reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.811 - THE LAND BANKING TRUST FUNDS

Current through Register Vol. 13, July 5, 2024
(1) The
				proceeds from a sale of state trust land must be deposited in the land banking
				trust fund to which the land belonged.
(2) When the board conducts a sale of state
				trust land pursuant to the land banking program, the board shall distribute the
				proceeds according to the provisions of
				77-1-109,
				77-2-337, and
				77-2-361 through
				77-2-367, MCA.
(3) Proceeds from the sale of land from
				trusts may be pooled to acquire tracts of land to add to state trust land, if
				approved by the board after consultation with the affected
				beneficiaries.
(4) When land
				banking expires, any proceeds remaining in the state trust land bank fund must
				be expended by the tenth year after the effective date of each sale.
(5) Any remaining proceeds must be deposited
				in the appropriate permanent trust fund.
(6) The department shall account separately
				for individual trust receipts.
77-1-204,
					 77-2-308,
					 77-2-362,
					 77-2-366, MCA; IMP,
					 77-2-328,
					 77-2-362,
					 77-2-366,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.812 - NOMINATION OF TRACTS FOR ACQUISITION

Current through Register Vol. 13, July 5, 2024
(1) Any
				person may nominate a tract or tracts for acquisition.
(2) Nominations must be on a form issued by
				the department and must be sent to Land Banking, Department of Natural
				Resources and Conservation, P.O. Box 201601, Helena, MT 59620-1601.
(a) The department may not accept incomplete
				nominations.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.813 - PRELIMINARY REVIEW OF TRACTS NOMINATED FOR ACQUISITION

Current through Register Vol. 13, July 5, 2024
(1) The department reserves the right to
				prioritize activities related to the acquisition of land.
(2) The department shall obtain from the
				seller and evaluate a disclosure statement that describes any known material
				defects in the property:
(a) the seller shall
				provide disclosure on a form provided by the department; and
(b) if the seller fails to provide disclosure
				within 60 days of the department's request, the tract must be considered
				unsuitable for acquisition.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.814 - PRELIMINARY BOARD APPROVAL TO PURCHASELAND, EASEMENTS, OR IMPROVEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department shall present the
				preliminary review of the nominated tract to the board.
a) If the board disapproves acquiring a
				tract, the department shall remove the tract from nomination and eliminate it
				from further review.
b) If the
				board approves the preliminary review, the department shall begin a
				due-diligence evaluation.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.815 - ANALYSIS, REVIEW, AND DUE DILIGENCE IN PREPARING TO ACQUIRE STATE TRUST LAND

Current through Register Vol. 13, July 5, 2024
(1) The department
				may not purchase a tract, easement, or improvement pursuant to
				77-2-361 through
				77-2-367, MCA, without preparing a
				financial analysis. The analysis must include:
(a) the average annual rate of return
				calculated over a 60-year accounting period for Class 2 lands;
(b) the average annual rate of return
				calculated over a 20-year accounting period for Class 1, 3, and 4
				lands;
(c) a comparison with the
				current average annual rate of return of the parcel or parcels sold, the
				proceeds of which are used to fund this transaction;
(d) a prudent determination that the lands to
				be acquired have a higher net present value for the affected trust or trusts
				than the lands sold, and a greater or equal average annual rate of return as
				may be reasonably expected over a 20-year accounting period for Class 1, 3, and
				4 lands and a 60-year accounting period for Class 2 lands, with an acceptable
				level of risk for the affected trust or trusts; and
(e) the expected classification of the tract
				under 77-1-401, MCA.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.816 - FINAL APPROVAL OF LAND ACQUISITION BY STATE LAND BOARD

Current through Register Vol. 13, July 5, 2024
(1) The department shall report to the board
				the complete findings compiled under the requirements of ARM
				36.25.815.
(2) The department shall recommend whether
				acquiring the tract is in the best interest of the affected trust
				beneficiary.
(3) When prudently
				necessary to protect the interests of the affected trust beneficiary, the board
				may reject, modify, or approve the proposed purchase of any trust
				asset.
(4) Acquisition of a tract
				may not occur without final land board approval.
77-2-362, MCA; IMP,
					 77-2-363,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.8 - Land Banking › Rule 36.25.817 - DOCUMENTS OF CONVEYANCE ON LAND ACQUISITION

Current through Register Vol. 13, July 5, 2024
(1) Title to land acquired by the state must
				be by warranty deed.
77-1-204,
					 77-2-308, and
					 77-2-362, MCA; IMP,
					 77-2-328,
					 MCA;
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 36.25.902 - ACCOUNTABLE PARTIES

Current through Register Vol. 13, July 5, 2024
(1) The board
				adopts the rules in this subchapter to provide the Trust Land Management
				Division of the Montana Department of Natural Resources and Conservation with
				consistent policy, direction, and guidance when selecting and implementing real
				estate projects on state trust lands.
77-1-209,
					 77-1-301, MCA; IMP,
					 77-1-605,
					 77-1-904,
					 MCA;
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 36.25.903 - GENERAL APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The Real Estate
				Management Plan (plan) rules, ARM
				36.25.901 through
				36.25.918, implement the
				Programmatic Environmental Impact Statement (PEIS) and the associated Record of
				Decision (ROD) adopted July 18, 2005.
(2) The rules apply to real estate projects,
				sales, and exchanges administered by the bureau on state trust lands, except
				for the following:
(a) real estate projects
				that, prior to July 18, 2005, have been subject to public scoping and
				environmental review processes under MEPA, section
				75-1-201, et seq., MCA;
(b) real estate projects that received all
				local government approvals necessary for the completion of the real estate
				project on or before December 15, 2008;
(c) lease lots created prior to July 18,
				2005;
(d) land use
				licenses;
(e) sales and exchanges
				closed on or before July 18, 2005; and
(f) real estate activities within navigable
				waterways of the state.
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 36.25.904 - GENERAL DEVELOPMENT STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will actively pursue commercial, industrial, residential, and
				conservation uses to increase revenue on trust lands, through one or more of
				the following means:
(a) targeting those
				tracts most suitable for development;
(b) improving entitlements on tracts selected
				for sale or development, when appropriate; or
(c) prioritizing projects with the highest
				financial return per acre.
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 36.25.905 - PROJECT EVALUATION, REVIEW, AND SELECTION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) ARM
				36.25.906 through
				36.25.910 describe the evaluation,
				review, and selection process for real estate projects on state trust
				lands.
(2) The department will
				require ARM
				36.25.906 through
				36.25.910 for real estate projects
				approved by the project identification team after December 25, 2008.
(3) The department will not require ARM
				36.25.906 through
				36.25.910 for an individual real
				estate activity that is associated with a previously approved real estate
				project.
77-1-209,
					 77-1-301,
					 77-1-603, MCA; IMP,
					 77-1-605,
					 77-1-903,
					 MCA;
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 36.25.906 - SITE-SPECIFIC EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				will conduct a site-specific evaluation to assess the suitability of a tract or
				portion of a tract proposed for a real estate project. The site-specific
				evaluation will include the following factors:
(a) unique or sensitive biological and
				physical features;
(b)
				topography;
(c) influence of
				floodplains and/or wetlands;
(d)
				hazardous geologic conditions;
(e)
				known cultural or historic features through a preliminary cultural
				survey;
(f) proximity to other
				public lands or private lands under conservation easement, as documented by
				information in the Montana Natural Heritage Program database or similar
				source;
(g) water availability and
				water rights;
(h) existing and
				required access;
(i) the location
				and quality of infrastructure, such as roads, utilities, power, telephone,
				public water, or sewer availability;
(j) any existing encumbrances;
(k) proximity to community infrastructure and
				utilities;
(l) other nearby
				residential, industrial, or commercial development, proposed or existing;
				and
(m) wildland fire hazards and
				available fire protection.
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 36.25.907 - SITE SELECTION REPORT

Current through Register Vol. 13, July 5, 2024
(1) Field staff
				will develop a site selection report for each real estate project proposal that
				will include these elements:
(a) how the
				proposed real estate project conforms to the standards in ARM
				36.25.904;
(b) description of the proposed real estate
				project, including proposed land use, density, existing and proposed
				entitlements, required infrastructure improvements, local regulatory approval
				required, and potential rates of return from the real estate project, if
				implemented;
(c) how the proposed
				real estate project relates to ARM
				36.25.911 and
				36.25.912;
(d) results of the site-specific
				evaluation;
(e) estimate of the
				costs and timeline for the proposed real estate project; and
(f) how the proposed real estate project
				integrates with other trust land management projects or programs.
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 36.25.908 - PROJECT IDENTIFICATION TEAM AND PROJECT REVIEW COMMITTEE

Current through Register Vol. 13, July 5, 2024
(1) The department will form a project
				identification team comprised of bureau staff and field representatives. The
				project identification team will meet annually, at minimum. The duties of the
				project identification team will include:
(a)
				reviewing and selecting real estate projects proposed by field staff;
(b) reviewing the status of previously
				selected real estate projects;
(c)
				canceling previously selected real estate projects; and
(d) assigning resources.
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 36.25.909 - PROJECT MANAGEMENT LIST

Current through Register Vol. 13, July 5, 2024
(1) The
				department will create a project management list of the real estate projects
				selected by the project identification team. The list will identify new real
				estate projects, existing or previously approved real estate projects, and
				canceled real estate projects.
(2)
				The department will create and maintain a list of persons, conservation
				entities, and other organizations interested in receiving notice of new real
				estate projects.
(3) Within 30 days
				of the project identification team's selection of new real estate projects, the
				department will:
(a) provide the project
				management list to the board;
(b)
				provide a list of new real estate projects to interested persons who have made
				a request to the department to be informed of new real estate projects;
				and
(c) post the project management
				list on the department's web site.
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 36.25.910 - NOTIFICATION OF CONSERVATION INTEREST

Current through Register Vol. 13, July 5, 2024
(1) After
				providing notice of new real estate projects pursuant to ARM
				36.25.909, the department shall
				allow conservation entities 60 days in which to propose a conservation use of
				those lands by issuing a letter of intent to the department. By such a letter
				of intent, an entity may seek to secure for conservation uses any tract or
				portion of a tract proposed by the project identification team for a
				residential, industrial, or commercial use.
(2) A conservation entity submitting a letter
				of conservation intent during the 60 days has an additional 45 days in which to
				apply to the department for a lease, license, easement, or other approved legal
				instrument to secure conservation use, as approved by the department. The 45
				days begin on the day following the last day of the 60-day period. An entity
				applying within the 45-day period has 12 months to secure conservation use. The
				department may extend the 12 month period.
(a) Issuance of a conservation lease,
				license, or easement shall be made pursuant to Article X, section 11 of the
				Montana Constitution. The department reserves the right to approve or deny a
				proposal for a conservation use.
(b) The department may require bonding,
				letter of credit, or nonrefundable deposit as part of the application for a
				conservation use.
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 36.25.911 - NEW DEVELOPMENT THRESHOLDS

Current through Register Vol. 13, July 5, 2024
(1) The statewide
				threshold is 30,000 acres. The department will conduct a review of the plan as
				specified in ARM
				36.25.914(2) if
				the aggregate acreage of real estate projects, sales, and exchanges meeting the
				criteria described in ARM
				36.25.916(2) 
				exceeds the statewide threshold, or is anticipated to exceed the statewide
				threshold during the term of the programmatic plan.
(a) Five percent of the statewide threshold,
				termed the rural threshold, is allocated for rural real estate projects, sales,
				and exchanges. The rural threshold is 1500 acres. The department will conduct a
				review of the programmatic plan as specified in ARM
				36.25.914(2) if
				the aggregate acreage of real estate projects, sales, and exchanges in rural
				areas meeting the criteria described in ARM
				36.25.916(2) 
				exceeds the rural threshold or is anticipated to exceed the rural threshold
				during the term of the programmatic plan.
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 36.25.912 - NEW DEVELOPMENT THRESHOLD EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) An
				urban tract meeting any one of the following criteria will be exempt from the
				statewide threshold in ARM
				36.25.911(1). A
				rural tract meeting any one of the following criteria will be exempt from the
				rural threshold in ARM
				36.25.911(1)(a)
				and the statewide threshold in ARM
				36.25.911(1):
(a) leases, sales, exchanges, and easements
				to a public entity, for a public facility, community service, public benefit,
				or for a private sewer or water system;
(b) acres under lease or easement for
				communications facilities, or for wind, geothermal, or solar power
				generation;
(c) acres under
				easement for public or private rights-of-way;
(d) a tract developed for commercial,
				residential, or industrial uses through lease or easement or following sale or
				exchange, whereby such uses are clustered on not more than 25 percent of a
				tract and the remainder of the tract is designated for conservation in
				perpetuity through an easement, deed restriction, or dedication upon final
				subdivision approval;
(e) a tract
				developed for residential lease or easement, or disposed of through sale or
				exchange, with restrictions limiting residential density to one residential
				unit per 25 acres;
(f) a tract sold
				or exchanged and not developed until after five years following the sale
				closing date;
(g) an isolated tract
				sold or exchanged except in Beaverhead, Broadwater, Carbon, Cascade, Flathead,
				Gallatin, Lewis and Clark, Lake, Madison, Missoula, Park, Powell, Ravalli,
				Stillwater, Sweet Grass, Teton, and Yellowstone counties;
(h) acres dedicated for conservation upon
				final subdivision approval review in excess of minimum state or local
				subdivision requirements;
(i) a
				tract within a receiving area established by a local jurisdiction as part of a
				transfer of development rights program, and developed for commercial,
				industrial, or residential use by means of development rights permanently
				transferred from land in the sending area; and
(j) a tract developed for residential use at
				a density greater than one unit per 25 acres when the potential density of one
				or more additional tracts is reduced in perpetuity by an equal or greater
				amount, such that the combined development density of all tracts is not greater
				than one unit per 25 acres. This exemption applies to lands for lease,
				easement, exchange, or sale, and includes lands receiving final subdivision
				approval within five years following sale.
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 36.25.913 - ACCOUNTING AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) The department
				will account for real estate management activities that meet ARM
				36.25.910 and
				36.25.912. In addition, the
				department will account for the following:
(a) acres under commercial, industrial, or
				residential lease where no commercial, industrial, or residential lease existed
				previously;
(b) acres under
				easement for commercial, industrial, or residential use;
(c) nonisolated tracts sold and developed for
				a commercial, industrial, or residential use within five years of
				sale;
(d) tracts acquired with
				existing commercial, industrial, or residential development;
(e) tracts, or portions of tracts, encumbered
				or purchased with an existing conservation lease, license, easement, or other
				means of securing conservation uses;
(f) nonisolated tracts sold and encumbered
				with a restriction on development for conservation uses within five years of
				sale;
(g) acres dedicated as open
				space during subdivision review in excess of minimum requirement; and
(h) acres designated as "Natural Area" per
				Title 77, chapter 12, part 1, MCA.
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 36.25.914 - MANAGEMENT OF THE REAL ESTATE MANAGEMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) In July 2010 and every five years
				thereafter, the bureau will issue a report upon the implementation and
				effectiveness of the plan, including a recommendation on the need for
				significant changes to the plan.
(2) Upon review of such reports, the board or
				the department may consider a review of the programmatic plan for any of the
				following reasons:
(a) the thresholds in ARM
				36.25.911(1) or
				(1)(a) have been exceeded;
(b) new legislation is adopted that is
				incompatible with the selected alternative;
(c) the board provides new direction;
				or
(d) the Trust Land Management
				Division administrator judges that the original assumptions supporting the plan
				no longer apply.
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 36.25.915 - MINIMUM LEASE CALCULATION

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				77-1-905(2), MCA,
				the department will set the minimum annual rent for any commercial lease to
				obtain the full market value of that lease. Such rental shall be at a rate not
				less than the product of the appraised value of the land multiplied by a rate
				that is two percentage points a year less than the current
				federally-guaranteed, annual, 20-year bond rate provided by the Montana Board
				of Investments commercial loan rate sheet. For the purpose of calculating the
				minimum annual rent, the department may round the 20-year rate to the nearest
				whole number.
77-1-209,
					 77-1-301, MCA; IMP,
					 77-1-605,
					 77-1-903,
					 77-1-912,
					 MCA;
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 36.25.916 - DELEGATION OF AUTHORITY TO DEPARTMENT FOR SURVEYING, PLATTING, AND EXACTIONS

Current through Register Vol. 13, July 5, 2024
(1) The board delegates to the department,
				subject to its review, its authority under
				77-1-301,
				77-2-309, and
				77-2-310, MCA, to determine
				whether it is in the best interest of the trust beneficiaries to survey, plat,
				or create blocks and lots of state lands prior to sale.
(2) The board delegates to the department,
				consistent with the board's fiduciary duties and subject to the board's review,
				its authority to agree to exactions, conditions, restrictions, or fees imposed
				as a result of zoning, annexation, subdivision, or building permit approval
				processes within Title 7, 50, 67, or 76, MCA, or local land use
				regulations.
77-1-301, 77-1-309, 77-1-310, MCA;
					 IMP, 77-1-301, 77-1-309, 77-1-310,
					 MCA;
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 36.25.917 - APPRAISAL OF LAND PRIOR TO LEASE OR EASEMENT

Current through Register Vol. 13, July 5, 2024
(1) The value of a parcel under consideration
				for lease or issuance of an easement shall be determined through an appraisal
				or limited valuation.
(2) An
				appraisal must include state-owned improvements in the valuation and use
				comparable sales for like-properties. The department may conduct an appraisal
				or appraisal update; or the department may contract with a Montana-licensed
				certified general appraiser. The department shall review and approve an
				appraisal or appraisal update conducted by a contract appraiser.
(3) A limited valuation is an estimation of
				value through other means which may include:
(a) the department's fee schedule;
(b) a survey of real estate appraisers, local
				tax assessors, or local realtors; or
(c) an evaluation of local rents or local
				market fees.
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 36.25.918 - CATEGORICAL EXCLUSIONS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				77-1-121, MCA, and ARM
				36.2.523(5), the
				board adopts the following additional categorical exclusions for real estate
				management activities conducted upon state trust lands:
(a) lease and license administration
				including review, inspection, amendments, assignments, renewals, and
				enforcement of terms and conditions;
(b) department review and approval of lease
				or license modifications, improvements, removal of improvements, and new
				utility service connections, consistent with applicable regulations;
(c) adjustments to the boundaries of existing
				leases or licenses, consistent with applicable regulations;
(d) project planning and design;
(e) project evaluation under ARM
				36.25.906;
(f) development of a site selection report
				under ARM 36.25.907;
(g) project selection under ARM
				36.25.908;
(h) development of the project management
				list under ARM
				36.25.909;
(i) marketing of state trust lands proposed
				for lease, license, or easement;
(j) short-term land use licenses, involving
				no resource extraction or developed uses, and conforming to local permitting
				and land use regulations;
(k) other
				real estate management activities administered by the bureau on state trust
				lands that are not in connection to:
(i) a
				department proposal for a sale, exchange, easement, placement of improvement,
				lease, license, or permit; or
(ii)
				a department review of an application for authorization of a sale, exchange,
				easement, placement of improvement, lease, license, or permit;
(l) department request to amend a
				local growth policy or zoning regulation;
(m) department request to amend or develop a
				neighborhood plan or extension of services plan;
(n) annexation; and
(o) land acquisition. Categorical exclusions
				include activities on state trust lands conducted by others under the authority
				of the department as well as activities conducted by the department
				itself.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Abandon" or
				"abandonment" means the simultaneous intent and voluntary act of surrendering
				or disclaiming any ownership of, or surrendering or disclaiming a property
				interest in a lease or the improvements existing upon a lease, or both.
(2) "Assignment" means the
				transfer of rights, obligations, and ownership of a current lease agreement to
				another person or other legal entity qualified to hold a lease. Assignments
				must be executed on a form prescribed by the department, and are subject to
				department approval.
(3) "Board,"
				also referred to as "Land Board," means the Board of Land
				Commissioners.
(4) " Cabin site,"
				also referred to as " home site," means land leased or to be leased for
				single-family residential use that is noncommercial in nature.
(5) "Cancellation" means an involuntary
				nullification or voiding of rights under a lease before the end of its stated
				term due to a breach of the lessee's obligations under the lease
				contract.
(6) "Department" means
				the Department of Natural Resources and Conservation.
(7) "Improvement" means structures including,
				but not limited to:
(a) a home or
				residence;
(b) outbuildings;
(c) sleeping cabins;
(d) utilities;
(e) water systems;
(f) septic systems;
(g) docks;
(h) landscaping;
(i) any other structure necessary for the
				conservation or utilization of state trust land; and/or
(j) any other structure determined by the
				department to meet this definition.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1002 - AUTHORITIES, LIMITATIONS, AND RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) A cabin site
				lease generally may only include a maximum of five acres; however, special
				circumstances may exist for which the department may grant more than five
				acres.
(2) The lessee shall be
				required to comply with all rules and regulations, including, but not limited
				to:
(a) county planning;
(b) subdivision requirements; and
(c) all other local, state, and federal
				statutes and regulations.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1003 - CABINSITE MINIMUM RENTAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209, MCA IMP:
					 77-1-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1004 - LEASE FEE PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) All cabin sites
				are assessed an annual lease fee. Payment is due in one annual installment
				unless the lessee elects to pay the annual fee on a semi-annual schedule in two
				equal installments.
(a) Annual lease fees are
				due on March 1 of each year.
(b)
				Semi-annual lease fees are due on March 1 and on September 1 of each year.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1005 - IMPROVEMENTS

Current through Register Vol. 13, July 5, 2024
(1) A cabin site
				lessee may apply to the department to request authorization to place
				improvements on, or to install utilities to, the leased land. Approval is at
				the discretion of the department.
(a) The
				lessee must apply for permission prior to placing any improvements or utilities
				on state trust land using a form provided by the department. Failure of the
				lessee to obtain prior written permission from the department, may result in:
(i) limited or no compensation paid to the
				lessee for the improvements upon termination of the lease; or
(ii) the department may require the lessee to
				remove any improvements placed on the leased land, at the lessee's
				expense.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1006 - IMPROVEMENTS UPON CANCELLATION OR ABANDONMENT

Current through Register Vol. 13, July 5, 2024
(1) The former
				lessee has a limited right to remove the improvements or be compensated for the
				improvements by a new lessee. Improvements that are not removed or sold in
				accordance with this section will result in trust assumption and ownership of
				all improvements.
(2) The ability
				to remove or seek compensation for improvements is only available if the former
				lessee has continued to pay all taxes and any other applicable assessments;
				and, is limited to a time period of up to three years after the date of
				cancellation or abandonment.
(a) If, after
				three years there is no new lessee and the improvements have not been removed,
				the department will provide written notice to the former lessee granting 60
				days for removal of remaining improvements. After that time, the improvements
				will become the property of the trust.
(b) This condition and limitation applies to
				all improvements on the leased land, including movable and nonmovable
				improvements, as well as personal property.
(c) The beginning of the three-year time
				period shall be either:
(i) the effective
				date of an abandonment form executed by the lessee and accepted by the
				department;
(ii) the date rent is
				due, if the rent is not paid, as per ARM
				36.25.1004; or
(iii) the effective date of cancellation
				provided in the cancellation notice from the department to the lessee, if the
				lease is cancelled for any reason other than failure to pay rent.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1007 - ACCESS TO CABINSITE IMPROVEMENTS ON AN INACTIVE LEASE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209, MCA IMP:
					 77-1-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1008 - CANCELLATION AND ABANDONMENT OF LEASE

Current through Register Vol. 13, July 5, 2024
(1) Either the
				department or the lessee may cancel the lease.
(a) The department may cancel a lease for any
				breach of the lease contract.
(b) A
				lessee may cancel per the terms of the lease, or unconditionally abandon a
				lease in accordance with ARM
				36.25.1006.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1009 - ISSUANCE OF CABIN SITE LEASE ON UNLEASED AND RECLASSIFIED LAND

Current through Register Vol. 13, July 5, 2024
(1) Unleased cabin
				sites are available to lease through a competitive bidding process.
(a) The minimum bid amount will be the first
				year's annual lease fee, determined by applying a rental rate to the land
				value. In no case will a bid be considered if it is less than the minimum lease
				fee specified in the bid solicitation.
(i)
				Rental rates for new bidding shall start at 6.5 percent for all neighborhoods,
				or as otherwise determined by the board (in accordance with ARM
				36.25.1014).
(ii) The department
				may reduce the rental rate to 5 percent after 60 days if no bids are received.
(iii) In neighborhoods with
				vacancy rates over 30 percent, the department may incrementally reduce the
				rental rate after 60 additional days until the vacancy rate is no longer over
				30 percent. The rental rate shall not be less than 3.5 percent or $800,
				whichever is higher.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1010 - DURATION AND TRANSFER

Current through Register Vol. 13, July 5, 2024
(1) A cabin site
				lease will be issued for a period not to exceed 15 years unless the cabin site
				lessee demonstrates a need for a longer period for loan security purposes, in
				which case the new lease may be issued in the discretion of the department for
				a period up to five years longer than the term of the loan up to a maximum
				lease period of 35 years. If a lease is issued for term longer than 15 years as
				provided in this section, the following will apply:
(a) a demonstration of need must be supplied
				to the department in the form of a request from the lender asking for the
				extended lease term;
(b) a cabin
				site lease will expire on February 28, 35 years or less from the beginning date
				of the lease;
(c) lease terms
				longer than 15 years are intended for loan security of dwelling improvements,
				not ancillary improvements such as septic tanks, wells, garages, and
				outbuildings; and
(d) the lender
				may submit a form provided by the department to document its security interest
				in the improvements on the lease land; and, to secure in advance a transfer of
				the lease to the lender in the event of lessee default.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1011 - RENEWAL OF LEASE AND PREFERENCE RIGHT

Current through Register Vol. 13, July 5, 2024
(1) A current cabin
				site is not subject to competitive bidding upon expiration if:
(a) the current lease is in good standing;
				and
(b) the new lease will
				continue to meet the terms and conditions described in this subchapter.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1012 - CABINSITE HARDSHIP RENTAL DEFERMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209, MCA ; IMP:
					 77-1-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1013 - ADMINISTRATIVE HEARINGS RELATED TO CABIN SITE LEASE DISPUTES

Current through Register Vol. 13, July 5, 2024
(1) Any cabin site
				lessee may request a hearing before the department to resolve any dispute which
				arises from the interpretation, administration , or cancellation of, or the
				lease fees due upon a cabin site lease. However, the department will not
				provide for any hearing upon the assessed valuations determined by DOR for any
				cabin site under
				15-7-111, MCA.
AUTH:
					 77-1-202,
					 77-1-208,
					 77-1-209, MCA ; IMP:
					 77-1-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1014 - LEASE FEE

Current through Register Vol. 13, July 5, 2024
(1) The annual
				lease fee for the first lease year of an individual cabin site lease will be
				the greater of:
(a) the amount bid by the
				lessee to secure the lease;
(b) the
				rental rate; or
(c)
				$800.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1015 - APPLICABILITY OF CABIN SITE RULES

Current through Register Vol. 13, July 5, 2024
(1) ARM
				36.25.1001 through 36.25.1015
				shall apply to all cabin site leases issued after [the effective date of these
				rules].
AUTH:
					 77-1-204,
					 77-1-208,
					 77-1-209,
					 77-1-235,
					 77-1-236, MCA ; IMP:
					 77-1-235,
					 77-1-236,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1016 - COMPETITIVE BIDDING (REPEALED)

Current through Register Vol. 13, July 5, 2024
On April 5, 2012,
				  the Montana First Judicial District Court issued a preliminary injunction
				  preventing the state of Montana from implementing any of the terms of Senate
				  Bill 409 (2011), which includes prohibiting the Land Board or DNRC from
				  applying ARM
				  36.25.1011(2) and
				  ARM 36.25.1016 through
				  36.25.1021 which were adopted to
				  implement SB 409. Contact DNRC at 406-444-2074 for more
				  information.
AUTH:
					 77-1-204,
					 77-1-208,
					 77-1-209,
					 77-1-235,
					 77-1-236, MCA IMP:
					 77-1-235,
					 77-1-236,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1017 - ROLLING GEOGRAPHIC LOCATION AVERAGE LEASE RATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
On April 5, 2012,
				  the Montana First Judicial District Court issued a preliminary injunction
				  preventing the state of Montana from implementing any of the terms of Senate
				  Bill 409 (2011), which includes prohibiting the Land Board or DNRC from
				  applying ARM
				  36.25.1011(2) and
				  ARM 36.25.1016 through
				  36.25.1021 which were adopted to
				  implement SB 409. Contact DNRC at 406-444-2074 for more
				  information.
AUTH:
					 77-1-204,
					 77-1-208,
					 77-1-209,
					 77-1-235,
					 77-1-236, MCA ; IMP:
					 77-1-235,
					 77-1-236,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1018 - LEASE FEE FOR BID CABINSITE LEASES UNDER (REPEALED)

Current through Register Vol. 13, July 5, 2024
On April 5, 2012,
				  the Montana First Judicial District Court issued a preliminary injunction
				  preventing the state of Montana from implementing any of the terms of Senate
				  Bill 409 (2011), which includes prohibiting the Land Board or DNRC from
				  applying ARM
				  36.25.1011(2) and
				  ARM 36.25.1016 through
				  36.25.1021 which were adopted to
				  implement SB 409. Contact DNRC at 406-444-2074 for more
				  information.
AUTH:
					 77-1-204,
					 77-1-208,
					 77-1-209,
					 77-1-235,
					 77-1-236, MCA; IMP:
					 77-1-235,
					 77-1-236,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1019 - SUBLEASING AND ABANDONMENT OF IMPROVEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
On April 5, 2012,
				  the Montana First Judicial District Court issued a preliminary injunction
				  preventing the state of Montana from implementing any of the terms of Senate
				  Bill 409 (2011), which includes prohibiting the Land Board or DNRC from
				  applying ARM
				  36.25.1011(2) and
				  ARM 36.25.1016 through
				  36.25.1021 which were adopted to
				  implement SB 409. Contact DNRC at 406-444-2074 for more
				  information.
AUTH:
					 77-1-204,
					 77-1-208,
					 77-1-209,
					 77-1-235,
					 77-1-236, MCA IMP:
					 77-1-235,
					 77-1-236,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1020 - SALE OF CABINSITE LANDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
On April 5, 2012,
				  the Montana First Judicial District Court issued a preliminary injunction
				  preventing the state of Montana from implementing any of the terms of Senate
				  Bill 409 (2011), which includes prohibiting the Land Board or DNRC from
				  applying ARM
				  36.25.1011(2) and
				  ARM 36.25.1016 through
				  36.25.1021 which were adopted to
				  implement SB 409. Contact DNRC at 406-444-2074 for more
				  information.
AUTH:
					 77-1-204,
					 77-1-208,
					 77-1-209,
					 77-1-235,
					 77-1-236, MCA ; IMP:
					 77-1-235,
					 77-1-236, MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.10 - Cabinsite Leasing › Rule 36.25.1021 - APPLICABILITY OF CABINSITE RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
On April 5, 2012,
				  the Montana First Judicial District Court issued a preliminary injunction
				  preventing the state of Montana from implementing any of the terms of Senate
				  Bill 409 (2011), which includes prohibiting the Land Board or DNRC from
				  applying ARM
				  36.25.1011(2) and
				  ARM 36.25.1016 through
				  36.25.1021 which were adopted to
				  implement SB 409. Contact DNRC at 406-444-2074 for more
				  information.
AUTH:
					 77-1-204,
					 77-1-208,
					 77-1-209,
					 77-1-235,
					 77-1-236, MCA ; IMP:
					 77-1-235,
					 77-1-236,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.11 - Navigable Waterways › Rule 36.25.1101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
When used in this subchapter, unless a different meaning
				  clearly appears from the context:
(1)
				"Bed" means an area on or above state-owned land between the low-water marks of
				a navigable river channel, excepting any portion of the land greater than 50
				feet vertically below the thalweg of the channel and excepting any minerals
				therein.
(2) "Board" means the
				state Board of Land Commissioners.
(3) "Calculated market value" means the
				market value of a footprint derived by multiplying the current per acre value
				of the land above the low-water mark on the adjacent larger parcel nearest the
				footprint by the footprint area, then discounting the result by fifty
				percent.
(4) "Commercial use" means
				an activity conducted on, within, or over a navigable river for profit,
				excluding any extraction of minerals, but including, but not limited to:
(a) marinas;
(b) restaurants; or
(c) retail service outlets at that
				location.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.11 - Navigable Waterways › Rule 36.25.1102 - PURPOSE AND APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				Article X, Section 11(1) of the 1972 Montana Constitution and
				70-1-202(1) and
				77-1-102(2), MCA,
				the title to all navigable rivers is held by the board in trust for the benefit
				of the public.
(2) The board,
				through the department as the board's administrative arm, shall manage and
				administer the navigable rivers of the state of Montana to:
(a) ensure the public's right to fully use
				and enjoy this resource for commerce, navigation, fishing, hunting, recreation
				and other public trust values; and
(b) generate income from navigable rivers for
				the public trust in a manner consistent with these rules and other
				laws.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.11 - Navigable Waterways › Rule 36.25.1103 - SEVERABILITY

Current through Register Vol. 13, July 5, 2024
(1) If any part of ARM
				36.25.1101 through
				36.25.1108 is found to be invalid,
				all valid parts that are severable from the invalid part remain in effect in
				one or more of its applications, the part remains in effect in all valid
				applications that are severable from the invalid applications.
77-1-1117, MCA; IMP,
					 77-1-1117,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.11 - Navigable Waterways › Rule 36.25.1104 - AUTHORIZATION FOR USE OF NAVIGABLE WATERWAYS

Current through Register Vol. 13, July 5, 2024
(1) Except as otherwise provided in this
				rule, the following shall require prior written authorization from the
				department:
(a) fixed structures placed
				within the bed of a navigable river or suspended above the bed of a navigable
				river; and
(b) boats positioned,
				moored, or anchored longer than fourteen days within any 30-day period within a
				specific location upon navigable waters.