36.27.201    DEFINITIONS

As used in these rules, the following terms shall have the meanings indicated, except where the context otherwise requires:

(1) "Application" means a written request, submitted to the board or the department, for the purpose of acquiring an interest in lands controlled by the board.

(2) "Articles of dedication" means the documents presented to the board, by the department, which form the basis for designating a state natural area.

(3) "Board" means the board of land commissioners.

(4) "Certificate of designation" means a legal document, issued by the board, expressing the official designation of a state natural area.

(5) "Council" means the state natural areas advisory council as appointed by the governor in accordance with 2-15-122, MCA.

(6) "Department" means the department of natural resources and conservation.

(7) "Managing entity" means any state, federal, or local governmental agency, department, board, individual, citizens' organization, or commission which accepts, and is recognized by the department as qualified to fulfill, the responsibility for managing a state natural area, as prescribed by the Montana Natural Areas Act of 1974, these rules, and the master plan.

(8) "Master plan" means a plan prepared by the department, with the aid of the managing entity, that sets forth in specific detail the purpose, character, RESOURCES, management, and other considerations, for the protection and use of an individual state natural area.

(9) "Montana Natural Areas Act of 1974" is that act codified as Title 76, chapter 12, part 1, MCA.

(10) "Nominating party" means an individual, government agency, research group, citizens' organization or any other interested party which recommends, to the department, an area for designation as a state natural area.

(11) "Proposal" means a written request, submitted to the board or the department to gain the necessary authority to initiate a development project or other activity which would alter the existing characteristics or nature of lands controlled by the board.

(12) "Significant actions" means a land use activity which, if initiated, would produce obvious visual changes in the natural characteristics of land.

(13) "State natural area" means an area established in accordance with these rules and the Montana Natural Areas Act of 1974, which is subsequently within the administrative jurisdiction of the board. These areas of land must generally appear to have been affected primarily by the forces of nature with the visual aspects of human intrusion not dominant, and also must have one or more of the following characteristics:

(a) an outstanding mixture or variety of vegetation, wildlife, water resource, landscape and scenic values;

(b) an important or rare ecological or geological feature or other rare or significant natural feature worthy of preservation for scientific, educational or ecological purposes;

(14) "Unalterably preclude" means that the severity of the consequences of a human action are such that they will not be readily reclaimed through the natural processes of nature nor through minor, man induced, restoration efforts.

History: 76-12-112, MCA; IMP, 76-12-104, MCA; NEW, Eff. 8/4/75; TRANS, from DSL, 1998 MAR p. 761.