76-13-401. Definitions. As used in this part, the following definitions apply: (1) ”Certificate of clearance” means a certificate issued by the department acknowledging that the fire hazard has been reduced or managed in accordance with this part and the fire hazard reduction agreement or agreements. (2) ”Contractor” means the person who executes the fire hazard reduction agreement and […]
76-13-402. Basis for management of fire hazards. The fire hazard reduction or management referred to in this part must be carried on by the department in keeping with modern and progressive forest practices and effective fire protection and may include but is not limited to the taking of protective measures to prevent injury or the destruction […]
76-13-403. Supervision by department. The department shall adopt and enforce rules by October 1, 2000, to supervise and inspect the fire hazard reduction or management of all fire hazards created by forest products harvesting, timber stand improvement, and right-of-way clearing on private forest lands in the state, recognizing the benefits of slash retention. History: En. Sec. 5, […]
76-13-404. Repealed. Sec. 13, Ch. 513, L. 1989. History: En. Sec. 7, Ch. 207, L. 1959; amd. Sec. 2, Ch. 147, L. 1971; amd. Sec. 32, Ch. 253, L. 1974; amd. Sec. 7, Ch. 522, L. 1975; R.C.M. 1947, 28-410; amd. Sec. 1, Ch. 670, L. 1979.
76-13-405. Contracts with fire protection agencies. The department is authorized to enter into contracts with fire protection agencies, including agencies of the United States, for fire hazard reduction or management when in its opinion the work can best be accomplished in that manner. History: En. Sec. 8, Ch. 207, L. 1959; amd. Sec. 33, Ch. 253, L. […]
76-13-406. Limitation on liability. The department and other recognized fire protection agencies, including any agency of the United States, with which the department has entered into an agreement for fire hazard reduction or management as provided in 76-13-405 and any officer, official, or employee of the department or other recognized fire protection agency is not liable […]
76-13-407. Reduction of slash and debris along right-of-way. (1) A person clearing right-of-way for any railroad, public highway, public trail, private road, trail, ditch, dike, pipeline or wire lines, or any other transmission or transportation utility right-of-way, except temporary roads located within the boundaries of the cutting area and which are used in the actual logging […]
76-13-408. Fire hazard reduction agreement and bond — bond release and penalty — exemption. (1) Before cutting any forest product, constructing or reconstructing any road in contemplation of cutting any forest product, or conducting timber stand improvement, such as but not limited to precommercial thinning, weeding, or pruning, upon private forest lands within the state, the […]
76-13-409. Duty of purchaser to ensure compliance — statement — bond. (1) The initial purchaser of forest products that have been cut or are about to be cut from any private forest lands within the state shall, before making the purchase or contract to purchase, determine that the person engaged or about to engage in the […]
76-13-410. Failure to comply. (1) If a person fails, refuses, or neglects to properly reduce or manage the fire hazard in accordance with the requirements of 76-13-407 and 76-13-408, the person may be enjoined from further cutting, clearing, and construction operations until the department has found the person to be in compliance with 76-13-407 and 76-13-408. […]
76-13-411. Certificate of clearance. When the department makes a determination of faithful compliance by the contractor with this part, the rules adopted under 76-13-403, and the fire hazard reduction agreement, the contractor must be issued a certificate of clearance by the department and be relieved of any further liability or responsibility for fire hazard reduction or […]
76-13-412. Violations. A person convicted of violating this part, except 76-13-408(4), is guilty of a misdemeanor and shall be fined not less than $100 or more than $1,000. History: En. 28-413 by Sec. 9, Ch. 522, L. 1975; R.C.M. 1947, 28-413; amd. Sec. 7, Ch. 279, L. 1999.
76-13-413. Failure to submit withholding — remedy. (1) If a purchaser does not submit withheld money and required reports on or before the 15th day of the following month as provided in 76-13-409, the purchaser must be notified by certified mail that the purchaser is in noncompliance and be given 15 days to submit all money […]
76-13-414. Fees. (1) In addition to any bond, the department shall charge the contractor fees for administration, inspections, and enforcement work conducted in the exercise of its duties under this part. The fees must be deposited in the state special revenue fund to the credit of the department. (2) (a) The fee for a fire hazard reduction agreement […]
76-13-415. Forestry extension service account — purpose — appropriation. (1) There is a forestry extension service account in the current restricted fund provided for in 17-2-102. (2) There must be deposited in the account: (a) all revenue from the fire hazard reduction agreement provided for in 76-13-414(2)(c); (b) all revenue from the master fire hazard reduction agreement provided for […]
76-13-416. Terminated. Sec. 6, Ch. 61, L. 2011. History: En. Sec. 3, Ch. 61, L. 2011.
76-13-417. Fire hazard reduction fund. (1) There is a fire hazard reduction fund in the state special revenue fund established in 17-2-102. (2) There is deposited in the fund all revenue from forfeited performance bonds provided for in 76-13-410. (3) The fund is statutorily appropriated, as provided in 17-7-502, to the department of natural resources and conservation for […]
76-13-418 and 76-13-419 reserved.
76-13-420. Notification prior to forest practices — department response. (1) An operator or, pursuant to subsection (3), an owner shall notify the department prior to conducting forest practices. The notification may be provided as part of the notification made with respect to an agreement under 76-13-408. (2) (a) Except as provided in subsection (3), within 5 working days, […]
76-13-421. Onsite consultation. (1) The department shall make its decision on whether or not to require an onsite consultation based on whether: (a) the proposed timber sale is in a high-priority location for watershed resources; (b) a consultation could contribute to improved watershed management; and (c) the department has sufficient resources to conduct the consultation. (2) The department shall schedule […]
