Current through Register Vol. 18, September 20, 2024
(1) The forest practice of clearcutting is
prohibited in the SMZ unless approved by the department under a site-specific
alternative practice.
(2) In order
to provide large woody debris, stream shading, water filtering effects, and to
protect stream channels and banks, merchantable and submerchantable trees must
be retained in the first 50 feet of the SMZ beyond the ordinary high water mark
and in the entire SMZ where the SMZ is extended for wetlands under ARM
36.11.302(2) (a),
on each side of streams, and along lakes and other bodies of water as follows:
(a) On each side of class 1 stream segments
and lakes retain 50% of the trees greater than or equal to eight inches dbh, or
ten trees greater than or equal to eight inches dbh in each 100 lineal feet of
the SMZ, whichever is greater.
(i) If less
than ten trees greater than or equal to eight inches dbh are present in any 100
lineal-foot segment of the SMZ, then a minimum of ten trees of the largest
diameter available must be retained in that segment;
(ii) Trees retained must be representative of
the species and size of trees in the preharvest stand; and
(iii) Shrubs and submerchantable trees must
be protected and retained in the entire SMZ to the fullest extent possible when
conducting forest practices in the SMZ.
(b) On each side of class 2 stream segments
retain 50% of the trees greater than or equal to eight inches dbh, or five
trees greater than or equal to eight inches dbh in each 100 lineal feet of the
SMZ, whichever is greater.
(i) If less than
five trees greater than or equal to eight inches dbh are present in any 100
lineal-foot segment of the SMZ, then a minimum of five trees of the largest
diameter available must be retained in that segment;
(ii) Trees retained must be representative of
the species and size of trees in the preharvest stand; and
(iii) Shrubs and submerchantable trees must
be protected and retained in the entire SMZ to the fullest extent possible when
conducting forest practices in the SMZ.
(c) On each side of class 3 stream segments
and other bodies of water, shrubs and submerchantable trees must be protected
and retained in the entire SMZ to the fullest extent possible when conducting
forest practices in the SMZ.
(3) Hardwood trees and snags meeting diameter
standards of (2) may be counted toward retention tree requirements in the same
approximate proportion as their occurrence in the stand prior to commencement
of forest practices.
(4) Trees
retained pursuant to this rule must be distributed within the SMZ as guided by
the following criteria:
(a) favor bank-edge
trees;
(b) favor trees leaning
toward the stream and those that cannot be felled without falling into the
stream;
(c) where the SMZ is
greater than 50 feet wide and harvesting will result in the minimum stocking of
trees required to be retained under (2) (a) and (b), concentrate retained trees
within 50 feet of the stream;
(d)
all trees that have fallen through natural processes, across or in a class 1 or
2 stream, must be retained, unless removal of such trees is conducted pursuant
to ARM 36.11.304(6), is
approved as a site-specific alternative practice, and is conducted consistently
with other applicable federal and state laws and regulations.
(5) Trees retained pursuant to
this rule may be salvaged only under the following conditions:
(a) trees to be harvested meet the definition
of salvage found at ARM
36.11.312; and
(b) the minimum tree retention requirements
of (2) are met by standing live trees, or by dead or fallen trees where
sufficient standing live trees are not available.
(6) All practices which deviate from the
tree-distribution criteria provided in (2) and (4) require approval as
site-specific alternative practices.
77-5-303,
77-5-307, MCA; IMP,
77-5-301,
77-5-303,
MCA;
