Administrative Rules of Montana
Department 12 - FISH, WILDLIFE, AND PARKS
Chapter 12.4 - STREAM ACCESS RULES
Subchapter 12.4.1 - Management of Recreational Use of Rivers and Streams
Rule 12.4.103 - PETITIONS
Current through Register Vol. 6, March 22, 2024
(1) Any person may petition the commission:
(2) Petitions to the commission under this subchapter must:
(3) Upon receipt of a petition, the commission chairman shall order the department to conduct an investigation of the facts alleged, and may order a physical inspection of the area described in the petition.
(4) The department shall publish a notice of the request for action in at least one daily newspaper in the area of the requested action and in at least 4 other major daily newspapers within the state. The notice shall solicit public comment on the proposal and shall provide at least 30 days for public comment from the time of the notice. The department shall provide notice of the petition to any groups or individuals who have expressed interest in the issue.
(5) Within 45 days of the publication of the notice described in ARM 12.4.103(4), the commission may upon its own motion or upon request of an interested party order a public hearing within the county in which the petition requests commission action.
(6) The department shall submit a report and recommendation to the commission within 45 days after the commission directs an investigation. The department shall send a copy of its report and recommendation to the petitioner and to any other party who has requested them at the same time it submits its report to the commission. When circumstances warrant, the commission may extend the time within which a report is due.
(7) The department's report shall address every allegation in the petition requesting commission action.
(8) Upon receipt of the department's report the commission shall, within 30 days, issue a decision granting, denying or granting with modifications the petitioned relief. The decision shall be supported by written findings which specifically describe the factual basis for the decision.
(9) The commission may summarily dismiss a petition with a brief statement of the reasons for dismissal if the petition:
(10) Notwithstanding (1) through (9) of this rule, the commission may, upon request of an affected landowner, who has filed a petition with the commission under (1) through (9) of this rule, temporarily close or restrict recreation use on a stream or on any part of a stream if the failure to do so would result in irreparable damage to property, irreparable disruption or alteration of the natural areas or biotic communities, or irreparable degradation of the waterbody. The commission may act under this subsection through the chairman and the commissioner in the affected region after consultation with the director. Any closure or restriction under this subsection may remain in effect only until the commission acts upon the petition filed pursuant to (1) through (9) of this rule.
87-1-303, MCA; IMP, 23-2-302, MCA;