76-13-121. Permit for burning required. (1) During the wildfire season or an expansion of the wildfire season, a person may not ignite or set a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or, except as provided in subsection (2), an open fire without an official written permit to ignite or set the fire from the recognized agency for that protection area.
(2) (a) If no restrictions are in place, a permit is not needed for recreational fires measuring less than 48 inches in diameter that are surrounded by a nonflammable area or structure and for which a suitable source of extinguishing the fire is available.
(b) A recreational fire may not be ignited if special restrictions prohibiting recreational fires have been established by an authority having jurisdiction.
History: En. Sec. 14, Ch. 128, L. 1939; amd. Sec. 11, Ch. 253, L. 1974; amd. Sec. 7, Ch. 397, L. 1977; R.C.M. 1947, 28-114; amd. Sec. 10, Ch. 336, L. 2007.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Part 1. Protection of Forest Resources
76-13-104. Functions of department -- rulemaking
76-13-105. Protection of lands and improvements from fire
76-13-107. Classification of forest lands
76-13-108. Person responsible for performance of duties
76-13-110. Owner's right to department hearing
76-13-111. Permissible expenditures
76-13-112. Penalty for violation
76-13-113. Destruction of signs
76-13-114. Disposition of fines
76-13-116. Duties of firewardens -- liability
76-13-119. Exemption from environmental review
76-13-121. Permit for burning required
76-13-122. Failure to comply with permit
76-13-123. Failure to extinguish recreational fire
76-13-124. Throwing lighted materials
76-13-125. Spark arresters required
76-13-126. Restrictions on mill waste
76-13-127. through 76-13-130 reserved
76-13-131. Renumbered 76-13-420
76-13-132. Renumbered 76-13-421
76-13-133. Renumbered 76-13-422
76-13-134. Renumbered 76-13-423
76-13-135. Renumbered 76-13-424
76-13-137. through 76-13-139 reserved
76-13-140. Legal representation for state firefighters
76-13-141. through 76-13-144 reserved
76-13-145. Designation of wildland-urban interface parcels
76-13-146. through 76-13-149 reserved
76-13-150. Fire suppression account -- fund transfer
76-13-151. Good neighbor forestry accounts -- uses
76-13-152. and 76-13-153 reserved
76-13-154. Federal forest management projects -- attorney general authority to intervene