reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-201. Sale of timber

77-5-201. Sale of timber.
(1) Under the direction of the board, the department may sell the timber crop and other crops of the forests after examination, estimate, appraisal, and report and under any rules established by the board. Timber or forest products sold from state trust lands may be sold by a stumpage method or a lump-sum method or marketed by the state through contract harvesting as provided in 77-5-214 through 77-5-219.
(2) Timber proposed for sale in excess of 500,000 board feet must be advertised in a paper of the county in which the timber is situated or on the department's website for a period of at least 30 days, during which time the department must receive sealed bids up to the hour of the closing of the bids, as specified in the notice of sale.
(3) (a) In cases of emergency because of fire, insect, fungus, parasite, or blowdown or to address forest health concerns or in cases when the department is required to act immediately to take advantage of access granted by permission of an adjoining landowner, timber proposed for sale not in excess of 1 million board feet may be advertised by invitation to bid for a period of not less than 10 days. The department may reject any bids, upon approval of the board, or it shall award the sale to the highest responsible bidder.
(b) (i) In cases when the department is required to act immediately to take advantage of access granted by permission of an adjoining landowner and there is only one potential buyer with legal access, the department may negotiate a sale of timber not in excess of 2 million board feet without offering the timber for bid if the sale is for fair market value.
(ii) The provisions of subsection (3)(b)(i) do not apply to situations when the only access is totally controlled by a potential purchaser of the timber, in which case the department shall seek to negotiate permanent, reciprocal access.
(c) In the situations described in subsections (3)(a) and (3)(b)(i), the department is not required to comply with the provisions of 75-1-201(1) to the extent that compliance is precluded by limited time available to take advantage of the sales opportunities described by this subsection (3).
History: En. Sec. 4, Ch. 179, L. 1925; re-en. Sec. 1830.4, R.C.M. 1935; amd. Sec. 98, Ch. 253, L. 1974; amd. Sec. 1, Ch. 301, L. 1977; R.C.M. 1947, 81-1404(part); amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 1, Ch. 139, L. 1983; amd. Sec. 1, Ch. 223, L. 1995; amd. Sec. 8, Ch. 494, L. 2007; amd. Sec. 1, Ch. 116, L. 2017; amd. Sec. 1, Ch. 82, L. 2019; amd. Sec. 1, Ch. 143, L. 2023.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-202. Agreement with purchaser -- bond

77-5-202. Agreement with purchaser -- bond.
(1) Upon award of sale the purchaser shall execute a formal agreement, approved by the board, which describes the area on which the timber is to be cut, the approximate quantity to be cut by species, and the rate for each product of each species. The agreement shall stipulate that all timber shall be paid for in advance of cutting, fix a date for termination of the agreement, and define rules of silviculture, cutting, utilization, scaling, and slash disposal and such other rules as in the discretion of the board are essential to the perpetuation of the state forests.
(2) (a) Except as provided in subsection (2)(b), as a guarantee for the faithful performance of the agreement, the purchaser shall be required to furnish a bond, with sufficient sureties, to the state of Montana, in an amount equal to the potential loss to the state, as determined by the department.
(b) The bond required under this section must be in an amount equal to at least 5% of the estimated value of the timber sold.
History: (1)En. Sec. 4, Ch. 179, L. 1925; re-en. Sec. 1830.4, R.C.M. 1935; amd. Sec. 98, Ch. 253, L. 1974; amd. Sec. 1, Ch. 301, L. 1977; Sec. 81-1404, R.C.M. 1947; (2)En. Sec. 5, Ch. 179, L. 1925; re-en. Sec. 1830.5, R.C.M. 1935; Sec. 81-1405, R.C.M. 1947; R.C.M. 1947, 81-1404(part), 81-1405; amd. Sec. 1, Ch. 373, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-203. Breach of timber sale agreement

77-5-203. Breach of timber sale agreement.
For breach of timber sale agreement, the department may suspend cutting or removal of the timber and take such steps as are advisable upon advice and counsel of the attorney general to adjust the breach or to liquidate the state's claim for damages or it may submit the case with full report as to damages sustained by the state to the attorney general for collection on the bond.
History: En. Sec. 6, Ch. 179, L. 1925; re-en. Sec. 1830.6, R.C.M. 1935; amd. Sec. 99, Ch. 253, L. 1974; R.C.M. 1947, 81-1406; amd. Sec. 1, Ch. 529, L. 1981.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-204. Sale of timber -- fee for forest improvement

77-5-204. Sale of timber -- fee for forest improvement.
(1) The board may sell timber on state lands or other forest products removed from state lands, as provided in 77-5-214 through 77-5-219, at a per-unit price when, in the board's judgment, it is in the best interest of the state, provided that live timber is not sold for less than full market value.
(2) Timber sold or cut from state lands must be cut and removed under rules that may be prescribed by the board for standing timber preservation and fire prevention. In all cases, the board shall require the person cutting the timber to pile and burn or otherwise dispose of the brush and slash in the manner that may be prescribed by the board.
(3) Before the sale of timber is granted, the value of the timber must be appraised under the direction of the department, upon the request and subject to the approval of the board. An appraisal must show as nearly as possible the per-unit value, when appropriate, of all merchantable forest products.
(4) In addition to the price of the forest products established under subsection (1), the board may require a timber or other forest product purchaser to pay a fee for forest improvement unless the timber is to be harvested from land granted to the state pursuant to the Morrill Act of 1862, 7 U.S.C. 301 through 308, and the Morrill Act of 1890, 7 U.S.C. 321 through 329. Revenue from the fee must be deposited in the forest improvement account, established in 77-5-224, to the credit of the department and, as appropriated by the legislature, may be used only for:
(a) disposing of logging slash;
(b) acquiring access and maintaining roads necessary for timber harvesting on state lands;
(c) reforesting, thinning, and otherwise improving the condition and income potential of forested state lands; and
(d) complying with legal requirements for timber harvesting.
History: En. Sec. 3560, p. 193, L. 1897; re-en. Sec. 2213, Rev. C. 1907; amd. Sec. 53, Ch. 147, L. 1909; amd. Sec. 4, Ch. 118, L. 1911; amd. Sec. 1, Ch. 26, L. 1919; re-en. Sec. 1872, R.C.M. 1921; amd. Sec. 1, Ch. 132, L. 1933; re-en. Sec. 1872, R.C.M. 1935; amd. Sec. 219, Ch. 147, L. 1963; amd. Sec. 82, Ch. 428, L. 1973; R.C.M. 1947, 81-1601; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 446, L. 1993; amd. Sec. 2, Ch. 157, L. 1995; amd. Sec. 11, Ch. 247, L. 2007; amd. Sec. 9, Ch. 494, L. 2007; amd. Sec. 21, Ch. 465, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-205. Approval or disapproval of sales

77-5-205. Approval or disapproval of sales.
All sales of timber on state lands shall be subject to the approval and confirmation by the board, and no sale shall be deemed completed until after such approval and confirmation. The board shall have the power and it shall be its duty to disapprove any sale which in its opinion would be disadvantageous to the state.
History: En. Sec. 82, Ch. 60, L. 1927; re-en. Sec. 1805.82, R.C.M. 1935; R.C.M. 1947, 81-918(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-206. Management of timber by department

77-5-206. Management of timber by department.
(1) The department shall supervise all the management of timber before it is cut and secure the most complete utilization of all forest products consistent with the current forest management practices.
(2) It shall instruct and supervise the cruisers, forest wardens, and scalers in the conduct of their work and fix and establish the standard practice in timber sales administration.
(3) Records of converting factors, units of measure, and the scale of logs shall be kept as a permanent public record showing the date of scale or measurement, the designation of the scale, and the name of the scaler.
(4) Where the volume of timber involved is not in excess of 1 million board feet log scale, the department may designate each tree to be cut and make a tree scale measurement of all trees to be sold.
History: En. Sec. 8, Ch. 179, L. 1925; re-en. Sec. 1830.8, R.C.M. 1935; amd. Sec. 1, Ch. 40, L. 1945; amd. Sec. 1, Ch. 219, L. 1955; amd. Sec. 1, Ch. 145, L. 1963; amd. Sec. 100, Ch. 253, L. 1974; R.C.M. 1947, 81-1408; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 1, Ch. 110, L. 1991.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-207. Salvage timber program

77-5-207. Salvage timber program.
(1) The department shall establish a salvage timber program that provides for the timely salvage logging on state forests of dead or dying timber or timber that is threatened by insects, disease, fire, or windthrow. In managing the harvest of salvage timber, the department shall consider:
(a) the economic value of the timber to be salvaged;
(b) the cost of salvage efforts; and
(c) the long-term costs to all forest resources from insects, disease, or fire that otherwise might be controlled through salvage operations.
(2) The department shall, to the extent practicable, harvest dead and dying timber before there is substantial wood decay and value loss.
(3) The department may sell salvage timber pursuant to this part.
(4) The department's salvage timber program may not take precedence over the timely sale and harvest of green timber.
History: En. Sec. 2, Ch. 285, L. 1993.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-211. Repealed

77-5-211. Repealed.
Sec. 7, Ch. 270, L. 2001.
History: En. Sec. 7, Ch. 179, L. 1925; re-en. Sec. 1830.7, R.C.M. 1935; amd. Sec. 1, Ch. 217, L. 1955; R.C.M. 1947, 81-1407(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-212. Commercial permits for timber sale

77-5-212. Commercial permits for timber sale.
(1) Permits for quantities of 500,000 board feet or less may be issued to citizens of the state for commercial purposes, at commercial rates, without advertising, and under restrictions and rules that the board may approve for the sale of timber.
(2) To apply for a permit under this section, an individual shall:
(a) complete a permit application on a form provided by the department and submit the completed application to the department office that is responsible for management of the state land where the proposed sale is located;
(b) using ribbon, mark the area of the proposed sale; and
(c) designate on a U.S. geological survey map or other approved map the area proposed for sale and existing roads that would be used to remove timber from the site.
(3) For sales of less than 30,000 board feet, an individual shall provide proof of vehicle liability insurance and $1 million in commercial general liability insurance, naming the state of Montana as additionally insured, and shall provide a performance bond in an amount not to exceed $1,000.
(4) For sales of 30,000 board feet or more, an individual shall provide proof of vehicle liability insurance and $1 million in commercial general liability insurance, naming the state of Montana as additionally insured, and shall provide a performance bond in accordance with 77-5-202.
(5) Unless the timber proposed for sale is already sold or is part of another proposed sale being reviewed by the department, the department shall review completed permit applications within 30 days of the application's submittal. If the proposed sale complies with existing state and federal laws and regulations, the department shall perform an appraisal within 60 days of the application's submittal.
(6) The department shall issue a permit within 5 working days of the date that the applicant agrees to the terms of the proposed sale, unless the parties mutually agree upon a time extension.
(7) Repeated permits of this kind may not be issued to avoid advertising and the consequent competition secured by advertising.
(8) Permit applications for timber sales in cases of emergency due to fire, insect, fungus, parasite, or blowdown, and no other, are categorical exclusions as defined by rule, and the department is not required to comply with the provisions of 75-1-201(1) in reviewing those applications.
(9) Proposed timber sales under subsection (8) do not take precedence over the timely sale and harvest of green timber pursuant to 77-5-207.
(10) Permit applications made pursuant to this section may be subject to further environmental review, and the number of permits may be limited if the department determines that sales may have a cumulative effect on geographic area.
History: En. Sec. 7, Ch. 179, L. 1925; re-en. Sec. 1830.7, R.C.M. 1935; amd. Sec. 1, Ch. 217, L. 1955; R.C.M. 1947, 81-1407(part); amd. Sec. 1, Ch. 101, L. 2005; amd. Sec. 1, Ch. 108, L. 2009; amd. Sec. 2, Ch. 82, L. 2019.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-213. Repealed

77-5-213. Repealed.
Sec. 8, Ch. 18, L. 1999.
History: En. Sec. 7, Ch. 179, L. 1925; re-en. Sec. 1830.7, R.C.M. 1935; amd. Sec. 1, Ch. 217, L. 1955; R.C.M. 1947, 81-1407(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 5. Timber Resources › Part 2. Timber Sales and Removal › 77-5-214. Statement of policy

77-5-214. Statement of policy.
(1) The application of contract harvesting on Montana's trust lands provides an opportunity to improve forest health and long-term productivity, increase options for managing forests in environmentally sensitive areas, and provide potential revenue benefits for trust beneficiaries.
(2) It is important that the department has clear authorization and direction for conducting contract harvesting, including marketing and selling log sorts and other forest products.
(3) A clear funding mechanism addressing the receipt of revenue and payment for costs associated with contract harvesting projects provides the transparent process that allows beneficiaries to understand the costs and benefits associated with contract harvesting.
(4) Contract harvesting has the potential to result in increased bidder activity, better use and merchandising of products, improved harvesting results and environmental protection, and quicker completion of projects when time constraints are a factor.
History: En. Sec. 1, Ch. 494, L. 2007.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-103. Lease of state land to United States for military purposes authorized

77-6-103. Lease of state land to United States for military purposes authorized.
The board, when it considers it in the public interest, may lease to the United States for military purposes any state land, whether such land was received by the state through federal land grants or whether such land consists of so-called "mortgage lands", on such terms and conditions as it considers necessary to promote the public welfare and protect the interests of the state. Rental shall be payable at the end of each year of the lease.
History: En. Sec. 1, Ch. 122, L. 1943; amd. Sec. 25, Ch. 428, L. 1973; R.C.M. 1947, 81-424.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-105. Criteria for determining land to be included in single lease

77-6-105. Criteria for determining land to be included in single lease.
(1) All lands shall be leased in as compact bodies as possible, and care shall be taken not to separate parts of any section from the section lines or public highways or from any available water supply or in a form that will make it more difficult to lease the remaining state lands in the section in which they are located.
(2) There may be included under one lease tracts of lands embracing more than one section.
History: (1)En. Sec. 27, Ch. 60, L. 1927; re-en. Sec. 1805.27, R.C.M. 1935; amd. Sec. 3, Ch. 257, L. 1965; amd. Sec. 16, Ch. 428, L. 1973; Sec. 81-413, R.C.M. 1947; (2)En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; Sec. 81-407, R.C.M. 1947; R.C.M. 1947, 81-407(part), 81-413(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-106. Repealed

77-6-106. Repealed.
Sec. 6, Ch. 488, L. 1985.
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(4).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-107. Leases of land wanted for both agricultural and grazing use

77-6-107. Leases of land wanted for both agricultural and grazing use.
If there are applications or bids for renting certain land for grazing purposes and also applications or bids for renting the same land for agricultural purposes, an inspection of the land shall be made by the department at the earliest practical opportunity and a determination made, based on its findings, of the highest and best use which can be made of the land or portions thereof. Any lease of the land subsequent to the applications or bids shall be such as to return to the state revenue commensurate with the highest and best use.
History: En. Sec. 27, Ch. 60, L. 1927; re-en. Sec. 1805.27, R.C.M. 1935; amd. Sec. 3, Ch. 257, L. 1965; amd. Sec. 16, Ch. 428, L. 1973; R.C.M. 1947, 81-413(part).
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-108. Who may lease

77-6-108. Who may lease.
A person may not lease state lands, except one who is the head of a family, unless the person has attained 18 years of age. An eligible person and an association, company, or corporation authorized to hold lands under lease may lease state lands and may hold more than one lease to state lands.
History: En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; R.C.M. 1947, 81-407(part); amd. Sec. 2564, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-109. Duration of agricultural or grazing lease

77-6-109. Duration of agricultural or grazing lease.
Except as provided in 77-6-116, a lease for agricultural or grazing lands may not be for a period other than 5 or 10 years.
History: En. Sec. 23, Ch. 60, L. 1927; amd. Sec. 2, Ch. 42, L. 1933; re-en. Sec. 1805.23, R.C.M. 1935; amd. Sec. 2, Ch. 65, L. 1939; amd. Sec. 5, Ch. 260, L. 1963; amd. Sec. 18, Ch. 240, L. 1971; amd. Sec. 30, Ch. 94, L. 1973; amd. Sec. 14, Ch. 428, L. 1973; amd. Sec. 3, Ch. 135, L. 1974; R.C.M. 1947, 81-407(part); amd. Sec. 3, Ch. 488, L. 1985; amd. Sec. 2, Ch. 555, L. 1989; amd. Sec. 15, Ch. 404, L. 2003.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-110. Lease expiration dates

77-6-110. Lease expiration dates.
Except as provided in 77-6-116, all leases for agricultural lands, grazing lands issued after February 27, 1939, no matter on what date issued, shall expire on February 28 within 10 years from the date on which the lease becomes effective.
History: En. Sec. 24, Ch. 60, L. 1927; re-en. Sec. 1805.24, R.C.M. 1935; amd. Sec. 3, Ch. 65, L. 1939; amd. Sec. 4, Ch. 135, L. 1974; R.C.M. 1947, 81-408; amd. Sec. 3, Ch. 555, L. 1989.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-111. Terminated

77-6-111. Terminated.
Sec. 2, Ch. 304, L. 1977.
History: En. 81-407.1 by Sec. 1, Ch. 304, L. 1977; R.C.M. 1947, 81-407.1.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-112. Liens on crops and improvements

77-6-112. Liens on crops and improvements.
(1) The state has a lien upon all crops growing upon any of its land and upon the crops after they have been separated from the land for any rentals and penalties due or delinquent under the lease on the land or becoming due during the calendar year in which the crops are harvested, for any year or part of a year that the land has been held or used by the lessee. This lien applies to all buildings, structures, fences, and other improvements and is prior and superior to all other liens, except thresher's liens and seed liens specified in 71-3-701 and 71-3-801, which have priority, but only for the aggregate amount of the indebtedness then existing, including any advances made, interest due and other charges as evidenced by the original loan-contract, and indebtedness accumulating, exclusive of any other future advances originally contemplated.
(2) Any person acquiring any of these crops or improvements takes them subject to this lien. The department or the sheriff of the county in which the land is located may demand of the lessee payment of the amounts due the state, and if they are not paid upon demand, the officer making the demand or the department may seize and sell, either at a private or public sale, upon giving notice for not less than 3 days of the sale, sufficient of those crops or improvements, or of both, to pay the amounts due the state, together with costs and expenses of seizure and sale. These provisions relating to liens on crops and improvements must be embodied in all leases for agricultural and grazing lands and for town, city, or other lots.
History: En. Sec. 31, Ch. 60, L. 1927; re-en. Sec. 1805.31, R.C.M. 1935; amd. Sec. 20, Ch. 428, L. 1973; R.C.M. 1947, 81-418; amd. Sec. 2565, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-113. Lease conditions -- cancellation

77-6-113. Lease conditions -- cancellation.
(1) It is a condition of all leases of agricultural or grazing state lands that:
(a) in the case of agricultural lands, the lessee shall observe the ordinary rules for good management of agricultural lands and shall handle the leased land with the view of maintaining its productivity and minimizing wind and soil erosion and noxious weeds and planting crops with a view of securing the greatest yields of good quality; and
(b) in the case of grazing lands, the lessee shall observe the ordinary rules for good range management and shall manipulate the numbers, class, distribution, and season of the range use and the handling, feeding, breeding, and marketing of grazing livestock with a view of securing the production of the maximum of livestock and livestock products, consistent with the conservation of the land resources and the perpetuation of its productivity, and to these ends the state land lease may not be abused by overgrazing.
(2) For the gross violation of any of these rules, the lease involved must be canceled by the department, subject to the appeal procedure provided in 77-6-211.
(3) This section may not be construed to interfere with the right of the owner of property adjacent to a navigable river or stream to control noxious weeds on the land adjacent to the navigable river or stream.
History: En. Sec. 10, Ch. 207, L. 1945; amd. Sec. 4, Ch. 254, L. 1947; amd. Sec. 3, Ch. 27, L. 1971; amd. Sec. 18, Ch. 428, L. 1973; R.C.M. 1947, 81-415; amd. Sec. 12, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 77. State Lands › Chapter 6. Agricultural, Grazing, and Other Surface Leases › Part 1. General Provisions › 77-6-114. Repealed

77-6-114. Repealed.
Sec. 5, Ch. 313, L. 2007.
History: En. Sec. 11, Ch. 195, L. 1939; amd. Sec. 3, Ch. 90, L. 1941; amd. Sec. 3, Ch. 228, L. 1947; R.C.M. 1947, 16-1715(part); amd. Sec. 30, Ch. 607, L. 1985; amd. Sec. 124, Ch. 114, L. 2003.