reglab/housing_qa huggingface dataset:
MT Code § 76-13-214 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-214. Obstruction of aerial wildfire suppression effort -- penalty -- exceptions

  76-13-214. Obstruction of aerial wildfire suppression effort -- penalty -- exceptions. (1) A person may not obstruct, impede, prevent, or otherwise interfere with a lawful aerial wildfire suppression response by a state or local government effort by any means, including by the use of an unmanned aerial vehicle system.   (2) A person who violates subsection (1) is liable for a civil penalty to the state or local government for an amount equivalent to the reasonable costs of obstructing, impeding, preventing, or interfering with an aerial wildfire suppression response effort. The penalty may not exceed the actual flight costs of the aerial wildfire suppression response effort that was obstructed, impeded, prevented, or interfered with.   (3) Subsection (1) does not apply to the operation of an unmanned aerial vehicle system conducted by a unit or agency of the United States government or of a state, tribal, or local government, including any individual conducting an operation pursuant to a contract or other agreement entered into with the unit or agency, for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.   (4) As used in this section, the following definitions apply:   (a) "Unmanned aerial vehicle" means an aircraft that is:   (i) capable of sustaining flight; and   (ii) operated with no possible direct human intervention from on or within the aircraft.   (b) "Unmanned aerial vehicle system" means the entire system used to operate an unmanned aerial vehicle, including:   (i) the unmanned aerial vehicle;   (ii) communications equipment;   (iii) navigation equipment;   (iv) controllers;   (v) support equipment; and   (vi) autopilot functionality.   (c) "Wildfire" means an unplanned, unwanted fire burning uncontrolled and consuming vegetative fuels.   (d) "Wildfire suppression" means an effort to contain, extinguish, or suppress a wildfire.   History: En. Sec. 1, Ch. 274, L. 2017.
MT Code § 76-13-301 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 3. Control of Forest Diseases and Insect Pests|76-13-301. Policy

  76-13-301. Policy. (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 diseases and are critical to water supplies;   (c) enhance the production of forests;   (d) promote the stability of forest industry; and   (e) protect the recreational values of the forest.   (2) It is further the public policy of the state to independently and through cooperation with the federal government and private forest landowners adopt measures to control, suppress, and eradicate outbreaks of forest insect pests and tree diseases.   History: En. Sec. 1, Ch. 25, L. 1953; Sec. 28-130, R.C.M. 1947; amd. and redes. 28-204 by Sec. 21, Ch. 253, L. 1974; R.C.M. 1947, 28-204; amd. Sec. 1, Ch. 403, L. 2013.
MT Code § 76-13-302 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 3. Control of Forest Diseases and Insect Pests|76-13-302. Definitions

  76-13-302. Definitions. 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 of the department an insect or disease infestation breeding ground of a nature to constitute a menace, injurious and dangerous to the forest resources in the district or zone of infestation.   (3) "Forest landowner" means the person, firm, association, or corporation having the actual, beneficial ownership of forest land or timber, other than an easement, right-of-way, or mineral reservation.   (4) "Salvage" means the timely removal of dead and dying timber or timber that is threatened by insects, disease, fire, or windthrow when the removal of timber will help contain insect or disease outbreaks, aid in the prevention of wildfire, or provide long-range protection for such forest resources as wildlife, water, soils, or air quality.   History: En. Sec. 3, Ch. 25, L. 1953; Sec. 28-131, R.C.M. 1947; amd. and redes. 28-205 by Sec. 22, Ch. 253, L. 1974; R.C.M. 1947, 28-205; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 1, Ch. 285, L. 1993; amd. Sec. 264, Ch. 418, L. 1995.
MT Code § 76-13-303 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 3. Control of Forest Diseases and Insect Pests|76-13-303. Creation of zone of infestation

  76-13-303. Creation of zone of infestation. (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 menace to the timber or forest growth of this state; and   (b) an infestation of forest insect pests or forest tree diseases in a watershed makes the watershed at risk for wildfire, places the functionality of the watershed at risk, or creates other conditions that threaten the watershed.   (2) The department shall present the list annually to the board of land commissioners to determine if a zone of infestation exists and, if so, shall fix the boundaries to definitely describe and identify each zone.   History: En. Sec. 5, Ch. 25, L. 1953; Sec. 28-133, R.C.M. 1947; amd. and redes. 28-206 by Sec. 23, Ch. 253, L. 1974; R.C.M. 1947, 28-206(1); amd. Sec. 2, Ch. 529, L. 1981; amd. Sec. 2, Ch. 403, L. 2013.
MT Code § 76-13-304 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 3. Control of Forest Diseases and Insect Pests|76-13-304. Suppression and eradication of infestation

  76-13-304. Suppression and eradication of infestation. (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 infestation, the department may enter into cooperative agreements with the federal government or other public or private agencies and with forest landowners, using such funds as are made available for those purposes.   (3) The department may consider controlled burning or logging as methods to suppress or eradicate forest insect pest infestation or forest tree disease.   History: En. Sec. 5, Ch. 25, L. 1953; Sec. 28-133, R.C.M. 1947; amd. and redes. 28-206 by Sec. 23, Ch. 253, L. 1974; R.C.M. 1947, 28-206(2); amd. Sec. 1, Ch. 115, L. 2007.
MT Code § 76-13-305 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 3. Control of Forest Diseases and Insect Pests|76-13-305. Termination of zone of infestation

  76-13-305. Termination of zone of infestation. 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.   History: En. Sec. 6, Ch. 25, L. 1953; Sec. 28-134, R.C.M. 1947; amd. and redes. 28-207 by Sec. 24, Ch. 253, L. 1974; R.C.M. 1947, 28-207.
MT Code § 76-13-401 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-401. Definitions

  76-13-401. Definitions. 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) "Contractor" means the person who executes the fire hazard reduction agreement and is responsible to fulfill the obligations established by the agreement.   (3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.   (4) "Exemption certificate" means an exemption from the provisions of this part that must be granted by the department for the harvest of merchantable trees within the boundaries of an incorporated city or town.   (5) "Fire hazard" means slash and debris resulting from timber cutting, timber stand improvement, or right-of-way clearing operations that produce a cover of flammable material in which fire could spread through a cutting or adjacent area.   (6) "Fire hazard reduction agreement" means a contract made to ensure compliance with this part and with the rules adopted under 76-13-403 for fire hazard reduction or management on private forest lands.   (7) "Fire hazard reduction or management" means the abatement of a fire hazard on private forest lands by methods that include but are not limited to separation, removal, scattering, lopping, crushing, piling and burning, broadcast burning, burying, or chipping.   (8) "Forest product" means trees or their component parts, including but not limited to logs, poles, branches, or bark.   (9) "Master fire hazard reduction agreement" means a fire hazard reduction agreement between the department and persons engaged in continuing cutting operations of sufficient number and size to warrant covering these operations under a single agreement and a single bond.   (10) "Minimum slash hazard" means an amount of slash and debris generated by noncommercial activities, which may include but are not limited to weeding, pruning, or clearing on private land within the state.   (11) "Person" means an individual, association, partnership, corporation, estate, or any other entity.   (12) "Private forest lands" means all lands of whatever character containing merchantable timber that are not owned by the state, a political subdivision of the state, the United States, any agency of the United States, or an Indian tribe.   (13) "Purchaser" means a person who purchases or contracts to purchase any forest products cut from private forest lands within the state. The term includes persons who purchase products manufactured on the cutting area.   History: En. 28-403.1 by Sec. 1, Ch. 522, L. 1975; R.C.M. 1947, 28-403.1; amd. Secs. 1, 2, Ch. 529, L. 1981; amd. Sec. 1, Ch. 513, L. 1989; amd. Sec. 265, Ch. 418, L. 1995; amd. Sec. 1, Ch. 279, L. 1999; amd. Sec. 1, Ch. 234, L. 2001.
MT Code § 76-13-402 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-402. Basis for management of fire hazards

  76-13-402. Basis for management of fire hazards. 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 destruction of forest resources without actual abatement of the hazard.   History: Ap. p. Sec. 5, Ch. 207, L. 1959; amd. Sec. 1, Ch. 147, L. 1971; amd. Sec. 31, Ch. 253, L. 1974; amd. Sec. 6, Ch. 522, L. 1975; Sec. 28-408, R.C.M. 1947; Ap. p. Sec. 8, Ch. 207, L. 1959; amd. Sec. 33, Ch. 253, L. 1974; Sec. 28-411, R.C.M. 1947; R.C.M. 1947, 28-408(2), 28-411(part); amd. Sec. 2, Ch. 513, L. 1989; amd. Sec. 111, Ch. 2, L. 2009.
MT Code § 76-13-403 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-403. Supervision by department

  76-13-403. Supervision by department. 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, recognizing the benefits of slash retention.   History: En. Sec. 5, Ch. 207, L. 1959; amd. Sec. 1, Ch. 147, L. 1971; amd. Sec. 31, Ch. 253, L. 1974; amd. Sec. 6, Ch. 522, L. 1975; R.C.M. 1947, 28-408(1); amd. Sec. 3, Ch. 513, L. 1989; amd. Sec. 9, Ch. 27, L. 1997; amd. Sec. 2, Ch. 279, L. 1999.
MT Code § 76-13-404 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-404. Repealed

  76-13-404. Repealed. Sec. 13, Ch. 513, L. 1989.   History: En. Sec. 7, Ch. 207, L. 1959; amd. Sec. 2, Ch. 147, L. 1971; amd. Sec. 32, Ch. 253, L. 1974; amd. Sec. 7, Ch. 522, L. 1975; R.C.M. 1947, 28-410; amd. Sec. 1, Ch. 670, L. 1979.
MT Code § 76-13-405 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-405. Contracts with fire protection agencies

  76-13-405. Contracts with fire protection agencies. The department is authorized to enter into contracts with fire protection agencies, including agencies of the United States, for fire hazard reduction or management when in its opinion the work can best be accomplished in that manner.   History: En. Sec. 8, Ch. 207, L. 1959; amd. Sec. 33, Ch. 253, L. 1974; R.C.M. 1947, 28-411(part); amd. Sec. 4, Ch. 513, L. 1989; amd. Sec. 112, Ch. 2, L. 2009.
MT Code § 76-13-406 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-406. Limitation on liability

  76-13-406. Limitation on liability. The department and other recognized fire protection agencies, including any agency of the United States, with which the department has entered into an agreement for fire hazard reduction or management as provided in 76-13-405 and any officer, official, or employee of the department or other recognized fire protection agency is not liable for any damage to the land, product, improvement, or other things of value upon the lands on which the fire hazards are being managed or reduced in accordance with provisions of this part, the rules adopted under 76-13-403, and the fire hazard reduction agreement when reasonable care and caution has been used and the work is being or has been performed in compliance with the rules provided in 76-13-403.   History: En. Sec. 8, Ch. 207, L. 1959; amd. Sec. 33, Ch. 253, L. 1974; R.C.M. 1947, 28-411(part); amd. Sec. 5, Ch. 513, L. 1989; amd. Sec. 113, Ch. 2, L. 2009.
MT Code § 76-13-407 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-407. Reduction of slash and debris along right-of-way

  76-13-407. Reduction of slash and debris along right-of-way. (1) A person clearing right-of-way for any railroad, public highway, public trail, private road, trail, ditch, dike, pipeline or wire lines, or any other transmission or transportation utility right-of-way, except temporary roads located within the boundaries of the cutting area and which are used in the actual logging operations, shall reduce the hazard resulting from the clearing or from the cutting of material for the construction of the public or private utility unless exempted by the department. At least 10 days before commencement of the clearing, the person conducting the clearing shall notify the department of commencement of the clearing in the form and manner the department provides.   (2) Hazard reduction, excluding burning where this method is used, shall be done as rapidly as cutting or clearing progresses.   (3) This section applies to all clearing of rights-of-way across private land and on behalf of the state, county, highway districts, and road districts, whether the work is done by day labor or by contract, and unless unavoidable emergency prevents, provision shall be made by the proper officials conducting, directing, or letting the work for withholding until it is complete a sufficient portion of the payment to assure compliance with this part.   History: En. Sec. 2, Ch. 207, L. 1959; amd. Sec. 28, Ch. 253, L. 1974; amd. Sec. 3, Ch. 522, L. 1975; R.C.M. 1947, 28-405; amd. Sec. 2, Ch. 670, L. 1979; amd. Sec. 6, Ch. 513, L. 1989.
MT Code § 76-13-409 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-409. Duty of purchaser to ensure compliance -- statement -- bond

  76-13-409. Duty of purchaser to ensure compliance -- statement -- bond. (1) The initial purchaser of forest products that have been cut or are about to be cut from any private forest lands within the state shall, before making the purchase or contract to purchase, determine that the person engaged or about to engage in the cutting of these forest products has provided for the reduction or management of the fire hazard by entering into a fire hazard reduction agreement or that the person has been issued an exemption certificate as provided in 76-13-408.   (2) The purchaser shall withhold sufficient money to meet the requirements of the bond provided for in 76-13-408 plus the fees for administration, inspection, and enforcement by the department as provided in the fire hazard reduction agreement. The purchaser shall transmit all money and fees that are withheld and a report of volumes of products purchased to the department on or before the 15th day of the following month, clearly identifying by number the fire hazard reduction agreement to which the withheld money, fees, and product volumes pertain. The purchaser shall keep accurate records of the purchase and the amounts withheld, which may be inspected by the department at any reasonable time.   (3) If forest products are not received or purchased in a given month, a report showing a zero balance and stating that products were not purchased must be submitted to the department.   (4) The department may require the purchaser to post a bond to the state in a form and for an amount as may be prescribed by the department to ensure faithful compliance with this part.   History: En. Sec. 3, Ch. 207, L. 1959; amd. Sec. 29, Ch. 253, L. 1974; amd. Sec. 4, Ch. 522, L. 1975; R.C.M. 1947, 28-406; amd. Sec. 3, Ch. 670, L. 1979; amd. Sec. 8, Ch. 513, L. 1989; amd. Sec. 4, Ch. 279, L. 1999.
MT Code § 76-13-411 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-411. Certificate of clearance

  76-13-411. Certificate of clearance. When the department makes a determination of faithful compliance by the contractor with this part, the rules adopted under 76-13-403, and the fire hazard reduction agreement, the contractor must be issued a certificate of clearance by the department and be relieved of any further liability or responsibility for fire hazard reduction or management under the fire hazard reduction agreement.   History: (1)En. Sec. 9, Ch. 207, L. 1959; amd. Sec. 3, Ch. 147, L. 1971; amd. Sec. 34, Ch. 253, L. 1974; amd. Sec. 8, Ch. 522, L. 1975; Sec. 28-412, R.C.M. 1947; (2)En. Sec. 4, Ch. 207, L. 1959; amd. Sec. 30, Ch. 253, L. 1974; amd. Sec. 5, Ch. 522, L. 1975; Sec. 28-407, R.C.M. 1947; R.C.M. 1947, 28-407(4), 28-412; amd. Sec. 10, Ch. 513, L. 1989; amd. Sec. 6, Ch. 279, L. 1999.
MT Code § 76-13-412 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-412. Violations

  76-13-412. Violations. A person convicted of violating this part, except 76-13-408(4), is guilty of a misdemeanor and shall be fined not less than $100 or more than $1,000.   History: En. 28-413 by Sec. 9, Ch. 522, L. 1975; R.C.M. 1947, 28-413; amd. Sec. 7, Ch. 279, L. 1999.
MT Code § 76-13-413 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 4. Control of Timber Slash and Debris|76-13-413. Failure to submit withholding -- remedy

  76-13-413. Failure to submit withholding -- remedy. (1) If a purchaser does not submit withheld money and required reports on or before the 15th day of the following month as provided in 76-13-409, the purchaser must be notified by certified mail that the purchaser is in noncompliance and be given 15 days to submit all money and reports then due. If the purchaser fails to submit all money due within the required time, the department may initiate a lien upon the real property of the purchaser and may initiate proceedings to enjoin further processing of all wood products until all money due is paid in full and all required reports are submitted.   (2) If payment and reports are not received by the department within the 15-day period after notification as provided in subsection (1), a penalty of 5% of the payment amount due must be assessed. The department may abate the penalty if the purchaser establishes that the failure to submit the amount due or the reports as required was due to reasonable cause and was not due to neglect on the purchaser's part. The department, in addition to the penalty, may impose interest at the rate of 10% a year on any balance remaining unpaid.   (3) All money withheld by a purchaser for the contractor's bond and for department fees is considered to be excise taxes withheld for the benefit of the state within the meaning of 11 U.S.C. 507.   History: En. Sec. 5, Ch. 670, L. 1979; amd. Sec. 1, Ch. 115, L. 1981; amd. Sec. 11, Ch. 513, L. 1989; amd. Sec. 2522, Ch. 56, L. 2009.