Administrative Rules of Montana Department 36 - NATURAL RESOURCES AND CONSERVATION
1. Overview of Montana Administrative Rules – Department 36: DNRC
The Department of Natural Resources and Conservation (DNRC) in Montana regulates:
Water rights and water use – Permitting, allocation, and enforcement of water use.
Forest management – Timber harvesting, reforestation, and fire prevention.
State lands and leases – Leasing land for agriculture, grazing, or development.
Conservation programs – Soil conservation, irrigation projects, and environmental protection.
Contested cases and enforcement – How violations of DNRC rules are addressed.
The ARM provides detailed procedures to ensure compliance, protect natural resources, and resolve disputes.
2. Contested Case Procedures in DNRC
When rules are violated, DNRC follows a structured contested case procedure:
Notice of Violation – DNRC notifies the alleged violator of a rule infraction.
Response – The party may respond, presenting explanations or evidence.
Investigation and Hearing – DNRC conducts inspections or hearings.
Decision and Sanctions – DNRC can issue fines, corrective orders, suspension of permits, or revocation of privileges.
Appeals – The decision can be appealed to higher authorities according to administrative law procedures.
3. Detailed Illustrative Cases
Here are five real-world style cases based on typical DNRC violations:
Case 1: Unauthorized Water Diversion
Rule Violated: Montana water rights rules require proper permitting before diverting surface water.
Scenario:
A farmer diverted water from a creek without securing a DNRC water use permit. The diversion affected downstream users.
Outcome:
DNRC issued a notice of violation and required immediate cessation of diversion.
A contested case hearing confirmed the violation.
The farmer was ordered to apply for a proper water right permit and install flow measurement devices.
This demonstrates the importance of protecting shared water resources.
Case 2: Illegal Timber Harvesting
Rule Violated: Timber harvests on state lands require DNRC-approved plans and reporting.
Scenario:
A logging company cut timber on state forest land without a harvest plan or approval.
Outcome:
DNRC inspected the site and documented the unauthorized cutting.
A fine was imposed, and the company had to replant trees as a corrective measure.
The company’s permit eligibility for future contracts was temporarily suspended.
This ensures sustainable forest management and compliance with reforestation requirements.
Case 3: Grazing Lease Violations
Rule Violated: State land lease rules require lessees to follow stocking limits and land use restrictions.
Scenario:
A rancher grazed more cattle than permitted on leased state land, causing soil erosion and damage to riparian areas.
Outcome:
DNRC issued a notice of violation and required removal of excess livestock.
The lease was placed on probation, and the rancher was required to implement soil conservation practices.
Repeat violations could have led to lease termination.
This case highlights the balance between productive use and conservation of public lands.
Case 4: Water Quality and Irrigation Compliance
Rule Violated: Irrigation projects must not degrade water quality or violate discharge rules.
Scenario:
An irrigation district’s drainage system discharged sediment and fertilizers into a state river, exceeding allowable limits.
Outcome:
DNRC investigated and required modifications to drainage infrastructure.
The district was fined and mandated to monitor water quality regularly.
This case emphasizes the role of DNRC in protecting water quality while allowing irrigation.
Case 5: Fire Prevention and Forest Safety
Rule Violated: DNRC rules require landowners and operators to follow fire prevention protocols during dry seasons.
Scenario:
A recreational facility on state land failed to maintain firebreaks and allowed open campfires during a high-risk period, leading to a small wildfire.
Outcome:
DNRC assessed responsibility and imposed fines for non-compliance.
The facility was required to implement fire prevention measures, including clear firebreaks and education for visitors.
Repeat offenses could result in closure or suspension of land use permits.
This illustrates the critical role of DNRC in wildfire prevention and public safety.
4. Key Takeaways
Permitting is Critical – Water diversion, timber harvest, and grazing all require DNRC approval.
Enforcement Protects Resources – Fines, corrective orders, and suspensions ensure natural resources are preserved.
Contested Case Process Ensures Fairness – Violators have the right to respond, present evidence, and appeal decisions.
Preventive Measures are Mandatory – Fire prevention, soil conservation, and water quality protection are enforced proactively.
Sustainable Use vs. Exploitation – DNRC balances productive land use with long-term environmental sustainability.
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