BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the adoption of a temporary emergency rule closing  Bannack State Park in Deer Lodge County

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NOTICE OF ADOPTION OF A TEMPORARY EMERGENCY RULE

 

TO: All Concerned Persons

 

            1.         The Department of Fish, Wildlife and Parks (department) has determined the following reasons justify the adoption of a temporary emergency rule:

            (a)       On July 17, 2013, a flash flood occurred at Bannack State Park.

            (b)       Bannack State Park is comprised of 60 historic buildings and other structures. The flash flood caused structural damage to 80 percent of the buildings including a portion of one building which was physically moved by the rushing water.

            (c)        Montana State Parks is concerned about the possible movement or collapse of buildings due to the structural damage resulting from the flood. Movement or collapse of the buildings poses imminent threat of bodily harm or death.

            (d)       Montana State Parks is also concerned with large objects and debris that are partially buried or obscured by the mud and thereby pose a threat of serious bodily injury.

 (e)       Therefore, as this situation constitutes an imminent peril to public health, safety, and welfare, and this threat cannot be averted or remedied by any other administrative act, the department adopts the following temporary emergency rule. The emergency rule will be sent as a press release to newspapers throughout the state. Also, signs informing the public of the closure will be posted at access points. The rule will be sent to interested parties, and published as a temporary emergency rule in Issue No. 15 of the 2013 Montana Administrative Register.

 

            2.         The department will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of the notice. If you require an accommodation, contact the department no later than 5:00 p.m. on August 23, 2013, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-9785; fax (406) 444-7456; or e-mail [email protected].

 

            3.         The temporary emergency rule is effective July 18, 2013, when this rule notice is filed with the Secretary of State.

 

            4.         The text of the temporary emergency rule provides as follows:

 

            RULE I BANNACK STATE PARK TEMPORARY EMERGENCY CLOSURE 

            (1) Bannack State Park is located in Deer Lodge County.

            (2) Bannack State Park is closed to all public occupation.

           

            AUTH:            2-4-303, 23-1-106, MCA

               IMP:             2-4-303, 23-1-106, MCA

 

            5.         The rationale for the temporary emergency rule is as set forth in paragraph 1.

 

            6.         This rule is in effect as long as the danger exists. Posted signs regarding the emergency closure will be removed when the rule is no longer effective. Notice of repeal of this emergency rule will be published in the Montana Administrative Register.

 

 7.         Concerned persons are encouraged to submit their comments to the department. They should submit their comments along with their names and addresses to Jessica Snyder, Department of Fish, Wildlife and Parks, PO Box 200701, Helena, MT 59620-0701; fax (406) 444-7456; or e-mail [email protected]. Any comments must be received no later than September 6, 2013.

 

 8.         The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department or commission. Persons who wish to have their name added to the list shall make written request that includes the name and mailing address of the person to receive the notice and specifies the subject or subjects about which the person wishes to receive notice. Such written request may be mailed or delivered to Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, faxed to the office at (406) 444-7456, or may be made by completing the request form at any rules hearing held by the department.

 

            9.         The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

/s/ M. Jeff Hagener M. Jeff Hagener Director Department of Fish, Wildlife and Parks

/s/ Zach Zipfel Zach Zipfel Rule Reviewer

 

Certified to the Secretary of State July 18, 2013.