reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 3. Control of Forest Diseases and Insect Pests › 76-13-305. Termination of zone of infestation

76-13-305. Termination of zone of infestation.
When the department determines that forest insect or disease control work within the designated zone of infestation is no longer necessary or feasible, it shall abolish the zone.
History: En. Sec. 6, Ch. 25, L. 1953; Sec. 28-134, R.C.M. 1947; amd. and redes. 28-207 by Sec. 24, Ch. 253, L. 1974; R.C.M. 1947, 28-207.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-401. Definitions

76-13-401. Definitions.
As used in this part, the following definitions apply:
(1) "Certificate of clearance" means a certificate issued by the department acknowledging that the fire hazard has been reduced or managed in accordance with this part and the fire hazard reduction agreement or agreements.
(2) "Contractor" means the person who executes the fire hazard reduction agreement and is responsible to fulfill the obligations established by the agreement.
(3) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(4) "Exemption certificate" means an exemption from the provisions of this part that must be granted by the department for the harvest of merchantable trees within the boundaries of an incorporated city or town.
(5) "Fire hazard" means slash and debris resulting from timber cutting, timber stand improvement, or right-of-way clearing operations that produce a cover of flammable material in which fire could spread through a cutting or adjacent area.
(6) "Fire hazard reduction agreement" means a contract made to ensure compliance with this part and with the rules adopted under 76-13-403 for fire hazard reduction or management on private forest lands.
(7) "Fire hazard reduction or management" means the abatement of a fire hazard on private forest lands by methods that include but are not limited to separation, removal, scattering, lopping, crushing, piling and burning, broadcast burning, burying, or chipping.
(8) "Forest product" means trees or their component parts, including but not limited to logs, poles, branches, or bark.
(9) "Master fire hazard reduction agreement" means a fire hazard reduction agreement between the department and persons engaged in continuing cutting operations of sufficient number and size to warrant covering these operations under a single agreement and a single bond.
(10) "Minimum slash hazard" means an amount of slash and debris generated by noncommercial activities, which may include but are not limited to weeding, pruning, or clearing on private land within the state.
(11) "Person" means an individual, association, partnership, corporation, estate, or any other entity.
(12) "Private forest lands" means all lands of whatever character containing merchantable timber that are not owned by the state, a political subdivision of the state, the United States, any agency of the United States, or an Indian tribe.
(13) "Purchaser" means a person who purchases or contracts to purchase any forest products cut from private forest lands within the state. The term includes persons who purchase products manufactured on the cutting area.
History: En. 28-403.1 by Sec. 1, Ch. 522, L. 1975; R.C.M. 1947, 28-403.1; amd. Secs. 1, 2, Ch. 529, L. 1981; amd. Sec. 1, Ch. 513, L. 1989; amd. Sec. 265, Ch. 418, L. 1995; amd. Sec. 1, Ch. 279, L. 1999; amd. Sec. 1, Ch. 234, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-402. Basis for management of fire hazards

76-13-402. Basis for management of fire hazards.
The fire hazard reduction or management referred to in this part must be carried on by the department in keeping with modern and progressive forest practices and effective fire protection and may include but is not limited to the taking of protective measures to prevent injury or the destruction of forest resources without actual abatement of the hazard.
History: Ap. p. Sec. 5, Ch. 207, L. 1959; amd. Sec. 1, Ch. 147, L. 1971; amd. Sec. 31, Ch. 253, L. 1974; amd. Sec. 6, Ch. 522, L. 1975; Sec. 28-408, R.C.M. 1947; Ap. p. Sec. 8, Ch. 207, L. 1959; amd. Sec. 33, Ch. 253, L. 1974; Sec. 28-411, R.C.M. 1947; R.C.M. 1947, 28-408(2), 28-411(part); amd. Sec. 2, Ch. 513, L. 1989; amd. Sec. 111, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-403. Supervision by department

76-13-403. Supervision by department.
The department shall adopt and enforce rules by October 1, 2000, to supervise and inspect the fire hazard reduction or management of all fire hazards created by forest products harvesting, timber stand improvement, and right-of-way clearing on private forest lands in the state, recognizing the benefits of slash retention.
History: En. Sec. 5, Ch. 207, L. 1959; amd. Sec. 1, Ch. 147, L. 1971; amd. Sec. 31, Ch. 253, L. 1974; amd. Sec. 6, Ch. 522, L. 1975; R.C.M. 1947, 28-408(1); amd. Sec. 3, Ch. 513, L. 1989; amd. Sec. 9, Ch. 27, L. 1997; amd. Sec. 2, Ch. 279, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-404. Repealed

76-13-404. Repealed.
Sec. 13, Ch. 513, L. 1989.
History: En. Sec. 7, Ch. 207, L. 1959; amd. Sec. 2, Ch. 147, L. 1971; amd. Sec. 32, Ch. 253, L. 1974; amd. Sec. 7, Ch. 522, L. 1975; R.C.M. 1947, 28-410; amd. Sec. 1, Ch. 670, L. 1979.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-405. Contracts with fire protection agencies

76-13-405. Contracts with fire protection agencies.
The department is authorized to enter into contracts with fire protection agencies, including agencies of the United States, for fire hazard reduction or management when in its opinion the work can best be accomplished in that manner.
History: En. Sec. 8, Ch. 207, L. 1959; amd. Sec. 33, Ch. 253, L. 1974; R.C.M. 1947, 28-411(part); amd. Sec. 4, Ch. 513, L. 1989; amd. Sec. 112, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-406. Limitation on liability

76-13-406. Limitation on liability.
The department and other recognized fire protection agencies, including any agency of the United States, with which the department has entered into an agreement for fire hazard reduction or management as provided in 76-13-405 and any officer, official, or employee of the department or other recognized fire protection agency is not liable for any damage to the land, product, improvement, or other things of value upon the lands on which the fire hazards are being managed or reduced in accordance with provisions of this part, the rules adopted under 76-13-403, and the fire hazard reduction agreement when reasonable care and caution has been used and the work is being or has been performed in compliance with the rules provided in 76-13-403.
History: En. Sec. 8, Ch. 207, L. 1959; amd. Sec. 33, Ch. 253, L. 1974; R.C.M. 1947, 28-411(part); amd. Sec. 5, Ch. 513, L. 1989; amd. Sec. 113, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-407. Reduction of slash and debris along right-of-way

76-13-407. Reduction of slash and debris along right-of-way.
(1) A person clearing right-of-way for any railroad, public highway, public trail, private road, trail, ditch, dike, pipeline or wire lines, or any other transmission or transportation utility right-of-way, except temporary roads located within the boundaries of the cutting area and which are used in the actual logging operations, shall reduce the hazard resulting from the clearing or from the cutting of material for the construction of the public or private utility unless exempted by the department. At least 10 days before commencement of the clearing, the person conducting the clearing shall notify the department of commencement of the clearing in the form and manner the department provides.
(2) Hazard reduction, excluding burning where this method is used, shall be done as rapidly as cutting or clearing progresses.
(3) This section applies to all clearing of rights-of-way across private land and on behalf of the state, county, highway districts, and road districts, whether the work is done by day labor or by contract, and unless unavoidable emergency prevents, provision shall be made by the proper officials conducting, directing, or letting the work for withholding until it is complete a sufficient portion of the payment to assure compliance with this part.
History: En. Sec. 2, Ch. 207, L. 1959; amd. Sec. 28, Ch. 253, L. 1974; amd. Sec. 3, Ch. 522, L. 1975; R.C.M. 1947, 28-405; amd. Sec. 2, Ch. 670, L. 1979; amd. Sec. 6, Ch. 513, L. 1989.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-409. Duty of purchaser to ensure compliance -- statement -- bond

76-13-409. Duty of purchaser to ensure compliance -- statement -- bond.
(1) The initial purchaser of forest products that have been cut or are about to be cut from any private forest lands within the state shall, before making the purchase or contract to purchase, determine that the person engaged or about to engage in the cutting of these forest products has provided for the reduction or management of the fire hazard by entering into a fire hazard reduction agreement or that the person has been issued an exemption certificate as provided in 76-13-408.
(2) The purchaser shall withhold sufficient money to meet the requirements of the bond provided for in 76-13-408 plus the fees for administration, inspection, and enforcement by the department as provided in the fire hazard reduction agreement. The purchaser shall transmit all money and fees that are withheld and a report of volumes of products purchased to the department on or before the 15th day of the following month, clearly identifying by number the fire hazard reduction agreement to which the withheld money, fees, and product volumes pertain. The purchaser shall keep accurate records of the purchase and the amounts withheld, which may be inspected by the department at any reasonable time.
(3) If forest products are not received or purchased in a given month, a report showing a zero balance and stating that products were not purchased must be submitted to the department.
(4) The department may require the purchaser to post a bond to the state in a form and for an amount as may be prescribed by the department to ensure faithful compliance with this part.
History: En. Sec. 3, Ch. 207, L. 1959; amd. Sec. 29, Ch. 253, L. 1974; amd. Sec. 4, Ch. 522, L. 1975; R.C.M. 1947, 28-406; amd. Sec. 3, Ch. 670, L. 1979; amd. Sec. 8, Ch. 513, L. 1989; amd. Sec. 4, Ch. 279, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-411. Certificate of clearance

76-13-411. Certificate of clearance.
When the department makes a determination of faithful compliance by the contractor with this part, the rules adopted under 76-13-403, and the fire hazard reduction agreement, the contractor must be issued a certificate of clearance by the department and be relieved of any further liability or responsibility for fire hazard reduction or management under the fire hazard reduction agreement.
History: (1)En. Sec. 9, Ch. 207, L. 1959; amd. Sec. 3, Ch. 147, L. 1971; amd. Sec. 34, Ch. 253, L. 1974; amd. Sec. 8, Ch. 522, L. 1975; Sec. 28-412, R.C.M. 1947; (2)En. Sec. 4, Ch. 207, L. 1959; amd. Sec. 30, Ch. 253, L. 1974; amd. Sec. 5, Ch. 522, L. 1975; Sec. 28-407, R.C.M. 1947; R.C.M. 1947, 28-407(4), 28-412; amd. Sec. 10, Ch. 513, L. 1989; amd. Sec. 6, Ch. 279, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-412. Violations

76-13-412. Violations.
A person convicted of violating this part, except 76-13-408(4), is guilty of a misdemeanor and shall be fined not less than $100 or more than $1,000.
History: En. 28-413 by Sec. 9, Ch. 522, L. 1975; R.C.M. 1947, 28-413; amd. Sec. 7, Ch. 279, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-413. Failure to submit withholding -- remedy

76-13-413. Failure to submit withholding -- remedy.
(1) If a purchaser does not submit withheld money and required reports on or before the 15th day of the following month as provided in 76-13-409, the purchaser must be notified by certified mail that the purchaser is in noncompliance and be given 15 days to submit all money and reports then due. If the purchaser fails to submit all money due within the required time, the department may initiate a lien upon the real property of the purchaser and may initiate proceedings to enjoin further processing of all wood products until all money due is paid in full and all required reports are submitted.
(2) If payment and reports are not received by the department within the 15-day period after notification as provided in subsection (1), a penalty of 5% of the payment amount due must be assessed. The department may abate the penalty if the purchaser establishes that the failure to submit the amount due or the reports as required was due to reasonable cause and was not due to neglect on the purchaser's part. The department, in addition to the penalty, may impose interest at the rate of 10% a year on any balance remaining unpaid.
(3) All money withheld by a purchaser for the contractor's bond and for department fees is considered to be excise taxes withheld for the benefit of the state within the meaning of 11 U.S.C. 507.
History: En. Sec. 5, Ch. 670, L. 1979; amd. Sec. 1, Ch. 115, L. 1981; amd. Sec. 11, Ch. 513, L. 1989; amd. Sec. 2522, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-414. Fees

76-13-414. Fees.
(1) In addition to any bond, the department shall charge the contractor fees for administration, inspections, and enforcement work conducted in the exercise of its duties under this part. The fees must be deposited in the state special revenue fund to the credit of the department.
(2) (a) The fee for a fire hazard reduction agreement is $25 and must be collected by the department upon issuance of the agreement.
(b) In addition, a fee of 85 cents for each 1,000 board feet (log scale) must be charged or an equivalent fee must be charged if products other than logs are cut. This fee must be withheld by the purchaser as provided in 76-13-409(2), except that any fee money withheld for product volumes exceeding 500,000 board feet for each agreement in a calendar year must be returned to the contractor by the department.
(c) Either the person conducting the work or the purchaser, as described in 76-13-409, shall pay 30 cents for each 1,000 board feet (log scale) or the equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.
(3) (a) The fee for master fire hazard reduction agreements must be equal to 100% of the department's actual costs incurred in the direct administration, inspection, and enforcement of each agreement, and the department shall submit a detailed bill to the contractor annually to collect the fees.
(b) In addition, each contractor with a master fire hazard reduction agreement shall pay to the department 15 cents for each 1,000 board feet (log scale) or equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year for each master fire hazard agreement. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.
(c) The fee required under subsection (3)(b) must be paid annually in conjunction with the fee paid under subsection (3)(a). The department may, in its discretion, conduct an audit to determine the volume of forest products harvested by a contractor. If the department conducts an audit, the contractor shall cooperate and make available to the department all requested records, inventories, and other information relevant to the audit.
History: En. Sec. 12, Ch. 513, L. 1989; amd. Sec. 2, Ch. 577, L. 1991; amd. Sec. 11, Ch. 27, L. 1997; amd. Sec. 8, Ch. 279, L. 1999; amd. Sec. 1, Ch. 18, L. 2019.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-415. Forestry extension service account -- purpose -- appropriation

76-13-415. Forestry extension service account -- purpose -- appropriation.
(1) There is a forestry extension service account in the current restricted fund provided for in 17-2-102.
(2) There must be deposited in the account:
(a) all revenue from the fire hazard reduction agreement provided for in 76-13-414(2)(c);
(b) all revenue from the master fire hazard reduction agreement provided for in 76-13-414(3)(b); and
(c) money received by the department in the form of legislative appropriations, reimbursements, gifts, federal funds, or appropriations from any source intended to be used for the purposes of this account.
(3) Money in the account is available to the Montana university system by appropriation for the uses set forth in subsection (4). Any unencumbered and unexpended balance remaining in this account at the end of a fiscal year does not lapse but must be carried forward for the purposes of this section until expended or appropriated.
(4) Except as provided in subsection (5), money in the account may be used by the university system only to fund forestry services through the Montana cooperative extension service of Montana state university-Bozeman. The forestry services must be conducted at Montana state university-Bozeman, the university of Montana-Missoula, and Flathead Valley community college.
(5) The use of money in this account by the Montana university system is contingent upon the university system funding the extension service's forestry and natural resources program at a biennial level of at least $108,000 from sources other than the account.
History: En. Sec. 3, Ch. 577, L. 1991; amd. Sec. 266, Ch. 418, L. 1995; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 9, Ch. 279, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-417. Fire hazard reduction fund

76-13-417. Fire hazard reduction fund.
(1) There is a fire hazard reduction fund in the state special revenue fund established in 17-2-102.
(2) There is deposited in the fund all revenue from forfeited performance bonds provided for in 76-13-410.
(3) The fund is statutorily appropriated, as provided in 17-7-502, to the department of natural resources and conservation for the purposes of authorizing, managing, and completing fire hazard reduction activities pursuant to this part.
History: En. Sec. 1, Ch. 193, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-418. Fire hazard reduction agreement -- slash burning

76-13-418. Fire hazard reduction agreement -- slash burning.
(1) Slash burning as part of [fire] hazard reduction agreements must be conducted under rules adopted pursuant to this part and burning notification requirements adopted pursuant to 7-33-2205.
(2) Immediate or continuous presence is not required for slash burning conducted under this section provided that:
(a) significant precipitation, the presence of persistent snow cover, fuel moisture conditions, or a combination of those factors sufficiently inhibits the chance of fire spreading under current and foreseeable weather conditions;
(b) there is an absence of high wind events or warnings for the slash burning period that would cause the fire or embers to spread beyond the intended location; and
(c) the slash burn location is sufficiently monitored, patrolled, or both until the risk of fire spread subsides. This includes at least one site visit to ensure containment.
(3) Nothing in this section absolves the holder of a fire hazard reduction agreement from operating with reasonable care and caution or the provisions of 50-63-102 and 50-63-103.
History: En. Sec. 1, Ch. 478, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-420. Notification prior to forest practices -- department response

76-13-420. Notification prior to forest practices -- department response.
(1) An operator or, pursuant to subsection (3), an owner shall notify the department prior to conducting forest practices. The notification may be provided as part of the notification made with respect to an agreement under 76-13-408.
(2) (a) Except as provided in subsection (3), within 5 working days, but not exceeding 7 calendar days, of receiving notification of forest practices, the department shall mail to the operator and, if an address has been provided, to the owner:
(i) a receipt of notification;
(ii) information on best management practices for forestry;
(iii) information on conservation district permit requirements related to stream crossings; and
(iv) any other information the department believes would assist the operator or the owner with conducting forest practices.
(b) The receipt of notification must include a statement that:
(i) forest practices may proceed; or
(ii) an onsite consultation is required prior to conducting forest practices.
(3) (a) An owner may submit to the department a notice providing an annual, semiannual, or quarterly operating plan that indicates the estimated starting date of forest practices for each timber sale planned by the owner during the operating period. The plan must be submitted no less than 15 days before the beginning of the operating period covered.
(b) Upon receipt of an operating plan, the department may:
(i) meet with the owner to review the proposed timber sales, discuss watershed concerns, and schedule onsite consultations at appropriate sites; or
(ii) provide a receipt of notification, as described in subsection (2)(b), for individual timber sales.
(c) If the department requires an onsite consultation for any of the timber sales, it shall notify the owner of this requirement as soon as possible but no less than 10 calendar days prior to the estimated starting date of forest practices associated with the timber sale. The onsite consultation must then be scheduled according to the provisions of 76-13-421(2) through (4).
History: En. Sec. 4(1) thru (3), Ch. 423, L. 1989; Sec. 76-13-131, MCA 2005; redes. 76-13-420 by Sec. 32(3), Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-421. Onsite consultation

76-13-421. Onsite consultation.
(1) The department shall make its decision on whether or not to require an onsite consultation based on whether:
(a) the proposed timber sale is in a high-priority location for watershed resources;
(b) a consultation could contribute to improved watershed management; and
(c) the department has sufficient resources to conduct the consultation.
(2) The department shall schedule an onsite consultation at a time mutually agreeable to the operator, the owner (if the owner can be contacted and wishes to participate), and the department. Unless otherwise agreeable to the operator and a participating owner, a consultation must be held no later than:
(a) 10 calendar days after the mailing of the notice by the department, if the site is accessible; or
(b) if the site is temporarily inaccessible due to road conditions, weather conditions, or other factors, 10 calendar days after the operator indicates that the site is accessible.
(3) The onsite consultation must include representatives of the department, the operator, and, if the owner desires representation, the owner. Representatives of the department of environmental quality, the department of fish, wildlife, and parks, and the local conservation district may also participate but shall meet the consultation schedule established under 76-13-420(3)(c) or subsection (2) of this section.
(4) If the department and the operator are not able to schedule an onsite consultation within the time limits provided in subsection (2)(a) or (2)(b) or at another mutually agreeable time, the requirement for a consultation is terminated. The operator may then proceed with forest practices immediately upon the expiration of the time limits provided in subsection (2)(a) or (2)(b).
History: En. Sec. 4(4) thru (7), Ch. 423, L. 1989; amd. Sec. 263, Ch. 418, L. 1995; Sec. 76-13-132, MCA 2005; redes. 76-13-421 by Sec. 32(3), Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-422. Purpose of onsite consultation -- department responsibility

76-13-422. Purpose of onsite consultation -- department responsibility.
(1) The onsite consultation provided for in 76-13-421 is intended only for the purpose of providing information to owners and operators and does not confer upon the department or any other agency of state or local government authority to compel an owner or operator to undertake or refrain from undertaking specific management practices that are not otherwise regulated by law or rule.
(2) The department does not incur any obligation or liability by virtue of a decision to conduct or not conduct an onsite consultation.
(3) To the extent practicable, the department shall evaluate the application of forest practices as part of an onsite inspection, relating to the control of timber slash and debris, conducted under the provisions of Title 76, chapter 13, part 4.
History: En. Sec. 4(8), (9), (12), Ch. 423, L. 1989; Sec. 76-13-133, MCA 2005; redes. 76-13-422 by Sec. 32(3), Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-423. When additional notification required

76-13-423. When additional notification required.
(1) Except as provided in subsection (2), the department may require only one notification for each timber sale, even though multiple forest practices may be conducted.
(2) If an operator modifies the operator's proposed forest practices in a manner that substantially alters the potential watershed disturbance, the operator shall submit a revised notification to the department.
History: En. Sec. 4(10), Ch. 423, L. 1989; Sec. 76-13-134, MCA 2005; redes. 76-13-423 by Sec. 32(3), Ch. 336, L. 2007; amd. Sec. 2523, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 4. Control of Timber Slash and Debris › 76-13-424. Emergency forest practices

76-13-424. Emergency forest practices.
Nothing in 76-13-420 through 76-13-424 precludes an operator from undertaking any forest practice in an emergency to prevent watershed damage or the loss of timber resources.
History: En. Sec. 4(11), Ch. 423, L. 1989; Sec. 76-13-135, MCA 2005; redes. 76-13-424 by Sec. 32(3), Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 5. Portable Sawmills on Forest Lands (Repealed) › 76-13-501. Repealed

76-13-501. Repealed.
Sec. 1, Ch. 94, L. 2001.
History: En. 28-801 by Sec. 106, Ch. 253, L. 1974; R.C.M. 1947, 28-801; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 267, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 5. Portable Sawmills on Forest Lands (Repealed) › 76-13-502. Repealed

76-13-502. Repealed.
Sec. 1, Ch. 94, L. 2001.
History: En. Sec. 1, Ch. 124, L. 1931; re-en. Sec. 1839.1, R.C.M. 1935; Sec. 81-1501, R.C.M. 1947; amd. and redes. 28-802 by Sec. 107, Ch. 253, L. 1974; R.C.M. 1947, 28-802.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 5. Portable Sawmills on Forest Lands (Repealed) › 76-13-503. Repealed

76-13-503. Repealed.
Sec. 1, Ch. 94, L. 2001.
History: En. Sec. 2, Ch. 124, L. 1931; re-en. Sec. 1839.2, R.C.M. 1935; amd. Sec. 2, Ch. 248, L. 1965; Sec. 81-1502, R.C.M. 1947; amd. and redes. 28-803 by Sec. 108, Ch. 253, L. 1974; R.C.M. 1947, 28-803; amd. Sec. 35, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 5. Portable Sawmills on Forest Lands (Repealed) › 76-13-504. Repealed

76-13-504. Repealed.
Sec. 1, Ch. 94, L. 2001.
History: En. Sec. 3, Ch. 124, L. 1931; re-en. Sec. 1839.3, R.C.M. 1935; Sec. 81-1503, R.C.M. 1947; amd. and redes. 28-804 by Sec. 109, Ch. 253, L. 1974; R.C.M. 1947, 28-804.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 5. Portable Sawmills on Forest Lands (Repealed) › 76-13-505. Repealed

76-13-505. Repealed.
Sec. 1, Ch. 94, L. 2001.
History: En. Sec. 4, Ch. 124, L. 1931; re-en. Sec. 1839.4, R.C.M. 1935; Sec. 81-1504, R.C.M. 1947; amd. and redes. 28-805 by Sec. 110, Ch. 253, L. 1974; R.C.M. 1947, 28-805.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 5. Portable Sawmills on Forest Lands (Repealed) › 76-13-506. Repealed

76-13-506. Repealed.
Sec. 1, Ch. 94, L. 2001.
History: En. Sec. 6, Ch. 124, L. 1931; re-en. Sec. 1839.6, R.C.M. 1935; Sec. 81-1506, R.C.M. 1947; amd. and redes. 28-806 by Sec. 111, Ch. 253, L. 1974; R.C.M. 1947, 28-806(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 5. Portable Sawmills on Forest Lands (Repealed) › 76-13-507. Repealed

76-13-507. Repealed.
Sec. 1, Ch. 94, L. 2001.
History: En. Sec. 6, Ch. 124, L. 1931; re-en. Sec. 1839.6, R.C.M. 1935; Sec. 81-1506, R.C.M. 1947; amd. and redes. 28-806 by Sec. 111, Ch. 253, L. 1974; R.C.M. 1947, 28-806(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 6. Transportation of Coniferous Trees › 76-13-601. Unlawful transportation of trees and boughs

76-13-601. Unlawful transportation of trees and boughs.
(1) A person may not transport on the ways of this state more than five coniferous trees without having possession of a bill of sale showing ownership of the trees. The bill of sale shall specify:
(a) the date of its execution;
(b) the name and address of the vendor or donor of the trees;
(c) the name and address of the vendee or donee of the trees;
(d) the number of trees, by species, sold or transferred by the bill of sale; and
(e) the shipping yards or the property from which the trees were taken.
(2) Subsection (1) does not apply to:
(a) the transportation of trees with their roots intact;
(b) the transportation of logs, poles, pilings, or other forest products from which substantially all the limbs and branches have been removed;
(c) the transportation of coniferous trees by the owner of the land from which they were taken or the owner's agent, provided that agent has possession of a tax receipt or other evidence indicating the section, township, and range from which the trees were harvested; or
(d) the transportation of coniferous trees by a common carrier.
(3) A person may not transport on the ways of this state more than 200 pounds of boughs from coniferous trees without written authorization of the owner of the boughs.
(4) The bill of sale required in subsection (1) or the written authorization required in subsection (3) must be exhibited on request of a law enforcement officer, highway patrol officer, state fish and game warden, an employee of the department of transportation designated or appointed as a peace officer under 61-10-154 or 61-12-201, or an agent of the department of natural resources and conservation.
(5) A person who violates this section shall be punished by a fine not to exceed $500, imprisonment not to exceed 6 months, or both.
(6) For the purposes of this section, "ways of this state" means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public vehicle travel that is commonly used by the public with the express or implied consent of the owner.
History: En. Sec. 1, Ch. 133, L. 1981; amd. Sec. 1, Ch. 621, L. 1983; (5)En. Sec. 2, Ch. 621, L. 1983; amd. Sec. 1, Ch. 35, L. 1987; amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 268, Ch. 418, L. 1995; amd. Sec. 13, Ch. 366, L. 2005.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 7. Sustainable Management of Public Forests › 76-13-701. Findings and policy

76-13-701. Findings and policy.
(1) The legislature finds that the sustainable management of public forests in Montana is vital to conserving the state's natural resources and their economic and ecological potential for the benefit of all Montanans.
(2) The legislature finds that public forests in Montana should be sustainably managed to maintain biodiversity, productivity, regeneration capacity, vitality, and potential to fulfill relevant ecological, economic, and social functions.
(3) The legislature finds that sustainable forest stewardship and management of Montana's public forests requires a balanced approach that ensures a stable timber supply, active restoration, healthy watersheds and fish and wildlife habitat, areas for natural processes, and allowances for multiple uses.
(4) The legislature finds that:
(a) there is overwhelming evidence that the management, protection, and conservation of watersheds in Montana is critical to the well-being of the state;
(b) the water supplies of some of the state's most populous cities and surrounding areas originate in federally managed watersheds that are at risk for catastrophic wildfire, the severity of which could be reduced by proper management;
(c) a catastrophic wildfire in any one of those municipal watersheds would result in ash and sediment inundating and degrading the water supply, leaving tens of thousands of residents without drinking water, creating a severe public safety situation, and decimating millions of dollars worth of water infrastructure;
(d) a burned-out watershed also affects the timing of snow melt and stream flow, which detrimentally affects irrigation and fisheries; and
(e) federal land managers are not giving due consideration to the constitutionally protected water rights of the state and its citizens, the exercise of which would be impaired by a catastrophic wildfire.
(5) The legislature declares that it is the policy of this state to promote the sustainable use of all public forests within the state through sound management and collaboration with local, state, and federal entities.
History: En. Sec. 1, Ch. 409, L. 2007; amd. Sec. 3, Ch. 403, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 7. Sustainable Management of Public Forests › 76-13-702. Duties -- authority

76-13-702. Duties -- authority.
To implement the policy of 76-13-701, the department of natural resources and conservation:
(1) shall support sustainable forest management practices, including forest restoration, on public forests in Montana consistent with all applicable laws and administrative requirements;
(2) shall provide technical information and educational assistance to nonindustrial, private forest landowners;
(3) shall promote forest management activities within and adjacent to the wildland-urban interface and promote the implementation of community wildfire protection plans;
(4) shall promote a viable forest and wood products industry and other businesses and individual activities that rely on public forest lands;
(5) shall represent the state's interest in the federal forest management planning and policy process, including establishing cooperative agency status and coordination with federal agencies;
(6) shall advocate that Montana be included in federal legislation to establish a good neighbor policy that would allow the secretary of the interior or the secretary of agriculture to enter into a cooperative agreement or contract that would authorize the state forester to provide watershed restoration and protection services on federal land. Watershed restoration and protection services included in the good neighbor policy must include the authority to:
(a) treat insect-infested trees;
(b) reduce hazardous fuels; and
(c) conduct any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat.
(7) may assist local government entities in establishing cooperative agency status and coordination with federal agencies;
(8) shall promote the development of an independent, long-term sustained yield calculation on Montana's federal forests;
(9) has the authority to intervene in litigation or appeals on federal forest management projects that:
(a) comply with the policy in 76-13-701 and in which local and state interests are clearly involved; or
(b) involve fuel-loading conditions that the department considers to be a significant threat to public health and safety or to hamper watershed restoration and protection;
(10) has the authority to enter into agreements with federal agencies to participate in forest management activities on federal lands; and
(11) shall participate in and facilitate collaboration between traditional forest interests in reaching consensus-based solutions on federal land management issues.
History: En. Sec. 2, Ch. 409, L. 2007; amd. Sec. 1, Ch. 58, L. 2009; amd. Sec. 1, Ch. 115, L. 2009; amd. Sec. 4, Ch. 403, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 8. Mechanized Fuels Reduction and Fire Suppression (Terminated) › 76-13-801. Terminated

76-13-801. Terminated.
Sec. 7, Ch. 289, L. 2009.
History: En. Sec. 1, Ch. 289, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 8. Mechanized Fuels Reduction and Fire Suppression (Terminated) › 76-13-802. Terminated

76-13-802. Terminated.
Sec. 7, Ch. 289, L. 2009.
History: En. Sec. 4, Ch. 289, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-101. Short title

76-14-101. Short title.
This part shall be known as the "Montana Rangeland Resources Act".
History: En. 76-301 by Sec. 1, Ch. 408, L. 1977; R.C.M. 1947, 76-301.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-102. Purpose

76-14-102. Purpose.
The purpose of this part is to establish a program of rangeland management whereby:
(1) the importance of Montana's rangeland with respect to livestock, forage, wildlife habitat, high-quality water production, pollution control, erosion control, recreation, and the natural beauty of the state is recognized;
(2) cooperation and coordination of range management activities between persons and organizations charged with or having the management of rangeland, whether private or public, can be promoted and developed; and
(3) those who are doing exceptional work in range management can receive appropriate recognition.
History: En. 76-302 by Sec. 2, Ch. 408, L. 1977; R.C.M. 1947, 76-302.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-103. Definitions

76-14-103. Definitions.
As used in this part, the following definitions apply:
(1) "Committee" means the Montana rangeland resources committee selected as provided in 2-15-3305(2).
(2) "Department" means the department of natural resources and conservation.
(3) "Montana rangeland resource program" means the rangeland resource program administered by the conservation districts division of the department of natural resources and conservation in concert with the Montana conservation districts law and the Grass Conservation Act to maintain and enhance the rangeland resources of the state.
(4) "Person" means any individual or association, partnership, corporation, or other business entity.
(5) "Range condition" means the current condition of the vegetation on a range site in relation to the natural potential plant community for that site.
(6) "Range management" means a distinct discipline founded on ecological principles and dealing with the husbandry of rangelands and range resources.
(7) "Rangeland" means land on which the native vegetation (climax or natural potential) is predominantly grasses, grasslike plants, forbs, or shrubs suitable for grazing or browsing use.
(8) "State coordinator" means the state coordinator for the Montana Rangeland Resources Act provided for in 2-15-3304.
(9) "Tame pastureland" means land that has been modified by mechanical cultivation and that has current vegetation consisting of native or introduced species, or both.
(10) "Users of rangeland" means all persons, including but not limited to ranchers, farmers, hunters, anglers, recreationists, and others appreciative of the functional, productive, aesthetic, and recreational uses of rangelands.
History: (1) thru (6), (8)En. 76-303 by Sec. 3, Ch. 408, L. 1977; Sec. 76-303, R.C.M. 1947; (7)En. by Code Commissioner, 1979; R.C.M. 1947, 76-303(part); amd. Sec. 1, Ch. 171, L. 1983; amd. Sec. 66, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-104. Types of land included as rangeland

76-14-104. Types of land included as rangeland.
The term "rangeland" includes lands revegetated naturally or artificially to provide a forage cover that is managed like native vegetation. Rangelands include natural grasslands, savannahs, shrublands, most deserts, tundra, alpine communities, coastal marshes, and wet meadows.
History: En. 76-303 by Sec. 3, Ch. 408, L. 1977; R.C.M. 1947, 76-303(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-105. Role of state coordinator

76-14-105. Role of state coordinator.
The state coordinator shall:
(1) serve as an advisor, counselor, and coordinator for and between persons and agencies involved in range management;
(2) strive to create understanding and compatibility between the many users of rangeland, including hunters, anglers, recreationists, ranchers, and others;
(3) promote and coordinate the adoption and implementation of sound range management plans to minimize conflicts between governmental agencies and private landowners;
(4) participate in zoning and planning studies to ensure that native ranges are adequately represented at sessions for development of zoning and planning regulations;
(5) coordinate range management research to help prevent duplication and overlap of effort in this area.
History: En. 76-304 by Sec. 4, Ch. 408, L. 1977; R.C.M. 1947, 76-304(2); amd. Sec. 2524, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-106. Duties of rangeland resources committee

76-14-106. Duties of rangeland resources committee.
(1) The committee shall:
(a) review and recommend annual and long-range work programs;
(b) suggest priorities of work;
(c) provide advice and counsel to the coordinator for carrying out the rangeland resource program.
(2) The committee may consult with state and federal agencies and units of the university system as it considers appropriate in performing its duties.
History: En. 76-307 by Sec. 7, Ch. 408, L. 1977; R.C.M. 1947, 76-307; amd. Sec. 2, Ch. 44, L. 1985.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-111. Rangeland improvement loan program

76-14-111. Rangeland improvement loan program.
The department may make rangeland improvement loans for rangeland development and improvement, including but not limited to stock water development, cross fencing, establishment of grazing systems, reseeding, mechanical renovation, sagebrush management, and weed control.
History: En. Sec. 2, Ch. 171, L. 1983.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-112. Rangeland improvement loan special revenue account

76-14-112. Rangeland improvement loan special revenue account.
(1) There is created a rangeland improvement loan special revenue account within the state special revenue fund established in 17-2-102.
(2) There must be allocated to the rangeland improvement loan earmarked account any principal and accrued interest received in repayment of a loan made under the rangeland improvement loan program and any fees or charges collected by the department pursuant to 76-14-116 for the servicing of loans, including arrangements for obtaining security interests.
(3) Deposits to the rangeland improvement loan special revenue account must be placed in short-term investments, and the earnings must be deposited in the rangeland improvement loan special revenue account.
History: En. Sec. 3, Ch. 171, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 14, Ch. 418, L. 1987; amd. Sec. 55, Ch. 16, L. 1991; amd. Sec. 1, Ch. 437, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 14. Rangeland Resources › Part 1. Rangeland Management › 76-14-113. Eligibility for loans

76-14-113. Eligibility for loans.
(1) Any person may apply for a loan to finance rangeland improvements to be constructed, developed, and operated in Montana who:
(a) is a resident of Montana;
(b) is engaged in farming or ranching; and
(c) possesses the necessary expertise to make a rangeland loan practical.
(2) All loans must be for rangeland improvement or development exclusively.
(3) An application for a loan must be in the form prescribed by the department and accompanied by a resource conservation plan, which may be prepared in consultation with the United States natural resources conservation service.
History: En. Sec. 4, Ch. 171, L. 1983; amd. Sec. 280, Ch. 42, L. 1997.