76-13-101. Purpose. (1) (a) It is the purpose of part 2 and this part to provide for: (i) the protection and conservation of natural resources, range, and water; and (ii) the prevention of soil erosion. (b) It is further the purpose of part 2 and this part to more adequately promote and facilitate the cooperation, financial and otherwise, between the […]
76-13-102. Definitions. Unless the context requires otherwise, in part 2 and this part, the following definitions apply: (1) ”Conservation” means the protection and wise use of forest, range, water, and soil resources in keeping with the common welfare of the people of this state. (2) ”Department” means the department of natural resources and conservation provided for in Title […]
76-13-103. Applicability. Part 2 and this part apply to all state and private lands within this state that are susceptible to wildfire, as determined by the department. History: En. Sec. 4, Ch. 128, L. 1939; amd. Sec. 3, Ch. 141, L. 1941; amd. Sec. 1, Ch. 94, L. 1959; amd. Sec. 3, Ch. 253, L. 1974; R.C.M. […]
76-13-104. Functions of department — rulemaking. (1) (a) The department has the duty to ensure the protection of land under state and private ownership and to suppress wildfires on land under state and private ownership. Fees may not be collected for this purpose except fees provided for in 76-13-201. (b) The department may engage in wildfire initial attack […]
76-13-105. Protection of lands and improvements from fire. (1) Nonforest lands and improvements may be protected by the department when requested by the landowner at rates determined by the department in those areas where a recognized agency is available. (2) Land classified as forest land under 76-13-107 that is within a wildland fire protection district, as provided […]
76-13-106. Repealed. Sec. 30, Ch. 336, L. 2007. History: En. Sec. 22, Ch. 128, L. 1939; amd. Sec. 15, Ch. 253, L. 1974; amd. Sec. 10, Ch. 397, L. 1977; R.C.M. 1947, 28-122; amd. Sec. 5, Ch. 529, L. 1981.
76-13-107. Classification of forest lands. The department may classify the forest land areas of the state for which conservation and fire protection measures are reasonably required and change or modify the classification from time to time as in its judgment is proper. History: En. Sec. 6, Ch. 128, L. 1939; amd. Sec. 5, Ch. 253, L. 1974; […]
76-13-108. Person responsible for performance of duties. (1) If the owner does not appear upon the public records as the holder of the legal title to the land or timber, the owner is nevertheless primarily responsible for the performance of the acts and duties imposed upon the owner by part 2 and this part. (2) When the […]
76-13-109. Repealed. Sec. 30, Ch. 336, L. 2007. History: En. Sec. 5, Ch. 128, L. 1939; amd. Sec. 1, Ch. 90, L. 1959; amd. Sec. 1, Ch. 83, L. 1963; amd. Sec. 1, Ch. 149, L. 1967; amd. Sec. 4, Ch. 253, L. 1974; amd. Sec. 2, Ch. 397, L. 1977; R.C.M. 1947, 28-105(2); amd. Sec. 6, […]
76-13-110. Owner’s right to department hearing. (1) An owner of forest land is entitled to a hearing before the department, after a request for a hearing, on any subject pertaining to the activities of the department or any recognized agency as agent of the department affecting the owner’s property. A request for a hearing before the […]
76-13-111. Permissible expenditures. (1) The following funds may be expended as directed by the department for fire prevention, detection, and suppression and for forest range, water, and soil conservation: (a) all moneys collected by county treasurers as assessments on forest lands for forest protection; (b) moneys collected for the abatement of public nuisances; (c) all fines collected, except those […]
76-13-112. Penalty for violation. Unless otherwise provided by this part or part 2, a person who violates this part or part 2 or any rule adopted pursuant to this part or part 2 is guilty of a misdemeanor and shall be punished by a fine of not more than $500 or imprisonment in a county jail […]
76-13-113. Destruction of signs. Any person who shall destroy, deface, remove, injure, or disfigure any sign, placard, proclamation, order, warning, or notice issued by any federal, state, or forest protection agency under the provisions of this part or part 2 and erected or posted at any point in the state shall be guilty of a misdemeanor. […]
76-13-114. Disposition of fines. Fines collected in a court of the state under part 2 or this part, except those collected in a justice’s court, must be transferred to the department of revenue for deposit in the state special revenue fund. When a person is convicted in any court of a violation of part 2 or […]
76-13-115. State fire policy. The legislature finds and declares that: (1) the safety of the public and of firefighters is paramount in all wildfire suppression activities; (2) it is a priority to minimize property and resource loss resulting from wildfire and to minimize expense to Montana taxpayers, which is generally accomplished through an aggressive and rapid initial attack […]
76-13-116. Duties of firewardens — liability. (1) In addition to the duties prescribed by rule pursuant to 76-13-104(7), a firewarden appointed by the department shall promptly report all fires to the department, take immediate and active steps toward their extinguishment, report any violation of the provisions of Title 76, chapter 13, parts 1 and 2, and […]
76-13-117. Terminated. Sec. 6, Ch. 425, L. 2015. History: En. Sec. 1, Ch. 425, L. 2015.
76-13-118. Terminated. Sec. 6, Ch. 425, L. 2015. History: En. Sec. 2, Ch. 425, L. 2015.
76-13-119. Exemption from environmental review. The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when granting federal, state, or private funds for authorized grant activities on private, county, or municipal lands to conserve habitat, reduce wildfire risk, or improve forest health. History: En. Sec. 1, Ch. 169, L. 2021.
76-13-120 reserved.
