Montana Code Annotated
Part 4. Control of Timber Slash and Debris
76-13-421. Onsite consultation

76-13-421. Onsite consultation. (1) The department shall make its decision on whether or not to require an onsite consultation based on whether:
(a) the proposed timber sale is in a high-priority location for watershed resources;
(b) a consultation could contribute to improved watershed management; and
(c) the department has sufficient resources to conduct the consultation.
(2) The department shall schedule an onsite consultation at a time mutually agreeable to the operator, the owner (if the owner can be contacted and wishes to participate), and the department. Unless otherwise agreeable to the operator and a participating owner, a consultation must be held no later than:
(a) 10 calendar days after the mailing of the notice by the department, if the site is accessible; or
(b) if the site is temporarily inaccessible due to road conditions, weather conditions, or other factors, 10 calendar days after the operator indicates that the site is accessible.
(3) The onsite consultation must include representatives of the department, the operator, and, if the owner desires representation, the owner. Representatives of the department of environmental quality, the department of fish, wildlife, and parks, and the local conservation district may also participate but shall meet the consultation schedule established under 76-13-420(3)(c) or subsection (2) of this section.
(4) If the department and the operator are not able to schedule an onsite consultation within the time limits provided in subsection (2)(a) or (2)(b) or at another mutually agreeable time, the requirement for a consultation is terminated. The operator may then proceed with forest practices immediately upon the expiration of the time limits provided in subsection (2)(a) or (2)(b).
History: En. Sec. 4(4) thru (7), Ch. 423, L. 1989; amd. Sec. 263, Ch. 418, L. 1995; Sec. 76-13-132, MCA 2005; redes. 76-13-421 by Sec. 32(3), Ch. 336, L. 2007.

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