reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-107. Classification of forest lands

76-13-107. Classification of forest lands.
The department may classify the forest land areas of the state for which conservation and fire protection measures are reasonably required and change or modify the classification from time to time as in its judgment is proper.
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(3).
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-108. Person responsible for performance of duties

76-13-108. Person responsible for performance of duties.
(1) If the owner does not appear upon the public records as the holder of the legal title to the land or timber, the owner is nevertheless primarily responsible for the performance of the acts and duties imposed upon the owner by part 2 and this part.
(2) When the owner of the timber is not the owner of the land, the primary responsibility for the performance of the acts and duties imposed by part 2 and this part is upon the owner of the timber.
(3) When the state has title to forest lands within an organized forest protection district, it must be considered as an owner and it shall list its lands and pay the assessments to the recognized agencies responsible for lands in organized forest protection districts.
History: (1), (2)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; Sec. 28-104, R.C.M. 1947; (3)En. Sec. 8, Ch. 128, L. 1939; Sec. 28-108, R.C.M. 1947; R.C.M. 1947, 28-104(1), 28-108; amd. Sec. 2521, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-109. Repealed

76-13-109. Repealed.
Sec. 30, Ch. 336, L. 2007.
History: En. Sec. 5, Ch. 128, L. 1939; amd. Sec. 1, Ch. 90, L. 1959; amd. Sec. 1, Ch. 83, L. 1963; amd. Sec. 1, Ch. 149, L. 1967; amd. Sec. 4, Ch. 253, L. 1974; amd. Sec. 2, Ch. 397, L. 1977; R.C.M. 1947, 28-105(2); amd. Sec. 6, Ch. 529, L. 1981; amd. Sec. 4, Ch. 27, L. 1997.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-110. Owner's right to department hearing

76-13-110. Owner's right to department hearing.
(1) An owner of forest land is entitled to a hearing before the department, after a request for a hearing, on any subject pertaining to the activities of the department or any recognized agency as agent of the department affecting the owner's property. A request for a hearing before the department may not have the effect of suspending the operations of the department or any agent of the department undertaken pursuant to this chapter, but upon the hearing, the department may terminate those operations if found unreasonable.
(2) A hearing pertaining to costs charged against the forest land of an owner for protection, as provided in 76-13-201, must be requested on or before August 15 each year.
History: En. Sec. 4, Ch. 141, L. 1941; amd. Sec. 20, Ch. 253, L. 1974; amd. Sec. 11, Ch. 397, L. 1977; R.C.M. 1947, 28-129; amd. Sec. 9, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-111. Permissible expenditures

76-13-111. Permissible expenditures.
(1) The following funds may be expended as directed by the department for fire prevention, detection, and suppression and for forest range, water, and soil conservation:
(a) all moneys collected by county treasurers as assessments on forest lands for forest protection;
(b) moneys collected for the abatement of public nuisances;
(c) all fines collected, except those collected in a justice's court, for violations of this part or part 2;
(d) the state's share of the cooperative fire protection funds allocated by the federal government;
(e) any other funds provided for the purposes herein indicated.
(2) All other cooperative funds collected, appropriated, or allocated for the use of the department, including funds for the removal of slash hazards resulting from logging or other wood operations on state and private forest lands, those provided for the purpose of helping to maintain the maximum productivity of the forests of the state, those provided for purposes designed to assist the farmers of the state in the establishment of windbreaks and woodlots in localities where those forest plantings are helpful, and funds for other cooperative work, may not be expended except for the specific purposes for which they were collected, appropriated, or allocated.
History: En. Sec. 23, Ch. 128, L. 1939; amd. Sec. 217, Ch. 147, L. 1963; amd. Sec. 2, Ch. 30, L. 1971; amd. Sec. 16, Ch. 253, L. 1974; R.C.M. 1947, 28-123; amd. Sec. 47, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-112. Penalty for violation

76-13-112. Penalty for violation.
(1) Unless otherwise provided by this part or part 2, a person who violates this part or part 2 or any rule adopted pursuant to this part or part 2 is guilty of a misdemeanor and shall be punished by a fine of not more than $500 or imprisonment in a county jail for not more than 6 months or both.
(2) Actions to prosecute criminal violations of this part or part 2 or any rule adopted pursuant to this part or part 2 must be conducted by the city attorney, county attorney, or attorney general.
History: En. Sec. 27, Ch. 128, L. 1939; amd. Sec. 19, Ch. 253, L. 1974; R.C.M. 1947, 28-127; amd. Sec. 5, Ch. 27, L. 1997; amd. Sec. 2, Ch. 662, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-113. Destruction of signs

76-13-113. Destruction of signs.
Any person who shall destroy, deface, remove, injure, or disfigure any sign, placard, proclamation, order, warning, or notice issued by any federal, state, or forest protection agency under the provisions of this part or part 2 and erected or posted at any point in the state shall be guilty of a misdemeanor.
History: En. Sec. 20, Ch. 128, L. 1939; R.C.M. 1947, 28-120.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-114. Disposition of fines

76-13-114. Disposition of fines.
Fines collected in a court of the state under part 2 or this part, except those collected in a justice's court, must be transferred to the department of revenue for deposit in the state special revenue fund. When a person is convicted in any court of a violation of part 2 or this part, the court may levy and collect as costs in the case the amount necessary to compensate the county for the expenditures made in and for the prosecution of the offender. These costs when collected, except those collected in a justice's court, must be deposited by the court with the proper county treasurer for the benefit of the county.
History: En. Sec. 21, Ch. 128, L. 1939; amd. Sec. 14, Ch. 253, L. 1974; R.C.M. 1947, 28-121; amd. Sec. 34, Ch. 281, L. 1983; amd. Sec. 48, Ch. 557, L. 1987; amd. Sec. 38, Ch. 532, L. 1997; amd. Sec. 39, Ch. 257, L. 2001.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-115. State fire policy

76-13-115. State fire policy.
The legislature finds and declares that:
(1) the safety of the public and of firefighters is paramount in all wildfire suppression activities;
(2) it is a priority to minimize property and resource loss resulting from wildfire and to minimize expense to Montana taxpayers, which is generally accomplished through an aggressive and rapid initial attack effort;
(3) interagency cooperation and coordination among local, state, and federal agencies are intended and encouraged, including cooperation when restricting activity or closing areas to access becomes necessary;
(4) fire prevention, hazard reduction, and loss mitigation are fundamental components of this policy;
(5) all property in Montana has wildfire protection from a recognized fire protection entity;
(6) all private property owners and federal and state public land management agencies have a responsibility to manage resources, mitigate fire hazards, and otherwise prevent fires on their property;
(7) sound forest management activities to reduce fire risk, such as thinning, prescribed burning, and insect and disease treatments, improve the overall diversity and vigor of forested landscapes and improve the condition of related water, wildlife, recreation, and aesthetic resources;
(8) development of fire protection guidelines for the wildland-urban interface is critical to improving public safety and for reducing risk and loss; and
(9) catastrophic wildland fire in wildland-urban interface areas resulting from inadequate federal land management activities to reduce fire risk has the potential to jeopardize Montanans' inalienable right to a clean and healthful environment guaranteed in Article II, section 3, of the Montana constitution.
History: En. Sec. 1, Ch. 336, L. 2007; amd. Sec. 3, Ch. 401, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-116. Duties of firewardens -- liability

76-13-116. Duties of firewardens -- liability.
(1) In addition to the duties prescribed by rule pursuant to 76-13-104(7), a firewarden appointed by the department shall promptly report all fires to the department, take immediate and active steps toward their extinguishment, report any violation of the provisions of Title 76, chapter 13, parts 1 and 2, and assist in apprehending and convicting offenders.
(2) A firewarden is not liable for civil action for trespass committed in the discharge of the firewarden's duties, and the provisions of 45-6-203 do not apply to a firewarden acting within the course and scope of the firewarden's duties.
(3) A firewarden who has information that shows, with reasonable certainty, that a person has violated any provision of Title 76, chapter 13, parts 1 and 2, shall immediately take action against the offender by making a complaint before the appropriate authority or by providing information to the appropriate county attorney and shall obtain all possible evidence pertaining to the violation.
History: En. Sec. 7, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-119. Exemption from environmental review

76-13-119. Exemption from environmental review.
The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when granting federal, state, or private funds for authorized grant activities on private, county, or municipal lands to conserve habitat, reduce wildfire risk, or improve forest health.
History: En. Sec. 1, Ch. 169, L. 2021.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-121. Permit for burning required

76-13-121. Permit for burning required.
(1) During the wildfire season or an expansion of the wildfire season, a person may not ignite or set a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or, except as provided in subsection (2), an open fire without an official written permit to ignite or set the fire from the recognized agency for that protection area.
(2) (a) If no restrictions are in place, a permit is not needed for recreational fires measuring less than 48 inches in diameter that are surrounded by a nonflammable area or structure and for which a suitable source of extinguishing the fire is available.
(b) A recreational fire may not be ignited if special restrictions prohibiting recreational fires have been established by an authority having jurisdiction.
History: En. Sec. 14, Ch. 128, L. 1939; amd. Sec. 11, Ch. 253, L. 1974; amd. Sec. 7, Ch. 397, L. 1977; R.C.M. 1947, 28-114; amd. Sec. 10, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-122. Failure to comply with permit

76-13-122. Failure to comply with permit.
A person to whom a written permit is issued to set or ignite a fire shall comply strictly with the permit. A person who fails to comply with the permit, leaves the fire unattended, leaves the fire before it is totally extinguished, or negligently allows the fire to spread from or beyond the burning area defined by the permit is subject to the penalty provided in 50-63-102 and is subject to the provisions of 50-63-103. The department shall prescribe the form and substance of the permit.
History: En. Sec. 16, Ch. 128, L. 1939; amd. Sec. 12, Ch. 253, L. 1974; R.C.M. 1947, 28-116; amd. Sec. 11, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-123. Failure to extinguish recreational fire

76-13-123. Failure to extinguish recreational fire.
A person who fails to extinguish a recreational fire that the person has set or ignited or in which the person has been left in charge or who negligently allows the fire to spread from the area described in 76-13-121 is subject to the penalty provided in 50-63-102 and is subject to the provisions of 50-63-103.
History: En. Sec. 15, Ch. 128, L. 1939; R.C.M. 1947, 28-115; amd. Sec. 12, Ch. 336, L. 2007; amd. Sec. 109, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-124. Throwing lighted materials

76-13-124. Throwing lighted materials.
A person who throws or places any lighted material or flaming or glowing substance that may start a fire is subject to the penalty provided in 50-63-102 and is subject to the provisions of 50-63-103.
History: En. Sec. 17, Ch. 128, L. 1939; amd. Sec. 8, Ch. 397, L. 1977; R.C.M. 1947, 28-117; amd. Sec. 13, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-125. Spark arresters required

76-13-125. Spark arresters required.
A person may not use, drive, or operate within any wildland an internal combustion engine that is not equipped with a modern, efficient, and adequate spark arrester to prevent the escape of sparks, coals, cinders, and other burning material from the exhaust of the engine.
History: En. Sec. 18, Ch. 128, L. 1939; amd. Sec. 9, Ch. 397, L. 1977; R.C.M. 1947, 28-118; amd. Sec. 14, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-126. Restrictions on mill waste

76-13-126. Restrictions on mill waste.
(1) Before each wildfire season, all persons, firms, or corporations creating or responsible for mill waste within forest areas shall treat, dispose of, remove, or reduce the hazards created so that the accumulation of the waste does not constitute a fire hazard.
(2) A sawmill located within or contiguous to forest lands may not accumulate in one pile sawdust in excess of an amount resulting from the sawing of 500,000 feet log scale of sawlogs. However, a larger sawdust pile may be accumulated when there is no reasonable danger of fire from the sawdust pile and a permit for the additional accumulation is granted by the department. If burning is the disposal method elected, each sawdust pile must be prepared for burning by cribbing the base of each pile with slabs and must be burned in accordance with rules adopted by the department.
History: En. Sec. 19, Ch. 128, L. 1939; amd. Sec. 1, Ch. 222, L. 1955; amd. Sec. 1, Ch. 195, L. 1969; amd. Sec. 13, Ch. 253, L. 1974; R.C.M. 1947, 28-119; amd. Sec. 15, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-136. Cooperative agreements with owners and lessees of land for fire protection and conservation

76-13-136. Cooperative agreements with owners and lessees of land for fire protection and conservation.
(1) For the purpose of more adequately promoting and facilitating cooperation, financial and otherwise, between the state and all of the public and private agencies, the department of natural resources and conservation may cooperate with owners or lessees of farm, range, forest, watershed, or other uncultivated lands in private and public ownership for the protection from fire of the cultivated agricultural crops or natural resources existing or growing on the land and also in the conservation and perpetuation of the lands and resources, including the prevention of soil erosion and the regulation of stream flow.
(2) The state treasurer may receive money that may be appropriated or allotted for the purposes listed in subsection (1) by the state, counties, municipalities, the United States government or any department of the federal government, or other organization or individual.
History: (1)En. Sec. 9, Ch. 179, L. 1925; re-en. Sec. 1830.9, R.C.M. 1935; amd. Sec. 1, Ch. 193, L. 1947; amd. Sec. 101, Ch. 253, L. 1974; Sec. 81-1409, R.C.M. 1947; (2)En. Sec. 10, Ch. 179, L. 1925; re-en. Sec. 1830.10, R.C.M. 1935; amd; Sec. 216, Ch. 147, L. 1963; Sec. 81-1410, R.C.M. 1947; R.C.M. 1947, 81-1409, 81-1410; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 260, Ch. 418, L. 1995; Sec. 76-11-102, MCA 2005; redes. 76-13-136 by Sec. 32(2), Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-140. Legal representation for state firefighters

76-13-140. Legal representation for state firefighters.
(1) The department shall pay reasonable attorney fees and costs for outside legal counsel to defend a firefighter employed by the department against a criminal prosecution for a good faith act or omission by the firefighter arising from the firefighter's performance of duties during a wildfire. The department may determine whether the firefighter's act or omission was in good faith and arising from the performance of the firefighter's duties during a wildfire. The requirement to pay attorney fees and costs does not apply to any postconviction legal proceedings.
(2) The department shall adopt rules to implement this section.
History: En. Sec. 2, Ch. 464, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-145. Designation of wildland-urban interface parcels

76-13-145. Designation of wildland-urban interface parcels.
(1) Subject to the provisions of this section, the department shall identify the parcels of property in the state that are considered to be wildland-urban interface parcels, delineate those parcels on maps, and ensure that the maps and information on the maps are available to the public, local governing bodies, and governmental fire agencies organized under Title 7, chapter 33.
(2) (a) Except as provided in subsection (2)(b), the department shall identify a county's wildland-urban interface parcels based on the wildland-urban interface designation developed as part of the county's completion of a community wildfire protection plan under 16 U.S.C. 6501, et seq., the Healthy Forests Restoration Act of 2003.
(b) If a community wildfire protection plan has not been adopted, the department shall:
(i) provide notice to the county governing body that the department intends to designate the wildland-urban interface within the county's jurisdictional boundary;
(ii) allow up to 18 months for the county to complete and adopt a community wildfire protection plan if a county had begun the process of developing a plan prior to receiving the notice from the department under subsection (2)(b)(i);
(iii) review and consider the analysis of the potential for fire and wildland fire in the county's growth policy, as required in 76-1-601(3)(j) if a growth policy has been adopted;
(iv) consult with the county governing body and governmental fire agencies organized under Title 7, chapter 33, regarding appropriate parcels to designate as wildland-urban interface parcels; and
(v) clearly identify and make available to the county governing body and governmental fire agencies the criteria the department intends to use in designating parcels.
(3) Location of a property within the wildland-urban interface designated under this section may not be the sole reason for assessing additional fire protection fees, impact fees, or other fees against the property.
(4) The department shall review each county's wildland-urban interface designation every 5 years, make changes as necessary, and maintain accurate maps and other identifying information.
History: En. Sec. 1, Ch. 397, L. 2009; amd. Sec. 1, Ch. 24, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-150. Fire suppression account -- fund transfer

76-13-150. Fire suppression account -- fund transfer.
(1) There is a fire suppression account in the state special revenue fund to the credit of the department.
(2) The legislature may transfer money from other funds to the account, and the money in the account is subject to legislative fund transfers.
(3) Funds received for restitution by private parties must be deposited in the account.
(4) Money in the account may be used only for:
(a) fire suppression costs;
(b) fuel reduction and mitigation;
(c) forest restoration;
(d) grants for the purchase of fire suppression equipment for county cooperatives;
(e) forest management projects on federal land;
(f) support for collaborative groups that include at least one representative of an affected county commission that is engaged with a federal forest project and for local governments engaged in litigation related to federal forest projects;
(g) road maintenance on federal lands; and
(h) fire preparedness.
(5) In an even-numbered calendar year, after the transfers made pursuant to 17-7-130, if the preliminary general fund ending balance at fiscal yearend was greater than 8.3% of all general revenue appropriations in the second year of the biennium, then the state treasurer shall transfer from the general fund to the fire suppression account funds sufficient to bring the fire suppression account fund balance to 6% of the general revenue appropriations in the second year of the biennium. The transfer may not cause the general fund ending fund balance to have a balance of less than 8.3% of all general revenue appropriations in the second year of the biennium.
(6) The provisions of subsection (5) do not apply in a fiscal year in which reductions required by 17-7-140 occur or if a transfer pursuant to subsection (5) would require reductions pursuant to 17-7-140.
(7) If the balance in the account at the end of the most recently completed odd-numbered fiscal year exceeds 3% of all general revenue appropriations in the second year of the biennium, then up to 1% of all general revenue appropriations in the second year of the biennium may be used and is statutorily appropriated from the fire suppression account for the purposes in subsections (4)(b) through (4)(g). Of that amount, no more than 5% may be used for the purposes of subsection (4)(f).
(8) For the biennium beginning July 1, 2023, up to 0.5% of all general revenue appropriations in the second year of the biennium is statutorily appropriated from the fire suppression account each year and may be used each year to the department for the item in subsection (4)(h).
(9) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department for the purposes described in subsection (4).
History: En. Sec. 1, Ch. 2, Sp. L. September 2007; amd. Sec. 2, Ch. 441, L. 2009; amd. Sec. 10, Ch. 312, L. 2011; amd. Sec. 4, Ch. 368, L. 2013; amd. Sec. 5, Ch. 115, L. 2017; amd. Secs. 29, 30, Ch. 429, L. 2017; amd. Sec. 4, Ch. 740, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-151. Good neighbor forestry accounts -- uses

76-13-151. Good neighbor forestry accounts -- uses.
(1) There are good neighbor forestry special revenue accounts administered by the department within the state special revenue fund and the federal special revenue fund established in 17-2-102.
(2) (a) All state proceeds allocated or budgeted for the purposes of the good neighbor policy established pursuant to 76-13-104 must be deposited in the state special revenue account provided for in subsection (1) of this section.
(b) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for the purposes of the good neighbor policy established pursuant to 76-13-104 must be deposited in the appropriate account provided for in subsection (1) of this section.
(c) Federal funds received by the state through good neighbor agreements with the federal government must be deposited in the federal special revenue account provided for in subsection (1) to be used for the purposes of the good neighbor policy established pursuant to 76-13-104.
(3) Funds in the accounts are statutorily appropriated, as provided in 17-7-502, to the department only to carry out the provisions of the good neighbor policy established pursuant to 76-13-104.
History: En. Sec. 1, Ch. 437, L. 2017; amd. Sec. 2, Ch. 376, L. 2019.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 1. Protection of Forest Resources › 76-13-154. Federal forest management projects -- attorney general authority to intervene

76-13-154. Federal forest management projects -- attorney general authority to intervene.
(1) The attorney general has the authority to intervene in litigation or appeals on federal forest management projects.
(2) The authority provided in subsection (1) includes the authority to:
(a) fulfill the purposes of Title 76, chapter 13, to intervene in litigation or appeals on federal forest management projects that could affect watershed protection or restoration; and
(b) intervene in litigation involving projects that lie within a landscape-scale insect and disease area designated by the U.S. department of agriculture pursuant to the Healthy Forests Restoration Act of 2003 and the Agricultural Act of 2014.
History: En. Sec. 5, Ch. 401, L. 2013; amd. Sec. 1, Ch. 278, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-201. Costs for protection from fire

76-13-201. Costs for protection from fire.
(1) An owner of land classified as forest land that is within a wildland fire protection district or that is otherwise under contract for fire protection by a recognized agency is subject to the fees for fire protection provided in this section.
(2) The department shall provide fire protection to the land described in subsection (1) at a cost to the landowner of not more than $50 for each landowner in the protection district and of not more than an additional 30 cents per acre per year for each acre in excess of 20 acres owned by each landowner in each protection district, as necessary to yield the amount of money provided for in 76-13-207. Assessment, payment, and collection of the fire protection costs must be in accordance with 76-13-207.
(3) Other charges may not be assessed to a participating landowner except in cases of proved negligence on the part of the landowner or the landowner's agent or in the event of a violation of 50-63-103.
History: En. Sec. 9, Ch. 128, L. 1939; amd. Sec. 2, Ch. 141, L. 1941; amd. Sec. 1, Ch. 188, L. 1955; amd. Sec. 1, Ch. 91, L. 1959; amd. Sec. 1, Ch. 148, L. 1967; amd. Sec. 1, Ch. 252, L. 1974; amd. Sec. 6, Ch. 253, L. 1974; amd. Sec. 4, Ch. 397, L. 1977; R.C.M. 1947, 28-109; amd. Sec. 1, Ch. 643, L. 1985; amd. Sec. 1, Ch. 360, L. 1991; amd. Sec. 6, Ch. 27, L. 1997; amd. Sec. 195, Ch. 574, L. 2001; amd. Sec. 17, Ch. 336, L. 2007; amd. Sec. 1, Ch. 334, L. 2015.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-202. Means by which department may provide protection

76-13-202. Means by which department may provide protection.
The department may provide for wildfire protection of any wildlands through the department or by contract or any other feasible means, in cooperation with any federal, state, or other recognized agency.
History: En. Sec. 6, Ch. 128, L. 1939; amd. Sec. 5, Ch. 253, L. 1974; amd. Sec. 3, Ch. 397, L. 1977; R.C.M. 1947, 28-106(2); amd. Sec. 18, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-203. Extension of wildfire season

76-13-203. Extension of wildfire season.
In the event of excessive or great fire danger, the wildfire season defined in 76-13-102 may be expanded when in the judgment of the department dangerous fire conditions exist. When expanded, the department shall give public notice.
History: En. Sec. 3, Ch. 128, L. 1939; amd. Sec. 1, Ch. 216, L. 1955; amd. Sec. 1, Ch. 93, L. 1959; amd. Sec. 1, Ch. 30, L. 1971; amd. Sec. 2, Ch. 253, L. 1974; amd. Sec. 1, Ch. 397, L. 1977; R.C.M. 1947, 28-103(part); amd. Sec. 19, Ch. 336, L. 2007; amd. Sec. 3, Ch. 662, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-204. Creation, annexation of land into, and dissolution of wildland fire protection districts

76-13-204. Creation, annexation of land into, and dissolution of wildland fire protection districts.
(1) In accordance with the provisions of subsections (2) and (3), the department may create, annex land to, or dissolve wildland fire protection districts.
(2) Before a district is created, land is annexed into a district, or a district is dissolved, the department shall hold a hearing in any county in which land affected by the proposed change is located.
(a) The department shall give notice at least 20 days in advance of the hearing to all property owners to be affected by the proposed change. Service of the notice must be made by certified mail to each affected property owner and by publication of the notice in a newspaper published or generally circulated in the county in which the hearing is to be held.
(b) The department shall consider the arguments made for and against the proposed change in making a determination under this section.
(3) (a) A wildland fire protection district may not be created or dissolved unless approved in writing by a vote of not less than 51% of the owners representing at least 51% of the acreage to be involved in the affected wildland fire protection district.
(b) Land may not be annexed into a district unless approved by 51% of the owners representing at least 51% of the acreage to be annexed.
(4) Land annexed into a district may not be removed from that district unless that district is dissolved.
History: En. Sec. 5, Ch. 128, L. 1939; amd. Sec. 1, Ch. 90, L. 1959; amd. Sec. 1, Ch. 83, L. 1963; amd. Sec. 1, Ch. 149, L. 1967; amd. Sec. 4, Ch. 253, L. 1974; amd. Sec. 2, Ch. 397, L. 1977; R.C.M. 1947, 28-105(1); amd. Sec. 1, Ch. 147, L. 1993; amd. Sec. 7, Ch. 27, L. 1997; amd. Sec. 20, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-205. Determination of boundaries of district

76-13-205. Determination of boundaries of district.
In establishing boundaries of organized wildland fire protection districts, the department may for the purpose of administrative convenience designate recognizable landmarks as boundaries.
History: En. Sec. 10, Ch. 128, L. 1939; amd. Sec. 1, Ch. 92, L. 1959; amd. Sec. 7, Ch. 253, L. 1974; amd. Sec. 5, Ch. 397, L. 1977; R.C.M. 1947, 28-110(2); amd. Sec. 8, Ch. 27, L. 1997; amd. Sec. 21, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-206. What constitutes compliance with duty to protect against fire

76-13-206. What constitutes compliance with duty to protect against fire.
An owner of land within an organized wildland fire protection district while a member of or while participating in a recognized agency for wildland fire protection or within areas protected by a county must be considered to have fully complied with the requirements of 76-13-212.
History: En. Sec. 10, Ch. 128, L. 1939; amd. Sec. 1, Ch. 92, L. 1959; amd. Sec. 7, Ch. 253, L. 1974; amd. Sec. 5, Ch. 397, L. 1977; R.C.M. 1947, 28-110(1); amd. Sec. 22, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-207. Determination and collection of costs of fire protection

76-13-207. Determination and collection of costs of fire protection.
(1) The department shall prepare an annual operation assessment plan in which fire protection costs are determined. The department shall request the legislature to appropriate the state's portion of the cost. After the appropriation is made by the legislature, the department shall cause an assessment to be made on the owners of land, as specified in 76-13-105 and 76-13-201, sufficient to bring the total amount received from the landowners to no greater than one-third of the amount specified in the appropriation.
(2) On or before the first Tuesday in September of each year, the department shall certify in writing to the department of revenue the names of these owners of lands in each county, together with a description of their lands and a statement of the amount found to be due and owing by each of the owners to the department for wildland fire protection.
(3) Upon receiving the certificate from the department showing the amount due, the department of revenue shall extend the amounts upon the county tax rolls covering the lands, and the sums become obligations of the owner, to be paid and collected in the same manner and at the same time and subject to the same penalties as general state and county taxes upon the same property are collected.
History: En. Sec. 11, Ch. 128, L. 1939; amd. Sec. l, Ch. 95, L. 1959; amd. Sec. 215, Ch. 147, L. 1963; amd. Sec. 8, Ch. 253, L. 1974; amd. Sec. 1, Ch. 110, L. 1977; amd. Sec. 6, Ch. 397, L. 1977; R.C.M. 1947, 28-111(part); amd. Sec. 2, Ch. 643, L. 1985; amd. Sec. 138, Ch. 27, Sp. L. November 1993; amd. Sec. 23, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-208. Nature of assessments for wildland fire protection

76-13-208. Nature of assessments for wildland fire protection.
All payments required of landowners by part 1 and this part are assessments for benefits actually received by those owners in the protection of their lands and are not a tax upon the property of the owners.
History: En. Sec. 11, Ch. 128, L. 1939; amd. Sec. l, Ch. 95, L. 1959; amd. Sec. 215, Ch. 147, L. 1963; amd. Sec. 8, Ch. 253, L. 1974; amd. Sec. 1, Ch. 110, L. 1977; amd. Sec. 6, Ch. 397, L. 1977; R.C.M. 1947, 28-111(3); amd. Sec. 24, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-209. Disposition of assessments

76-13-209. Disposition of assessments.
Money collected by the county treasurer pursuant to 76-13-207 must be remitted to the state for deposit in the state special revenue fund.
History: En. Sec. 11, Ch. 128, L. 1939; amd. Sec. l, Ch. 95, L. 1959; amd. Sec. 215, Ch. 147, L. 1963; amd. Sec. 8, Ch. 253, L. 1974; amd. Sec. 1, Ch. 110, L. 1977; amd. Sec. 6, Ch. 397, L. 1977; R.C.M. 1947, 28-111(part); amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 8, Ch. 700, L. 1989; amd. Sec. 25, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-210. Payment under protest

76-13-210. Payment under protest.
An owner who is required to pay to the county treasurer any sum for wildland fire protection as required by part 1 or this part and who contends that the owner is not legally obligated to pay the sum or a part of the sum shall pay it to the county treasurer under written protest, stating the reasons for the protest. The payment under protest and all proceedings subsequent to the payment must conform with the law of this state providing for the payment of taxes under protest and action to recover the payment. In the hearing and determination of any action to recover the payment under protest, all questions of the legality and reasonableness of the proceedings of the department may be reviewed and decided.
History: En. Sec. 12, Ch. 128, L. 1939; amd. Sec. 9, Ch. 253, L. 1974; R.C.M. 1947, 28-112; amd. Sec. 26, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-211. Amount due for protection treated as lien

76-13-211. Amount due for protection treated as lien.
(1) Whenever the department provides wildland fire protection for any wildland or timber not protected by the owner of the wildland or timber as required by part 1 or this part, the amount due for the protection is a lien upon the wildland or timber that continues until the amount due is paid.
(2) The lien has the same force, effect, and priority as general tax liens under the laws of the state and is subject and inferior only to tax liens on the wildland or timber. The county attorney of the county in which the wildland or timber is situated shall on request of the department foreclose the lien in the name of the state and in the manner provided by law, or the county attorney upon the request of the department shall institute an action against the landowner in the name of the state in any district or justice court having jurisdiction to recover the debt. The state in the action is not required to pay any fees or costs to the clerk of the court or justice of the peace.
(3) The remedies provided by this section are cumulative and do not affect the other provisions of part 1 or this part for the payment and collection of amounts due to the department.
History: En. Sec. 13, Ch. 128, L. 1939; amd. Sec. 10, Ch. 253, L. 1974; R.C.M. 1947, 28-113; amd. Sec. 52, Ch. 587, L. 1987; amd. Sec. 27, Ch. 336, L. 2007; amd. Sec. 110, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-212. Duty of landowner to protect against fire

76-13-212. Duty of landowner to protect against fire.
(1) An owner of land shall protect against the starting or existence of fire and shall suppress the spread of fire on that land. This protection and suppression must be in conformity with reasonable rules and standards for adequate fire protection adopted by the department.
(2) (a) The provisions of 76-13-201 apply to an owner of land that is classified as forest land under 76-13-107 and that is within a wildland fire protection district.
(b) If an owner of land does not provide for protection against the starting or existence of fire and for fire suppression and the land does not meet the criteria in subsection (2)(a), the owner may request that the department provide protection as provided in 76-13-105.
History: En. Sec. 16, Ch. 336, L. 2007.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-213. Formula to set landowner assessments for fire protection

76-13-213. Formula to set landowner assessments for fire protection.
(1) The department shall, pursuant to 76-13-207, set the annual fire assessment fee due from landowners pursuant to Title 76, chapter 13, parts 1 and 2. The total of all statewide landowner assessments may be no greater than one-third of the amount appropriated by the legislature to fund the protection costs.
(2) The individual assessments must be established using the following criteria:
(a) Each person or corporation who is responsible for fire protection pursuant to 76-13-108 and 76-13-201 and for whom the department provides fire protection must be assessed a per capita landowner fee. The total per capita landowner assessments statewide from persons or corporations who own 20 acres or less of land for which the department provides protection must be as close as administratively possible to 60% of the total private landowner assessments.
(b) A person or corporation who owns more than 20 acres of land for which the department provides protection shall, in addition to the fee assessed pursuant to subsection (2)(a), pay a per-acre fee for each whole acre that the person owns in excess of 20 acres. The total of all assessments statewide from persons or corporations that own more than 20 acres must be as close as administratively possible to 40% of the total private landowner assessments.
(c) A person who owns a share of property and has full ownership of a unit on the property must be assessed an amount not less than one-half of the amount established to be assessed for the property under subsection (2)(a).
(3) (a) Except as provided in subsection (3)(b), the per capita and per-acre fees must remain in effect for subsequent years.
(b) The department shall reset the per capita and per-acre fees whenever it is necessary to obtain up to one-third of the amount appropriated by the legislature.
(c) Whenever the department resets the fees pursuant to subsection (3)(b), it shall do so in accordance with 76-13-201(2).
History: En. Sec. 29, Ch. 336, L. 2007; amd. Sec. 1, Ch. 173, L. 2009.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 2. Provision of Fire Protection Services › 76-13-214. Obstruction of aerial wildfire suppression activities -- penalty -- exceptions

76-13-214. Obstruction of aerial wildfire suppression activities -- penalty -- exceptions.
(1) A person may not obstruct, impede, prevent, or otherwise interfere with lawful aerial wildfire suppression activities by any means, including by the use of an unmanned aerial vehicle system.
(2) A person who violates subsection (1) is guilty of a misdemeanor and shall be punished by a fine of not more than $1,500.
(3) (a) Subsection (1) does not apply to the operation of an unmanned aerial vehicle system conducted by a unit or agency of the United States government or of a state, tribal, or local government, including any individual conducting an operation pursuant to a contract or other agreement entered into with the unit or agency, for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.
(b) Subsection (2) does not limit other remedies available for damages to any person or property or the recovery of wildfire suppression costs caused by a person who violates subsection (1).
History: En. Sec. 1, Ch. 274, L. 2017; amd. Sec. 4, Ch. 662, L. 2023.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 3. Control of Forest Diseases and Insect Pests › 76-13-301. Policy

76-13-301. Policy.
(1) It is the public policy of the state to:
(a) protect and preserve forest resources from destruction by forest insect pests and tree diseases;
(b) protect the forests and watersheds of Montana and restore those watersheds that are most affected by insect pests and tree diseases and are critical to water supplies;
(c) enhance the production of forests;
(d) promote the stability of forest industry; and
(e) protect the recreational values of the forest.
(2) It is further the public policy of the state to independently and through cooperation with the federal government and private forest landowners adopt measures to control, suppress, and eradicate outbreaks of forest insect pests and tree diseases.
History: En. Sec. 1, Ch. 25, L. 1953; Sec. 28-130, R.C.M. 1947; amd. and redes. 28-204 by Sec. 21, Ch. 253, L. 1974; R.C.M. 1947, 28-204; amd. Sec. 1, Ch. 403, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 3. Control of Forest Diseases and Insect Pests › 76-13-302. Definitions

76-13-302. Definitions.
In this part, the following definitions apply:
(1) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.
(2) "Forest land" means any land that has enough forest growth, standing or down, to constitute in the judgment of the department an insect or disease infestation breeding ground of a nature to constitute a menace, injurious and dangerous to the forest resources in the district or zone of infestation.
(3) "Forest landowner" means the person, firm, association, or corporation having the actual, beneficial ownership of forest land or timber, other than an easement, right-of-way, or mineral reservation.
(4) "Salvage" means the timely removal of dead and dying timber or timber that is threatened by insects, disease, fire, or windthrow when the removal of timber will help contain insect or disease outbreaks, aid in the prevention of wildfire, or provide long-range protection for such forest resources as wildlife, water, soils, or air quality.
History: En. Sec. 3, Ch. 25, L. 1953; Sec. 28-131, R.C.M. 1947; amd. and redes. 28-205 by Sec. 22, Ch. 253, L. 1974; R.C.M. 1947, 28-205; amd. Sec. 1, Ch. 529, L. 1981; amd. Sec. 1, Ch. 285, L. 1993; amd. Sec. 264, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 3. Control of Forest Diseases and Insect Pests › 76-13-303. Creation of zone of infestation

76-13-303. Creation of zone of infestation.
(1) The department shall annually produce a list of areas where:
(a) there exists an infestation of forest insect pests or forest tree diseases injurious to the timber or forest growth on forest lands within the state and where the infestation is of such a character as to be a menace to the timber or forest growth of this state; and
(b) an infestation of forest insect pests or forest tree diseases in a watershed makes the watershed at risk for wildfire, places the functionality of the watershed at risk, or creates other conditions that threaten the watershed.
(2) The department shall present the list annually to the board of land commissioners to determine if a zone of infestation exists and, if so, shall fix the boundaries to definitely describe and identify each zone.
History: En. Sec. 5, Ch. 25, L. 1953; Sec. 28-133, R.C.M. 1947; amd. and redes. 28-206 by Sec. 23, Ch. 253, L. 1974; R.C.M. 1947, 28-206(1); amd. Sec. 2, Ch. 529, L. 1981; amd. Sec. 2, Ch. 403, L. 2013.
2023 Montana Code Annotated › Title 76. Land Resources and Use › Chapter 13. Timber Resources › Part 3. Control of Forest Diseases and Insect Pests › 76-13-304. Suppression and eradication of infestation

76-13-304. Suppression and eradication of infestation.
(1) The department may enter upon the land within the zone and cause the forest insect pest infestation or forest tree disease to be suppressed, eradicated, and destroyed in the manner approved by it.
(2) In order to accomplish the suppression, eradication, and destruction of the infestation, the department may enter into cooperative agreements with the federal government or other public or private agencies and with forest landowners, using such funds as are made available for those purposes.
(3) The department may consider controlled burning or logging as methods to suppress or eradicate forest insect pest infestation or forest tree disease.
History: En. Sec. 5, Ch. 25, L. 1953; Sec. 28-133, R.C.M. 1947; amd. and redes. 28-206 by Sec. 23, Ch. 253, L. 1974; R.C.M. 1947, 28-206(2); amd. Sec. 1, Ch. 115, L. 2007.