36.25.1105    FEES FOR USES IN NAVIGABLE WATERWAYS

(1) The lease, license, or easement area shall consist of the footprint only.

(2) The application fee for a land use license, lease, or easement for a use of the bed of a navigable waterway is $50.

(3) The annual fee for a land use license for the use of the bed of a navigable waterway is $150. The license fee for the first year shall be $150 without regard to the date when the license term begins.

(4) The fee for a lease for the use of the bed of a navigable waterway shall be the greater of the product of the lease rate multiplied by the calculated market value of the footprint, any competitive bid received, or a minimum fee of $150. The process for calculating the market value lease rate will be as described in 77-1-905, MCA, and ARM 36.25.915. The department reserves the right to impose higher market value lease rates where the proposed use of the bed subjects the state, the department, or the trust beneficiaries to greater risk of damage to trust lands. However, generally, the market value lease rates will be guided by consideration of various market and risk factors, including, but not limited to:

(a) the potential for waste, and the costs of demolition, reclamation, and liability;

(b) market evidence; and

(c) the current fee schedule developed by the department.

(5) Any lease for a use of the bed of a navigable waterway beginning after March 1 of a lease year will have a prorated bill for the first year. The prorated bill will include the effective lease date through February 28 of the following year.

(6) The fee for an easement shall be the greater of:

(a) fees established per ARM 36.2.1005;

(b) the calculated market value of the footprint;

(c) market evidence; or

(d) current fee schedule developed by the department.

(7) Application fees for historic land use licenses, leases, and easements will be deposited into the state special revenue fund.

(a) The revenue from the application fees may be used for processing historic easement applications.

(8) Lease and license revenues will be deposited as follows:

(a) from July 1, 2011, through June 30, 2014, to the guarantee account provided for in 20-9-622, MCA; and

(b) on or after July 1, 2014, to the school facility and technology account provided for in 20-9-516, MCA.

(9) Easement revenues will be deposited into the permanent public land trust fund according to Article X, Section 5(2) of the Montana Constitution.

History: 77-1-209, 77-1-1117, MCA; IMP, 17-3-1003, 77-1-102, 77-1-103, 77-1-1117, MCA; NEW, 2012 MAR p. 2475, Eff. 12/7/12.