(1) Forest lands for fire protection purposes is defined as any land which has in the judgement of the department a fire menace to life or property, provided that grassland and agricultural areas are included when such areas are intermingled with or contiguous to areas of forest land. The attached map indicates forest land areas in Montana for forest fire protection by the department.

(2) Class I Land shall include all forest lands primarily suitable for production of timber and forest land primarily suitable for joint use for timber production and the grazing of livestock as a permanent or semi-permanent joint use or as a temporary joint use during the interim between logging and reforestation.

(a) Detailed definition. Class I Forest Lands include:

(i) lands which are at least 10% stocked by trees of any size and capable of producing timber or other wood products;

(ii) land from which the trees described in (i) have been removed to less than 10% stocking but which have not been developed for other use;

(iii) land not necessarily producing timber or other wood products, but 10% stocked with conifer trees and generally surrounded by land described in (i) and (ii) above. This land is not primarily suitable for grazing or other agricultural purposes;

(iv) areas producing good individual trees strewn with boulders or cliffs restricting harvest of products, but the trees are in themselves commercial; or

(v) cottonwood and other hardwood cover types only when adjacent to land described in (i) , (ii) , or (iii) above.

(b) Detailed definition. Class II shall include:

(i) lands primarily suitable for grazing, range lands, which are intermingled with or contiguous to Class I;

(ii) lands primarily suitable for other agricultural purposes which are intermingled with or contiguous to Class I agricultural cropland only when the area is adjacent to Class I or intermingled therewith;

(iii) lands primarily grazing but covered with cottonwood, intermingled with other Class II;

(iv)gold-dredge lands;

(v)alpine rock areas, bare rock and grass intermingled; or

(vi) non-commercial forest land when this land area is producing scattered individual or groups of trees but not having the soil, water, weather, aspect, and other factors needed for growing usable sawtimber, i.e., short, scrubby slow growing, and few, if any, of the stems will make a sawlog. "Contiguous" includes land within one-half mile of Class I lands bounded by suitable road, stream, firebreak, or forty line.

(4) Class 0 Land is other lands that do not meet the definitions of Class I and II lands. (Cottonwood and other hardwood when isolated from forest lands as defined above shall not in itself warrant a district) . Areas in which the concentration of residences and other buildings in the opinion of the administrator, DIVISION of forestry, makes the primary fire protection problem one of structural fires rather than forest fires will not be classified as forest land. For the purposes of this classification, a boundary shall be established eliminating the area from the district.

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The black areas on this map indicate the forest land areas in Montana classified for forest fire protection by the State Forestry Board.� In addition to the federal ownerships, the classified areas include 12,527,469 acres of state land and privately owned lands.

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This rule has been repealed.

This rule has been repealed.

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This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

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This rule has been repealed.

This rule has been repealed.

(2) Permits to enter upon such areas during the closure may be issued by the recognized agency upon a showing of real need by the applicant. Permits may be issued to those persons having actual residence as a permanent or principal place of abode in the forest lands designated or to persons engaged in non-fire hazardous employment.

(3) However, no permit may be required of persons engaged in either firefighting, fire prevention, or law enforcement who are engaged in official business.

(2) All burning must comply with the department of environmental quality or state/county/local open burning regulations.

(3) Written authorization is not required for campfires.

(2) All campfires must be constructed in cleared or bare areas, and not allowed to spread beyond the established ring, pit, grate, or container.

(3) Anyone igniting a campfire is required to have fire tools listed in ARM 36.10.130(4) .

(a) automobiles and light trucks of less than 23,000 GVW when all exhaust gases pass through a properly installed and maintained exhaust system, baffle-type muffler, and tailpipe. Vehicles with glass-pack mufflers do not qualify for the exemption;

(b) heavy-duty trucks of 23,000 GVW or greater, with a muffler and vertical stack exhaust system extending above the cab; and

(c) vehicles with other spark-arresting systems providing equal or increased effectiveness. Such vehicles must be inspected and have written authorization from the recognized fire protection agency.

(2) Equipment used for commercial, ranching, or industrial activities must meet the fire extinguisher and tool requirements listed in ARM 36.10.130(5) .

(2) Smoking is allowed only at areas free of flammable or combustible material. Examples of these areas include a graveled road or an enclosed vehicle.

(1) County governments without standards related to development in the wildland-urban interface (WUI) are encouraged to establish standards by October 1, 2010.

(2) The Guidelines for Development within the Wildland Urban Interface (DNRC, 2009) are available for use to assist counties in the development of standards.

(3) Counties that do not adopt the Guidelines for Development within the Wildland-Urban Interface by October 1, 2010, will not be eligible to receive grants or funding assistance from the department for purposes of development in the wildland-urban interface.

(1) Chainsaw operators shall carry a fully charged and operable fire extinguisher, minimum-capacity 8-ounce liquid or 1-pound dry chemical, with a 4BC or higher rating.

(2) Vehicles and equipment, mobile or stationary, with a combustion engine/motor used for commercial, ranching, or industrial activities must have one operable, dry-chemical fire extinguisher with a minimum 2-1/2 pound capacity and 4BC or higher rating.

(3) Chainsaw operators shall maintain one usable shovel at chainsaw-fueling sites.

(4) All persons igniting a campfire shall have one usable shovel and bucket. Persons igniting a barbecue need not have a shovel or bucket if the ashes are not removed from the container and the ashes or container are not placed on or near combustible material.

(5) All commercial, ranching, or industrial activities must have:

(a) One usable shovel or pulaski with each vehicle and equipment with an internal combustion engine/motor, mobile or stationary.

(b) One backpack pump with each vehicle and with any equipment, mobile or stationary, used off road, with an internal combustion engine/motor, that cannot be used to build fireline and is being operated on combustible material.

(6) Other types of firefighting tools that provide increased efficiency or effectiveness may be substituted by written authorization from the recognized fire-protection agency. For example, a "combi" firefighting tool may be substituted for a shovel or pulaski.

Unless the context requires otherwise, to aid in the implementation of the forest fire rules and regulations and as used in these rules:

(1) "Backpack pump" means a 5-gallon minimum, standard galvanized metal, fiberglass, or rubberized backpack water container with attached handpump; full of water at all times.

(2) "Bucket" means a metal, plastic, canvas, or fiberglass container capable of holding at least one gallon of water. Motorcycle helmets qualify.

(3) "Campfire" means a fire set for cooking, warming, or ceremonial purposes which meets the following criteria:

(a) not more than three feet in diameter or height;

(b) void of overhanging branches;

(c) all combustible material is cleared at least one and one-half times the diameter of the fire; or

(d) a barbecue in a noncombustible container.

(4) "Combi tool" means a tool combining a shovel and pick.

(5) "Department," as defined in 76-13-102(2), MCA, means the Department of Natural Resources and Conservation as provided for in 2-15-3301, MCA.

(6) "Firewarden" includes the following:

(a) a person employed by a local government fire protection entity provided for in Title 7, chapter 33, MCA, by the state of Montana, by the federal government, or by any other governmental or nongovernmental entity the department recognizes as a fire-protection agency. A firewarden must meet the qualifications of a firewarden as provided in 76-13-116, MCA, and ARM 36.10.133; and

(b) "firefighter," as that term is used in ARM 36.10.134.

(7) "Fireworks" means as defined in 50-37-101, MCA.

(8) "Forested land" means land that has been classified as forest land by the department and has enough timber, standing or down, slash, or brush to constitute in the judgment of the department a fire menace to life or property. Grassland and agricultural areas are included when those areas are intermingled with, or contiguous to and no further than one-half mile from areas of forest land.

(9) "Hazard" means a condition that promotes the ignition and/or spread of a wildland fire.

(10) "Open fire" means the burning of a bonfire, rubbish fire, or other fire in an outdoor location where fuel being burned is not contained in a closed incinerator, or outdoor fireplace. Barbecue pits and burn barrels are considered open fires and therefore require a burning permit (see ARM 36.10.123).  

(11) "Pulaski" means an ax with a medium size sharp grub hoe opposite the ax blade.

(12) "Recognized agency" means an agency organized for the purpose of providing fire protection and recognized by the department as giving adequate fire protection to lands in accordance with rules adopted by the department.

(13) "Risk" means an action or device that could cause a wildland fire to ignite.

(14) "Shovel" means vehicle, equipment, and chainsaw operator shovels that have a minimum overall length of 36 inches and a round pointed shovel head with a minimum width of six inches.

(a) Shovels required for campfires must be at least 24 inches in length with a pointed shovel head. Folding handles qualify.

(2) To qualify as a firewarden, a person must possess knowledge of wildland fires and be able to prevent, detect, suppress, or investigate wildland fires, and to coordinate, or in any manner facilitate, the furtherance of the fire policy provided for in 76-13-115, MCA.

(3) In addition to the duties prescribed in 76-13-116, MCA, a firewarden is responsible for carrying out the following duties:

(a) perform as a liaison between local, state, and federal agencies, incident management teams, and suppression forces as relates to wildland fire;

(b) coordinate training, prevention, detection, suppression, or mitigation of wildland fire activities between local, state, and federally recognized fire-protection agencies; and

(c) assist in determining the origin and cause of wildland fires and in recovering wildland fire-suppression costs and, if necessary, assist with the criminal prosecution of wildland fire-related criminal offenses.

(1) The department shall pay reasonable attorney fees and costs for outside legal counsel to defend a firefighter employed by the department against a criminal prosecution for a good faith act or omission by the firefighter arising from the firefighter's performance of duties during a wildfire. The department may determine whether the firefighter's act or omission was in good faith and arising from the performance of the firefighter's duties during a wildfire. The requirement to pay attorney fees and costs does not apply to any post-conviction legal proceedings.

(a) In determining whether a firefighter's act or omission was in good faith and arose from the firefighter's performance of duties during a wildfire, the department will consider, in addition to the factors contained in ARM 36.10.133(2) and (3), any other factors that the department determines are, on a case-by-case basis, relevant to that determination.

(2) In determining whether attorneys fees and costs are reasonable, the department will compare those charged with those that have been, or are normally charged under the circumstances in the county in which the criminal defense takes place, or if the department considers it necessary, those that are charged within the state or in states surrounding Montana.

(a) The department will take into account the complexity of a criminal defense in determining whether attorneys fees and costs are reasonable.

(b) The department will not pay attorneys fees and/or costs that exceed those that are reasonable.

(2) The individual assessments must be established using the following criteria:

(a) Each person who is responsible for fire protection pursuant to 76-13-108 and 76-13-201, MCA, and for whom the department provides fire protection, must be assessed a per capita landowner fee. The total per capita landowner assessments statewide from persons who own 20 acres or less of land for which the department provides protection must be as close as administratively possible to 50% of the total private landowner assessments.

(b) A person who owns more than 20 acres of land for which the department provides protection shall, in addition to the fee assessed pursuant to (a) , pay a per acre fee for each whole acre that the person owns in excess of 20 acres. The total of all assessments statewide from persons who own more than 20 acres must be as close as administratively possible to 50% of the total statewide assessment.

(3) Except as provided in (a) , the per capita and per acre fees set for 1994 must remain in effect for subsequent years.

(a) The department shall reset the per capita and per acre fees whenever:

(i) it is necessary to reset fees to obtain the amount appropriated by the legislature; or

(ii) the fees assessed statewide pursuant to (2) (a) on persons who own 20 acres or less of land for which the department provides protection obtain more than 55% or less than 45% of the total amount appropriated by the legislature.

(b) whenever the department resets the fees pursuant to (a) , it shall do so in accordance with (2) and the fees must remain in effect until either of the conditions in (a) is met.

(2) A board of county commissioners may initiate a request for a closure by submitting the request to the department. However, before such a request may be submitted and considered, the board must have taken fire prevention and suppression measures under rules adopted by the department. This subchapter specifies the minimum measures that must have been taken by the board.

(1) Before submitting a request for a closure, the board of county commissioners shall have taken the following minimum steps:

(a) initiated an active fire prevention program aimed at reducing preventable fires;

(b) initiated an active fire detection and presuppression system aimed at the rapid detection of and response to fires that do occur;

(c) organized local forces to suppress fires;

(d) determined that current dire situations exceed the established county capabilities.

(a) the county has met the measures specified in ARM 36.10.202;

(b) extreme burning conditions exist that exceed the normal seasonal conditions and endanger life and property and that these conditions are predicted to continue;

(c) the county has taken actions on fires that have previously occurred, but the county appears unable to cope with additional fires;

(d) the county will enforce the closure, if granted, to ensure its effectiveness.