reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.609 - FEES: DETERMINATION OF AUTHORITY TO IMPOSE

Current through Register Vol. 13, July 5, 2024
(1) Whenever an application for a lease,
				permit, contract, license, or certificate is expected to result in the agency
				incurring expenses in excess of $2,500 to compile an EIS, the applicant is
				required to pay a fee in an amount the agency reasonably estimates, as set
				forth in this rule, will be expended to gather information and data necessary
				to compile an EIS.
(2) The agency
				shall determine within 30 days after a completed application is filed whether
				it will be necessary to compile an EIS and assess a fee as prescribed by this
				rule. If it is determined that an EIS is necessary, the agency shall make a
				preliminary estimate of its costs. This estimate must include a summary of the
				data and information needs and the itemized costs of acquiring the data and
				information, including salaries, equipment costs, and any other expense
				associated with the collection of data and information for the EIS.
(3) Whenever the preliminary estimated costs
				of acquiring the data and information to prepare an EIS total more than $2,500,
				the agency shall notify the applicant that a fee must be paid and submit an
				itemized preliminary estimate of the cost of acquiring the data and information
				necessary to compile an EIS. The agency shall also notify the applicant to
				prepare and submit a notarized and detailed estimate of the cost of the project
				being reviewed in the EIS within 15 days. In addition, the agency shall request
				the applicant to describe the data and information available or being prepared
				by the applicant which can possibly be used in the EIS. The applicant may
				indicate which of the agency's estimated costs of acquiring data and
				information for the EIS would be duplicative or excessive. The applicant must
				be granted, upon request, an extension of the 15 day period for submission of
				an estimate of the project's cost and a critique of the agency's preliminary
				EIS data and information accumulation cost assessment.
75-1-202, MCA; IMP,
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206, and
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.610 - FEES: DETERMINATION OF AMOUNT

Current through Register Vol. 13, July 5, 2024
(1)
				After receipt of the applicant's estimated cost of the project and analysis of
				an agency's preliminary estimate of the cost of acquiring information and data
				for the EIS, the agency shall notify the applicant within 15 days of the final
				amount of the fee to be assessed. The fee assessed must be based on the
				projected cost of acquiring all of the information and data needed for the EIS.
				If the applicant has gathered or is in the process of gathering information and
				data that can be used in the EIS, the agency shall only use that portion of the
				fee that is needed to verify the information and data. Any unused portion of
				the fee assessed may be returned to the applicant within a reasonable time
				after the information and data have been collected or the information and data
				submitted by the applicant have been verified, but in no event later than the
				deadline specified in these rules. The agency may extend the 15-day period
				provided for review of the applicant's submittal but not to exceed 45 days if
				it believes that the project cost estimate submitted is inaccurate or
				additional information must be obtained to verify the accuracy of the project
				cost estimate. The fee assessed must not exceed the limitations provided in
				75-1-203(2),
				MCA.
(2) If an applicant believes
				that the fee assessed is excessive or does not conform to the requirements of
				this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a
				hearing pursuant to the contested case provisions of the Montana Administrative
				Procedure Act. If a hearing is held on the fee assessed as authorized by this
				subsection, the agency shall proceed with its analysis of the project wherever
				possible. The fact that a hearing has been requested is not grounds for
				delaying consideration of an application except to the extent that the portion
				of the fee in question affects the ability of the department to collect the
				data and information necessary for the EIS.
75-1-202, MCA; IMP,
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206, and
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.6 - Fees for Environmental Impact Statements › Rule 36.2.611 - USE OF FEE

Current through Register Vol. 13, July 5, 2024
(1) The fee
				assessed hereunder may only be used to gather data and information necessary to
				compile an EIS. No fee may be assessed if an agency intends only to compile an
				EA or a programmatic review. If a department collects a fee and later
				determines that additional data and information must be collected or that data
				and information supplied by the applicant and relied upon by the agency are
				inaccurate or invalid, an additional fee may be assessed under the procedures
				outlined in these rules if the maximum fee has not been collected.
(2) Whenever the agency has completed work on
				the EIS, it shall submit to the applicant a complete accounting of how any fee
				was expended. If the money expended is less than the fee collected, the
				remainder of the fee shall be refunded to the applicant without interest within
				45 days after work has been completed on the final EIS.
75-1-202, MCA; IMP,
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206, and
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.7 - Citizen Participation in Agency Decisions › Rule 36.2.701 - POLICIES AND OBJECTIVES IN PROVIDING CITIZEN PARTICIPATION IN THE OPERATION OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

Current through Register Vol. 13, July 5, 2024
(1) Participation of the public is to be
				provided for, encouraged, and assisted to the fullest extent practicable
				consistent with other requirements of state law and the rights and requirements
				of individual privacy. The major objectives of such participation include
				responsiveness of governmental actions to public concerns and priorities, and
				improved public understanding of official programs and actions. Prior to the
				adoption, amendment or repeal of a rule or policy, the board or department
				shall, where the decision is of significant public interest, give adequate
				notice that the decision is to be made and provide a means for public
				participation in the making of the decision.
Sec.
					 2-3-102 and
					 2-15-112, MCA; IMP, Sec.
					 2-3-103,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.801 - POLICY STATEMENT

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this subchapter is to implement Title 22, chapter 3, part 4, MCA, the Montana
				Antiquities Act, through the establishment of administrative procedures. The
				department shall conform to the following rules in the systematic consideration
				of antiquities on state lands prior to reaching a final decision on action
				requiring compliance with the Montana Antiquities Act. These rules are not
				intended to require absolute protection of all antiquities but are meant to
				avoid or mitigate damage to antiquities when feasible.
22-3-424, MCA; IMP,
					 22-3-424,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.802 - DEFINITION OF TERMS

Current through Register Vol. 13, July 5, 2024
As used in this sub-chapter, unless the context clearly
				  indicates otherwise, the additional definitions apply:
(1) "Antiquities" means heritage properties
				or paleontological remains.
(2)
				"Department" means the Montana department of natural resources and
				conservation.
(3) "Effect" means a
				change in the integrity of location, design, materials, workmanship, feeling or
				association of an antiquity that contributes to its significance. The term
				includes isolation from or alteration of the surrounding environment, neglect
				of the property resulting in its deterioration or destruction, transfer or sale
				without adequate conditions or restrictions regarding preservation, maintenance
				or use, and destruction or alteration, either partial or total. For heritage
				properties only, the term includes introduction of visual, audible or
				atmospheric elements that are out of character with the property or alter its
				setting.
(4) "Emergency actions"
				include, but are not limited to:
(a) projects
				to repair or restore property or facilities damaged or destroyed as a result of
				a disaster when a disaster has been declared by the governor or other
				appropriate government entity;
(b)
				repairs to public service facilities necessary to maintain service;
				or
(c) projects, whether public or
				private, undertaken to prevent or mitigate immediate threats to public health,
				safety, welfare, or the environment.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.803 - INITIAL CONSULTATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall consult with SHPO early in any decision making process leading to a
				department action. The department's initial request to SHPO for consultation
				shall include the following information:
(a)
				a description of the proposed department action;
(b) a legal description of the state lands
				affected by the proposed action;
(c) a description of the previous use and
				classification of the lands;
(d)
				physical characteristics of the proposed action area, including slope,
				vegetation, availability of game, and proximity of water, if known, and a
				topographic map, if available;
(e)
				known antiquities and districts, sites, structures, and objects that the
				department determines may be antiquities on the affected state lands;
(f) the effect on known antiquities and
				districts, sites, structures, and objects listed pursuant to (1) (e) above;
				and
(g) proposed mitigation or
				evaluation measures to be taken by the department, if any, prior to or
				following the approval of the action.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.804 - DEPARTMENT CONSIDERATION OF SHPO RECOMMENDATION

Current through Register Vol. 13, July 5, 2024
If SHPO responds to the department's initial consultation
				  request, the department shall consider that response and determine if actions
				  other than those proposed in its initial consultation request pursuant to ARM
				  36.2.803(1) (g)
				  are appropriate. The determination of whether to implement SHPO's
				  recommendations rests solely with the department. The department shall follow
				  the following procedure:
(1) If SHPO
				recommends a professional antiquities survey and:
(a) the department accepts that
				recommendation, the department shall cause a survey to be conducted and conduct
				a post-survey consultation in accordance with ARM
				36.2.805; or
(b) the department rejects that
				recommendation, the department shall notify SHPO of its determination in
				writing and document therein its reasons and the level of identification and
				protection of the antiquities that will be required. The department may not
				proceed with the proposed action until five working days after written notice
				to SHPO. The department shall afford or require for the antiquities the highest
				degree of identification and protection feasible within the constraints of
				time, personnel, budget, and its trust responsibilities.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.805 - POST-SURVEY CONSULTATION

Current through Register Vol. 13, July 5, 2024
(1) If the
				department requires a professional survey, it shall file with the SHPO all
				survey reports, including maps, photographs and site forms, immediately upon
				receipt of the final survey report. An analysis of site value must be included
				in the survey report. The department shall also request a written determination
				from SHPO of which properties, if any, identified in the survey are
				antiquities; which antiquities, if any, may be affected by the department
				action; and comments on the plan of avoidance, mitigation, or
				documentation.
(2) Unless the
				department receives comments from SHPO regarding its assessment and proposal
				for mitigation, avoidance, or documentation within 15 working days of the
				delivery of the department's assessment and proposal to SHPO, the department
				may consider the consultation complete and may proceed with its consideration
				of the proposed action. The department may extend this deadline for those
				assessments that involve large or complex proposals.
(3) If SHPO responds to the consultation
				request within the time limits and:
(a) the
				department's determination is to implement all SHPO's recommendations, if any,
				the department shall notify SHPO of its determination in writing, implement the
				recommendations, proceed with the department action; or
(b) the department's determination is to not
				implement all or part of SHPO's recommendations, the department shall notify
				SHPO of its determination in writing documenting therein its reasons and the
				level of identification and protection of antiquities that will be required.
				The department shall afford or require for the antiquities the highest degree
				of identification and protection feasible within the constraints of time,
				personnel, budget, and its trust responsibilities. The department may not
				proceed with the proposed action until five working days after delivery of
				written notice to SHPO. If the department receives written notice from SHPO
				that SHPO continues to disagree with the department's decision, the department
				shall consult with SHPO in person or by telephone. The department shall
				document the substance of SHPO's comments and the department's response and may
				then proceed with mitigation and the action.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.807 - DISCOVERY OF ANTIQUITIES AFTER COMMENCEMENT OF PROJECT

Current through Register Vol. 13, July 5, 2024
(1) As is required in part by
				22-3-435, MCA, a person who
				discovers antiquities on state lands administered by the department or who
				finds that an operation licensed or otherwise entitled by the department may
				damage antiquities on state lands administered by the department shall
				immediately cease any activity that may affect the antiquities, promptly report
				the discovery or finding to SHPO and the department, and take all reasonable
				steps to preserve the antiquities.
(2) If a determination that no antiquities
				are present was made prior to commencement of a project, but possible
				antiquities are subsequently discovered during implementation of the agency
				action, the department shall:
(a) cause work
				on the project that could alter the possible antiquities to immediately halt
				and not resume until the consultation process is completed;
(b) conduct a preliminary evaluation to
				determine whether the properties identified are antiquities and, if so,
				appropriate protection or mitigation measures;
(c) notify SHPO of the discovery and request
				concurrence with preliminary evaluations and any mitigation measures
				proposed.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.808 - DEPOSIT OF MATERIALS RELATED TO ANTIQUITIES SITES

Current through Register Vol. 13, July 5, 2024
(1) The department shall deposit with SHPO
				all inventory reports produced during site or structure identification and
				evaluation, and other pertinent documents generated during mitigation, unless
				otherwise agreed by SHPO. These materials include maps, architectural plans,
				photographs, and inventory site forms. The department shall, when possible,
				provide for the deposition of cultural and paleontological materials through
				curation agreements with the Montana historical society, the Montana university
				system, or another college, university, or museum.
22-3-424, MCA; IMP,
					 22-3-424,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.810 - ANTIQUITIES PERMIT REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) As
				provided in
				22-3-432, MCA, no person may
				excavate, remove, or restore any antiquities on state land administered by the
				department unless he has secured an antiquities permit from SHPO.
22-3-424, MCA; IMP,
					 22-3-432,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.812 - PROGRAMMATIC MEMORANDUM OF UNDERSTANDING

Current through Register Vol. 13, July 5, 2024
(1)
				On a site-specific or project-type basis and with good cause, the department
				may propose to SHPO procedures which differ from those outlined above.
				Alternative procedures agreed to by the department and SHPO may be incorporated
				into a memorandum of agreement signed by both parties.
22-3-424, MCA; IMP,
					 22-3-424,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.8 - Antiquities on State Lands › Rule 36.2.813 - EMERGENCY ACTION

Current through Register Vol. 13, July 5, 2024
(1) The department
				may take or permit action substantially altering antiquities on state lands
				that it administers without consultation with the SHPO in an emergency
				situation. The department shall provide whatever protection and recordation is
				possible, given the exigencies of the situation. Within five days or as soon
				thereafter as possible following initiation of the action, the department shall
				notify SHPO of the need for and the results of the action.
22-3-424, MCA; IMP,
					 22-3-424,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.9 - Ownership Records for Non School Trust Land › Rule 36.2.901 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The following rules and procedures were
				developed to implement the provisions of Chapter 467, L. 1987,
				77-1-701, et seq., MCA. These
				statutory provisions provide, with some exceptions, that ownership records
				pertaining to non-trust state-owned land administered by other state agencies
				be filed with the department of natural resources and conservation and recorded
				in a centrally maintained filing system.
77-1-707, MCA; IMP,
					 77-1-703 and
					 77-1-704,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.9 - Ownership Records for Non School Trust Land › Rule 36.2.902 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise in these rules the
				  following definitions apply:
(1)
				"Board" means the board of land commissioners provided for in Article X,
				section 4 of the Constitution of this state.
(2) "Central record repository" means the
				site at the department of natural resources and conservation at which all
				ownership records will be stored.
(3) "Department" means the department of
				natural resources and conservation.
(4) "Director" means the director of the
				department of natural resources and conservation.
77-1-707, MCA; IMP,
					 77-1-705 and
					 77-1-707,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.9 - Ownership Records for Non School Trust Land › Rule 36.2.903 - FILING OF OWNERSHIP RECORDS

Current through Register Vol. 13, July 5, 2024
(1) As provided
				in 77-1-703, MCA, state agencies
				shall file with the department ownership records of state lands held, disposed
				of, or purchased by the agency.
77-1-707, MCA; IMP,
					 77-1-703 and
					 77-1-706,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.9 - Ownership Records for Non School Trust Land › Rule 36.2.904 - DEPARTMENT TO MAINTAIN CENTRAL RECORD DEPOSITORY

Current through Register Vol. 13, July 5, 2024
(1) The department shall make available a
				copy of each state agency's land ownership no more than once a year to the
				administering agency.
77-1-707, MCA; IMP,
					 77-1-704,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.9 - Ownership Records for Non School Trust Land › Rule 36.2.905 - INDEX AND VERIFICATION OF OWNERSHIP RECORDS

Current through Register Vol. 13, July 5, 2024
(1) All state agencies within sixty days of
				acquiring or disposing of state lands shall be required to provide to the
				department an accurate record of such transaction. At the same time an agency
				provides the department with ownership records regarding acquisition or
				disposal of state lands, they must also, on a form prescribed by the
				department, provide the following information:
(a) a legal description of the
				land;
(b) when the land was
				acquired or disposed of;
(c) name
				of the state agency administering or disposing of the land;
(d) name of the grantor and grantee of the
				land;
(e) a completed record of all
				subsurface and mineral rights on the land.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.10 - General State Land Rules › Rule 36.2.1001 - LEASING OR OTHER USE OF STATE LANDS

Current through Register Vol. 13, July 5, 2024
(1) The
				department issues leases, rights-of-way and easements, and permits and licenses
				for all uses of state land including the prospecting for or extraction of
				minerals including oil and gas. All leases, rights-of-way and easements, and
				permits and licenses granted are classified according to their purposes.
(a) Leases are classified as agricultural and
				grazing, commercial, and non-commercial; oil, gas, coal, gravel, borrow,
				uranium, metalliferous, and nonmetalliferous prospecting and production; other
				similar uses.
(b) Rights-of-way and
				easements are classified as public and private highways, streets, ditches,
				reservoirs, railroads, roads, telegraph, telephone and electric power lines;
				projects for flood control, river regulation, conservation of water,
				irrigation, reclamation; sites for schoolhouses, parks, community buildings,
				and cemeteries; other similar uses.
(c) Permits and licenses are classified as
				gravel, shale, borrow, and riprap production; signs, landfill dumps, temporary
				access, and prospecting; other similar uses.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.10 - General State Land Rules › Rule 36.2.1002 - SALE OF STATE LANDS

Current through Register Vol. 13, July 5, 2024
(1) State lands may
				be offered for sale whenever it is in the best interest of the state as
				determined by the board. Inquiries regarding the sale of state lands may be
				addressed to the director. Application requirements are as prescribed by the
				department not inconsistent with law and rules of the board.
77-2-327,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.10 - General State Land Rules › Rule 36.2.1003 - SCHEDULE OF FEES

Current through Register Vol. 13, July 5, 2024
The department of natural resources and conservation shall
				  collect the following non-refundable administrative fees:
(1) Grazing/Agriculture Lease
							 Application
$25.00
(2) Grazing/Agriculture Lease Assignment
50.00
(3) Grazing/Agriculture Sublease Application
25.00
(4) Grazing/Agriculture Collateral Assignment
$25.00
(5) Grazing/Agriculture Lease Renewal Application
25.00
(6) Seismic Permit Application
50.00
(7) Oil and Gas Lease Application
15.00
(8) Oil and Gas Lease Issuance
25.00
(9) Oil and Gas Lease Assignment
25.00
(10) Oil and Gas Unit Agreement Issuance
25.00
(11) All other Mineral Lease Application
50.00
(12) All other Mineral Lease Renewal Application
25.00
(13) All other Mineral Lease Assignments
50.00
(14) Sand, Gravel, et al Permit Application
25.00
(15) Geothermal Lease Application
25.00
(16) Geothermal Lease Renewal Application
25.00
(17) Geothermal Lease Assignment
25.00
(18) Homesite/Cabinsite Lease Application
25.00
(19) Homesite/Cabinsite Lease Renewal Application
25.00
(20) Homesite/Cabinsite Lease Assignment
25.00
(21) Commercial Lease Application
50.00
(22) Commercial Lease Renewal
50.00
(23) Commercial Lease Assignment
50.00
(24) Special Land Use License Application
25.00
(25) Special Land Use License Assignment
25.00
(26) Special Land Use License Renewal
25.00
(27) Private Land Exchange Application
100.00
(28) Land Sale Application
100.00
(29) Land Sale Contract Issuance
50.00
(30) Land Sale Patent Issuance
50.00
(31) Land Sale Assignment (Contract or Patent)
50.00
(32) Land Sale Reinstatement
50.00
(33) Easement Application
50.00
(34) Easement Assignment
50.00
(35) Certified Copy of original
10.00
(36) Other copies documents (per page)
1.00
(37) Computer charges $10.00 minimum or Actual Cost
							 plus 10% handling.
(38) Pasturing Agreement Application
25.00
2-4-201,
					 77-1-302, MCA; IMP,
					 77-1-302,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.10 - General State Land Rules › Rule 36.2.1004 - HOMESITE AND FARMYARD LEASES

Current through Register Vol. 13, July 5, 2024
(1) Upon
				issuance of a homesite or farmyard lease, all lands included in such lease
				shall be reclassified as Class IV. Grazing lands are in Class I; timber and/or
				watershed lands are in Class II; agriculture lands are in Class III; all other
				lands are in Class IV. The established rental shall be based on the land values
				involved in each case.
(2) Acreage
				of access roads shall be included in all homesite or farmyard leases and shall
				be classified as the homesite or farmyard acreage is classified.
(3) A homesite is defined as land occupied or
				to be occupied by a dwelling, whether temporary or principal place of
				residence, and the supporting buildings in the immediate vicinity, if
				any.
(4) The department shall
				chain, or measure in feet, the area to be included in the lease. Each corner of
				the homesite, or farmyard, shall be identified by a method to be determined by
				the department.
(a) A plat shall be made that
				will include all measurements and identified corners.
(b) The plat will include, with other
				information, the locations, width and length of the access road.
(c) Final lease acreage computation will be
				computed by the department.
(d)
				Acres will be identified in terms of acres within the smallest legal
				description possible. (Example: 7.80 acres within the
				SW¼NE¼SW¼, of section, township, range.)
(e) Acres in access road, if applicable, will
				be computed separately but will be included in total lease acres.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.10 - General State Land Rules › Rule 36.2.1005 - MINIMUM EASEMENT CHARGES

Current through Register Vol. 13, July 5, 2024
(1) The minimum
				land value charge for a right-of-way easement is the market value of the area
				encumbered by the easement or $100.00 per section, whichever is
				greater.
(2) The $100.00 land
				charge minimum shall apply regardless of the amount of state ownership within a
				section. The state shall also collect the amount of the actual damages
				resulting to the remaining land or lands from the granting of an easement as
				nearly as the damages can be ascertained.
76-13-403, MCA; IMP,
					 77-2-106,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.6 - SOIL CONSERVATION DISTRICTS › Subchapter 36.6.1 - Referendum on Question of Creating District › Rule 36.6.101 - CONDUCT OF REFERENDUM

Current through Register Vol. 13, July 5, 2024
(1)
(a) The department shall appoint an election
				administrator who may be the county election administrator.
(b) The election administrator shall appoint
				at least two election judges for each polling place.
(c) The election administrator and election
				judges shall take an oath or affirmation of office.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.6 - SOIL CONSERVATION DISTRICTS › Subchapter 36.6.2 - Soil Conservation District Supervisor Elections › Rule 36.6.201 - CONDUCT OF DISTRICT SUPERVISOR ELECTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-15-321, MCA; IMP,
					 76-15-302 through
					 76-15-304,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.6 - SOIL CONSERVATION DISTRICTS › Subchapter 36.6.2 - Soil Conservation District Supervisor Elections › Rule 36.6.202 - FORMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
76-15-321, MCA; IMP,
					 76-15-302 through
					 76-15-304,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.1604 - Service Area Utilities, Pooling, Interconnection, Exchange, Purchase and Sale Agreements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.504
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.1605 - Service Area Utilities, Negotiations Over Resource Acquisition or Sale, Pooling, Interconnection, Transmission, Exchange, Purchase or Sale of Energy

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.505
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.1803 - Contents of Notice of Request for Waiver Pursuant to 75-20-304(1) , MCA

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.603
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.1804 - Contents of Notice of Request for Waiver Pursuant to 75-20-304(2) , MCA

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.604
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.1805 - Contents of Notice of Request for Waiver of Requirements Relating to Consideration of Alternative Sites Pursuant to 75-20-304(3) , MCA

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.605
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.1807 - Content of an Application Following Receipt of Waiver Pursuant to ;75-20-44(3) , MCA

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.607
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2110 - Energy Generation and Conversion Facilities, Estimated Cost of Energy or Product

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.812
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2114 - All Facilities, Service Area Utilities, Copies of Contracts for Purchase of Materials or Sale of Energy from the Proposed Facility

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.816
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2203 - Generation and Conversion Facilities, Pooling, Interconnection, Exchange, Purchase and Sale Agreements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.903
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2204 - Generation and Conversion Facilities, Data Requirements for Energy and Peak Demands

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.904
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2205 - Generation and Conversion Facilities, Assessment of the Role of the Proposed Facility in Meeting Energy Needs

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.905
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2208 - Generation and Conversion Facilities, Interruptible and Curtailable Load Data

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.908
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2209 - Generation and Conversion Facilities, Destination and Distribution Patterns of Energy to be Produced

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.909
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2211 - Generation and Conversion Facilities, Categories for Reporting Customer End-Use Data

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.911
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2218 - All Facilities, Pooling, Interconnection, Exchange, Purchase, and Sale Agreements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.929
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2401 - Service Area Utilities, Generation and Conversion Facilities, Evaluation of Alternatives

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1301
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2402 - Service Area Utilities, Generation and Conversion Facilities, Criteria for Evaluation of Alternatives to the Proposed Facility

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1302
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2403 - Service Area Utilities, Generation and Conversion Facilities, Evaluation of Alternative Load-Resource Balances

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1303
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2404 - Competitive Utilities and Nonutilities, Generation and Conversion Facilities, Evaluation of Alternatives

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1309
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2405 - Competitive Utilities and Nonutilities, Generation and Conversion Facilities, Criteria for Evaluation of Alternatives to the Proposed Facility

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1310
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2410 - Service Area Utilities, Electric Transmission Lines, Evaluation of Alternatives

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1304
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2411 - Service Area Utilities, Electric Transmission Lines, Criteria For Evaluation of Alternatives

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1305
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2501 - Energy Generation and Conversion Facilities, General Requirements of the Alternative Siting Study

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1401
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2502 - Energy Generation and Conversion Facilities, Preferred Site Criteria

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1402
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2506 - Energy Generation and Conversion Facilities, Delineation of the Study Area

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1408
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2507 - Energy Generation and Conversion Facilities, Analysis of Delivered Cost of Energy in the Study Area

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1409
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2508 - Energy Generation and Conversion Facilities, Identification of Economically Feasible Siting Areas

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1410
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2510 - Energy Generation and Conversion Facilities, Selection of Candidate Siting Areas

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1412
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2511 - Energy Generation and Conversion Facilities, Inventory, General Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1415
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2512 - Energy Generation and Conversion Facilities, Inventory, Environmental Information

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1416
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2514 - Energy Generation and Conversion Facilities, Baseline Study, General Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1418
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2515 - Energy Generation and Conversion Facilities, Baseline Data Requirements and Impact Assessment

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1419
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2516 - Energy Generation and Conversion Facilities, Comparison of Alternative Sites

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1420
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2517 - Energy Generation and Conversion Facilities, Selection of the Preferred Site

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1421
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2530 - Linear Facilities, General Requirements of the Alternative Siting Study

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1426
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2534 - Linear Facilities, Electric Transmission Lines, Areas of Concern

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1430
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2535 - Linear Facilities, Pipelines, Sensitive Areas and Areas of Concern

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1431
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2544 - Linear Facilities, Electric Transmission Lines, Baseline Data Requirements and Impact Assessment

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1444
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.2545 - Linear Facilities, Pipelines, Baseline Data Requirements and Impact Assessment

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1445
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.3001 - Energy Generation and Conversion Facilities, General Requirements of the Facility Description and Design

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1501
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.3004 - Energy Generation and Conversion Facilities, Operation and Maintenance Analysis

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1504
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.3005 - Energy Generation and Conversion Facilities, Decommissioning Methods

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1505
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.3502 - Energy Generation and Conversion Facilities, Service Area Utilities, Need Standard

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1601
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.3503 - Energy Generation and Conversion Facilities, Competitive Utilities, Need Standard

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1602
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.3505 - All Facilities, Utilities, Public Interest, Convenience and Necessity Standard

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1604
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.7 - MAJOR FACILITY SITING (TRANSFERRED TO ENVIRONMENTAL QUALITY, TITLE 17) › Rule 36.7.4002 - Centerline Evaluation in an Approved Route or Corridor-General Requirements

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				17.20.1702