reglab/housing_qa huggingface dataset:
MT Code § 77-5-216 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-216. Contract harvesting authorized

  77-5-216. Contract harvesting authorized. (1) Under direction of the board and after submitting the various portions of the sale for bid, as described in 77-5-201, the department is authorized to sell timber and forest products from contract harvesting sales through the competitive bidding process pursuant to 77-5-201(1) and (2) and to contract with firms and individuals for the removal of timber and forest products from state trust lands, the preparation of those materials into merchantable form, the transportation of those materials to a point of sale, and other purposes that the department determines to be necessary.   (2) Except as provided in subsection (3), the department may not conduct contract harvesting on state trust lands in an amount greater than 10% of the annual sustained yield.   (3) If the department is addressing forest health concerns as provided in 77-5-217, the department may exceed the annual sustained harvest level by up to 10% using contract harvesting, provided that the contract harvest volume in excess of the annual sustained harvest level contains no more than 25% merchantable sawlog volume.   History: En. Sec. 3, Ch. 494, L. 2007; amd. Sec. 1, Ch. 116, L. 2009.
MT Code § 77-5-217 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-217. Contract harvesting to address forest health concerns

  77-5-217. Contract harvesting to address forest health concerns. All contract harvesting sales meant to address specific forest health concerns must be designed to:   (1) improve the overall health, productivity, and long-term revenue potential for the timber stand;   (2) be consistent with the state forest land management plan; and   (3) comply with all applicable state laws, rules, and regulations.   History: En. Sec. 4, Ch. 494, L. 2007.
MT Code § 77-5-218 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-218. Rules

  77-5-218. Rules. (1) (a) The board may adopt rules to implement the contract harvesting program. The board shall evaluate each proposed contract harvest to determine if, in the board's judgment, contract harvesting will fulfill its duty to prudently obtain the maximum long-term revenue for the trust beneficiaries or to address forest health concerns or other environmental concerns.   (b) The board shall adopt rules describing the procedures necessary to ensure that the trust beneficiaries receive the full market value of the forest products.   (2) The board may adopt rules that impose specific appraisal requirements and sale procedures for any forest products directly marketed and sold by the department.   History: En. Sec. 5, Ch. 494, L. 2007.
MT Code § 77-5-219 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-219. Contract harvesting account -- authorized expenditures -- termination

  77-5-219. Contract harvesting account -- authorized expenditures -- termination. (1) An account, called the contract harvesting account, must be created as a subaccount of the trust land administration account established in 77-1-108, in which to deposit gross revenue and for the payment of expenditures associated with contract harvesting sales. All proceeds of the sale of forest products from a contract harvesting sale must be deposited into this account and must be retained in the account to be used to pay for all contract harvesting costs, as provided in subsection (2).   (2) Expenditures may be credited against the account for contract harvesting costs. Personnel services costs for state employees may not be credited against the account.   (3) An amount equal to the contract harvesting costs must be retained in the account and must be deducted from the gross proceeds to determine the net proceeds. The net proceeds from the sale of the forest products must be distributed to the appropriate trust.   (4) An initial account balance must be created by transferring up to $500,000 into the contract harvesting account from the trust land administration account.   (5) If the contract harvesting program is terminated or discontinued for more than 10 years, any balance remaining in the contract harvesting account in excess of $500,000 must be distributed to the appropriate trust. The remaining balance up to $500,000 must be transferred back to the trust land administration account provided for in 77-1-108.   History: En. Sec. 6, Ch. 494, L. 2007; amd. Sec. 22, Ch. 465, L. 2009.
MT Code § 77-5-220 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-220. reserved

  77-5-220 reserved.
MT Code § 77-5-221 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-221. Definition

  77-5-221. Definition. As used in 77-5-222, 77-5-223, and this section, "annual sustainable yield" means the quantity of timber that can be harvested from forested state lands each year in accordance with all applicable state and federal laws, including but not limited to the laws pertaining to wildlife, recreation, and maintenance of watersheds, and in compliance with water quality standards that protect fisheries and aquatic life and that are adopted under the provisions of Title 75, chapter 5, taking into account the ability of state forests to generate replacement tree growth.   History: En. Sec. 1, Ch. 517, L. 1995.
MT Code § 77-5-222 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-222. Determination of annual sustainable yield

  77-5-222. Determination of annual sustainable yield. (1) (a) On July 1, 2013, the department, under the direction of the board, shall commission a new study by a qualified independent third party to determine, using scientific principles, the annual sustainable yield on forested state lands. The department shall direct the qualified independent third party to determine the yield pursuant to, but not exceeding, all state and federal laws.   (b) A new study may be commissioned by the department, under the direction of the board, at any time during the 10-year period provided for in subsection (2).   (2) A determination of annual sustainable yield under subsection (1) must be reviewed and redetermined by the department, under the direction of the board, at least once every 10 years.   History: En. Sec. 2, Ch. 517, L. 1995; amd. Sec. 1, Ch. 440, L. 2003; amd. Sec. 1, Ch. 288, L. 2013.
MT Code § 77-5-223 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-223. Annual sustainable yield as timber sale requirement

  77-5-223. Annual sustainable yield as timber sale requirement. The annual sustainable yield constitutes the annual timber sale requirement for the state timber sale program administered by the department. This annual requirement may be reduced proportionately by the amount of sustained income to the beneficiaries generated by site-specific alternate land uses approved by the board based on a determination under 77-5-222.   History: En. Sec. 3, Ch. 517, L. 1995; amd. Sec. 2, Ch. 288, L. 2013.
MT Code § 77-5-224 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 2. Timber Sales and Removal|77-5-224. Forest improvement account

  77-5-224. Forest improvement account. (1) There is a forest improvement account in the state special revenue fund.   (2) Forest improvement fees collected pursuant to 77-5-204 must be deposited in the forest improvement account and accounted for by trust.   (3) Funds in the forest improvement account must be invested. Any interest earned must be deposited in the forest improvement account in proportionate share to each fund's contribution to the account.   History: En. Sec. 24, Ch. 465, L. 2009.
MT Code § 77-5-301 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 3. Streamside Management Zones|77-5-301. Findings and purpose

  77-5-301. Findings and purpose. (1) The legislature finds that the streamside management zone:   (a) acts as an effective sediment filter to maintain water quality;   (b) provides shade to regulate stream temperature;   (c) supports diverse and productive aquatic and terrestrial riparian habitats;   (d) protects the stream channel and banks;   (e) provides large, woody debris that is eventually recruited into a stream to maintain riffles, pools, and other elements of channel structure; and   (f) promotes flood plain stability.   (2) The legislature further finds that maintaining the integrity of forest streams is crucial to the quality and quantity of water available to Montanans for domestic, agricultural, industrial, and recreational use.   (3) The legislature further finds that forest streams are highly susceptible to impacts from land development and that in many cases forest practices in streamside zones in Montana are causing excessive and unnecessary damage to the banks, beds, and protective vegetation of forest streams.   (4) The legislature further finds that, through careful management in the streamside zone, owners and operators can achieve timber harvest goals without sacrificing water quality or impairing the beneficial uses of the water.   (5) The purposes of this part are:   (a) to protect the legitimate public interest in the quality and quantity of forest waters;   (b) to provide for standards, oversight, rehabilitation, and penalties to ensure that forest practices are conducted in a manner that conserves the integrity of Montana's streamside zones;   (c) to provide guidelines for the management of wildlife habitat in streamside zones; and   (d) to allow operators necessary flexibility to use practices appropriate to site-specific conditions in the streamside management zone.   History: En. Sec. 1, Ch. 608, L. 1991.
MT Code § 77-5-302 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 3. Streamside Management Zones|77-5-302. Definitions

  77-5-302. Definitions. As used in this part, the following definitions apply:   (1) "Alternative practices" means forest practices that are:   (a) conducted in the streamside management zone and that are different from practices required by rules adopted under this part;   (b) designed for site-specific conditions encountered during a timber sale; and   (c) subject to department approval under 77-5-303.   (2) "Department" means the department of natural resources and conservation provided for in 2-15-3301.   (3) "Forest practices" means, within a timber sale, the harvesting of trees, road construction or reconstruction associated with harvesting and accessing trees, site preparation for regeneration of a timber stand, reforestation, and management of logging slash. The term does not include activities related to the operation of a Christmas tree farm or nursery that do not involve new road construction.   (4) "Operator" means a person responsible for conducting forest practices. An operator may be the owner or a person who, through contractual agreement with the owner, is obligated to or entitled to conduct forest practices or carry out a timber sale.   (5) "Owner" means an individual, firm, partnership, corporation, or association of any nature that holds an ownership interest in forest land or timber.   (6) "Person" means an individual, firm, partnership, company, commercial entity, corporation, or association.   (7) "Stream" means a natural watercourse of perceptible extent that has a generally sandy or rocky bottom or definite banks and that confines and conducts continuously or intermittently flowing water.   (8) "Streamside management zone" or "zone" means a stream, lake, or other body of water and an adjacent area of varying width where management practices that might affect wildlife habitat or water quality, fish, or other aquatic resources need to be modified. The streamside management zone encompasses a strip at least 50 feet wide on each side of a stream, lake, or other body of water, measured from the ordinary high-water mark, and extends beyond the high-water mark to include wetlands and areas that provide additional protection in zones with steep slopes or erosive soils.   (9) "Timber sale" means a series of forest practices designed to access, harvest, or regenerate trees on a defined land area for commercial purposes.   History: En. Sec. 2, Ch. 608, L. 1991; amd. Sec. 1, Ch. 320, L. 1993; amd. Sec. 325, Ch. 418, L. 1995.
MT Code § 77-5-303 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 3. Streamside Management Zones|77-5-303. Standards for forest practices in streamside management zones

  77-5-303. Standards for forest practices in streamside management zones. (1) The following practices are prohibited in a streamside management zone:   (a) broadcast burning;   (b) the operation of wheeled or tracked vehicles except on established roads;   (c) the forest practice of clearcutting;   (d) the construction of roads except when necessary to cross a stream or wetland;   (e) the handling, storage, application, or disposal of hazardous or toxic materials in a manner that pollutes streams, lakes, or wetlands or that may cause damage or injury to humans, land, animals, or plants;   (f) the side-casting of road material into a stream, wetland, or watercourse; and   (g) the deposit of slash in streams or other water bodies.   (2) The department shall publish and distribute the rules implementing the streamside management standards.   History: En. Sec. 3, Ch. 608, L. 1991.
MT Code § 77-5-304 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 3. Streamside Management Zones|77-5-304. Inspection -- onsite consultation

  77-5-304. Inspection -- onsite consultation. (1) The department may inspect forest practices on any federal, state, or private land in this state to assess compliance with the provisions of this part and rules adopted pursuant to this part.   (2) The department may conduct an onsite consultation with an owner or operator to review harvest plans and watershed conditions. During the onsite consultation, the department may review and, if appropriate, approve the proposed use of alternative streamside management practices, as provided in 77-5-303.   History: En. Sec. 4, Ch. 608, L. 1991.
MT Code § 77-5-305 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 3. Streamside Management Zones|77-5-305. Responsibility for compliance -- penalties -- administrative orders

  77-5-305. Responsibility for compliance -- penalties -- administrative orders. (1) (a) Except as provided in subsection (1)(b), it is the responsibility of the owner to ensure compliance with the provisions of this part and rules adopted pursuant to this part.   (b) If a written contract between an owner and an operator specifies that the operator is responsible for compliance with laws relating to forest practices, the operator is considered the responsible party for all enforcement actions taken by the department under this section.   (2) A person who violates a provision of this part, a rule adopted pursuant to this part, or an order issued under this section shall be subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation.   (3) (a) When the department determines that an owner or operator has violated a provision of this part or a rule adopted pursuant to this part and has caused damage to watershed or wildlife resources, the department may serve an order requiring the person responsible for the conduct of forest practices to undertake necessary site rehabilitation within a reasonable period of time stated in the order. The order must specify the nature of the violation and the damage or unsatisfactory condition resulting from the violation.   (b) The order becomes final unless, within 30 days after the notice is served, the person named requests in writing a hearing before the department. On receipt of the request, the department shall schedule a hearing. Service by mail is complete on the date of mailing.   (c) If, after a hearing, the department finds that a violation has occurred and the watershed or wildlife habitat damage warrants site rehabilitation, it shall affirm or modify the order previously issued. If the department finds that a violation has not occurred or that site rehabilitation is not warranted, it shall rescind the order.   (d) The department may include in an order a provision that the owner or operator immediately cease causing further damage and take immediate action to alleviate the damage or to prevent future damage. The department may institute an action for injunctive relief under Title 27, chapter 19, if the recipient of the order does not comply with it.   (4) Subsection (3) does not prevent the department from seeking voluntary compliance and site rehabilitation through warning, conference, or any other appropriate means.   (5) All fines and penalties levied under this section must be deposited in the state general fund.   History: En. Sec. 5, Ch. 608, L. 1991; amd. Sec. 60, Ch. 422, L. 1997.
MT Code § 77-5-306 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 3. Streamside Management Zones|77-5-306. Repealed

  77-5-306. Repealed. Sec. 66, Ch. 422, L. 1997.   History: En. Sec. 6, Ch. 608, L. 1991.
MT Code § 77-5-307 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 3. Streamside Management Zones|77-5-307. Rulemaking

  77-5-307. Rulemaking. The department shall adopt rules:   (1) implementing each of the management standards provided in 77-5-303;   (2) providing specific direction necessary for owners and operators to understand and comply with the management standards, including additional definition of the streamside management zone and the forest practices permissible within the zone;   (3) providing alternative practices for the standards provided for in 77-5-303; and   (4) regulating the harvest of timber in streamside management zones.   History: En. Sec. 7, Ch. 608, L. 1991.
MT Code § 77-5-401 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 4. Community and Urban Forestry Program|77-5-401. Title -- purpose

  77-5-401. Title -- purpose. This part may be cited as the "Community and Urban Forestry Act". The purpose of the act is to:   (1) encourage the planting, maintenance, and management of trees in municipalities and counties;   (2) maximize the potential of trees and vegetative cover in improving the quality of the environment;   (3) encourage the coordination of state and local agency activities and maximize citizen participation in the development and implementation of community and urban forestry-related programs;   (4) foster healthy economic activity for the state's community and urban forestry-related businesses through cooperative and supportive contracts with the private business sector;   (5) facilitate the creation of jobs related to community and urban forestry activities, including opportunities for retraining and employing displaced timber resource workers; and   (6) provide meaningful voluntary opportunities for the state's citizens and organizations interested in community and urban forestry activities.   History: En. Sec. 1, Ch. 321, L. 1993.
MT Code § 77-5-402 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 4. Community and Urban Forestry Program|77-5-402. Definitions

  77-5-402. Definitions. As used in this part, the following definitions apply:   (1) "Community and urban forestry" means the planning, establishment, protection, care, and management of trees and associated plants individually, in small groups, or under forest conditions within municipalities and counties.   (2) "Department" means the department of natural resources and conservation provided for in 2-15-3301.   (3) "Local government" means a city, town, county, consolidated city-county, or other political subdivision of the state.   History: En. Sec. 2, Ch. 321, L. 1993; amd. Sec. 326, Ch. 418, L. 1995.
MT Code § 77-5-403 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 4. Community and Urban Forestry Program|77-5-403. Authority -- rulemaking

  77-5-403. Authority -- rulemaking. (1) The department may establish and maintain a program in community and urban forestry to accomplish the purpose set forth in 77-5-401. The department may assist local governments in establishing and maintaining community and urban forestry programs and in encouraging persons to engage in appropriate and improved tree management and care.   (2) The department may advise, encourage, and assist local governments in the development and coordination of policies, programs, and activities for the promotion of community and urban forestry.   (3) The department may appoint an advisory committee to assist the department in establishing and carrying out a program in community and urban forestry.   (4) The department may adopt rules to implement this part.   History: En. Sec. 3, Ch. 321, L. 1993.
MT Code § 77-5-404 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 5. Timber Resources|Part 4. Community and Urban Forestry Program|77-5-404. Special revenue account -- donations

  77-5-404. Special revenue account -- donations. (1) There is an account in the state special revenue fund. The department shall deposit in the account money received from gifts, grants, bequests, or endowments from public or private sources, and the funds must be used to carry out the provisions of this part. The money in the account may be spent in accordance with a legislative appropriation.   (2) The department may accept donations of labor, material, seedlings, and equipment from public or private sources for the purpose of carrying out the provisions of this part.   History: En. Sec. 4, Ch. 321, L. 1993.
MT Code § 77-6-101 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-101. Statement of policy

  77-6-101. Statement of policy. It is hereby declared to be the policy of the state, that in the interest of accomplishing a sustained income for the school and other trust funds to be derived from land grant and other state lands, agricultural and grazing lands and town and city lots shall be appraised from time to time but not less than once during the term of every lease by competent appraisers. The purpose of such appraisals shall be to determine the rental value of agricultural lands and town and city lots, the general condition of the lands, and the carrying capacity of grazing lands.   History: En. Sec. 1, Ch. 207, L. 1945; amd. Sec. 1, Ch. 260, L. 1963; R.C.M. 1947, 81-401.
MT Code § 77-6-102 (2021)
2021 Montana Code Annotated|Title 77. State Lands|Chapter 6. Agricultural, Grazing, and Other Surface Leases|Part 1. General Provisions|77-6-102. Surface leases authorized

  77-6-102. Surface leases authorized. Under the general direction and control of the board, the department shall lease all agricultural and grazing lands and all town lots, city lots, and lands valuable for commercial development open to leasing upon proper application.   History: En. Sec. 20, Ch. 60, L. 1927; re-en. Sec. 1805.20, R.C.M. 1935; amd. Sec. 2, Ch. 207, L. 1945; amd. Sec. 1, Ch. 254, L. 1947; amd. Sec. 2, Ch. 201, L. 1949; amd. Sec. 2, Ch. 260, L. 1963; amd. Sec. 2, Ch. 257, L. 1965; amd. Sec. 10, Ch. 428, L. 1973; amd. Sec. 1, Ch. 134, L. 1974; amd. Sec. 2, Ch. 135, L. 1974; R.C.M. 1947, 81-402(part); amd. Sec. 2, Ch. 488, L. 1985.