reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.4003 - Electric Transmission Lines, Centerline Evaluation in an Approved Route, Information Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1703
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.4004 - Pipelines, Centerline Evaluation in an Approved Route, Information Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1704
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.4005 - Linear Associated Facilities, Centerline Evaluation in An Approved Corridor, Information Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1705
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.5001 - Notification of Proposed Change or Addition to a Facility or Associated Facility for Which a Certificate has been Granted

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1801
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.5003 - Certificate Amendment Pursuant to Change in Department of Environmental Quality or Board of Environmental Review Permit

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1803
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.8 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.8.117 - Environmental Feasibility and Compliance with Statutes and Rules

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.84.116
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.8 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.8.129 - Criteria for Solicited Proposals The rules that were transferred were renumbered as follows: OLD NEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.9 - FORESTRY › Subchapter 36.9.1 - Rules Concerning Forestry Lands › Rule 36.9.101 - FIRE MANAGEMENT AND FOREST MANAGEMENT BUREAUS

Current through Register Vol. 13, July 5, 2024
(1)
				All rules of the forestry DIVISION are administered by the fire management and
				forest management bureaus.
Sec.
					 2-4-201, MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.101 - CLASSIFICATION OF FOREST LANDS

Current through Register Vol. 13, July 5, 2024
(1) Forest
				lands for fire protection purposes is defined as any land which has in the
				judgement of the department a fire menace to life or property, provided that
				grassland and agricultural areas are included when such areas are intermingled
				with or contiguous to areas of forest land. The attached map indicates forest
				land areas in Montana for forest fire protection by the department.
(2) Class I Land shall include all forest
				lands primarily suitable for production of timber and forest land primarily
				suitable for joint use for timber production and the grazing of livestock as a
				permanent or semi-permanent joint use or as a temporary joint use during the
				interim between logging and reforestation.
(a) Detailed definition. Class I Forest Lands
				include:
(i) lands which are at least 10%
				stocked by trees of any size and capable of producing timber or other wood
				products;
(ii) land from which the
				trees described in (i) have been removed to less than 10% stocking but which
				have not been developed for other use;
(iii) land not necessarily producing timber
				or other wood products, but 10% stocked with conifer trees and generally
				surrounded by land described in (i) and (ii) above. This land is not primarily
				suitable for grazing or other agricultural purposes;
(iv) areas producing good individual trees
				strewn with boulders or cliffs restricting harvest of products, but the trees
				are in themselves commercial; or
(v) cottonwood and other hardwood cover types
				only when adjacent to land described in (i), (ii), or (iii) above.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.102 - FIREFIGHTING EQUIPMENT REQUIRED (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.103 - VEHICLE EXHAUST AND SPARK ARRESTOR REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-125,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.104 - PATROLLING AND FIRE CREWS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.105 - FIRE CACHE (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.106 - FOREST ACTIVITY RESTRICTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101, and
					 76-13-121,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.107 - FOREST CLOSURE-PERMITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.108 - DEBRIS DISPOSAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-121 and
					 76-13-126,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.109 - FIREFIGHTING EQUIPMENT REQUIRED (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.110 - VEHICLE EXHAUST AND SPARK ARRESTER REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-125,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.111 - FIRE TOOL (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.112 - CORRECTION OF HAZARDS AND PATROLLING (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.113 - FIRE CREW (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.114 - SMOKING AND LUNCH FIRES (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-121,
					 76-13-123, and
					 76-13-124,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.116 - NOTICE AND PUBLICITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-110,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.117 - REVIEW OF REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-110,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.118 - POWERLINE INSPECTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-101 and
					 76-13-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.119 - FOREST ACTIVITY RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) In areas
				designated by public proclamation by the administrator, DIVISION of forestry,
				as areas of high fire hazard, the administrator may request all persons, firms,
				or corporations present or engaged in any activity in the areas to voluntarily
				cease operations or to adjust working hours to less critical periods of the
				day. In the event such a request is refused, the administrator may issue a
				written order directing compliance.
76-13-109, MCA; IMP,
					 76-13-101 and
					 76-13-121,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.120 - FOREST CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) During periods
				of dangerous fire conditions, no person may enter or be upon those forest lands
				designated by public proclamation by the governor of the state of Montana as
				areas of dangerous fire hazard except under written permit issued by a
				recognized agency.
(2) Permits to
				enter upon such areas during the closure may be issued by the recognized agency
				upon a showing of real need by the applicant. Permits may be issued to those
				persons having actual residence as a permanent or principal place of abode in
				the forest lands designated or to persons engaged in non-fire hazardous
				employment.
(3) However, no permit
				may be required of persons engaged in either firefighting, fire prevention, or
				law enforcement who are engaged in official business.
76-13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.121 - REQUESTS FOR REVIEW

Current through Register Vol. 13, July 5, 2024
(1) If any operator
				believes that in his case any requirement of a recognized agency is excessive,
				the operator may request the administrator, DIVISION of forestry, to review the
				requirements. If in the opinion of the administrator any or all are not
				necessary in the interest of public safety, he may make such changes as he
				considers advisable.
76-13-109, MCA; IMP,
					 76-13-110,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.122 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The forest fire rules, ARM
				36.10.123 through
				36.10.132 are in effect each year
				on classified forest lands during the forest fire season May 1st to September
				30th inclusive, or any legal extension thereof. Requirements pertaining to
				motor vehicles do not apply to those being operated solely on roads that are a
				part of federal or state maintained highway systems or on any paved public
				road.
76-13-109, MCA; IMP,
					 76-13-109 and
					 76-13-125,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.123 - DEBRIS BURNING

Current through Register Vol. 13, July 5, 2024
(1) The person
				conducting the burn shall obtain written authorization from the recognized fire
				protection agency before igniting any open fire during the legal forest fire
				season. The fire protection authority may deny, restrict, or rescind any
				authorization by notifying the person conducting the burn.
(2) All burning must comply with the
				department of environmental quality or state/county/local open burning
				regulations.
(3) Written
				authorization is not required for campfires.
76-13-109, MCA; IMP,
					 76-13-121,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.124 - CAMPFIRES

Current through Register Vol. 13, July 5, 2024
(1) Campfires cannot be left unattended and
				must be completely extinguished.
(2) All campfires must be constructed in
				cleared or bare areas, and not allowed to spread beyond the established ring,
				pit, grate, or container.
(3)
				Anyone igniting a campfire is required to have fire tools listed in ARM
				36.10.130(4).
76-13-109, MCA; IMP,
					 76-13-123,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.125 - RAILROADS AND POWERLINES

Current through Register Vol. 13, July 5, 2024
(1) Railroad and
				powerline companies are required to prepare and annually update working
				agreements with recognized fire protection agencies. These agreements must
				address safety and fire response procedures; and identify, remove, prevent,
				modify, abate, or correct forest fire hazards and risks associated with
				railroad and powerline company operations.
76-13-109, MCA; IMP,
					 76-13-101 and
					 76-13-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.126 - EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) All internal combustion engines must be
				equipped with an approved and effective spark-arresting system, as established
				in the national wildfire coordinating group's Spark Arrester Guides.
				Spark-arresting devices must be marked, properly installed, and maintained in
				accordance with the Guides. The following vehicles are exempt:
(a) automobiles and light trucks of less than
				23,000 GVW when all exhaust gases pass through a properly installed and
				maintained exhaust system, baffle-type muffler, and tailpipe. Vehicles with
				glass-pack mufflers do not qualify for the exemption;
(b) heavy-duty trucks of 23,000 GVW or
				greater, with a muffler and vertical stack exhaust system extending above the
				cab; and
(c) vehicles with other
				spark-arresting systems providing equal or increased effectiveness. Such
				vehicles must be inspected and have written authorization from the recognized
				fire protection agency.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.127 - FLAMING AND GLOWING SUBSTANCES

Current through Register Vol. 13, July 5, 2024
(1) All
				flaming and glowing substances, including but not limited to, lighted
				cigarettes, cigars, ashes, and matches, must be extinguished before being
				discarded.
(2) Smoking is allowed
				only at areas free of flammable or combustible material. Examples of these
				areas include a graveled road or an enclosed vehicle.
76-13-109, MCA; IMP,
					 76-13-121,
					 76-13-123, and
					 76-13-124,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.128 - FIREWORKS

Current through Register Vol. 13, July 5, 2024
(1) Use of fireworks is prohibited on all
				classified forest lands unless written authorization is obtained from the
				recognized fire protection agency. Authorization will only be considered
				between June 24 and July 5, inclusive, to coincide with the legal dates for the
				sale of fireworks in Montana.
76-13-109, MCA; IMP,
					 76-13-106,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.129 - WILDLAND-URBAN INTERFACE

Current through Register Vol. 13, July 5, 2024
(1) County
				governments without standards related to development in the wildland-urban
				interface (WUI) are encouraged to establish standards by October 1,
				2010.
(2) The Guidelines for
				Development within the Wildland Urban Interface (DNRC, 2009) are available for
				use to assist counties in the development of standards.
(3) Counties that do not adopt the Guidelines
				for Development within the Wildland-Urban Interface by October 1, 2010, will
				not be eligible to receive grants or funding assistance from the department for
				purposes of development in the wildland-urban interface.
76-13-104,
					 76-13-109, MCA; IMP,
					 76-13-101,
					 76-13-104,
					 76-13-106,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.130 - FIRE EXTINGUISHERS AND FIREFIGHTING TOOLS

Current through Register Vol. 13, July 5, 2024
(1) Chainsaw operators shall carry a fully
				charged and operable fire extinguisher, minimum-capacity 8-ounce liquid or
				1-pound dry chemical, with a 4BC or higher rating.
(2) Vehicles and equipment, mobile or
				stationary, with a combustion engine/motor used for commercial, ranching, or
				industrial activities must have one operable, dry-chemical fire extinguisher
				with a minimum 2-1/2 pound capacity and 4BC or higher rating.
(3) Chainsaw operators shall maintain one
				usable shovel at chainsaw-fueling sites.
(4) All persons igniting a campfire shall
				have one usable shovel and bucket. Persons igniting a barbecue need not have a
				shovel or bucket if the ashes are not removed from the container and the ashes
				or container are not placed on or near combustible material.
(5) All commercial, ranching, or industrial
				activities must have:
(a) One usable shovel or
				pulaski with each vehicle and equipment with an internal combustion
				engine/motor, mobile or stationary.
(b) One backpack pump with each vehicle and
				with any equipment, mobile or stationary, used off road, with an internal
				combustion engine/motor, that cannot be used to build fireline and is being
				operated on combustible material.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.131 - CORRECTION OF HAZARD AND UNUSUAL CIRCUMSTANCES OR EVENTS

Current through Register Vol. 13, July 5, 2024
(1) The recognized fire-protection agency may
				require identified wildland-fire hazards and/or risks be halted, prevented,
				abated, removed, disposed of, mitigated, or patrolled. This applies to public,
				private, nonprofit, commercial, and/or residential circumstances or
				events.
76- 13-109, MCA; IMP,
					 76-13-101,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.132 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, to aid in the
				  implementation of the forest fire rules and regulations and as used in these
				  rules:
(1) "Backpack pump" means a
				5-gallon minimum, standard galvanized metal, fiberglass, or rubberized backpack
				water container with attached handpump; full of water at all times.
(2) "Bucket" means a metal, plastic, canvas,
				or fiberglass container capable of holding at least one gallon of water.
				Motorcycle helmets qualify.
(3)
				"Campfire" means a fire set for cooking, warming, or ceremonial purposes which
				meets the following criteria:
(a) not more
				than three feet in diameter or height;
(b) void of overhanging branches;
(c) all combustible material is cleared at
				least one and one-half times the diameter of the fire; or
(d) a barbecue in a noncombustible container.
Click here
				  to view Image.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.133 - FIREWARDEN QUALIFICATIONS AND DUTIES

Current through Register Vol. 13, July 5, 2024
(1)
				All firewardens may perform the duties prescribed in (3) on private, state, or
				state-protected federal lands.
(2)
				To qualify as a firewarden, a person must possess knowledge of wildland fires
				and be able to prevent, detect, suppress, or investigate wildland fires, and to
				coordinate, or in any manner facilitate, the furtherance of the fire policy
				provided for in
				76-13-115, MCA.
(3) In addition to the duties prescribed in
				76-13-116, MCA, a firewarden is
				responsible for carrying out the following duties:
(a) perform as a liaison between local,
				state, and federal agencies, incident management teams, and suppression forces
				as relates to wildland fire;
(b)
				coordinate training, prevention, detection, suppression, or mitigation of
				wildland fire activities between local, state, and federally recognized
				fire-protection agencies; and
(c)
				assist in determining the origin and cause of wildland fires and in recovering
				wildland fire-suppression costs and, if necessary, assist with the criminal
				prosecution of wildland fire-related criminal offenses.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.134 - LEGAL REPRESENTATION FOR STATE FIREFIGHTERS

Current through Register Vol. 13, July 5, 2024
(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 post-conviction legal
				proceedings.
(a) In determining whether a
				firefighter's act or omission was in good faith and arose from the
				firefighter's performance of duties during a wildfire, the department will
				consider, in addition to the factors contained in ARM
				36.10.133(2) and
				(3), any other factors that the department
				determines are, on a case-by-case basis, relevant to that
				determination.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.135 - WILDLAND-URBAN INTERFACE DEVELOPMENT GUIDELINES

Current through Register Vol. 13, July 5, 2024
(1) The department adopts and incorporates by
				reference the Guidelines for Development within the Wildland-Urban Interface
				(DNRC 2009), which sets forth guidelines that counties may adopt for purposes
				of development within the wildland-urban interface. A copy of the Guidelines
				for Development Within the Wildland-Urban Interface (DNRC 2009) may be obtained
				from the Montana Department of Natural Resources and Conservation, 1625
				Eleventh Avenue, Helena, Montana 59620.
76-13-104, MCA; IMP,
					 76-13-104,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.1 - Fire Prevention on Forest Lands › Rule 36.10.161 - FORMULA TO SET LANDOWNER ASSESSMENTS FOR FIRE PROTECTION

Current through Register Vol. 13, July 5, 2024
(1) On or before August 1, 1994, the
				department shall, pursuant to
				76-13-207, MCA, set the annual
				fire assessment fee due from landowners pursuant to Title 76, chapter 13, parts
				1 and 2, MCA. The total of all statewide landowner assessments must be as equal
				as administratively possible to but 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 who is responsible for fire protection pursuant to
				76-13-108 and
				76-13-201, MCA, 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 who own
				20 acres or less of land for which the department provides protection must be
				as close as administratively possible to 50% of the total private landowner
				assessments.
(b) A person who owns
				more than 20 acres of land for which the department provides protection shall,
				in addition to the fee assessed pursuant to (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 who own more than 20 acres must be as close
				as administratively possible to 50% of the total statewide
				assessment.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.2 - Closure of Areas Because of Fire Danger › Rule 36.10.201 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) Under
				87-3-106, MCA, the governor upon
				recommendation of the department of natural RESOURCES AND CONSERVATION may
				close an area to trespass because of fire danger and that area is automatically
				closed to hunting and fishing and remains closed so long as the fire closure
				remains in effect.
(2) A board of
				county commissioners may initiate a request for a closure by submitting the
				request to the department. However, before such a request may be submitted and
				considered, the board must have taken fire prevention and suppression measures
				under rules adopted by the department. This subchapter specifies the minimum
				measures that must have been taken by the board.
87-3-106, MCA; IMP,
					 87-3-106,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.2 - Closure of Areas Because of Fire Danger › Rule 36.10.202 - MINIMUM MEASURES BY COUNTY COMMISSIONERS

Current through Register Vol. 13, July 5, 2024
(1) Before submitting a request for a
				closure, the board of county commissioners shall have taken the following
				minimum steps:
(a) initiated an active fire
				prevention program aimed at reducing preventable fires;
(b) initiated an active fire detection and
				presuppression system aimed at the rapid detection of and response to fires
				that do occur;
(c) organized local
				forces to suppress fires;
(d)
				determined that current dire situations exceed the established county
				capabilities.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.2 - Closure of Areas Because of Fire Danger › Rule 36.10.203 - DEPARTMENT ANALYSIS OF REQUEST

Current through Register Vol. 13, July 5, 2024
(1) The
				department before recommending to the governor that an area be closed because
				of fire danger will evaluate each request upon its own merits, but will not
				make such a recommendation until it has determined that:
(a) the county has met the measures specified
				in ARM 36.10.202;
(b) extreme burning conditions exist that
				exceed the normal seasonal conditions and endanger life and property and that
				these conditions are predicted to continue;
(c) the county has taken actions on fires
				that have previously occurred, but the county appears unable to cope with
				additional fires;
(d) the county
				will enforce the closure, if granted, to ensure its effectiveness.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.10 - FIRE MANAGEMENT › Subchapter 36.10.2 - Closure of Areas Because of Fire Danger › Rule 36.10.204 - DEPARTMENT ASSISTANCE

Current through Register Vol. 13, July 5, 2024
(1) Before
				requesting a closure, the board of county commissioners is encouraged to
				contact the department for its assistance in providing examples of specific
				actions that should be taken by the county in meeting the measures specified in
				ARM 36.10.202.
87-3-106, MCA; IMP,
					 87-3-106,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.1 - Cooperative Forest Management › Rule 36.11.101 - CABINSITE MAINTENANCE AND RESTRICTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-6-104, MCA ; IMP:
					 77-6-104,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.1 - Cooperative Forest Management › Rule 36.11.102 - CHRISTMAS TREE CUTTING RULES ON STATE FOREST LANDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-109, MCA; IMP,
					 76-13-104,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.1 - Cooperative Forest Management › Rule 36.11.111 - AGREEMENT NOT TO EXPORT STATE LOGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
77-5-201, MCA; IMP,
					 77-5-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.201 - PURPOSE OF FIRE HAZARD REDUCTION OR MANAGEMENT LAW AND THIS SUB-CHAPTER (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-403, MCA; IMP,
					 76-13-403,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.202 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-403, MCA; IMP,
					 76-13-403,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.203 - CONTROL OF TIMBER SLASH AND DEBRIS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-403, MCA; IMP,
					 76-13-408,
					 76-13-410, and
					 76-13-411,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.204 - REDUCTION OF SLASH AND DEBRIS ALONG RIGHT-OF-WAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-403, MCA; IMP,
					 76-13-407,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.211 - FORMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-13-403, MCA; IMP,
					 76-13-403,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.221 - PURPOSE OF CONTROL OF TIMBER SLASH AND DEBRIS LAW AND THIS SUBCHAPTER

Current through Register Vol. 13, July 5, 2024
(1) The primary objectives of
				76-13-401 through
				76-13-414, MCA, are to:
(a) provide fire hazard reduction,
				protection, or management to the extent necessary for reasonable safety of the
				residual timber stand, future stands, and the property of others;
(b) reduce the fire hazard created by forest
				practices upon private forest lands, by methods found to be economical and yet
				accomplish the objectives; and
(c)
				reduce, protect or manage fire hazards within the constraints of proper land
				management.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.222 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Wherever used in this subchapter, unless a different meaning
				  clearly appears from the context:
(1)
				"Average annual volume of uncompleted abatement" means the volume in thousand
				board feet (MBF) or equivalent, representing the acres of untreated slash and
				the acres of treated slash not yet cleared by inspection or affidavit based
				upon a prior three-year rolling average, the first of which ends January 1,
				2000.
(2) "Fire break" means the
				removal of all vegetative material to bare mineral soil.
(3) "Fuel break" means the removal of all
				down or dead woody material with a diameter of three inches or less.
(4) "General standard" means the level to
				which slash must be reduced such that a fire starting under conditions similar
				to a standard day, as defined by the department's HRA Manual, would burn with a
				flame length of four feet or less, as calculated by the fire science BEHAVE
				model, or other fire behavior model selected by the department.
(5) "MHRA" means a master fire hazard
				reduction agreement.
(6) "Slash"
				means the woody debris that is dropped to the forest floor during forest
				practices and consists of stems, branches, and twigs.
(7) "Special management area" or "SMA" means
				a situation in which the general hazard reduction standard is not
				required.
76-13-403, MCA; IMP,
					 76-13-403,
					 76-13-407 and
					 76-13-408,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.223 - CONTROL OF SLASH AND DEBRIS

Current through Register Vol. 13, July 5, 2024
(1) Slash,
				including slash generated by right-of-way clearing, road construction and
				maintenance, must be reduced to meet the general standard for 90% of the total
				area within each cutting unit. No single area greater than two acres or 10% of
				the cutting unit area, whichever is less, may exceed the general
				standard.
(2) The cutting unit must
				meet the general standard within 100 feet of:
(a) the perimeter of a cutting
				unit;
(b) all roads with legal
				public access that pass though or are adjacent to the cutting unit;
				and
(c) active railroad
				right-of-ways.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.224 - RESIDENTIAL STRUCTURES AND PUBLIC CAMPGROUNDS SMA

Current through Register Vol. 13, July 5, 2024
(1) For this SMA:
(a) 90% of slash within 100 feet of any
				residence, and for 100 feet inside any portion of a cutting unit boundary that
				lies within 1000 feet of a residential structure or public campground must be
				treated by piling, chipping, burying or removing.
(b) Slash treatment must be completed within
				60 days of its generation when the slash is generated during the legal fire
				season or by May 1 for slash created during the previous 6 months.
(c) If piling is the chosen slash treatment,
				then slash piles must be burned within 18 months of their generation.
(d) The department may approve other
				appropriate slash treatment measures that would maintain public and firefighter
				safety.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.225 - HIGH VALUE COMMUNICATIONS STRUCTURES AND POWERLINES SMA

Current through Register Vol. 13, July 5, 2024
(1) For this SMA, all slash within 100 feet
				of powerlines and high value communications structures such as microwave
				stations, radio relay stations, and television translators must meet a 2.8 foot
				flame length standard.
76-13-403, MCA; IMP,
					 76-13-403,
					 76-13-406,
					 76-13-407,
					 76-13-408 and
					 76-13-410,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.226 - PRECOMMERCIAL THINNING UNITS SMA

Current through Register Vol. 13, July 5, 2024
(1) For
				this SMA:
(a) Slash on the perimeter of, or
				adjacent to, a precommercial thinning unit must meet the general
				standard.
(b) If the boundary of
				the unit coincides with a change in land ownership, it must have either:
(i) a 12-foot fire break;
(ii) a 33-foot fuel break; or
(iii) the slash must be lopped to a height of
				18 inches for 66 feet inside the unit boundary.
(c) The department may approve other methods
				when such methods would maintain public and firefighter safety.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.227 - STEEP SLOPE/PARTIAL CUT UNITS SMA

Current through Register Vol. 13, July 5, 2024
(1)
				For this SMA:
(a) A partial cut occurring on
				a slope greater than 40% may be treated as an SMA when there is advanced
				regeneration or a manageable overstory that the owner wishes to save. The area
				must meet the following requirements:
(i) The
				entire SMA must be lopped such that 90% of all slash, three inches or less in
				diameter, is reduced to a height of 24 inches or less above the
				ground.
(ii) The boundaries of the
				SMA must be treated as follows:
(A) The top of
				the unit must have a 100-foot wide fuel break which may include the road prism
				from the top of the cut bank to the bottom of the fill slope.
(B) The sides of the unit must be treated so
				as to meet the general standard for a minimum width of 33 feet.
(iii) The bottom boundary of the
				unit must be treated to the same standards as required for the sides, if the
				bottom boundary of an SMA coincides with a change in land ownership.
(iv) All required boundary treatments must be
				completed entirely on the ownership of the person or entity doing the
				harvesting, unless otherwise approved by the department.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.228 - HELICOPTER LOGGING SMA

Current through Register Vol. 13, July 5, 2024
(1) For this SMA:
(a) The entire SMA must be lopped such that
				90% of all slash three inches or less in diameter is reduced to a height of 24
				inches or less above the ground.
(b) Slash piles at the landing area must be
				treated in compliance with ARM
				36.11.223 or this rule, whichever
				is applicable.
(c) The department
				may approve other methods when such methods would maintain public and
				firefighter safety.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.229 - WET AREAS AND AREAS WITH HIGHLY ERODIBLE SOILS SMA

Current through Register Vol. 13, July 5, 2024
(1) For this SMA:
(a) The landowner may treat any portion of a
				harvest unit as an SMA where best management practices recommend against
				equipment operation.
(b) The entire
				SMA must be lopped such that 90% of all slash three inches or less in diameter
				is reduced to a height of 24 inches or less above the ground.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.230 - SLASH RETENTION SITES SMA

Current through Register Vol. 13, July 5, 2024
(1) For this SMA:
(a) Sufficient slash may be retained for the
				purposes of soil nutrient recycling, wildlife habitat and control of surface
				water runoff.
(b) This may include
				slash broadcast over the timber harvest unit and skid trails; concentrated
				slash in the form of slash filter windrows and other appropriate surface water
				runoff controls as defined by the Montana best management practices; and
				designated piles for wildlife habitat. Any such designated wildlife pile shall
				not be placed within 100 feet of a residence, property line, road with legal
				public access or active railroad right-of-way.
(c) The slash inspector shall recognize such
				beneficial and legitimate uses of slash and shall discount such slash from the
				general standard during the hazard assessment inspection.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.231 - RIGHT TO INSPECT

Current through Register Vol. 13, July 5, 2024
(1) The department
				may inspect slash treatments on any private land in this state to assess
				compliance with the provisions of
				76-13-401 through
				76-13-414, MCA, and these
				rules.
76-13-403, MCA; IMP,
					 76-13-403,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.2 - Control of Timber Slash and Debris › Rule 36.11.232 - MASTER FIRE HAZARD REDUCTION AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				To qualify for a MHRA, a person must be engaged in continuous cutting
				operations of sufficient size and number that would require a bond of no less
				than $12,000.
(2) The person
				applying for the MHRA must post an initial cash or surety bond sufficient to
				cover the estimated annual volume of the person's uncompleted abatement or
				$12,000, whichever is greater.
(3)
				After the initial MHRA year, the bond will be adjusted according to
				76-13-408(2),
				MCA, and the average annual volume of uncompleted abatement. However, the MHRA
				bond will, in no case, be less than $12,000.
(4) MHRA agreements approved prior to the
				implementation of this rule must maintain a bond according to
				76-13-408(2),
				MCA, but will not be required to meet the minimum $12,000 bond specified in
				(3), if the average annual volume of uncompleted abatement would not require
				that level of bond.
76-13-403, MCA; IMP,
					 76-13-403 and
					 76-13-408,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.301 - APPLICABILITY - DEFINITIONS - EFFECTIVE DATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
77-5-307, MCA; IMP,
					 77-5-307,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.302 - WIDTH OF STREAMSIDE MANAGEMENT ZONE - MARKING BOUNDARY

Current through Register Vol. 13, July 5, 2024
(1) The slope of the SMZ is measured
				perpendicular to the stream or lake from the ordinary high water mark to a
				point 50 feet slope distance from the ordinary high water mark.
(2) The SMZ width is 50 feet slope distance
				on each side of streams, lakes, and other bodies of water measured from the
				ordinary high water mark, in all cases except:
(a) where wetlands exist adjacent to the
				stream, lake, or other body of water, the SMZ extends to include the
				wetlands;
(b) on class 1 and 2
				stream segments and lakes where the slope of the SMZ is greater than 35%, the
				SMZ width is 100 feet, except:
(i) where an
				established road exists between 50 and 100 feet from the ordinary high water
				mark, the SMZ boundary is located at the top of the road fill; or
(ii) where the slope of the SMZ decreases to
				15% or less to form a bench that is 50 to 100 feet from the ordinary high water
				mark and at least 30 feet wide, the SMZ boundary is located at the edge of the
				bench nearest the stream.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.303 - BROADCAST BURNING

Current through Register Vol. 13, July 5, 2024
(1) Broadcast
				burning in the SMZ is prohibited unless approved by the department under a
				site-specific alternative practice.
77-5-307, MCA; IMP,
					 77-5-303,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.304 - EQUIPMENT OPERATION IN THE SMZ

Current through Register Vol. 13, July 5, 2024
(1)
				Operation of wheeled or tracked equipment in the SMZ except on established
				roads is prohibited except as provided in this rule.
(2) In order to permit timber harvest on
				wetlands under conditions that protect the integrity of the SMZ, an operator
				may, as an alternative practice without site-specific approval, operate wheeled
				or tracked equipment from the outside edge of an SMZ to within 50 feet of the
				ordinary high water mark wherever:
(a) the
				SMZ extends beyond 50 feet from the ordinary high water mark to include
				adjacent wetlands;
(b) there exist
				winter conditions with adequate snow or frozen ground; and
(c) operation of the wheeled or tracked
				equipment:
(i) does not cause rutting or
				displacement of the soil;
(ii)
				protects and retains shrubs and submerchantable trees to the fullest extent
				possible;
(iii) does not remove
				stumps; and
(iv) otherwise
				conserves the integrity of the SMZ.