Montana Code Annotated
Part 2. Provision of Fire Protection Services
76-13-204. Creation, annexation of land into, and dissolution of wildland fire protection districts

76-13-204. Creation, annexation of land into, and dissolution of wildland fire protection districts. (1) In accordance with the provisions of subsections (2) and (3), the department may create, annex land to, or dissolve wildland fire protection districts.
(2) Before a district is created, land is annexed into a district, or a district is dissolved, the department shall hold a hearing in any county in which land affected by the proposed change is located.
(a) The department shall give notice at least 20 days in advance of the hearing to all property owners to be affected by the proposed change. Service of the notice must be made by certified mail to each affected property owner and by publication of the notice in a newspaper published or generally circulated in the county in which the hearing is to be held.
(b) The department shall consider the arguments made for and against the proposed change in making a determination under this section.
(3) (a) A wildland fire protection district may not be created or dissolved unless approved in writing by a vote of not less than 51% of the owners representing at least 51% of the acreage to be involved in the affected wildland fire protection district.
(b) Land may not be annexed into a district unless approved by 51% of the owners representing at least 51% of the acreage to be annexed.
(4) Land annexed into a district may not be removed from that district unless that district is dissolved.
History: En. Sec. 5, Ch. 128, L. 1939; amd. Sec. 1, Ch. 90, L. 1959; amd. Sec. 1, Ch. 83, L. 1963; amd. Sec. 1, Ch. 149, L. 1967; amd. Sec. 4, Ch. 253, L. 1974; amd. Sec. 2, Ch. 397, L. 1977; R.C.M. 1947, 28-105(1); amd. Sec. 1, Ch. 147, L. 1993; amd. Sec. 7, Ch. 27, L. 1997; amd. Sec. 20, Ch. 336, L. 2007.

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