Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.9 - Real Estate Management Projects › Rule 36.25.901 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions apply,
				  except where the context clearly indicates otherwise:
(1) "Board" means the state Board of Land
				Commissioners.
(2) "Bureau" means
				the Real Estate Management Bureau of the Trust Lands Management Division of the
				Department of Natural Resources and Conservation.
(3) "Cluster development" means a subdivision
				of a tract with building lots concentrated on a portion of the tract and the
				remainder conserved for open space.
(4) "Commercial" means the operation by any
				for-profit entity of any public parking lot, restaurant, bar, hotel, motel,
				office space, retail store or sales outlet, storage space, gas station,
				convenience store, shopping center, warehouse, hospitality enterprise, or
				concentrated recreational use, multifamily residential use, or other similar
				uses.
(5) "Conservation" means a
				primary land use for open space, preservation of habitat, natural areas, parks,
				or related public purposes, secured through dedication, lease, license,
				easement, deed restriction, or other legal instrument consistent with
				77-1-203, MCA, for multiple use
				management.
(6) "Conservation
				entity" means a public entity or private organization qualified per Title 76,
				chapter 6, MCA, to acquire or designate interests and rights in real property
				to provide or preserve open space.
(7) "Department" means the Department of
				Natural Resources and Conservation.
(8) "Developed" means when a building permit,
				septic permit, or a permit to connect to a public sewer system, whichever comes
				first, has been issued for 25 percent or more of the commercial, industrial, or
				residential lots of a subdivided tract. Developed also means a permit has been
				issued for the construction of a private sewer system.
(9) "Division" means the Trust Land
				Management Division of the department.
(10) "Easement" means land use authorization
				as defined in
				77-2-101, MCA.
(11) "Entitlement" means an approval or
				permit obtained from a local government that provides a right to annex, zone,
				or subdivide a tract of land.
(12)
				"Environmental review" means a written document as defined in
				75-1-220(4),
				MCA.
(13) "Growth policy" means a
				document adopted under Title 76, chapter 1, part 6, MCA.
(14) "Industrial" means a land use that
				includes manufacturing, wholesaling, warehousing, utilities, heavy
				transportation, sanitary landfills, sewage treatment facilities, wind farms,
				feedlots, grain storage bins, irrigation facilities, reclamation projects,
				electrical substations, intermodal shipping facilities, and other
				uses.
(15) "Isolated tract or land"
				means any state land not possessing a legal right of access by the public, as
				provided in
				77-2-361(1),
				MCA.
(16) "Joint venture" means a
				partnership between the department and another entity or entities to undertake
				a development project, each contributing equity and sharing in the revenues,
				expenses, and control of the project.
(17) "Land classification" means categorizing
				land according to its principal value, as defined in
				77-1-401, MCA.
(18) "Lease" means a contract by which the
				board conveys a limited property interest in state lands for a term of years,
				for a specified rental, and for a use for which the land is
				classified.
(19) "License" means a
				contract by which the department conveys a limited property interest in state
				lands for a specific term and fee, and for a use other than that for which the
				land is classified.
(20) "MEPA"
				means The Montana Environmental Policy Act, Title 75, chapter 1, parts 1
				through 3, MCA.
(21) "Other (land)"
				means a land classification that encompasses residential, commercial,
				industrial, and conservation uses.
(22) "Public entity" means a federal agency,
				state agency, a political subdivision of the state including a county, city,
				town, municipal corporation, a school district or other special district, a
				joint agreement entity, a public authority, or any other public body of this or
				other state.
(23) "Public facility"
				means a building or area operated by a public entity.
(24) "Purchase of development rights" means
				acquiring one or more of the fee-simple interests associated with a parcel of
				land, such as the commercial or residential development rights.
(25) "Rate of return" means the ratio of
				income received from a project relative to the value of the asset or equity
				contribution, expressed as a percentage.
(26) "Real estate activities" means the
				following:
(a) land sales and land
				banking;
(b) land
				exchanges;
(c) issuance of
				easements;
(d) issuance of
				leases;
(e) issuance of land use
				licenses;
(f) marketing of state
				trust lands proposed for lease, license, or easement, sale, or
				exchange;
(g) requests for
				proposals;
(h) planning and
				design;
(i) surveying and
				platting;
(j) development of
				entitlements;
(k) extension of
				services and infrastructure;
(l)
				contracting for services;
(m)
				environmental review; and
(n) minor
				repairs, operation or maintenance of existing equipment, improvements, or
				facilities.