reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-114. Criteria for evaluation of loan applications

76-14-114. Criteria for evaluation of loan applications.
The following criteria must be considered in selecting loan recipients:
(1) Loan applications must be ranked according to the following priorities:
(a) Range improvement or development projects undertaken on native rangeland, resulting in the improvement of native range condition and of benefit to more than a single operator, have first priority.
(b) Range improvement or development projects undertaken on native rangeland, resulting in the improvement of native range condition but of benefit to only a single operator, have second priority.
(c) Range improvement or development projects undertaken on either native rangeland or tame pastureland used in conjunction with native rangeland, or both, resulting in the improvement of native range condition and the condition of the tame pastureland used in conjunction with native rangeland, have third priority.
(d) Range improvement or development projects undertaken on tame pastureland, resulting in the improvement of the tame pastureland exclusively, have fourth priority.
(e) Range improvement or development projects undertaken to return to rangeland status land that was once native rangeland and that has since been cultivated have fifth priority.
(2) Consideration must be given to the number of related resources that will benefit, including but not limited to water quality, wildlife habitat, and soil conservation.
(3) Consideration must be given to the amount of funding from other sources.
(4) Consideration must be given to the feasibility and practicality of the project.
History: En. Sec. 5, Ch. 171, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-115. Selection of loan recipients

76-14-115. Selection of loan recipients.
(1) Conservation district supervisors shall initially review loan applications for feasibility and prioritize applications for referral to the department.
(2) The department shall organize and review applications for clarity and completeness prior to committee review.
(3) The committee shall consider applications and make recommendations to the department.
(4) The department shall finally approve or disapprove applications recommended by the committee and shall select loan recipients.
History: En. Sec. 6, Ch. 171, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-116. Rules

76-14-116. Rules.
The department shall adopt rules:
(1) prescribing the form and content of applications for loans and the required conservation plan;
(2) governing the application of the criteria for awarding loans and the procedure for the review of applications by conservation district supervisors, the committee, and the department;
(3) providing for the servicing of loans, including arrangements for obtaining security interests and the establishment of reasonable fees or charges;
(4) providing for the confidentiality of financial statements submitted; and
(5) prescribing the conditions for making loans.
History: En. Sec. 7, Ch. 171, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 1. General Provisions › 76-15-102. Declaration of policy

76-15-102. Declaration of policy.
It is hereby declared to be the policy of the legislature to provide for the conservation of soil and soil resources of this state, for the control and prevention of soil erosion, for the prevention of floodwater and sediment damages, and for furthering the conservation, development, utilization, and disposal of water and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state.
History: En. Sec. 2, Ch. 72, L. 1939; amd. Sec. 1, Ch. 5, L. 1959; R.C.M. 1947, 76-102(D).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 1. General Provisions › 76-15-103. Definitions

76-15-103. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Agency of this state" includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state.
(2) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(3) "District" or "conservation district" means a governmental subdivision of this state and a public body corporate and politic organized in accordance with this chapter, for the purposes, with the powers, and subject to the restrictions set forth in this chapter.
(4) "Due notice" means notice published at least twice, with an interval of at least 14 days between the two publication dates, in a newspaper or other publication of general circulation within the proposed area or by posting at a reasonable number of conspicuous places within the appropriate area. The posting must include, when possible, posting at public places where it is customary to post notices concerning county or municipal affairs generally.
(5) "Government" or "governmental" includes the government of this state, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them.
(6) "Land occupier" or "occupier of land" includes a person, firm, corporation, municipality, or other entity that holds title to or is in possession of lands lying within a district organized under this chapter, whether as owner, lessee, renter, tenant, or otherwise.
(7) "Petition" means a petition filed under 76-15-201 for the creation of a district.
(8) "Qualified elector" means an elector as defined in Title 13.
(9) "Supervisor" means one of the members of the governing body of a district, elected or appointed in accordance with this chapter.
(10) "United States" or "agencies of the United States" includes the United States of America, the natural resource conservation service of the United States department of agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
History: En. Sec. 3, Ch. 72, L. 1939; amd. Sec. 2, Ch. 73, L. 1961; amd. Sec. 1, Ch. 146, L. 1967; amd. Sec. 2, Ch. 431, L. 1971; amd. Sec. 88, Ch. 253, L. 1974; R.C.M. 1947, 76-103(part); amd. Sec. 393, Ch. 571, L. 1979; amd. Sec. 269, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 1. General Provisions › 76-15-104. Adjournment of hearings

76-15-104. Adjournment of hearings.
At any hearing held pursuant to the notice, at the time and place designated in the notice, adjournment may be made from time to time without the necessity of renewing the notice for the adjourned dates.
History: En. Sec. 3, Ch. 72, L. 1939; amd. Sec. 2, Ch. 73, L. 1961; amd. Sec. 1, Ch. 146, L. 1967; amd. Sec. 2, Ch. 431, L. 1971; amd. Sec. 88, Ch. 253, L. 1974; R.C.M. 1947, 76-103(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 1. General Provisions › 76-15-105. Duties of department

76-15-105. Duties of department.
In addition to the duties hereinafter conferred upon the department, it shall:
(1) offer assistance as may be appropriate to the supervisors of conservation districts in the carrying out of their powers and programs;
(2) keep the supervisors of each of the several districts informed of the activities and experiences of all other districts and facilitate an interchange of advice and experiences between the districts and cooperation between them;
(3) coordinate the programs of the several conservation districts hereunder so far as this may be done by advice and consultation;
(4) secure the cooperation and assistance of the United States and of agencies of this state in the work of the districts;
(5) disseminate information throughout the state concerning the activities and programs of the conservation districts; and
(6) encourage the formation of districts in areas where their organization is desirable.
History: En. Sec. 4, Ch. 72, L. 1939; amd. Sec. 1, Ch. 21, L. 1951; amd. Sec. 1, Ch. 47, L. 1967; amd. Sec. 1, Ch. 291, L. 1969; amd. Sec. 3, Ch. 431, L. 1971; amd. Sec. 89, Ch. 253, L. 1974; R.C.M. 1947, 76-104.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 1. General Provisions › 76-15-106. Conservation district account

76-15-106. Conservation district account.
There is a conservation district account in the state special revenue fund established by 17-2-102 to be administered by the department of natural resources and conservation for providing funding for conservation districts.
History: En. Sec. 6, Ch. 351, L. 2017; amd. Sec. 2, Ch. 138, L. 2021; amd. Sec. 2, Ch. 119, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 1. General Provisions › 76-15-107. Exemption from environmental review

76-15-107. Exemption from environmental review.
The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.
History: En. Sec. 1, Ch. 116, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 1. General Provisions › 76-15-108. Conservation district fund -- conservation district special revenue account

76-15-108. Conservation district fund -- conservation district special revenue account.
(1) There is a conservation district fund administered by the department of administration. Pursuant to 17-5-703, a percentage of coal severance taxes received by the state must be deposited into this fund. Earnings not transferred to the conservation district account as provided in subsection (2) must be retained in the conservation district fund.
(2) The conservation district account established in 76-15-106 receives earnings from the conservation district fund as provided in 17-5-703.
History: En. Sec. 2, Ch. 717, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-201. Petition to create conservation district

76-15-201. Petition to create conservation district.
(1) Any 10% of the qualified electors within the limits of the territory proposed to be organized into a district may file a petition with the department asking that the department approve the organization of a conservation district to function in the territory described in the petition.
(2) The petition must set forth:
(a) the proposed name of the district;
(b) that there is need in the interest of the public health, safety, and welfare for a conservation district to function in the territory described in the petition;
(c) a description of the territory proposed to be organized as a district, which description may not be required to be given by metes and bounds or by legal subdivisions but is sufficient if generally accurate;
(d) a request that:
(i) the department define the boundaries for the district;
(ii) a referendum be held within the territory defined on the question of the creation of a conservation district in the territory; and
(iii) the department determine that a district be created.
(3) Where more than one petition is filed covering parts of the same territory, the department may consolidate all or any part of the petitions.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(1), (2); amd. Sec. 1, Ch. 76, L. 1985; amd. Sec. 270, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-202. Hearing on petition

76-15-202. Hearing on petition.
(1) Within 30 days after a petition has been filed with the department, it shall cause due notice to be given of a proposed hearing before the department upon the question of the desirability and necessity in the interest of the public health, safety, and welfare of the creation of the district; upon the question of the appropriate boundaries to be assigned to the district; upon the propriety of the petition and other proceedings taken under this chapter; and upon all questions relevant to those inquiries.
(2) All qualified electors within the limits of the territory described in the petition and of lands within any territory considered for addition to the described territory and all other interested parties are entitled to attend the hearings and be heard.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-203. Hearing procedure if additional territory to be included

76-15-203. Hearing procedure if additional territory to be included.
If it appears to the department after reviewing the record of the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the department shall adjourn the hearing and shall cause due notice of a further hearing to be given throughout the entire area considered for inclusion in the district. The further hearing must be held by the department.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 271, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-204. Determination of need for district

76-15-204. Determination of need for district.
(1) After the hearing, if the department determines, upon the facts presented at the hearing and upon other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a conservation district to function in the territory considered at the hearing, it shall make and record that determination and shall define, by metes and bounds or by legal subdivisions, the boundaries of the district.
(2) If the department determines after the hearing, after due consideration of the relevant facts, that there is no need for a conservation district to function in the territory considered at the hearing, it shall make and record that determination and shall deny the petition. After 6 months have expired from the date of the denial of a petition, subsequent petitions covering the same or substantially the same territory may be filed and a new hearing held and determinations made on the petitions.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 272, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-205. Criteria for determining need

76-15-205. Criteria for determining need.
In making the determinations and in defining the boundaries, the department shall consider the topography of the area considered and of the state, the composition of soils in the area, the distribution of erosion, the prevailing land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits those lands may receive from being included within the boundaries, the relation of the proposed area to existing watersheds and agricultural regions and other conservation districts already organized or proposed for organization under this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determination set forth in 76-15-101 and 76-15-102. The territory to be included within the boundaries need not be contiguous.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 273, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-206. Determination of administrative practicability of district

76-15-206. Determination of administrative practicability of district.
After the department has made and recorded a determination that there is need in the interest of the public health, safety, and welfare for the organization of a district in a particular territory and has defined the boundaries of the district, it shall consider the question whether the operation of a district within the boundaries with the powers conferred upon conservation districts in this chapter is administratively practicable and feasible.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 274, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-207. Referendum on question of creating district

76-15-207. Referendum on question of creating district.
(1) To assist the department in the determination of administrative practicability and feasibility, the department shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries of the district, hold a referendum within the proposed district upon the proposition of the creation of the district and cause due notice of the referendum to be given.
(2) The question must be submitted by ballots upon which the words "For creation of a conservation district of the lands below described and lying in the county(ies) of ...., ...., and ...." and "Against creation of a conservation district of the lands below described and lying in the county(ies) of .... and ...." must appear, with a square before each proposition and a direction to insert an "X" mark in the square before one or the other of the propositions as the voter may favor or oppose creation of the district. The ballot must set forth the boundaries of the proposed district as determined by the department.
(3) All qualified electors within the boundaries of the territory, as determined by the department, are eligible to vote in the referendum.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 275, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-208. Administration of hearings and referenda

76-15-208. Administration of hearings and referenda.
(1) The department shall pay all expenses for the issuance of the notices and the conduct of the hearings and referenda and shall supervise the conduct of the hearings and referenda. It shall adopt appropriate rules governing the conduct of the hearings and referenda and providing for the registration prior to the date of the referendum of all eligible voters or prescribing some other appropriate procedure for the determination of those eligible as voters in the referendum.
(2) No informalities in the conduct of the referendum or in any matters relating thereto shall invalidate the referendum or the result thereof if notice thereof has been given substantially as herein provided and the referendum has been fairly conducted.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(5).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-209. Procedure following referendum

76-15-209. Procedure following referendum.
(1) The department shall publish the result of the referendum, and shall consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible.
(2) If the department determines that the operation of the district is administratively practicable and feasible, it shall record that determination and proceed with the organization of the district in the manner provided in this chapter.
(3) If the department determines that the operation of the district is not administratively practicable and feasible, it shall record that determination and deny the petition. After 6 months have expired from the date of entry of a determination by the department that operation of a proposed district is not administratively practicable and feasible and denial of a petition pursuant to the determination, subsequent petitions may be filed and action taken on the petitions in accordance with this part.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 276, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-210. Criteria for determining administrative practicability

76-15-210. Criteria for determining administrative practicability.
(1) In making its determination, the department shall consider the attitudes of the qualified electors within the defined boundaries, the number of qualified electors eligible to vote in the referendum who voted, the proportion of the votes cast in the referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the qualified electors of the proposed district, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors relevant to the determination, having due regard to the legislative determinations set forth in 76-15-101 and 76-15-102.
(2) The department may not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless a majority of the votes cast in the referendum upon the proposition of creation of the district has been cast in favor of the creation of the district.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 277, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-211. Appointment of supervisors

76-15-211. Appointment of supervisors.
If the department determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two supervisors to act with the three supervisors first elected, as provided in this part, as the initial governing body of the district.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 278, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-212. Submission of application by appointed supervisors

76-15-212. Submission of application by appointed supervisors.
The district is a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings:
(1) The two appointed supervisors shall present to the secretary of state an application signed by them, which must set forth:
(a) that a petition for the creation of the district was filed with the department pursuant to this chapter, that the proceedings specified in this chapter were taken pursuant to the petition, that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter, and that the department has appointed them as supervisors;
(b) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office;
(c) the term of office of each of the supervisors;
(d) the name which is proposed for the district; and
(e) the location of the principal offices of the supervisors of the district.
(2) The application must be subscribed and sworn to by each of the supervisors.
(3) (a) The application must be accompanied by a statement by the department which shall certify that:
(i) a petition was filed, notice issued, and hearing held as provided in this part;
(ii) the department determined that there is need in the interest of the public health, safety, and welfare for a conservation district to function in the proposed territory and defined the boundaries of the district;
(iii) notice was given and a referendum held on the question of the creation of the district; and
(iv) the result of the referendum showed a majority of the votes cast in the referendum to be in favor of the creation of the district and that the department determined that the operation of the proposed district is administratively practicable and feasible.
(b) The statement must also set forth the boundaries of the district as they have been defined by the department.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 279, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-213. Processing of application by secretary of state

76-15-213. Processing of application by secretary of state.
(1) The secretary of state shall examine the application and statement, and if the secretary of state finds that the name proposed for the district is not identical with that of any other conservation district of this state or so nearly similar as to lead to confusion or uncertainty, the secretary of state shall receive and file the application and statement and shall record them in an appropriate book of record in the secretary of state's office.
(2) If the secretary of state finds that the name proposed for the district is identical with that of any other conservation district of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall certify that fact to the department. The department shall submit to the secretary of state a new name for the district which is not subject to the defects. Upon receipt of the new name free of defects, the secretary of state shall record the application and statement with the modified name in an appropriate book of record in the secretary of state's office.
(3) The secretary of state shall make and issue to the supervisors, without cost, a certificate under the seal of the state of the due organization of the district and shall record the certificate with the application and statement.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 280, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-214. Evidentiary status of certificate issued by secretary of state

76-15-214. Evidentiary status of certificate issued by secretary of state.
In a suit, action, or proceeding involving the validity or enforcement of or relating to a contract, proceeding, or action of the district, the district shall be considered to have been established in accordance with this chapter upon proof of the issuance of the certificate by the secretary of state. A copy of the certificate, duly certified by the secretary of state, is admissible in evidence in the suit, action, or proceeding and is proof of the filing and contents thereof.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(11).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-215. District as governmental subdivision and public body

76-15-215. District as governmental subdivision and public body.
When the application and statement have been made, filed, and recorded as herein provided, the district is a governmental subdivision of this state and a public body, corporate and politic, exercising public powers.
History: Ap. p. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; Sec. 76-105, R.C.M. 1947; Ap. p. Sec. 8, Ch. 72, L. 1939; amd. Sec. 2, Ch. 5, L. 1959; amd. Sec. 2, Ch. 291, L. 1969; amd. Sec. 7, Ch. 431, L. 1971; amd. Sec. 2, Ch. 75, L. 1975; amd. Sec. 1, Ch. 395, L. 1977; Sec. 76-108, R.C.M. 1947; R.C.M. 1947, 76-105(part), 76-108(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 2. Creation of Conservation Districts › 76-15-216. Limitation on territory included in district

76-15-216. Limitation on territory included in district.
The boundaries of the district must include the territory as determined by the department, but may not include any area included within the boundaries of another conservation district.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 281, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-301. Establishment of supervisor areas and reorganization of district governing bodies

76-15-301. Establishment of supervisor areas and reorganization of district governing bodies.
(1) (a) A conservation district is authorized to divide the unincorporated area of the district into no more than five supervisor areas.
(b) Each supervisor area must be represented by one supervisor. If less than five supervisor areas are established, a sufficient number of supervisors must be elected at large to complete the governing body of the district as provided in 76-15-311(1).
(2) (a) In a district containing no incorporated municipalities that are completely within the boundaries of the district, the department shall, upon passage of a resolution by the district to transition to seven supervisors, reorganize the district as provided in 76-15-305 and this subsection (2).
(b) A district that is reorganized pursuant to this section may be divided into no more than seven supervisor areas.
(3) If provided by ordinance of the district, a supervisor must reside in the area the supervisor represents.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(12); (2)En. Sec. 1, Ch. 173, L. 1983; amd. Sec. 1, Ch. 473, L. 1983; amd. Sec. 2, Ch. 76, L. 1985; amd. Sec. 282, Ch. 418, L. 1995; amd. Sec. 1, Ch. 162, L. 2011.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-302. Repealed

76-15-302. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. Sec. 6, Ch. 72, L. 1939; amd. Sec. 5, Ch. 431, L. 1971; amd. Sec. 91, Ch. 253, L. 1974; amd. Sec. 2, Ch. 18, L. 1977; R.C.M. 1947, 76-106(part); amd. Sec. 3, Ch. 76, L. 1985; amd. Sec. 67, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-303. Election of supervisors -- election by acclamation -- appointment

76-15-303. Election of supervisors -- election by acclamation -- appointment.
(1) An election for supervisors must be conducted in accordance with Title 13, chapter 1, part 5.
(2) All qualified electors within the district are eligible to vote in the election.
(3) The candidate or, if more than one supervisor position is to be filled by the election, the candidates who receive the largest number, respectively, of the votes cast in the election are the elected supervisors for the district.
(4) The names of the candidates must be arranged on ballots as prescribed in 13-12-205.
History: En. Sec. 6, Ch. 72, L. 1939; amd. Sec. 5, Ch. 431, L. 1971; amd. Sec. 91, Ch. 253, L. 1974; amd. Sec. 2, Ch. 18, L. 1977; R.C.M. 1947, 76-106(part); amd. Sec. 369, Ch. 571, L. 1979; amd. Sec. 4, Ch. 76, L. 1985; amd. Sec. 2, Ch. 576, L. 1985; amd. Sec. 1, Ch. 184, L. 1995; amd. Sec. 10, Ch. 254, L. 1999; amd. Sec. 90, Ch. 414, L. 2003; amd. Sec. 239, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-304. Election of supervisors

76-15-304. Election of supervisors.
(1) Two supervisors shall be elected at the second general election following the organization or reorganization of the district and shall replace the two supervisors appointed by the department. Thereafter, a district shall alternately elect three and two supervisors at succeeding general elections.
(2) An election for supervisors must be conducted in accordance with Title 13, chapter 1, part 5.
History: En. Sec. 6, Ch. 72, L. 1939; amd. Sec. 5, Ch. 431, L. 1971; amd. Sec. 91, Ch. 253, L. 1974; amd. Sec. 2, Ch. 18, L. 1977; R.C.M. 1947, 76-106(2); amd. Sec. 240, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-305. Transition to seven supervisors

76-15-305. Transition to seven supervisors.
(1) At the time of reorganization under 76-15-301(2), the department shall appoint:
(a) one supervisor for a term to coincide with the terms of those elected supervisors whose terms will expire after the next general election; and
(b) one supervisor for a term to coincide with the terms of those elected supervisors whose terms will expire after the general election following the next general election.
(2) The supervisor positions held by the appointed supervisors become open for election at the time the terms expire. A district having seven supervisors shall alternately elect four and three supervisors at succeeding general elections.
History: En. Sec. 2, Ch. 173, L. 1983; amd. Sec. 283, Ch. 418, L. 1995; amd. Sec. 241, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-311. Governing body of district

76-15-311. Governing body of district.
(1) If there are no incorporated municipalities that are completely within the boundaries of the district, the governing body of the district must consist of five elected supervisors unless the district has been reorganized pursuant to 76-15-301(2) and 76-15-305.
(2) If there are incorporated municipalities that are completely within the boundaries of the district, the governing body of the district must consist of seven supervisors as follows:
(a) The board of supervisors, in addition to five elected supervisors, must consist of two appointed supervisors, making a total of seven supervisors in those districts. The legislative bodies of the incorporated municipalities within the district shall appoint the two additional supervisors after consultation with the elected supervisors.
(b) Where there are two or more incorporated municipalities that are completely within the boundaries of a district, the two appointed supervisors shall represent all the municipalities and urban interests in the district. A municipality may not have more than one appointed supervisor residing in the municipality. The legislative bodies of the incorporated municipalities within the district shall agree on the persons appointed to serve as the appointed supervisors.
(3) If there are no incorporated municipalities that are completely within the boundaries of the district but a portion of one or more incorporated municipalities is within the boundaries of a district, the elected supervisors may pass a resolution to transition to a board of seven members consisting of five elected supervisors and two supervisors appointed by the legislative bodies of the partially included municipalities as provided in subsection (2).
(4) A supervisor appointed under subsection (2) or (3) may live outside the municipality the supervisor represents, but the supervisor must reside within the boundaries of the district.
(5) An elected supervisor must reside within the boundaries of the district.
(6) The board of supervisors may appoint associate supervisors it considers necessary to advise the board of supervisors on the operation of the conservation district as provided in part 4 of this chapter.
History: En. Sec. 7, Ch. 72, L. 1939; amd. Sec. 1, Ch. 4, L. 1959; amd. Sec. 2, Ch. 146, L. 1967; amd. Sec. 6, Ch. 431, L. 1971; amd. Sec. 1, Ch. 58, L. 1973; amd. Sec. 92, Ch. 253, L. 1974; amd. Sec. 52, Ch. 439, L. 1975; amd. Sec. 3, Ch. 18, L. 1977; R.C.M. 1947, 76-107(1) thru (3); amd. Sec. 17, Ch. 266, L. 1979; amd. Sec. 3, Ch. 173, L. 1983; amd. Sec. 2, Ch. 473, L. 1983; amd. Sec. 2, Ch. 162, L. 2011; amd. Sec. 242, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-312. Term of office and vacancies

76-15-312. Term of office and vacancies.
(1) (a) The term of office of each supervisor is 4 years, except as provided in subsection (1)(b).
(b) The supervisors who are appointed by the department pursuant to 76-15-305 must be designated to serve for terms of 2 years from the date of their appointment, after which the offices must be filled by election. A supervisor appointed pursuant to 76-15-311 shall serve a term of 3 years.
(c) An elected supervisor holds office until a successor has been elected and has qualified.
(2) A vacancy is created when any of the following events occurs before the expiration of the term of the incumbent:
(a) death;
(b) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill;
(c) resignation;
(d) removal from office;
(e) unexcused absence from three consecutive regular meetings of the board of supervisors;
(f) ceasing to reside in the district;
(g) conviction of a felony or a violation of official duties; or
(h) the decision of a court declaring void the incumbent's election or appointment.
(3) For the purpose of subsection (2)(e), a majority vote of the board of supervisors may excuse a supervisor from attending a meeting.
(4) A vacancy occurring in the office of an elected supervisor must be filled by appointment by the remaining supervisors until the next election, when a successor must be elected to serve the unexpired term. The election must be conducted in accordance with Title 13, chapter 1, part 5, in the year following the appointment.
History: En. Sec. 7, Ch. 72, L. 1939; amd. Sec. 1, Ch. 4, L. 1959; amd. Sec. 2, Ch. 146, L. 1967; amd. Sec. 6, Ch. 431, L. 1971; amd. Sec. 1, Ch. 58, L. 1973; amd. Sec. 92, Ch. 253, L. 1974; amd. Sec. 52, Ch. 439, L. 1975; amd. Sec. 3, Ch. 18, L. 1977; R.C.M. 1947, 76-107(part); amd. Sec. 1, Ch. 223, L. 1989; amd. Sec. 2526, Ch. 56, L. 2009; amd. Sec. 3, Ch. 162, L. 2011; amd. Sec. 243, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-313. Operation of supervisors

76-15-313. Operation of supervisors.
(1) The supervisors shall annually elect a presiding officer from their members.
(2) A majority of the supervisors constitute a quorum, and except as otherwise specifically provided, the concurrence of a majority in any matter within their duties is required for its determination.
(3) Upon the unanimous approval of the board of supervisors, a supervisor may receive compensation for the supervisor's services, including travel expenses as provided for in 2-18-501 through 2-18-503, incurred in the discharge of the supervisor's duties. However, a supervisor may not receive compensation for attendance at a regularly scheduled meeting of the board of supervisors.
History: En. Sec. 7, Ch. 72, L. 1939; amd. Sec. 1, Ch. 4, L. 1959; amd. Sec. 2, Ch. 146, L. 1967; amd. Sec. 6, Ch. 431, L. 1971; amd. Sec. 1, Ch. 58, L. 1973; amd. Sec. 92, Ch. 253, L. 1974; amd. Sec. 52, Ch. 439, L. 1975; amd. Sec. 3, Ch. 18, L. 1977; R.C.M. 1947, 76-107(part); amd. Sec. 2, Ch. 533, L. 1979; amd. Sec. 3, Ch. 473, L. 1983; amd. Sec. 2527, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-314. Removal of a supervisor

76-15-314. Removal of a supervisor.
A supervisor may be removed by the department and a vacancy created under 76-15-312(2)(d), upon notice and hearing, for neglect of duty or malfeasance in office but for no other reason.
History: En. Sec. 7, Ch. 72, L. 1939; amd. Sec. 1, Ch. 4, L. 1959; amd. Sec. 2, Ch. 146, L. 1967; amd. Sec. 6, Ch. 431, L. 1971; amd. Sec. 1, Ch. 58, L. 1973; amd. Sec. 92, Ch. 253, L. 1974; amd. Sec. 52, Ch. 439, L. 1975; amd. Sec. 3, Ch. 18, L. 1977; R.C.M. 1947, 76-107(part); amd. Sec. 2, Ch. 223, L. 1989; amd. Sec. 284, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-315. Administrative functions of supervisors

76-15-315. Administrative functions of supervisors.
(1) The supervisors may employ a secretary and other officers, agents, and employees, permanent and temporary, that they may require and shall determine their qualifications, duties, and compensation.
(2) The supervisors may delegate to their presiding officer, to one or more supervisors, or to one or more agents or employees powers and duties that they consider proper.
(3) The supervisors shall furnish to the department copies of ordinances, rules, orders, contracts, forms, and other documents that they adopt or employ and other information concerning their activities that may be required in the performance of their duties under this chapter.
(4) The supervisors shall:
(a) provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property;
(b) provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and
(c) provide for an annual audit of the accounts of receipts and disbursements.
History: En. Sec. 7, Ch. 72, L. 1939; amd. Sec. 1, Ch. 4, L. 1959; amd. Sec. 2, Ch. 146, L. 1967; amd. Sec. 6, Ch. 431, L. 1971; amd. Sec. 1, Ch. 58, L. 1973; amd. Sec. 92, Ch. 253, L. 1974; amd. Sec. 52, Ch. 439, L. 1975; amd. Sec. 3, Ch. 18, L. 1977; R.C.M. 1947, 76-107(part); amd. Sec. 2528, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-316. Cooperation with municipalities and counties

76-15-316. Cooperation with municipalities and counties.
The supervisors may invite the governing body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interests of the municipality or county.
History: En. Sec. 7, Ch. 72, L. 1939; amd. Sec. 1, Ch. 4, L. 1959; amd. Sec. 2, Ch. 146, L. 1967; amd. Sec. 6, Ch. 431, L. 1971; amd. Sec. 1, Ch. 58, L. 1973; amd. Sec. 92, Ch. 253, L. 1974; amd. Sec. 52, Ch. 439, L. 1975; amd. Sec. 3, Ch. 18, L. 1977; R.C.M. 1947, 76-107(7).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-317. Cooperation with state agencies

76-15-317. Cooperation with state agencies.
Agencies of this state which shall have jurisdiction over or be charged with the administration of any state-owned lands and of any county or other governmental subdivision of the state, which shall have jurisdiction over or be charged with the administration of any county-owned or other publicly owned lands lying within the boundaries of any district organized hereunder shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this chapter. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land use regulations adopted pursuant to 76-15-701 through 76-15-707 shall have the force and effect of law over all such publicly owned lands and shall be in all respects observed by the agencies administering such lands.
History: En. Sec. 13, Ch. 72, L. 1939; R.C.M. 1947, 76-113.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-318. Cooperation between districts

76-15-318. Cooperation between districts.
The supervisors of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.
History: En. Sec. 12, Ch. 72, L. 1939; R.C.M. 1947, 76-112.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 15. Conservation Districts › Part 3. Administration of Conservation Districts › 76-15-319. Legal assistance

76-15-319. Legal assistance.
(1) The supervisors may call upon the county attorney of the county in which the greatest portion of the district is located or the attorney general of the state for the legal services they may require, or they may employ their own counsel and legal staff.
(2) If the county attorney is unable to provide legal assistance because of a conflict of interest, then the matter may be referred to the attorney general or the department.
History: En. Sec. 7, Ch. 72, L. 1939; amd. Sec. 1, Ch. 4, L. 1959; amd. Sec. 2, Ch. 146, L. 1967; amd. Sec. 6, Ch. 431, L. 1971; amd. Sec. 1, Ch. 58, L. 1973; amd. Sec. 92, Ch. 253, L. 1974; amd. Sec. 52, Ch. 439, L. 1975; amd. Sec. 3, Ch. 18, L. 1977; R.C.M. 1947, 76-107(part); amd. Sec. 3, Ch. 533, L. 1979; amd. Sec. 4, Ch. 473, L. 1983; amd. Sec. 285, Ch. 418, L. 1995.