reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 8. Buildings for Lease or Rent › Part 1. Lease or Rent -- General Provisions › 76-8-101. Definitions

76-8-101. Definitions.
As used in this part, the following definitions apply:
(1) "Building" means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business. Except as provided in 76-3-103(16) the term includes a recreational camping vehicle, mobile home, or cell tower. The term does not include a condominium or townhome.
(2) "Department" means the department of environmental quality provided for in 2-15-3501.
(3) "Governing body" means the legislative authority for a city, town, county, or consolidated city-county government.
(4) "Landowner" means an owner of a legal or equitable interest in real property. The term includes an heir, successor, or assignee of the ownership interest.
(5) "Local reviewing authority" means a local department or board of health that is approved to conduct reviews under Title 76, chapter 4.
(6) "Supermajority" means:
(a) an affirmative vote of at least two-thirds of the present and voting members of a city or town council;
(b) a unanimous affirmative vote of the present and voting county commissioners in counties with three county commissioners;
(c) an affirmative vote of at least four-fifths of the present and voting county commissioners in counties with five commissioners;
(d) an affirmative vote of at least two-thirds of the present and voting county commissioners in counties with more than five commissioners; or
(e) an affirmative vote of at least two-thirds of the present and voting members of the governing body of a consolidated city-county government.
(7) "Tract" means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office.
History: En. Sec. 1, Ch. 379, L. 2013; amd. Sec. 4, Ch. 363, L. 2017.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 8. Buildings for Lease or Rent › Part 1. Lease or Rent -- General Provisions › 76-8-102. Buildings for lease or rent -- review procedure

76-8-102. Buildings for lease or rent -- review procedure.
(1) Unless the buildings are exempt from review as provided in 76-8-103 or subject to review as provided in 76-8-106, an application for the creation of buildings for lease or rent on a single tract must be reviewed as provided in this section.
(2) An application pursuant to this section for the creation of buildings for lease or rent must be submitted for review to:
(a) the governing body or its agent or agency in which the buildings are proposed to be located; and
(b) the department or local reviewing authority if review by the department or local reviewing authority is required by Title 76, chapter 4 or to the local board or department of health if review is required by Title 50.
(3) (a) Upon receipt of an application and any applicable fees, the governing body or its agent or agency shall within 10 working days determine whether the application contains the required materials and sufficient information for review. The governing body or its agent or agency shall notify the applicant in writing as to whether the application is complete. If the application is incomplete, the governing body shall identify any missing materials or insufficient information.
(b) After the governing body or its agent or agency has notified the applicant that the application is complete, the governing body shall approve, conditionally approve, or deny the application for the creation of buildings for lease or rent pursuant to this section within 60 working days. The applicant and the governing body may agree to extend the time for review in writing.
(c) Review and approval, conditional approval, or denial of an application for the creation of buildings for lease or rent pursuant to this section must be based upon the regulations in effect at the time an application is determined to be complete. If regulations change during the period that the application is determined to be complete, the determination of whether the application is complete must be based on the new regulations.
(4) The governing body may establish a reasonable fee to be paid by the landowner commensurate with the cost of reviewing applications submitted pursuant to this section.
(5) If the governing body denies, approves, or conditionally approves the proposed creation of buildings for lease or rent pursuant to this section, the governing body shall provide written notification to the landowner within the 60 working-day period provided in this section.
History: En. Sec. 6, Ch. 379, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 8. Buildings for Lease or Rent › Part 1. Lease or Rent -- General Provisions › 76-8-103. Buildings for lease or rent -- exemptions

76-8-103. Buildings for lease or rent -- exemptions.
(1) A building created for lease or rent on a single tract is exempt from the provisions of this part if:
(a) the building is in conformance with applicable zoning regulations adopted pursuant to Title 76, chapter 2, parts 1 through 3, provided that the zoning contains the elements of 76-8-107; or
(b) when applicable zoning regulations are not in effect:
(i) the building was in existence or under construction before September 1, 2013;
(ii) the building provides accommodations as defined in 15-68-101 that are subject to the lodging facility use tax under Title 15, chapter 65, except for recreational camping vehicles or mobile home parks;
(iii) the building is created for lease or rent for farming or agricultural purposes;
(iv) the building is not served by water and wastewater and will not be leased or rented;
(v) the building is served by water and wastewater and the landowner records a notarized declaration with the clerk and recorder of the county in which the property is located stating that the proposed building will not be leased or rented. The declaration recorded pursuant to this subsection (1)(b)(v) runs with the land and is binding on the landowner and all subsequent landowners and successors in interest to the property. The declaration must include but is not limited to:
(A) the name and address of the landowner;
(B) a legal description of the tract upon which the proposed building will be located; and
(C) a specific description of the building on the tract of record.
(2) Any building that is exempt under subsection (1) from the provisions of this part and that is or will be served by water or wastewater must be in compliance with the provisions of 76-8-106.
(3) The exemption provided in subsection (1)(b)(i) is limited to the first three buildings created for lease or rent on a single tract.
History: En. Sec. 2, Ch. 379, L. 2013; amd. Sec. 10, Ch. 484, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 8. Buildings for Lease or Rent › Part 1. Lease or Rent -- General Provisions › 76-8-106. Buildings for lease or rent -- three or fewer buildings -- application -- review procedures

76-8-106. Buildings for lease or rent -- three or fewer buildings -- application -- review procedures.
(1) A landowner shall submit an application for the creation of the first three or fewer buildings for lease or rent on a single tract to the department or local reviewing authority for sanitation review if review is required by Title 76, chapter 4, or to the local board or department of health if review is required by Title 50.
(2) If the department or local reviewing authority approves the application, the landowner shall record the certificate of approval and any conditions for the approval of the application with the county clerk and recorder.
(3) If a building for lease or rent is created on a single tract on or after September 1, 2013, and the tract is later subdivided or an exemption from subdivision review is used pursuant to Title 76, chapter 3, any building for lease or rent on the new tract is subject to the provisions of 76-8-102, 76-8-107, and 76-8-108.
History: En. Sec. 3, Ch. 379, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 8. Buildings for Lease or Rent › Part 1. Lease or Rent -- General Provisions › 76-8-107. Buildings for lease or rent -- four or more buildings -- regulations

76-8-107. Buildings for lease or rent -- four or more buildings -- regulations.
(1) A governing body shall adopt regulations for the administration and enforcement of the creation of four or more buildings for lease or rent on a single tract.
(2) The regulations adopted pursuant to this section must, at a minimum:
(a) list the materials that must be included in an application for the creation of four or more buildings for lease or rent;
(b) require a description of:
(i) property boundaries;
(ii) onsite and adjacent offsite streets, roads, and easements;
(iii) geographic features;
(iv) existing septic tanks and drainfields;
(v) existing wells; and
(vi) existing and proposed buildings;
(c) require adequate water supply and sewage and solid waste disposal facilities;
(d) require an assessment of potential significant impacts on the surrounding physical environment and human population in the area to be affected, including conditions, if any, that may be imposed on the proposal to avoid or minimize potential significant impacts identified;
(e) require adequate emergency medical, fire protection, and law enforcement services;
(f) require access to the site; and
(g) comply with applicable flood plain requirements.
(3) Prior to adopting regulations pursuant to this section, the governing body shall provide an opportunity for public hearing and comment on the proposed regulations. Notice of the public hearing must be published as provided in 7-1-2121 if the governing body is a county commission or as provided in 7-1-4127 if the governing body is a city commission or a town council and must be posted not less than 30 days before the public hearing in at least five public places, including but not limited to public buildings. Public comment must be addressed before the regulations are adopted.
History: En. Sec. 4, Ch. 379, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 8. Buildings for Lease or Rent › Part 1. Lease or Rent -- General Provisions › 76-8-108. Additional review criteria -- four or more buildings for lease or rent

76-8-108. Additional review criteria -- four or more buildings for lease or rent.
(1) (a) Upon a majority vote, a governing body may increase the minimum number of buildings created for lease or rent that are subject to review by the governing body pursuant to 76-8-107. The governing body may elect to increase the minimum number subject to review by the governing body for all buildings created for lease or rent or may limit the increase to specific types or uses of buildings created for lease or rent.
(b) For purposes of subsection (1)(a), the governing body shall adopt regulations pursuant to 76-8-107 identifying the number or types of buildings created for lease or rent that are subject to review by the governing body.
(2) Upon a supermajority vote, the governing body may adopt regulations pursuant to 76-8-107 for the purpose of reviewing four or more buildings for lease or rent that are in addition to the regulations provided in 76-8-107. For purposes of this subsection, a governing body may adopt any regulations it considers necessary to protect public health, safety, or the general welfare.
History: En. Sec. 5, Ch. 379, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 8. Buildings for Lease or Rent › Part 1. Lease or Rent -- General Provisions › 76-8-113. Actions against governing body and department

76-8-113. Actions against governing body and department.
(1) An applicant who has filed an application for the creation of buildings for lease or rent and who is aggrieved by a decision of the department or the local reviewing authority may request a hearing as provided in 76-4-126(1). For purposes of this subsection, the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to the proceeding.
(2) An applicant who has filed an application for the creation of buildings for lease or rent or a landowner with a property boundary contiguous to the tract on which the buildings are proposed to be located who is aggrieved by a decision of the governing body may, within 30 days of the date of the decision of the governing body, appeal to the district court in the county in which the property involved is located.
(3) For purposes of this section, "aggrieved" has the meaning provided in 76-3-625.
History: En. Sec. 7, Ch. 379, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 8. Buildings for Lease or Rent › Part 1. Lease or Rent -- General Provisions › 76-8-114. Violations -- penalties

76-8-114. Violations -- penalties.
(1) If any building is created in violation of this part, the governing body may, in addition to assessing a fine or penalty not to exceed a maximum of $500, initiate an action to:
(a) prevent the unlawful creation of the building;
(b) restrain, correct, or abate a violation; or
(c) prevent the occupancy of the building.
(2) For the purposes of enforcing the provisions of this part, the governing body shall attempt to obtain voluntary compliance from the landowner at least 30 days prior to initiating an action for a violation of this part.
History: En. Sec. 8, Ch. 379, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 9. Shooting Ranges › Part 1. Protection of Shooting Range Location and Investments › 76-9-101. Policy

76-9-101. Policy.
It is the policy of the state of Montana to provide for the health, safety, and welfare of the citizens of the state by promoting the safety and enjoyment of the shooting sports among the citizens of the state and by protecting the locations of and investment in shooting ranges for shotgun, archery, rifle, and pistol shooting.
History: En. Sec. 1, Ch. 415, L. 1991.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 9. Shooting Ranges › Part 1. Protection of Shooting Range Location and Investments › 76-9-102. Prohibitions

76-9-102. Prohibitions.
(1) Standards adopted by a state agency or unit of local government to limit levels of noise that may occur in the outdoor atmosphere may not apply to shooting ranges.
(2) Standards adopted by a state agency or unit of local government promulgated pursuant to Title 75 and concerning pollution by lead, copper, or brass may not limit or prohibit the operation of a shooting range because of lead, copper, or brass deposition resulting from shooting activities.
History: En. Sec. 2, Ch. 415, L. 1991.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 9. Shooting Ranges › Part 1. Protection of Shooting Range Location and Investments › 76-9-103. Planning -- effect on shooting ranges

76-9-103. Planning -- effect on shooting ranges.
The laws of this state concerning planning or growth policies, as defined in 76-1-103, may not be construed to authorize an ordinance, resolution, or rule that would:
(1) prevent the operation of an existing shooting range as a nonconforming use;
(2) prohibit the establishment of new shooting ranges, but the ordinance, resolution, or rule may regulate the construction of shooting ranges to specified zones; or
(3) prevent the erection or construction of safety improvements on existing shooting ranges.
History: En. Sec. 3, Ch. 415, L. 1991; amd. Sec. 65, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 9. Shooting Ranges › Part 1. Protection of Shooting Range Location and Investments › 76-9-104. Zoning -- effect on shooting ranges

76-9-104. Zoning -- effect on shooting ranges.
A planning district growth policy, recommendation, resolution, rule, or zoning designation may not:
(1) prevent the operation of an existing shooting range as a nonconforming use;
(2) prohibit the establishment of new shooting ranges, but it may regulate the construction of shooting ranges to specified zones; or
(3) prevent the erection or construction of safety improvements on existing shooting ranges.
History: En. Sec. 4, Ch. 415, L. 1991; amd. Sec. 33, Ch. 582, L. 1999.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 9. Shooting Ranges › Part 1. Protection of Shooting Range Location and Investments › 76-9-105. Closure of shooting ranges -- limitations -- relocation cost

76-9-105. Closure of shooting ranges -- limitations -- relocation cost.
(1) Except as provided in subsection (2), an established shooting range may not be prevented from operation by a state agency, unit of local government, or court unless the range presents a clear and provable safety hazard to the adjacent population.
(2) If a pressing public need exists because of incompatibility with nearby population or land use, an established shooting range may be relocated by an agency of state government, unit of local government, or court, but only if all of the following conditions are met:
(a) pressing public need is documented through hearings, testimony, and a clear and precise statement of need by the agency, unit of local government, or court involved;
(b) the agency or unit of local government obtaining the closure pays the appraised cost of the land together with improvements to the operators of the shooting range. In return the shooting range operators shall relinquish their interest in the property to the agency or unit of local government obtaining the closure.
(3) If a shooting range presents a clear and provable safety hazard to adjacent population, the range may be suspended from operation if:
(a) reasonable notice and opportunity to respond are afforded the range operators; and
(b) reasonable opportunity is afforded the range operators to correct any safety defects.
History: En. Sec. 5, Ch. 415, L. 1991.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 10. Regulation of Wildcrafting › Part 1. General Provisions › 76-10-101. Purpose

76-10-101. Purpose.
(1) The purpose of this part is to:
(a) encourage the growth of a statewide sustainable wildcrafting industry that encourages stewardship of the wild plant natural resources of the state by requiring a person who is wildcrafting for commercial purposes to obtain a permit or permission in a written form before the person can wildcraft and by providing enforcement procedures;
(b) require buyers to be accountable for wildcrafted plant material that they purchase by requiring recordkeeping; and
(c) establishing enforcement procedures.
(2) The state recognizes its limited jurisdiction within the Indian reservations in Montana and acknowledges and respects the government-to-government relationship between Montana and the tribes within its borders. It is the legislature's intent that this part be implemented within current jurisdictional limitations. The tribes are invited to enter into state-tribal cooperative agreements with Montana to provide for broader implementation.
History: En. Sec. 1, Ch. 282, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 10. Regulation of Wildcrafting › Part 1. General Provisions › 76-10-102. Definitions

76-10-102. Definitions.
As used in this part, the following definitions apply:
(1) "Buyer" means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale.
(2) "Commercial purposes" means the harvest of wildcrafted plant material for the purpose of selling, trading, or otherwise exchanging the material for profit.
(3) "Landowner" means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property.
(4) "Other jurisdictional entity" means the federal government or a tribal government.
(5) "Person" includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization.
(6) "Property" means land, roads, water, watercourses, and private ways. The term includes any improvements, buildings, structures, machinery, and equipment on property.
(7) "Seller" means a person who sells wildcrafted plant material.
(8) "Transport" means the physical conveyance of wildcrafted plant material away from the site of wildcrafting and includes but is not limited to transportation by:
(a) a motor vehicle designed for use on improved roadways;
(b) a boat, barge, raft, or other water vessel; or
(c) an airplane, helicopter, balloon, or other aircraft.
(9) (a) "Wildcraft" means to collect, harvest, or separate by cutting, prying, picking, peeling, breaking, pulling, digging, splitting, or otherwise removing uncultivated plants or plant parts from their physical connection or point of contact with the ground or vegetation upon which they are growing or from the place or position where they lay for commercial purposes.
(b) The term does not include the collection of:
(i) plant material used for a campfire; or
(ii) amounts intended for personal consumption.
(10) "Wildcrafted plant material" means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana.
(11) "Wildcrafter" means a person who wildcrafts plants.
History: En. Sec. 2, Ch. 282, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 10. Regulation of Wildcrafting › Part 1. General Provisions › 76-10-103. Written permission or permit to wildcraft required

76-10-103. Written permission or permit to wildcraft required.
(1) It is unlawful for any person to wildcraft or transport wildcrafted plant material without having in the person's possession a bill of sale, a signed, written permission form, or a permit from a landowner to wildcraft from the property from which the material is wildcrafted. The written permission or permit must include the following:
(a) the date the permission is given or the permit is issued;
(b) the name, address, telephone number, and signature of the person granting the permission or issuing the permit;
(c) the name, address, and telephone number of the person that is granted the permission or issued the permit;
(d) the common name or scientific name of the plant to be wildcrafted;
(e) the amount and specified part of the plant material to be wildcrafted;
(f) a description of the location on the property from which plant material may be wildcrafted;
(g) the expiration date of the permission or permit; and
(h) the license plate number of the vehicle to be used for the purposes of wildcrafting.
(2) Written permission given or a permit issued to the person supervising a crew of wildcrafters is an acceptable substitute for individual permission or permits.
History: En. Sec. 3, Ch. 282, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 10. Regulation of Wildcrafting › Part 1. General Provisions › 76-10-104. Exemption from written permission or permit requirement

76-10-104. Exemption from written permission or permit requirement.
The following are exemptions to the requirements of 76-10-103:
(1) A permit issued by a land management agency, another government agency, or any other jurisdictional entity in the state is acceptable in lieu of the written permission if the wildcrafting occurs on land managed by the entity issuing the permit.
(2) A landowner or other jurisdictional entity does not need written permission or a permit to wildcraft on property that the landowner or other jurisdictional entity owns.
(3) Written permission or a permit is not required for the amount of wildcrafted plant material that the landowner or other jurisdictional entity determines is for personal or incidental use.
History: En. Sec. 4, Ch. 282, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 10. Regulation of Wildcrafting › Part 1. General Provisions › 76-10-105. Requirements of buyer

76-10-105. Requirements of buyer.
(1) A buyer of wildcrafted plant material shall keep records of purchases or acquisitions of wildcrafted plant material for a period of 3 years from the date of purchase or acquisition.
(2) Copies of the records must be made available to a law enforcement officer upon request.
(3) The records must include:
(a) the date of purchase or acquisition;
(b) the common name or scientific name of the wildcrafted plant material;
(c) the number of the permit, if a number exists, or a copy of the permit or the written permission authorizing the wildcrafting, unless the material came from property owned by the seller;
(d) the name, address, telephone number, and signature of the person from whom the wildcrafted plant material was obtained;
(e) the license plate number of the vehicle that was used to deliver the wildcrafted plant material to the buyer;
(f) the quantity and plant part of wildcrafted plant material purchased or acquired; and
(g) the name, address, and telephone number of the landowner from whose land the wildcrafted plant material was harvested.
History: En. Sec. 5, Ch. 282, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 10. Regulation of Wildcrafting › Part 1. General Provisions › 76-10-106. Restriction on liability of landowner

76-10-106. Restriction on liability of landowner.
(1) A person who uses private property for wildcrafting purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct.
(2) A person who uses public property for wildcrafting purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct.
History: En. Sec. 6, Ch. 282, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 10. Regulation of Wildcrafting › Part 1. General Provisions › 76-10-107. Violations -- penalties

76-10-107. Violations -- penalties.
(1) It is unlawful for a person to:
(a) fail to obtain permission from a landowner to enter property for purposes of wildcrafting;
(b) transport wildcrafted plant material without a bill of sale, a signed, written permission form, or a permit from a landowner as provided in 76-10-103;
(c) have in the person's possession an amount of wildcrafted plant material that is in excess of the amount granted in the bill of sale, written permission, or permit.
(2) A person who is found to have violated subsection (1) is guilty of a misdemeanor punishable by a fine in an amount not less than $100 or more than $1,000 or by imprisonment in the county jail for a term not to exceed 6 months or not less than 24 hours, or both, for a first offense. An offender convicted of a second offense under this section shall be fined not less than $500 or more than $1,000 or be imprisoned in the county jail for a term not to exceed 1 year or not less than 6 months, or both.
(3) All wildcrafted plant material that is illegally wildcrafted, transported, or in the possession of a person convicted under this section must be impounded.
(4) The incidental disturbance of plants by a lessee or permittee who is lawfully exercising rights granted under the lease or permit is not considered to be in violation of this part.
History: En. Sec. 7, Ch. 282, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 11. Natural Resources in General › Part 1. Protection From Fire (Renumbered and Repealed) › 76-11-101. Repealed

76-11-101. Repealed.
Sec. 30, Ch. 336, L. 2007.
History: En. Sec. 14, Ch. 147, L. 1909; re-en. Sec. 1836, R.C.M. 1921; re-en. Sec. 1836, R.C.M. 1935; amd. Sec. 1, Ch. 220, L. 1955; amd. Sec. 105, Ch. 253, L. 1974; amd. Sec. 18, Ch. 397, L. 1977; R.C.M. 1947, 81-1415; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 259, Ch. 418, L. 1995; amd. Sec. 1, Ch. 27, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 11. Natural Resources in General › Part 2. Soil Survey and Mapping Program › 76-11-202. Purpose

76-11-202. Purpose.
(1) The legislature finds that the soils of the state of Montana are one of its most basic and precious natural resources and that detailed knowledge of soil capabilities and adaptability is essential for:
(a) making wise land use decisions;
(b) preparing plans for cities, towns, counties, planning boards, farmers, foresters, industrial developers, and residential developers;
(c) locating and designing buildings, highways, reservoirs, and recreation areas; and
(d) protecting our forest, range, and agricultural lands.
(2) Pursuant to these findings, it is the intention of the legislature to accelerate the survey and mapping of the state's soil resources, to set a goal of completing the soil survey and mapping program.
History: En. Sec. 2, Ch. 358, L. 1979.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 11. Natural Resources in General › Part 2. Soil Survey and Mapping Program › 76-11-203. Repealed

76-11-203. Repealed.
Sec. 500, Ch. 418, L. 1995.
History: En. Sec. 3, Ch. 358, L. 1979; amd. Sec. 52, Ch. 112, L. 1991; amd. Sec. 46, Ch. 349, L. 1993.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-101. Short title

76-12-101. Short title.
This part shall be known and may be cited as the "Montana Natural Areas Act of 1974".
History: En. 81-2701 by Sec. 1, Ch. 254, L. 1974; R.C.M. 1947, 81-2701.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-102. Legislative findings

76-12-102. Legislative findings.
The legislature finds that:
(1) in the expanses of Montana there are natural areas possessing significant scenic, educational, scientific, biological, and/or geological values or areas possessing these characteristics to a degree promising their restoration to a natural state;
(2) since the development of these areas is an irreversible commitment of a finite and diminishing resource of fundamental importance, selected areas should be preserved for the benefit of this and future generations;
(3) currently there are no regulations promulgated by the state or local governments to insure adequate protection for natural areas;
(4) it is necessary to establish a process for developing a system of natural areas and to encourage public and private participation in the establishment of a natural areas system for the benefit of the citizens of the state; and
(5) designations of natural areas should first consider protected natural features in publicly owned and privately dedicated lands, such as nature preserves, natural areas, parks, and wilderness areas, and should avoid duplication of these features.
History: En. 81-2702 by Sec. 2, Ch. 254, L. 1974; R.C.M. 1947, 81-2702(part); amd. Sec. 1, Ch. 460, L. 1987.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-103. Statement of policy

76-12-103. Statement of policy.
(1) It is the intention of the legislature to establish a system for the protection of natural or potentially natural areas in order to preserve their natural ecosystem integrity in perpetuity.
(2) In this connection, the legislature recognizes the fact that the school trust lands are held in trust for the support of education and for the attainment of other worthy objects helpful to the well-being of the people of the state; that it is the duty of the board of land commissioners to administer this trust so as to secure the largest measure of legitimate and reasonable advantage to the state; and hereby declares the preservation of natural areas, whether trust or other lands, for the enjoyment and inspiration of future generations to be an object worthy of legislative action helpful to the well-being of the people of the state and also declares that the preservation of natural areas on state trust land has sufficient value to present and future education to meet the state's obligation for the disposition and utilization of trust lands as specified in The Enabling Act.
History: En. 81-2702 by Sec. 2, Ch. 254, L. 1974; R.C.M. 1947, 81-2702(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-104. Definitions

76-12-104. Definitions.
(1) "Board" means the board of land commissioners.
(2) "Department" means the department of natural resources and conservation.
(3) "Natural area" means an area of land that must generally appear to have been affected primarily by the forces of nature with the visual aspects of human intrusion not dominant and also must have one or more of the following characteristics:
(a) an outstanding mixture or variety of vegetation, wildlife, water resource, landscape, and scenic values;
(b) an important or rare ecological or geological feature or other rare or significant natural feature worthy of preservation for scientific, educational, or ecological purposes.
(4) "Natural areas system" means the composite of lands in the state that exhibit the characteristics of natural areas and that have been designated by the board or dedicated or otherwise protected and managed as natural areas.
(5) "Register" means the Montana register of natural areas established under 76-12-121.
History: En. 81-2703 by Sec. 3, Ch. 254, L. 1974; R.C.M. 1947, 81-2703; amd. Sec. 2, Ch. 460, L. 1987; amd. Sec. 261, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-105. Repealed

76-12-105. Repealed.
Sec. 11, Ch. 460, L. 1987.
History: En. 81-2705 by Sec. 5, Ch. 254, L. 1974; R.C.M. 1947, 81-2705(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-106. Repealed

76-12-106. Repealed.
Sec. 11, Ch. 460, L. 1987.
History: En. 81-2705 by Sec. 5, Ch. 254, L. 1974; R.C.M. 1947, 81-2705(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-107. Methods of bringing land under part

76-12-107. Methods of bringing land under part.
A natural area, as defined in 76-12-104, may become subject to the provisions of this part in any of the following ways:
(1) designation by the board on lands controlled by the board;
(2) designation by the legislature on lands owned by the state of Montana;
(3) acquisition by the board by purchase with consent of the property owner of sufficient interests in private property to protect the natural area; provided, however, that transfer of surface property or development rights shall not alter the rights attending the subsurface estate if owned by another party;
(4) gift accepted by the board under the authority of 77-1-213, including conservation easements, provided that lands accepted must be protected and managed as natural areas and money accepted must be used in accordance with the purposes of this part;
(5) trade of state-owned trust land for a natural area on federal, county, or private land, provided, however, that lands received in exchange for trust lands should be equal in value to the exchanged trust land and as closely as possible equal in area; or
(6) registration of land by the department, following appropriate documentation and owner consent, that has been designated, dedicated, or otherwise protected as a natural area by the owner, including a private landowner, public interest group, or other land management agency.
History: En. 81-2704 by Sec. 4, Ch. 254, L. 1974; R.C.M. 1947, 81-2704; amd. Sec. 4, Ch. 460, L. 1987.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-108. Acquisition of lands

76-12-108. Acquisition of lands.
Subject to the limits of available appropriations, the board is authorized to acquire interests in land by purchase, grant, deed, gift, or devise for the purpose of designating natural areas.
History: En. 81-2707 by Sec. 7, Ch. 254, L. 1974; R.C.M. 1947, 81-2707; amd. Sec. 95, Ch. 125, L. 2001; amd. Sec. 4, Ch. 238, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-109. Report to legislature

76-12-109. Report to legislature.
The board may, as provided in 5-11-210, submit to each legislature a report on its designation and acquisition activities.
History: En. 81-2705 by Sec. 5, Ch. 254, L. 1974; R.C.M. 1947, 81-2705(part); amd. Sec. 53, Ch. 112, L. 1991; amd. Sec. 47, Ch. 349, L. 1993.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-110. Restriction on condemnation or development of natural areas

76-12-110. Restriction on condemnation or development of natural areas.
Natural areas acquired or designated in accordance with the provisions of this part are protected from condemnation or other development adversely affecting the integrity of the natural area until legislative action is taken specifically authorizing the development or condemnation, as provided in Title 70, chapter 30.
History: En. 81-2708 by Sec. 8, Ch. 254, L. 1974; R.C.M. 1947, 81-2708(1); amd. Sec. 96, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-111. Continuation of existing uses

76-12-111. Continuation of existing uses.
Land uses on the designated or acquired natural area in existence at the time of designation or acquisition by the board may continue under appropriate leases or agreements. All such land uses shall be controlled under regulations established by the board under 76-12-112.
History: En. 81-2708 by Sec. 8, Ch. 254, L. 1974; R.C.M. 1947, 81-2708(2).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-112. Duties of board -- administrative rules and hearing requirements

76-12-112. Duties of board -- administrative rules and hearing requirements.
(1) The board shall, after at least one public hearing, promulgate comprehensive regulations for the protection of acquired and designated natural areas within its jurisdiction. Such regulations shall be consistent with the intent of this part and shall be promulgated and enforced so as to protect the qualities of the natural areas. Special attention shall be given to protecting areas from recreational overuse.
(2) The regulations shall provide for meetings by the board for the receipt of testimony on the department's proposed designation of natural areas. No area shall be designated by the board unless the opportunity for public testimony has been afforded at meetings provided for in the regulations and positive notification of all involved landowners and lessees has been made.
(3) The board shall consider the department's recommendations as provided in 76-12-121(4) and issue a statement of its decision.
History: En. 81-2709 by Sec. 9, Ch. 254, L. 1974; R.C.M. 1947, 81-2709; amd. Sec. 5, Ch. 460, L. 1987.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-113. Repealed

76-12-113. Repealed.
Sec. 11, Ch. 460, L. 1987.
History: En. 81-2710 by Sec. 10, Ch. 254, L. 1974; R.C.M. 1947, 81-2710(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-114. Repealed

76-12-114. Repealed.
Sec. 11, Ch. 460, L. 1987.
History: En. 81-2710 by Sec. 10, Ch. 254, L. 1974; R.C.M. 1947, 81-2710(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-115. Consultation with interested parties

76-12-115. Consultation with interested parties.
The department shall consult with citizen organizations, organizations representing Montana's basic resource industries, and other interested state agencies in the administration of this part.
History: En. 81-2711 by Sec. 11, Ch. 254, L. 1974; R.C.M. 1947, 81-2711(part); amd. Sec. 8, Ch. 460, L. 1987.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-116. Files and proceedings open to public

76-12-116. Files and proceedings open to public.
All files and proceedings under this part shall be open to the public.
History: En. 81-2711 by Sec. 11, Ch. 254, L. 1974; R.C.M. 1947, 81-2711(part).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-117. Application of more restrictive provisions

76-12-117. Application of more restrictive provisions.
A designated natural area that is or shall become a part of a state park, wildlife refuge, or similar area shall be subject to the provisions of this part and the laws under which the other areas may be administered, and in the case of conflict between the provisions of these laws, the more restrictive provisions shall apply.
History: En. 81-2712 by Sec. 12, Ch. 254, L. 1974; R.C.M. 1947, 81-2712.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-121. Duties of department -- plan for natural areas system

76-12-121. Duties of department -- plan for natural areas system.
The department may:
(1) identify the existing and potential natural areas on lands under its jurisdiction and annually prepare a register listing the existing natural areas on private, county, state, and federal land;
(2) prepare and implement a biennial administrative plan for a natural areas system that will:
(a) assure equitable representation of the diversity of natural area types that are found to occur on private, county, state, and federal lands; and
(b) include identification of important natural area needs, viable methods to make eligible lands a part of the natural areas system, responsible management entities, goals for establishing natural areas, obligations of cooperating agencies, organizations, and individuals, and administrative procedures for registering natural areas with the department;
(3) consider the concerns and comments of the board and the public in preparing and implementing the administrative plan described in subsection (2);
(4) make recommendations to the board for designation of natural areas on state lands and for acquisition of interests in other lands for the preservation of natural areas;
(5) provide that designated natural areas on state lands are available for multiple uses, including but not limited to grazing, recreation, and snowmobiling, if such uses are consistent with the state's obligations under The Enabling Act and do not interfere with the management or integrity of the natural area; and
(6) provide that the management of natural areas on state lands includes provisions for weed control consistent with 7-22-2151. The department assumes any levy under 7-22-2142 in natural areas; the lessee is not responsible for fire suppression costs in natural areas, and the lessee is not responsible for keeping natural areas free of garbage and debris.
History: En. Sec. 3, Ch. 460, L. 1987.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 12. Wild and Scenic Resources › Part 1. Natural Areas › 76-12-123. Natural areas account

76-12-123. Natural areas account.
(1) There is a natural areas special revenue account within the state special revenue fund established in 17-2-102.
(2) The natural areas account may receive funds from any source as gifts.
(3) The department may spend funds accepted as gifts in accordance with the purposes of this part, including administration of a natural areas program.
History: En. Sec. 9, Ch. 460, L. 1987; amd. Sec. 10, Ch. 628, L. 1989; amd. Sec. 56, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-101. Purpose

76-13-101. Purpose.
(1) (a) It is the purpose of part 2 and this part to provide for:
(i) the protection and conservation of natural resources, range, and water; and
(ii) the prevention of soil erosion.
(b) It is further the purpose of part 2 and this part to more adequately promote and facilitate the cooperation, financial and otherwise, between the state and public and private agencies that are associated in the work.
(2) To achieve the conservation of natural and watershed resources, the legislature encourages the use of best management practices in timber sale planning, associated road construction and reconstruction, timber harvesting, site preparation, and related activities and establishes a process to ensure that information on best management practices is provided to owners and operators engaged in forest practices on private land.
History: En. 28-101.1 by Sec. 1, Ch. 253, L. 1974; R.C.M. 1947, 28-101.1; amd. Sec. 1, Ch. 423, L. 1989; amd. Sec. 3, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-103. Applicability

76-13-103. Applicability.
Part 2 and this part apply to all state and private lands within this state that are susceptible to wildfire, as determined by the department.
History: En. Sec. 4, Ch. 128, L. 1939; amd. Sec. 3, Ch. 141, L. 1941; amd. Sec. 1, Ch. 94, L. 1959; amd. Sec. 3, Ch. 253, L. 1974; R.C.M. 1947, 28-104(2); amd. Sec. 3, Ch. 27, L. 1997; amd. Sec. 5, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-105. Protection of lands and improvements from fire

76-13-105. Protection of lands and improvements from fire.
(1) Nonforest lands and improvements may be protected by the department when requested by the landowner at rates determined by the department in those areas where a recognized agency is available.
(2) Land classified as forest land under 76-13-107 that is within a wildland fire protection district, as provided in 76-13-204, or that is otherwise under contract for fire protection by a recognized agency must be protected as provided in 76-13-201 and 76-13-207.
(3) Private and public land, whether classified as forest land or otherwise, that is not within a wildland fire protection district or under the protection of a recognized agency or a municipality must be protected by a county as provided in 7-33-2202. The county governing body shall either provide direct protection, as provided in 7-33-2202(4), or it shall enter into an agreement for protection with a recognized agency.
History: En. Sec. 6, Ch. 128, L. 1939; amd. Sec. 5, Ch. 253, L. 1974; amd. Sec. 3, Ch. 397, L. 1977; R.C.M. 1947, 28-106(5); amd. Sec. 8, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-106. Repealed

76-13-106. Repealed.
Sec. 30, Ch. 336, L. 2007.
History: En. Sec. 22, Ch. 128, L. 1939; amd. Sec. 15, Ch. 253, L. 1974; amd. Sec. 10, Ch. 397, L. 1977; R.C.M. 1947, 28-122; amd. Sec. 5, Ch. 529, L. 1981.