Montana Code Annotated 2023



Part 3. Streamside Management Zones


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 department of natural resources and conservation provided for in 2-15-3301.

(3) "Forest practices" means, within a timber sale, the harvesting of trees, road construction or reconstruction associated with harvesting and accessing trees, site preparation for regeneration of a timber stand, reforestation, and management of logging slash. The term does not include activities related to the operation of a Christmas tree farm or nursery that do not involve new road construction.

(4) "Operator" means a person responsible for conducting forest practices. An operator may be the owner or a person who, through contractual agreement with the owner, is obligated to or entitled to conduct forest practices or carry out a timber sale.

(5) "Owner" means an individual, firm, partnership, corporation, or association of any nature that holds an ownership interest in forest land or timber.

(6) "Person" means an individual, firm, partnership, company, commercial entity, corporation, or association.

(7) "Stream" means a natural watercourse of perceptible extent that has a generally sandy or rocky bottom or definite banks and that confines and conducts continuously or intermittently flowing water.

(8) "Streamside management zone" or "zone" means a stream, lake, or other body of water and an adjacent area of varying width where management practices that might affect wildlife habitat or water quality, fish, or other aquatic resources need to be modified. The streamside management zone encompasses a strip at least 50 feet wide on each side of a stream, lake, or other body of water, measured from the ordinary high-water mark, and extends beyond the high-water mark to include wetlands and areas that provide additional protection in zones with steep slopes or erosive soils.

(9) "Timber sale" means a series of forest practices designed to access, harvest, or regenerate trees on a defined land area for commercial purposes.

History: En. Sec. 2, Ch. 608, L. 1991; amd. Sec. 1, Ch. 320, L. 1993; amd. Sec. 325, Ch. 418, L. 1995.