BEFORE THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 36.10.129, Wildland-Urban Interface, and the adoption of New Rule I regarding guidelines for development within the wildland-urban interface

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NOTICE OF PUBLIC HEARINGS ON PROPOSED AMENDMENT AND ADOPTION

 

            To:       All Concerned Persons

 

            1.  The Department of Natural Resources and Conservation will hold three public hearings at 1:00 p.m. on the following dates:  August 11, 2009, at the Lockwood Rural Fire Department Conference Room, 3329 Driftwood Lane, Billings, Montana; August 12, 2009, in the Bannack Conference Room at DNRC Headquarters at 1625 Eleventh Avenue, Helena, Montana; and on August 13, 2009, at the Department of Fish, Wildlife, and Parks, Region 2 Headquarters, 3201 Spurgin Road, Missoula, Montana, to consider the amendment and adoption of the above-stated rules.

 

            2.  The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the agency no later than 5:00 p.m. on August 4, 2009, to advise the department of the nature of the accommodation that you need.  Please contact Pat Cross, Fire Prevention Specialist, Department of Natural Resources and Conservation Fire and Aviation Management Bureau, 2705 Spurgin Road, Missoula, MT 59804-3199; telephone (406) 542-4251, fax (406) 542-4242, e-mail [email protected].

 

            3.  The rule as proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

 

            36.10.129  WILDLAND/-URBAN INTERFACE  (1)  County governments without subdivision wildfire protection standards related to development in the wildland-urban interface (WUI) are encouraged to establish standards for all new subdivisions by January October 1, 20010.

            (2)  The Fire Protection Guidelines for Development within the Wildland-/Residential Urban Interface Development, (DNRCDSL/DOJ, 19932009), is 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.

 

           AUTH:   76-13-104, MCA

            IMP:  76-13-104, MCA

 

REASONABLE NECESSITY:  The amendments are meant to update recent developments in the knowledge associated with development in the wildland-urban interface, and to comply with 76-13-104(8), MCA, which requires the Montana Department of Natural Resources and Conservation to adopt administrative rules addressing development within the wildland-urban interface.

 

            4.  The rule proposed to be adopted provides as follows:

 

            NEW RULE I  WILDLAND-URBAN INTERFACE DEVELOPMENT GUIDELINES  (1)  The department adopts and incorporates by reference the Guidelines for Development within the Wildland-Urban Interface (DNRC 2009), which sets forth guidelines that counties may adopt for purposes of development within the wildland-urban interface. A copy of the Guidelines for Development Within the Wildland-Urban Interface (DNRC 2009) may be obtained from the Montana Department of Natural Resources and Conservation, 1625 Eleventh Avenue, Helena, Montana 59620.

 

            AUTH:   76-13-104, MCA

            IMP:  76-13-104, MCA

 

REASONABLE NECESSITY:  New Rule I is meant to update recent developments in the knowledge associated with development in the wildland-urban interface.  New Rule I is also meant to comply with 76-13-104(8), MCA, which requires the Montana Department of Natural Resources and Conservation to adopt administrative rules addressing development within the wildland-urban interface.

 

            5.  Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted to Pat Cross, Fire Prevention Specialist, Department of Natural Resources and Conservation, 2705 Spurgin Road, Missoula, MT 59804-3199; telephone (406) 542-4251; fax (406) 542-4241; or e-mailed to [email protected], and must be received no later than 5:00 p.m. on August 20, 2008.

 

            6.  Mark Phares, Agency Counsel for the Department of Natural Resources and Conservation Forestry Division, 2705 Spurgin Road, Missoula, MT 59804 has been designated to preside over and conduct the public hearings.

 

            7.  An electronic copy of this Notice of Public Hearings on Proposed Amendment and Adoption is available through the department's web site at http://www.dnrc.mt.gov.  The department strives to make the electronic copy of this Notice of Public Hearing on Proposed Amendment and Adoption conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.

 

            8.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding conservation districts and resource development, forestry, oil and gas conservation, trust land management, water resources, or a combination thereof.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be sent or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department.

 

            9.  The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled.  The bill sponsor was contacted by regular mail on November 21, 2007.

 

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

 

 

/s/  Mary Sexton                                                         /s/  Mark Phares

MARY SEXTON                                                        MARK PHARES

Director                                                                      Rule Reviewer

Natural Resources and Conservation

 

 

Certified to the Secretary of State on July 6, 2009.