's possession a bill of sale, a signed, written permission form, or a permit from a landowner to wildcraft from the property from which the material is wildcrafted. …

The following are exemptions to the requirements of 76-10-103: (1) A permit issued by a land management agency, another government agency, or any other jurisdictional entity in the state is acceptable in lieu of the written permission if the wildcrafting occurs on land managed by…

(1) A buyer of wildcrafted plant material shall keep records of purchases or acquisitions of wildcrafted plant material for a period of 3 years from the date of purchase or acquisition. (2) Copies of the records must be made available to a law enforcement officer upon request. (3…

(1) A person who uses private property for wildcrafting purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose. The landowner owes the person no duty of care with respect to the condition of the property, e…

(1) It is unlawful for a person to: (a) fail to obtain permission from a landowner to enter property for purposes of wildcrafting; (b) transport wildcrafted plant material without a bill of sale, a signed, written permission form, or a permit from a landowner as provided in 76-10…

This part may be cited as the "Montana Soil Survey Act".

(1) The legislature finds that the soils of the state of Montana are one of its most basic and precious natural resources and that detailed knowledge of soil capabilities and adaptability is essential for: (a) making wise land use decisions; (b) preparing plans for cities, towns,…

This part shall be known and may be cited as the "Montana Natural Areas Act of 1974".

The legislature finds that: (1) in the expanses of Montana there are natural areas possessing significant scenic, educational, scientific, biological, and/or geological values or areas possessing these characteristics to a degree promising their restoration to a natural state; (2…

(1) It is the intention of the legislature to establish a system for the protection of natural or potentially natural areas in order to preserve their natural ecosystem integrity in perpetuity. (2) In this connection, the legislature recognizes the fact that the school trust land…

(1) "Board" means the board of land commissioners. (2) "Department" means the department of natural resources and conservation. (3) "Natural area" means an area of land that must generally appear to have been affected primarily by the forces of nature with the visual aspects of h…

A natural area, as defined in 76-12-104, may become subject to the provisions of this part in any of the following ways: (1) designation by the board on lands controlled by the board; (2) designation by the legislature on lands owned by the state of Montana; (3) acquisition by th…

Subject to the limits of available appropriations, the board is authorized to acquire interests in land by purchase, grant, deed, gift, or devise for the purpose of designating natural areas.

The board may, as provided in 5-11-210, submit to each legislature a report on its designation and acquisition activities.

Natural areas acquired or designated in accordance with the provisions of this part are protected from condemnation or other development adversely affecting the integrity of the natural area until legislative action is taken specifically authorizing the development or condemnatio…

Land uses on the designated or acquired natural area in existence at the time of designation or acquisition by the board may continue under appropriate leases or agreements. All such land uses shall be controlled under regulations established by the board under 76-12-112.

(1) The board shall, after at least one public hearing, promulgate comprehensive regulations for the protection of acquired and designated natural areas within its jurisdiction. Such regulations shall be consistent with the intent of this part and shall be promulgated and enforce…

The department shall consult with citizen organizations, organizations representing Montana's basic resource industries, and other interested state agencies in the administration of this part.

All files and proceedings under this part shall be open to the public.

A designated natural area that is or shall become a part of a state park, wildlife refuge, or similar area shall be subject to the provisions of this part and the laws under which the other areas may be administered, and in the case of conflict between the provisions of these law…

The department may: (1) identify the existing and potential natural areas on lands under its jurisdiction and annually prepare a register listing the existing natural areas on private, county, state, and federal land; (2) prepare and implement a biennial administrative plan for a…

(1) There is a natural areas special revenue account within the state special revenue fund established in 17-2-102. (2) The natural areas account may receive funds from any source as gifts. (3) The department may spend funds accepted as gifts in accordance with the purposes of th…

(1) (a) It is the purpose of part 2 and this part to provide for: (i) the protection and conservation of natural resources, range, and water; and (ii) the prevention of soil erosion. (b) It is further the purpose of part 2 and this part to more adequately promote and facilitate t…

Unless the context requires otherwise, in part 2 and this part, the following definitions apply: (1) "Conservation" means the protection and wise use of forest, range, water, and soil resources in keeping with the common welfare of the people of this state. (2) "Department" means…

Part 2 and this part apply to all state and private lands within this state that are susceptible to wildfire, as determined by the department.

(1) (a) The department has the duty to ensure the protection of land under state and private ownership and to suppress wildfires on land under state and private ownership. Fees may not be collected for this purpose except fees provided for in 76-13-201. (b) The department may eng…

(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…