reglab/housing_qa huggingface dataset:
MT Code § 76-13-145 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 1. Protection of Forest Resources|76-13-145. Designation of wildland-urban interface parcels

  76-13-145. Designation of wildland-urban interface parcels. (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 public, local governing bodies, and governmental fire agencies organized under Title 7, chapter 33.   (2) (a) Except as provided in subsection (2)(b), the department shall identify a county's wildland-urban interface parcels based on the wildland-urban interface designation developed as part of the county's completion of a community wildfire protection plan under 16 U.S.C. 6501, et seq., the Healthy Forests Restoration Act of 2003.   (b) If a community wildfire protection plan has not been adopted, the department shall:   (i) provide notice to the county governing body that the department intends to designate the wildland-urban interface within the county's jurisdictional boundary;   (ii) allow up to 18 months for the county to complete and adopt a community wildfire protection plan if a county had begun the process of developing a plan prior to receiving the notice from the department under subsection (2)(b)(i);   (iii) review and consider the analysis of the potential for fire and wildland fire in the county's growth policy, as required in 76-1-601(3)(j) if a growth policy has been adopted;   (iv) consult with the county governing body and governmental fire agencies organized under Title 7, chapter 33, regarding appropriate parcels to designate as wildland-urban interface parcels; and   (v) clearly identify and make available to the county governing body and governmental fire agencies the criteria the department intends to use in designating parcels.   (3) Location of a property within the wildland-urban interface designated under this section may not be the sole reason for assessing additional fire protection fees, impact fees, or other fees against the property.   (4) The department shall review each county's wildland-urban interface designation every 5 years, make changes as necessary, and maintain accurate maps and other identifying information.   History: En. Sec. 1, Ch. 397, L. 2009; amd. Sec. 1, Ch. 24, L. 2013.
MT Code § 76-13-146 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 1. Protection of Forest Resources|76-13-146. through 76-13-149 reserved

  76-13-146 through 76-13-149 reserved.
MT Code § 76-13-150 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 1. Protection of Forest Resources|76-13-150. Fire suppression account -- fund transfer

  76-13-150. Fire suppression account -- fund transfer. (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 restitution by private parties must be deposited in the account.   (4) Money in the account may be used only for:   (a) fire suppression costs;   (b) fuel reduction and mitigation;   (c) forest restoration;   (d) grants for the purchase of fire suppression equipment for county cooperatives;   (e) forest management projects on federal land;   (f) support for collaborative groups that include at least one representative of an affected county commission that is engaged with a federal forest project and for local governments engaged in litigation related to federal forest projects; and   (g) road maintenance on federal lands.   (5) Interest earned on the balance of the account is retained in the account.   (6) Except as provided in subsections (7) and (8), by August 15 following the end of each fiscal year, an amount equal to the balance of unexpended and unencumbered general fund money appropriated in excess of 0.5% of the total general fund money appropriated for that fiscal year must be transferred by the state treasurer from the general fund to the fire suppression account. General fund appropriations that continue from a fiscal year to the next fiscal year and any general fund appropriations made pursuant to 10-3-310 or 10-3-312 are excluded from the calculation.   (7) The provisions of subsection (6) do not apply in a fiscal year in which reductions required by 17-7-140 occur or if a transfer pursuant to subsection (6) would require reductions pursuant to 17-7-140.   (8) The fund balance in the account may not exceed 4% of all general fund appropriations in the second year of the biennium.   (9) By August 15 of each even-numbered fiscal year, if the balance in the account at the end of the most recently completed odd-numbered fiscal year exceeds $40 million, the excess, up to $5 million, must be used in the biennium for the purposes in subsections (4)(b) through (4)(g). Of that amount, no more than 5% may be used for the purposes of subsection (4)(f).   (10) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department for the purposes described in subsection (4).   History: En. Sec. 1, Ch. 2, Sp. L. September 2007; amd. Sec. 2, Ch. 441, L. 2009; amd. Sec. 10, Ch. 312, L. 2011; amd. Sec. 4, Ch. 368, L. 2013; amd. Sec. 5, Ch. 115, L. 2017; amd. Secs. 29, 30, Ch. 429, L. 2017.
MT Code § 76-13-151 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 1. Protection of Forest Resources|76-13-151. Good neighbor forestry accounts -- uses

  76-13-151. Good neighbor forestry accounts -- uses. (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 policy established pursuant to 76-13-104 must be deposited in the state special revenue account provided for in subsection (1) of this section.   (b) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for the purposes of the good neighbor policy established pursuant to 76-13-104 must be deposited in the appropriate account provided for in subsection (1) of this section.   (c) Federal funds received by the state through good neighbor agreements with the federal government must be deposited in the federal special revenue account provided for in subsection (1) to be used for the purposes of the good neighbor policy established pursuant to 76-13-104.   (3) Funds in the accounts are statutorily appropriated, as provided in 17-7-502, to the department only to carry out the provisions of the good neighbor policy established pursuant to 76-13-104.   History: En. Sec. 1, Ch. 437, L. 2017; amd. Sec. 2, Ch. 376, L. 2019.
MT Code § 76-13-152 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 1. Protection of Forest Resources|76-13-152. and 76-13-153 reserved

  76-13-152 and 76-13-153 reserved.
MT Code § 76-13-154 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 1. Protection of Forest Resources|76-13-154. Federal forest management projects -- attorney general authority to intervene

  76-13-154. Federal forest management projects -- attorney general authority to intervene. (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 on federal forest management projects that could affect watershed protection or restoration; and   (b) intervene in litigation involving projects that lie within a landscape-scale insect and disease area designated by the U.S. department of agriculture pursuant to the Healthy Forests Restoration Act of 2003 and the Agricultural Act of 2014.   History: En. Sec. 5, Ch. 401, L. 2013; amd. Sec. 1, Ch. 278, L. 2015.
MT Code § 76-13-201 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-201. Costs for protection from fire

  76-13-201. Costs for protection from fire. (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 fire protection to the land described in subsection (1) at a cost to the landowner of not more than $50 for each landowner in the protection district and of not more than an additional 30 cents per acre per year for each acre in excess of 20 acres owned by each landowner in each protection district, as necessary to yield the amount of money provided for in 76-13-207. Assessment, payment, and collection of the fire protection costs must be in accordance with 76-13-207.   (3) Other charges may not be assessed to a participating landowner except in cases of proved negligence on the part of the landowner or the landowner's agent or in the event of a violation of 50-63-103.   History: En. Sec. 9, Ch. 128, L. 1939; amd. Sec. 2, Ch. 141, L. 1941; amd. Sec. 1, Ch. 188, L. 1955; amd. Sec. 1, Ch. 91, L. 1959; amd. Sec. 1, Ch. 148, L. 1967; amd. Sec. 1, Ch. 252, L. 1974; amd. Sec. 6, Ch. 253, L. 1974; amd. Sec. 4, Ch. 397, L. 1977; R.C.M. 1947, 28-109; amd. Sec. 1, Ch. 643, L. 1985; amd. Sec. 1, Ch. 360, L. 1991; amd. Sec. 6, Ch. 27, L. 1997; amd. Sec. 195, Ch. 574, L. 2001; amd. Sec. 17, Ch. 336, L. 2007; amd. Sec. 1, Ch. 334, L. 2015.
MT Code § 76-13-202 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-202. Means by which department may provide protection

  76-13-202. Means by which department may provide protection. 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.   History: En. Sec. 6, Ch. 128, L. 1939; amd. Sec. 5, Ch. 253, L. 1974; amd. Sec. 3, Ch. 397, L. 1977; R.C.M. 1947, 28-106(2); amd. Sec. 18, Ch. 336, L. 2007.
MT Code § 76-13-203 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-203. Extension of wildfire season

  76-13-203. Extension of wildfire season. In the event of excessive or great fire danger, the period defined in 76-13-102(11) may be expanded when in the judgment of the department dangerous fire conditions exist. When expanded, the department shall give public notice.   History: En. Sec. 3, Ch. 128, L. 1939; amd. Sec. 1, Ch. 216, L. 1955; amd. Sec. 1, Ch. 93, L. 1959; amd. Sec. 1, Ch. 30, L. 1971; amd. Sec. 2, Ch. 253, L. 1974; amd. Sec. 1, Ch. 397, L. 1977; R.C.M. 1947, 28-103(part); amd. Sec. 19, Ch. 336, L. 2007.
MT Code § 76-13-204 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-204. Creation, annexation of land into, and dissolution of wildland fire protection districts

  76-13-204. Creation, annexation of land into, and dissolution of wildland fire protection districts. (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 hearing in any county in which land affected by the proposed change is located.   (a) The department shall give notice at least 20 days in advance of the hearing to all property owners to be affected by the proposed change. Service of the notice must be made by certified mail to each affected property owner and by publication of the notice in a newspaper published or generally circulated in the county in which the hearing is to be held.   (b) The department shall consider the arguments made for and against the proposed change in making a determination under this section.   (3) (a) A wildland fire protection district may not be created or dissolved unless approved in writing by a vote of not less than 51% of the owners representing at least 51% of the acreage to be involved in the affected wildland fire protection district.   (b) Land may not be annexed into a district unless approved by 51% of the owners representing at least 51% of the acreage to be annexed.   (4) Land annexed into a district may not be removed from that district unless that district is dissolved.   History: En. Sec. 5, Ch. 128, L. 1939; amd. Sec. 1, Ch. 90, L. 1959; amd. Sec. 1, Ch. 83, L. 1963; amd. Sec. 1, Ch. 149, L. 1967; amd. Sec. 4, Ch. 253, L. 1974; amd. Sec. 2, Ch. 397, L. 1977; R.C.M. 1947, 28-105(1); amd. Sec. 1, Ch. 147, L. 1993; amd. Sec. 7, Ch. 27, L. 1997; amd. Sec. 20, Ch. 336, L. 2007.
MT Code § 76-13-205 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-205. Determination of boundaries of district

  76-13-205. Determination of boundaries of district. In establishing boundaries of organized wildland fire protection districts, the department may for the purpose of administrative convenience designate recognizable landmarks as boundaries.   History: En. Sec. 10, Ch. 128, L. 1939; amd. Sec. 1, Ch. 92, L. 1959; amd. Sec. 7, Ch. 253, L. 1974; amd. Sec. 5, Ch. 397, L. 1977; R.C.M. 1947, 28-110(2); amd. Sec. 8, Ch. 27, L. 1997; amd. Sec. 21, Ch. 336, L. 2007.
MT Code § 76-13-206 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-206. What constitutes compliance with duty to protect against fire

  76-13-206. What constitutes compliance with duty to protect against fire. 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.   History: En. Sec. 10, Ch. 128, L. 1939; amd. Sec. 1, Ch. 92, L. 1959; amd. Sec. 7, Ch. 253, L. 1974; amd. Sec. 5, Ch. 397, L. 1977; R.C.M. 1947, 28-110(1); amd. Sec. 22, Ch. 336, L. 2007.
MT Code § 76-13-207 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-207. Determination and collection of costs of fire protection

  76-13-207. Determination and collection of costs of fire protection. (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 shall cause an assessment to be made on the owners of land, as specified in 76-13-105 and 76-13-201, sufficient to bring the total amount received from the landowners to no greater than one-third of the amount specified in the appropriation.   (2) On or before the first Tuesday in September of each year, the department shall certify in writing to the department of revenue the names of these owners of lands in each county, together with a description of their lands and a statement of the amount found to be due and owing by each of the owners to the department for wildland fire protection.   (3) Upon receiving the certificate from the department showing the amount due, the department of revenue shall extend the amounts upon the county tax rolls covering the lands, and the sums become obligations of the owner, to be paid and collected in the same manner and at the same time and subject to the same penalties as general state and county taxes upon the same property are collected.   History: En. Sec. 11, Ch. 128, L. 1939; amd. Sec. l, Ch. 95, L. 1959; amd. Sec. 215, Ch. 147, L. 1963; amd. Sec. 8, Ch. 253, L. 1974; amd. Sec. 1, Ch. 110, L. 1977; amd. Sec. 6, Ch. 397, L. 1977; R.C.M. 1947, 28-111(part); amd. Sec. 2, Ch. 643, L. 1985; amd. Sec. 138, Ch. 27, Sp. L. November 1993; amd. Sec. 23, Ch. 336, L. 2007.
MT Code § 76-13-208 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-208. Nature of assessments for wildland fire protection

  76-13-208. Nature of assessments for wildland fire protection. 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.   History: En. Sec. 11, Ch. 128, L. 1939; amd. Sec. l, Ch. 95, L. 1959; amd. Sec. 215, Ch. 147, L. 1963; amd. Sec. 8, Ch. 253, L. 1974; amd. Sec. 1, Ch. 110, L. 1977; amd. Sec. 6, Ch. 397, L. 1977; R.C.M. 1947, 28-111(3); amd. Sec. 24, Ch. 336, L. 2007.
MT Code § 76-13-209 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-209. Disposition of assessments

  76-13-209. Disposition of assessments. 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.   History: En. Sec. 11, Ch. 128, L. 1939; amd. Sec. l, Ch. 95, L. 1959; amd. Sec. 215, Ch. 147, L. 1963; amd. Sec. 8, Ch. 253, L. 1974; amd. Sec. 1, Ch. 110, L. 1977; amd. Sec. 6, Ch. 397, L. 1977; R.C.M. 1947, 28-111(part); amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 8, Ch. 700, L. 1989; amd. Sec. 25, Ch. 336, L. 2007.
MT Code § 76-13-210 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-210. Payment under protest

  76-13-210. Payment under protest. 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, stating the reasons for the protest. The payment under protest and all proceedings subsequent to the payment must conform with the law of this state providing for the payment of taxes under protest and action to recover the payment. In the hearing and determination of any action to recover the payment under protest, all questions of the legality and reasonableness of the proceedings of the department may be reviewed and decided.   History: En. Sec. 12, Ch. 128, L. 1939; amd. Sec. 9, Ch. 253, L. 1974; R.C.M. 1947, 28-112; amd. Sec. 26, Ch. 336, L. 2007.
MT Code § 76-13-211 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-211. Amount due for protection treated as lien

  76-13-211. Amount due for protection treated as lien. (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 amount due is paid.   (2) The lien has the same force, effect, and priority as general tax liens under the laws of the state and is subject and inferior only to tax liens on the wildland or timber. The county attorney of the county in which the wildland or timber is situated shall on request of the department foreclose the lien in the name of the state and in the manner provided by law, or the county attorney upon the request of the department shall institute an action against the landowner in the name of the state in any district or justice court having jurisdiction to recover the debt. The state in the action is not required to pay any fees or costs to the clerk of the court or justice of the peace.   (3) The remedies provided by this section are cumulative and do not affect the other provisions of part 1 or this part for the payment and collection of amounts due to the department.   History: En. Sec. 13, Ch. 128, L. 1939; amd. Sec. 10, Ch. 253, L. 1974; R.C.M. 1947, 28-113; amd. Sec. 52, Ch. 587, L. 1987; amd. Sec. 27, Ch. 336, L. 2007; amd. Sec. 110, Ch. 2, L. 2009.
MT Code § 76-13-212 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-212. Duty of landowner to protect against fire

  76-13-212. Duty of landowner to protect against fire. (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) (a) The provisions of 76-13-201 apply to an owner of land that is classified as forest land under 76-13-107 and that is within a wildland fire protection district.   (b) If an owner of land does not provide for protection against the starting or existence of fire and for fire suppression and the land does not meet the criteria in subsection (2)(a), the owner may request that the department provide protection as provided in 76-13-105.   History: En. Sec. 16, Ch. 336, L. 2007.
MT Code § 76-13-213 (2021)
2021 Montana Code Annotated|Title 76. Land Resources and Use|Chapter 13. Timber Resources|Part 2. Provision of Fire Protection Services|76-13-213. Formula to set landowner assessments for fire protection

  76-13-213. Formula to set landowner assessments for fire protection. (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 to fund the protection costs.   (2) The individual assessments must be established using the following criteria:   (a) Each person or corporation who is responsible for fire protection pursuant to 76-13-108 and 76-13-201 and for whom the department provides fire protection must be assessed a per capita landowner fee. The total per capita landowner assessments statewide from persons or corporations who own 20 acres or less of land for which the department provides protection must be as close as administratively possible to 60% of the total private landowner assessments.   (b) A person or corporation who owns more than 20 acres of land for which the department provides protection shall, in addition to the fee assessed pursuant to subsection (2)(a), pay a per-acre fee for each whole acre that the person owns in excess of 20 acres. The total of all assessments statewide from persons or corporations that own more than 20 acres must be as close as administratively possible to 40% of the total private landowner assessments.   (c) A person who owns a share of property and has full ownership of a unit on the property must be assessed an amount not less than one-half of the amount established to be assessed for the property under subsection (2)(a).   (3) (a) Except as provided in subsection (3)(b), the per capita and per-acre fees must remain in effect for subsequent years.   (b) The department shall reset the per capita and per-acre fees whenever it is necessary to obtain up to one-third of the amount appropriated by the legislature.   (c) Whenever the department resets the fees pursuant to subsection (3)(b), it shall do so in accordance with 76-13-201(2).   History: En. Sec. 29, Ch. 336, L. 2007; amd. Sec. 1, Ch. 173, L. 2009.