US Lawyer Database

77-5-224. Forest improvement account

77-5-224. Forest improvement account. (1) There is a forest improvement account in the state special revenue fund. (2) Forest improvement fees collected pursuant to 77-5-204 must be deposited in the forest improvement account and accounted for by trust. (3) Funds in the forest improvement account must be invested. Any interest earned must be deposited in the forest improvement […]

77-5-301. Findings and purpose

77-5-301. Findings and purpose. (1) The legislature finds that the streamside management zone: (a) acts as an effective sediment filter to maintain water quality; (b) provides shade to regulate stream temperature; (c) supports diverse and productive aquatic and terrestrial riparian habitats; (d) protects the stream channel and banks; (e) provides large, woody debris that is eventually recruited into a stream to […]

77-5-302. Definitions

77-5-302. Definitions. As used in this part, the following definitions apply: (1) ”Alternative practices” means forest practices that are: (a) conducted in the streamside management zone and that are different from practices required by rules adopted under this part; (b) designed for site-specific conditions encountered during a timber sale; and (c) subject to department approval under 77-5-303. (2) ”Department” means the […]

77-5-303. Standards for forest practices in streamside management zones

77-5-303. Standards for forest practices in streamside management zones. (1) The following practices are prohibited in a streamside management zone: (a) broadcast burning; (b) the operation of wheeled or tracked vehicles except on established roads; (c) the forest practice of clearcutting; (d) the construction of roads except when necessary to cross a stream or wetland; (e) the handling, storage, application, or […]

77-5-212. Commercial permits for timber sale

77-5-212. Commercial permits for timber sale. (1) Permits for quantities of 500,000 board feet or less may be issued to citizens of the state for commercial purposes, at commercial rates, without advertising, and under restrictions and rules that the board may approve for the sale of timber. (2) To apply for a permit under this section, an […]

77-5-304. Inspection — onsite consultation

77-5-304. Inspection — onsite consultation. (1) The department may inspect forest practices on any federal, state, or private land in this state to assess compliance with the provisions of this part and rules adopted pursuant to this part. (2) The department may conduct an onsite consultation with an owner or operator to review harvest plans and watershed […]

77-5-213. Repealed

77-5-213. Repealed. Sec. 8, Ch. 18, L. 1999. History: En. Sec. 7, Ch. 179, L. 1925; re-en. Sec. 1830.7, R.C.M. 1935; amd. Sec. 1, Ch. 217, L. 1955; R.C.M. 1947, 81-1407(part).

77-5-305. Responsibility for compliance — penalties — administrative orders

77-5-305. Responsibility for compliance — penalties — administrative orders. (1) (a) Except as provided in subsection (1)(b), it is the responsibility of the owner to ensure compliance with the provisions of this part and rules adopted pursuant to this part. (b) If a written contract between an owner and an operator specifies that the operator is responsible for […]

77-5-214. Statement of policy

77-5-214. Statement of policy. (1) The application of contract harvesting on Montana’s trust lands provides an opportunity to improve forest health and long-term productivity, increase options for managing forests in environmentally sensitive areas, and provide potential revenue benefits for trust beneficiaries. (2) It is important that the department has clear authorization and direction for conducting contract harvesting, […]

77-5-306. Repealed

77-5-306. Repealed. Sec. 66, Ch. 422, L. 1997. History: En. Sec. 6, Ch. 608, L. 1991.