reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.305 - RETENTION OF TREES IN THE SMZ - CLEARCUTTING

Current through Register Vol. 13, July 5, 2024
(1) The forest practice of clearcutting is
				prohibited in the SMZ unless approved by the department under a site-specific
				alternative practice.
(2) In order
				to provide large woody debris, stream shading, water filtering effects, and to
				protect stream channels and banks, merchantable and submerchantable trees must
				be retained in the first 50 feet of the SMZ beyond the ordinary high water mark
				and in the entire SMZ where the SMZ is extended for wetlands under ARM
				36.11.302(2) (a),
				on each side of streams, and along lakes and other bodies of water as follows:
(a) On each side of class 1 stream segments
				and lakes retain 50% of the trees greater than or equal to eight inches dbh, or
				ten trees greater than or equal to eight inches dbh in each 100 lineal feet of
				the SMZ, whichever is greater.
(i) If less
				than ten trees greater than or equal to eight inches dbh are present in any 100
				lineal-foot segment of the SMZ, then a minimum of ten trees of the largest
				diameter available must be retained in that segment;
(ii) Trees retained must be representative of
				the species and size of trees in the preharvest stand; and
(iii) Shrubs and submerchantable trees must
				be protected and retained in the entire SMZ to the fullest extent possible when
				conducting forest practices in the SMZ.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.306 - ROAD CONSTRUCTION IN THE SMZ

Current through Register Vol. 13, July 5, 2024
(1) The
				construction of roads in the SMZ is prohibited except when necessary to cross a
				stream or wetland unless approved by the department under a site-specific
				alternative practice or as provided in this rule. The construction of roads
				across streams, wetlands or other bodies of water is not regulated by these
				rules but may be subject to other state and federal laws and
				regulations.
(2) Road fill material
				must not be deposited into the SMZ except as needed to construct
				crossings.
(3) In order to minimize
				excavation for road construction on erosive soils characteristic of eastern
				Montana, an operator may, as an alternative practice without site-specific
				approval, construct or locate a road inside the SMZ on class 3 stream segments
				in the eastern zone only wherever:
(a) the
				slope of the SMZ immediately adjacent to the stream is 10% or less for a
				distance of at least 25 feet from the ordinary high water mark;
(b) there exists in the outer portion of the
				SMZ a hillside with slopes in excess of 35%; and
(c) the road is constructed or located on the
				gentler slopes in such a manner that:
(i)
				cutting and filling of earthen material is minimized;
(ii) the toe of the road fill is located at
				least 15 feet from the ordinary high water mark;
(iii) the road is located as far away from
				the ordinary high water mark as is practical; and
(iv) road drainage features are installed as
				needed to minimize sediment delivery to streams.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.307 - HAZARDOUS OR TOXIC MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) The
				handling, storage, application, or disposal of hazardous or toxic materials in
				the SMZ in a manner that pollutes streams, lakes, or wetlands or that may cause
				damage or injury to humans, land, animals, or plants is prohibited.
(2) Any application of herbicides or
				pesticides must be done in a manner that such materials are not introduced to
				streams, lakes, wetlands, or other bodies of water through surface runoff or
				subsurface flow.
(3) Any
				application of herbicides or pesticides must be done in a manner which does not
				destroy vegetation in the SMZ to an extent which impairs the capacity of the
				SMZ to provide shade or to act as an effective sediment filter.
(4) Any application of herbicides or
				pesticides in the SMZ must be in accordance with all label directions and in
				compliance with all applicable laws and regulations regarding the use of such
				material.
(5) Dust abatement agents
				which do not contain waste oil may be applied on roads in the SMZ provided that
				such material is not directly introduced into a stream, lake, or other body of
				water.
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 36.11.308 - SIDE-CASTING OF ROAD MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) The
				side-casting of road material into a stream, lake, wetland, or other body of
				water during road maintenance operations is prohibited in the SMZ.
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 36.11.309 - DEPOSITING SLASH

Current through Register Vol. 13, July 5, 2024
(1) Depositing
				slash in streams, lakes, or other bodies of water is prohibited unless approved
				by the department under a site-specific alternative practice subject to other
				state and federal laws and regulations.
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 36.11.310 - SITE-SPECIFIC ALTERNATIVE PRACTICES

Current through Register Vol. 13, July 5, 2024
(1) The
				owner or operator shall comply with the management standards stated in
				77-5-303(1), MCA,
				and this subchapter, unless approval has been obtained from the department for
				alternative practices designed for site-specific conditions encountered during
				a timber sale prior to conducting such practices.
(2) The department may approve a proposed
				alternative practice only if such practice would be otherwise lawful and the
				department determines with reasonable certainty that the proposed alternative
				practice would conserve the integrity of thestreamside management zone and
				would not significantly diminish the function of the zone as stated in
				77-5-301, MCA:
(a) to act as an effective sediment filter to
				maintain water quality;
(b) to
				provide shade to regulate stream temperature;
(c) to support diverse and productive aquatic
				and terrestrial riparian habitats;
(d) to protect stream channels and
				banks;
(e) to provide large, woody
				debris that is eventually recruited into a stream to maintain riffles, pools,
				and other elements of channel structure; and
(f) to promote floodplain
				stability.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.311 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) This subchapter applies to forest
				practices conducted within a timber sale in the streamside management zone.
				Such practices, as defined at
				77-5-302(3), MCA,
				include the following activities when conducted within a "timber sale" defined
				in ARM 36.11.312:
(a) the harvesting of trees;
(b) road construction or reconstruction
				associated with harvesting and accessing trees;
(c) site preparation for regeneration of a
				timber stand;
(d) reforestation;
				and
(e) management of logging
				slash.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.312 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Wherever used in this subchapter, unless a different meaning
				  clearly appears from the context:
(1)
				"Alternative practices" means forest practices conducted in the SMZ that are
				different from the practices required by the standards provided in
				77-5-303, MCA, and are approved by
				the department either by adoption of this subchapter or on a site-specific
				basis upon application of the operator.
(2) "Broadcast burning" means spreading fire
				through a continuous fuel cover. The fuels consist of slash resulting from
				forest practices, surface litter, and duff. Fuels are left in place, fairly
				uniform, and ignited under certain conditions with the intent to meet planned
				management objectives in the desired area.
(3) "Class 1 stream segment" means a portion
				of stream that supports fish; or a portion of stream that normally has surface
				flow during six months of the year or more; and that contributes surface flow
				to another stream, lake, or other body of water.
(4) "Class 2 stream segment" means a portion
				of stream that is not a class 1 or class 3 stream segment. Two common examples
				of class 2 stream segments are:
(a) a portion
				of stream which does not support fish; normally has surface flow during less
				than six months of the year; and contributes surface flow to another stream,
				lake, or other body of water; or
(b) a portion of stream that does not support
				fish; normally has surface flow during six months of the year or more; and does
				not contribute surface flow to another stream, lake, or other body of
				water.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.3 - Streamside Management Zone › Rule 36.11.313 - PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) Each violation of Title 77, chapter 5,
				part 3, MCA, rules adopted thereunder, or of an order issued pursuant to
				77-5-305, MCA, is subject to a
				separate civil penalty not to exceed $1,000, with each day of the violation
				constituting a separate violation.
(2) Upon determining that a violation may
				have occurred, the department will, prior to issuing a formal warning or
				repair-order, make a reasonable attempt to contact, by telephone, letter,
				electronic mail, or other means, the owner and operator.
(a) If the department is not successful in
				making contact with the owner and/or with the operator, it will proceed in the
				appropriate manner, including but not limited to, the issuance of a formal
				warning, repair-order, and/or assessment of a civil penalty.
(b) If the department determines that a
				violation does not warrant a civil penalty, as calculated in (5), it may seek
				voluntary compliance and site rehabilitation through warning, conference, or
				other appropriate means.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.401 - ACCOUNTABLE PARTIES

Current through Register Vol. 13, July 5, 2024
(1) The trust land
				management DIVISION of the department of natural RESOURCES AND CONSERVATION
				shall implement the rules as outlined in this sub-chapter to provide field
				personnel with consistent policy, direction, and guidance for the management of
				forested state trust lands.
77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.402 - GENERAL APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The state
				forest land management rules in this subchapter shall apply to forest
				management activities on all state trust lands administered by the department.
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA; IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.403 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context otherwise requires, the words defined
				  shall have the following meaning when found in these rules:
(1) "Abandoned road" means a road that is
				impassable to motorized vehicles and is restricted by a non-passable barrier or
				vegetation but has drainage structures that have not been removed. An abandoned
				road will not receive motorized use, including low-intensity forest management
				activities or commercial forest management activities.
(2) "Active bald eagle nest" means any bald
				eagle nest that either:
(a) is known to be
				occupied by a breeding pair; or
(b) has been occupied by nesting bald eagles
				within the past five years.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.404 - BIODIVERSITY - COARSE FILTER APPROACH

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall promote biodiversity by taking a coarse filter approach
				thereby favoring an appropriate mix of stand structures and compositions on
				state lands. The department shall base appropriate stand structures and
				compositions on ecological characteristics such as:
(a) land type;
(b) climatic section;
(c) habitat type;
(d) disturbance regime; and
(e) unique and rare habitats.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.405 - BIODIVERSITY - DESIRED FUTURE CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall use a site-specific model that incorporates ecological
				characteristics through habitat and cover types to describe cover type
				representation. Cover type is one characteristic that describes desired future
				conditions. When run at the administrative unit level, the model describes a
				desired future condition in terms of cover type representation. The cover types
				defined are white pine, ponderosa pine, Douglas-fir, western larch/Douglas-fir,
				lodgepole pine, mixed conifer, and subalpine types. Where data do not allow
				unit-level descriptions, then project-level data and descriptions will be
				utilized.
(a) The model indicates the
				approximate number of acres of each cover type that represents a desired future
				condition for the unit as a whole. Treatments shall be determined at the
				project level. The department shall use local knowledge to improve estimates as
				necessary, such as identification of hardwood cover types as a desired future
				condition.
(i) The following describes the
				model referred to in (1). Each stand is tested sequentially against the
				following criteria. Once a stand is assigned it does not go through any of the
				subsequent steps.
(A) If white pine makes up
				10% or greater of any of the four main species, the white pine type is
				assigned.
(B) If ponderosa pine
				makes up over 20% of the cover, the ponderosa pine cover type is
				assigned.
(C) If western larch
				represents a minimum of 10% of the stand, or any stand that has at least 30%
				cover represented by western larch and Douglas-fir, the western
				larch/Douglas-fir type is assigned.
(D) If Douglas-fir represents 50% or greater,
				the Douglas-fir type is assigned.
(E) If lodgepole pine represents 40% or
				greater, the lodgepole pine type is assigned.
(F) If the stand is not yet assigned and the
				habitat type is greater than 630, the subalpine type is assigned.
(G) All remaining stands are assigned to the
				mixed conifer type.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.406 - BIODIVERSITY - FINE FILTER APPROACH

Current through Register Vol. 13, July 5, 2024
(1) Because
				it cannot assure that the coarse filter approach will adequately address the
				full range of biodiversity, the department shall also employ a fine filter
				approach for threatened, endangered, and sensitive species (see ARM
				36.11.428 through
				36.11.432 ), that focuses on a
				single species' habitat requirements to the extent consistent with the
				Endangered Species Act, 16
				U.S.C Sections 1531 through
				1544 and
				77-5-116, MCA.
(a) The department shall manage for a desired
				future condition that promotes a diversity of habitat conditions beneficial to
				wildlife. The fine filter shall support habitat requirements of threatened,
				endangered, and sensitive wildlife and plant species. Where the coarse filter
				and fine filter appear to be at odds, the department shall move toward the
				conditions defined in ARM
				36.11.405 consistent with its
				fiduciary obligations owed to the trust beneficiary.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.407 - BIODIVERSITY - MANAGEMENT ON BLOCKED LANDS

Current through Register Vol. 13, July 5, 2024
(1)
				Within areas of large, blocked ownership, the department shall manage for a
				desired future condition that can be characterized by the proportion and
				distribution of forest types and structures historically present on the
				landscape.
(2) A typical analysis
				unit shall be the administrative unit wherein the department shall focus on
				maintaining or restoring a range of the forest conditions that would have
				naturally been present given topographic, edaphic, and climatic characteristics
				of the area, and considering fiduciary and other obligations.
(a) Among the forest conditions the
				department shall typically consider are:
(i)
				successional stage;
(ii) species
				composition;
(iii) stand
				structure;
(iv) patch size and
				shape;
(v) habitat connectivity and
				fragmentation;
(vi) disturbance
				regime;
(vii) old-growth
				distribution and attribute levels; and
(viii) habitat type.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.408 - BIODIVERSITY - SELECTION OF SILVICULTURAL SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) Selection of silvicultural systems shall
				typically be based on natural disturbance regimes. The three predominant
				regimes are:
(a) stand-replacement
				fire;
(b) mixed severity fire;
				and
(c) non-lethal fire.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.409 - BIODIVERSITY - SALVAGE HARVESTING

Current through Register Vol. 13, July 5, 2024
(1) Salvage
				of dead and dying material shall be conducted pursuant to
				77-5-207, MCA. Salvage shall occur
				using site-specific assessment of the economic and ecological consequences,
				when the material left will be taken by firewood cutters, contribute to spread
				of insect and disease problems, or pose a human safety concern. The department
				shall recognize the role this material plays in maintaining
				biodiversity.
77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.410 - BIODIVERSITY - NUTRIENT RETENTION

Current through Register Vol. 13, July 5, 2024
(1) For
				nutrient retention purposes, treatments shall minimize the amount of fine
				branches and leafy material removed from the site.
(2) Whole tree skidding shall be discouraged,
				unless measures are taken to retain nutrients on site.
77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.411 - BIODIVERSITY - SNAGS AND SNAG RECRUITS

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall retain snags and snag recruits in all harvest units involving
				live timber, including seed tree removals, fire, and other salvage operations
				as follows:
(a) in all timber harvest units
				post-harvest, the department shall retain an average of approximately two snags
				and two snag recruits over 21 inches DBH, per acre;
(b) in all cases, if snags or recruits over
				21 inches DBH are not present, the next largest size snag or recruit shall be
				retained;
(c) retained snags and
				recruits may be evenly distributed or clumped;
(d) if there is an absence of sufficient
				snags or recruits, some substitution between the two may occur;
(e) Cull trees shall qualify as recruits
				provided they do not contribute to:
(i) insect
				and disease problems;
(ii) pose a
				human safety issue; or
(iii)
				present concerns over dysgenic practices.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.412 - BIODIVERSITY - MANAGEMENT AT THE URBAN/FOREST LAND INTERFACE

Current through Register Vol. 13, July 5, 2024
(1) In the urban/forest land interface, the
				department may diverge from other forest management rules as defined in ARM
				36.11.404 through
				36.11.450, if the following
				overriding concerns are identified at the project level:
(a) public safety, including the potential
				for loss or damage to critical power or communications systems;
(b) fire hazard; or
(c) adherence to the rules would yield
				undesirable results due to activities of others beyond the department's
				control, for example snags left for biodiversity reasons near open roads or
				housing, are likely to be harvested by firewood gatherers thus not fulfilling
				department objectives.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.413 - BIODIVERSITY - RETENTION OF CULL MATERIAL

Current through Register Vol. 13, July 5, 2024
(1)
				Cull live trees, and cull snags (less than 33% sound for both live trees and
				snags) shall be retained giving due consideration to safety issues, and stand
				health.
77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.414 - BIODIVERSITY - RETENTION OF COARSE WOODY DEBRIS

Current through Register Vol. 13, July 5, 2024
(1) Adequate CWD shall be left on site to
				facilitate nutrient conservation and cycling, maintenance of biodiversity,
				wildlife needs, and other considerations.
(2) CWD retention amounts shall be determined
				at the project level using scientifically accepted technical references as
				determined by the department.
77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.415 - BIODIVERSITY - PATCH SIZE AND SHAPE

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall emulate natural spatial patterns of patch size and shape to
				the extent practicable. Underlying processes and their resultant pre-management
				patterns shall be taken into account in design of projects while recognizing
				that previous management activities may have altered the landscape through
				fragmentation or disruption of linkages. The department shall consider the
				effects of fragmentation and connectivity at the project level.
(2) The department shall consider other
				factors that influence the ability to emulate natural spatial patterns,
				including public sentiments, and other RESOURCES.
77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.416 - BIODIVERSITY - MANAGEMENT ON SCATTERED LANDS

Current through Register Vol. 13, July 5, 2024
(1)
				On areas of smaller, and/or scattered ownership, the department shall base
				management on restoring a semblance of historic conditions within state
				ownership.
(2) Where state
				ownership contained forest conditions made rare on adjacent lands due to the
				management activities of others, the department shall not necessarily maintain
				those conditions in amounts sufficient to compensate for their loss when
				assessed over the broader landscape, except as it coincides with other
				department objectives.
(3) However,
				if state trust lands contain rare or unique habitat elements occurring
				naturally (e.g., bog, patches of a rare plant), the department shall manage so
				as to retain those elements.
(4) On
				scattered parcels, treatments shall be determined at the project
				level.
(5) The department shall
				apply the model referred to under ARM
				36.11.404 at the administrative
				unit level, to the extent data are available.
(6) Silvicultural considerations listed under
				ARM 36.11.404 through
				36.11.405, and
				36.11.417 and
				36.11.418 shall be applicable with
				36.11.416.
77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.417 - BIODIVERSITY - COOPERATIVE PLANNING

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall make reasonable efforts, in its sole discretion, to pursue
				cooperative planning with major adjoining landowners. The objectives of
				cooperative planning shall be to maintain appropriate amounts and distribution
				of stand structures and species mixtures to promote biodiversity at a landscape
				level, and to equitably maintain or promote trust revenue opportunities over
				the long-term.
(a) Cooperative plans shall be
				evaluated as needed, to monitor how successfully they are being implemented,
				and to determine if continued participation is warranted.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.419 - BIODIVERSITY - FIELD REVIEWS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall field review a subset of forest management activities after project
				completion, or every five years for ongoing projects, to evaluate the
				application of biological diversity measures at a stand and landscape
				level.
(2) The department shall
				check landscape evaluations to compare actual effects of management activities
				and natural processes against desired or predicted effects to the extent
				practicable.
(3) The department
				shall evaluate trends in:
(a) forest cover
				characteristics;
(b) habitat
				values;
(c) insect and disease
				activity; and
(d) other natural
				disturbances.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.420 - SILVICULTURE

Current through Register Vol. 13, July 5, 2024
(1) The department shall design all
				prescribed silvicultural treatments to maintain the long-term productivity of
				the site in order to ensure the long-term capability to produce trust
				revenue.
(2) The department shall
				evaluate ecological characteristics of the site and use the characteristics to
				develop stand management regimes that are compatible with the site.
(3) The department shall design management
				regimes to address:
(a) stand structures and
				development;
(b) species
				mixtures;
(c) silvicultural
				systems; and
(d) time periods for
				reforestation.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.421 - ROAD MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall plan transportation systems for the minimum number of road miles.
(a) The department shall only build roads
				that are necessary for current and near-term management objectives, as
				consistent with the other forest management rules.
(b) The department shall evaluate and use
				alternative yarding systems that do not require roads whenever possible.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.422 - WATERSHED MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall manage watersheds to maintain high quality water that meets or exceeds
				state water quality standards and protects designated beneficial water
				uses.
(2) The department shall
				incorporate BMP's into the project design and implementation of all forest
				management activities.
(a) BMP's appropriate
				for a given project or situation shall be determined during project development
				and environmental analysis.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.423 - WATERSHED MANAGEMENT - CUMULATIVE EFFECTS

Current through Register Vol. 13, July 5, 2024
(1) The department shall include an
				assessment of cumulative watershed effects on projects involving substantial
				vegetation removal or ground disturbance. Using the analysis, the department
				shall ensure that the project will not increase impacts beyond the physical
				limits imposed by the stream system for supporting its most restrictive
				beneficial use(s) , when considered with other existing and proposed state
				activities for which the scoping process has been initiated. The analysis shall
				identify opportunities, if any exist, for mitigating adverse effects on
				beneficial water uses.
(a) The department
				shall determine the necessary level of cumulative watershed effects analysis on
				a project level basis. The level of analysis shall depend on the:
(i) extent of the proposed activity;
(ii) level of past activities;
				and
(iii) beneficial uses at
				risk.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.424 - WATERSHED MANAGEMENT - MONITORING

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall develop and maintain a monitoring strategy to assess watershed
				impacts of land use activities and the effectiveness of mitigation measures.
				The monitoring strategy shall include:
(a)
				qualitative assessments, such as BMP audits, on most projects with a
				substantial amount of soil disturbance. For future applications, the department
				shall revise BMP's that fail to provide adequate protection;
(b) site-specific monitoring projects using
				quantitative assessment methods on selected sites to determine the
				effectiveness of BMP's and other commonly applied mitigation
				measures;
(c) assessments of
				habitat conditions on selected streams identified as supporting the fish
				species listed as threatened or endangered under the Endangered Species Act,
				16 U.S.C. Sections
				1531 through
				1544, and sensitive fish
				species;
(d) evaluations of the
				effects of forest management activities on soils at selected sites;
				and
(e) an inventory and analysis
				of watershed impacts on state trust lands as funding allows.
(i) If conducted, the analysis shall be
				sufficient to identify causes of watershed degradation and set priorities for
				watershed restoration. The department shall emphasize mitigation of existing
				water quality impacts in order to provide greater opportunities to produce
				trust income while maintaining beneficial uses.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.425 - WATERSHED MANAGEMENT - STREAMSIDE MANAGEMENT ZONES, EQUIPMENT RESTRICTION ZONES, AND RIPARIAN MANAGEMENT ZONES

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall establish an equipment restriction zone (ERZ) adjacent to
				the minimum width of the SMZ required under ARM
				36.11.302
				when forest management activities are proposed on sites with high erosion
				risk.
(2) The department shall
				determine the presence of high erosion risk from:
(a) established soil surveys;
(b) existing inventories; or
(c) site-specific field evaluations.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.426 - WATERSHED MANAGEMENT - WETLAND MANAGEMENT ZONES

Current through Register Vol. 13, July 5, 2024
(1) The department shall establish a wetland
				management zone (WMZ) when forest management activities are proposed within or
				adjacent to an isolated wetland or adjacent to a wetland found within an SMZ.
(a) For isolated wetlands greater than 0.25
				acre the WMZ boundary shall be 50 feet.
(b) For isolated wetlands smaller than 0.25
				acre the WMZ boundary shall only include the wetland itself.
(c) For wetlands found within a SMZ, the WMZ
				boundary shall be 50 feet.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.427 - FISHERIES

Current through Register Vol. 13, July 5, 2024
(1) The department shall minimize impacts to
				fish populations and habitat by implementing the watershed, SMZ, RMZ, and WMZ
				rules contained in ARM
				36.11.422
				through
				36.11.426.
(2) The department shall review
				forest management activities proposed adjacent to streams, lakes, or other
				bodies of water supporting bull trout or other fish and aquatic species listed
				as threatened or endangered under the Endangered Species Act,
				16
				U.S.C. Sections 1531 through
				1544,
				pursuant to ARM
				36.11.404
				through
				36.11.428.
(a) The department shall make reasonable
				efforts, in its sole discretion, to cooperate in the implementation of
				conservation strategies developed by the state of Montana and United States
				fish and wildlife service (USFWS) for the restoration and recovery of bull
				trout and other listed fish species.
(i) The
				department shall design forest management activities to protect bull trout,
				habitat by implementing conservation strategies pursuant to the Bull Trout
				Recovery Plan (2015), where applicable.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.428 - THREATENED AND ENDANGERED SPECIES

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall participate in recovery efforts of threatened and endangered
				plant and animal species as listed below. The department shall confer in its
				sole discretion with the United States Fish and Wildlife Service (USFWS) to
				develop habitat mitigation measures.
(a)
				Measures may differ from federal management guidelines because the department
				plays a subsidiary role to federal agencies in species recovery. In all cases,
				measures to support recovery must be consistent with department
				responsibilities under the Endangered Species Act and Trust Law. The department
				shall work with the USFWS to amend such measures when, in the judgment of the
				forest management bureau chief, they are inconsistent with trust management
				obligations.
(b) Measures to
				support species recovery shall be periodically updated to implement new
				biological information and legal interpretations as warranted.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.429 - THREATENED AND ENDANGERED SPECIES - BALD EAGLE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.430 - THREATENED AND ENDANGERED SPECIES - GRAY WOLF (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.431 - THREATENED AND ENDANGERED SPECIES - GRIZZLY BEAR (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.433 - GRIZZLY BEAR MANAGEMENT ON OTHER WESTERN MONTANA LANDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.434 - GRIZZLY BEAR MANAGEMENT ON EASTERN MONTANA LANDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.435 - THREATENED AND ENDANGERED SPECIES - CANADA LYNX (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.436 - SENSITIVE SPECIES

Current through Register Vol. 13, July 5, 2024
(1) The department
				recognizes that certain plant and animal species, both terrestrial and aquatic,
				are particularly sensitive to human activities in managed forests. Populations
				of such species are usually small and/or declining. Continued adverse impacts
				from land management activities may lead to their being federally listed as
				threatened or endangered. Because sensitive species usually have specific
				habitat requirements, consideration of their needs is recognized as a useful
				and prudent fine filter for ensuring the department meets the primary goal of
				maintaining diverse and healthy forests. Considering sensitive species in
				management actions helps ensure that decisions will be made appropriate to the
				fundamental philosophy and that additional federal listings will not be
				necessary.
(a) However, if objective analyses
				suggest that the underlying ecological forces would produce a distribution of
				cover types different than those existing, it is appropriate to move toward the
				historic pattern. Sensitive species considerations for habitat management are
				not intended to preclude a general move toward historic representation of cover
				types.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.437 - SENSITIVE SPECIES - FLAMMULATED OWL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.438 - SENSITIVE SPECIES - BLACK-BACKED WOODPECKER (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA .
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.439 - SENSITIVE SPECIES - PILEATED WOODPECKER . (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.440 - SENSITIVE SPECIES - FISHER (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.441 - SENSITIVE SPECIES - COMMON LOON. (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.442 - SENSITIVE SPECIES - PEREGRINE FALCON . (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204,
					 MCA IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA .
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.443 - BIG GAME

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall promote a diversity of stand structures and landscape patterns, and rely
				on them to provide good habitat for native wildlife populations.
(a) To the extent possible, the department
				shall manage to provide for big game habitat. Measures to mitigate potential
				impacts shall be implemented if they are consistent with overall management
				objectives, and with ARM
				36.11.404 through
				36.11.418.
(b) The department shall consult with the FWP
				to determine which big game habitat values are most likely to be affected by
				proposed management actions, and would cooperate with FWP to limit detrimental
				impacts to big game.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.444 - GRAZING ON CLASSIFIED FOREST LANDS AND OTHER LANDS WITHIN GRIZZLY BEAR RECOVERY ZONES AND NON-RECOVERY OCCUPIED HABITAT (NROH)

Current through Register Vol. 13, July 5, 2024
(1) The department shall inspect grazing
				licenses issued on all classified forest trust lands before the renewal date to
				determine:
(a) range condition;
(b) plant species composition;
(c) riparian forage and browse
				utilization;
(d) streambank
				disturbance;
(e) presence of
				noxious weeds;
(f) erosion; and
(g) condition of improvements.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.445 - WEED MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) On classified
				forest lands the department shall use an integrated pest management approach
				for noxious weed management that includes prevention, education, cultural,
				biological, and chemical methods as appropriate.
(a) The department shall limit herbicide
				applications to areas where herbicides provide a cost-effective means of
				control.
(b) The department shall
				consider new outbreaks of noxious weeds and locations where native plant
				communities are threatened by noxious weed encroachment the first priority for
				control.
(c) The department shall
				submit general re-vegetation plans for land-disturbing projects to county weed
				boards as part of biennial agreements.
(d) The department shall promptly re-vegetate
				road rights-of-way and other disturbed areas with site-adapted species
				including native species, as available.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.446 - FINANCES AND ECONOMICS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall manage forested state trust lands at different levels of intensity
				depending on biological productivity and economic potential. The department
				shall make investments according to trust law to maximize revenue over the
				long-term for the beneficiary, and to accomplish forest management objectives.
(a) The department shall retain flexibility
				in order to produce long-term stable income and pursue other income
				opportunities as guided by changing markets for new and traditional uses. Other
				site-specific income opportunities may occur on a minor amount of forest
				acreage. These uses may diverge from elements of ARM
				36.11.401 through
				36.11.445, but would not
				compromise the overall fundamental premise of managing for biodiversity and
				forest health.