36.27.203    DUTIES OF THE DEPARTMENT

(1) All administrative acts which are required to propose the designation of and maintain each state natural area, and a state-wide system of state natural areas, shall be the department's responsibility.

(2) The department shall make annual inspections on each state natural area, and record its findings in an attempt to determine what prudent and necessary changes are needed in the master plan. The integrity of the state natural area will be assessed, in this inspection, to determine if the area is being maintained in accordance with the Montana Natural Areas Act of 1974, this sub-chapter, and the master plan.

(3) Should a managing entity fail to manage the state natural area in accordance with the Montana Natural Areas Act of 1974, this sub-chapter, and the master plan, the department shall undertake such actions as are necessary for the maintenance and protection of the state natural area.

(4) The department will include, as an additional consideration in its review process for land use decisions, a review of all applications and proposals for significant actions which would unalterably preclude the designation of a potential state natural area. Should this preliminary review indicate that the affected area possess characteristics which could qualify it for designation as a state natural area, the department will conduct or acquire all of the resource evaluations and information which it considers necessary for determining if the site should be proposed for designation as a state natural area. This evaluation will be completed within a period of 1 year from the initial date of the application or proposal. Should this evaluation indicate that the area in question qualifies for designation as a state natural area, the application or proposal shall not be granted or approved. The department shall maintain a file summarizing the actions taken to fulfill this duty.

(5) In the event that the department becomes the managing entity of a state natural area, it will also fulfill all of the duties of the managing entity as herein required.

History: 76-12-112, MCA; IMP, 76-12-105 and 76-12-106, MCA; NEW, Eff. 8/4/75; TRANS, from DSL, 1998 MAR p. 761.