76-15-205. Criteria for determining need. In making the determinations and in defining the boundaries, the department shall consider the topography of the area considered and of the state, the composition of soils in the area, the distribution of erosion, the prevailing land use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits those lands may receive from being included within the boundaries, the relation of the proposed area to existing watersheds and agricultural regions and other conservation districts already organized or proposed for organization under this chapter, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determination set forth in 76-15-101 and 76-15-102. The territory to be included within the boundaries need not be contiguous.
History: En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 273, Ch. 418, L. 1995.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Chapter 15. Conservation Districts
Part 2. Creation of Conservation Districts
76-15-201. Petition to create conservation district
76-15-202. Hearing on petition
76-15-203. Hearing procedure if additional territory to be included
76-15-204. Determination of need for district
76-15-205. Criteria for determining need
76-15-206. Determination of administrative practicability of district
76-15-207. Referendum on question of creating district
76-15-208. Administration of hearings and referenda
76-15-209. Procedure following referendum
76-15-210. Criteria for determining administrative practicability
76-15-211. Appointment of supervisors
76-15-212. Submission of application by appointed supervisors
76-15-213. Processing of application by secretary of state
76-15-214. Evidentiary status of certificate issued by secretary of state
76-15-215. District as governmental subdivision and public body