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Rule Title: DEFINITIONS
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Department: REVENUE
Chapter: REAL PROPERTY
Subchapter: Forest Land
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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42.20.701    DEFINITIONS

The following definitions apply to this subchapter:

(1) "Board foot" means a measurement of wood equivalent to one inch thick by 12 inches long by 12 inches wide.

(2) "Contiguous parcels of land" means separately described parcels of land under one ownership that physically touch one another or would have touched one another were the acreages not separated by:

(a) deeded roads and highways;

(b) rivers and streams;

(c) railroad lines; or

(d) federal or state land that is leased from the federal or state government by an owner whose land is physically touching the federal or state land.

(3) "Cubic foot" means a measurement of wood equivalent to 12 inches thick by 12 inches long by 12 inches wide. In the forest land productivity model developed by the University of Montana – College of Forestry and Conservation, authorized under 15-44-103, MCA, the conversion factor is one cubic foot will equal four board feet.

(4) "Diameter at breast height (DBH)" means the average trunk diameter, measured outside of the bark, at a point 4.5 feet above the ground on the uphill side of the tree.

(5) "Hardwood species" means broadleaf trees. Examples of hardwood species native to Montana are alder, Rocky Mountain maple, birch, aspen, and cottonwood.

(6) "Land use" means the utilization of the land which directly relates to its classification, in accordance with 15-7-103, MCA.

(7) "Mean annual increment (MAI)" is a measurement of the average annual increase in growth produced in a tree or a natural stand of trees. MAI can be calculated by dividing total tree or natural stand growth by the total age.

(8) "Natural stands" means fully stocked, even-aged groups of softwood stands of trees which naturally regenerate. Further, "fully stocked" means the highest degree in which a natural stand of trees could fully utilize the site's capacity to grow trees.

(9) "Noncommercial forest land" means forest land stocked with trees that are not economical to harvest due to quality and quantity of the wood.

(10) "Nonforest land" means land at least 120 feet in width and at least five acres in size, which does not meet the requirements of ARM 42.20.705. Nonforest land can include rivers and streams, roads, highways, power lines easements, railroads, and noncommercial tree species. Nonforest land is classified as agricultural land, nonqualified agricultural land, residential land, commercial land, or industrial land.

(11) "Nonproductive forest land" means forest land that produces less than 100 board feet per acre annually.

(12) "Ornamental trees" means trees grown commercially to ornament and decorate or for use as shade trees or windbreaks.

(13) "Parcel" means a tract or plot of land distinguishable by ownership boundaries.

(14) "Producing timber" means growing trees, including trees removed through harvest, clear-cut, or by natural disaster.

(15) "Residence" means all conventionally constructed homes, as well as all mobile homes and manufactured housing, that may serve as living quarters for one or more individuals or a family, regardless of actual occupancy.

(16) "Scribner Log Rule" means a forest industry recognized mathematical formula that estimates the net board foot lumber volume that can be sawn from a log that is scaled to a specific diameter and log length. Volumetric yields are based on softwood trees at least 8.0 inches in diameter at breast height (outside bark). Tree volume is measured from a one-foot stump to a six-inch inside bark minimum top. Board foot estimates using the Scribner Log Rule are based on 16-foot nominal log lengths with five percent hidden defect.

(17) "Softwood species" means conifer species that can be economically processed into lumber. Some examples of softwood species that are native to Montana are ponderosa pine, Douglas-fir, larch, lodgepole pine, spruce, and alpine fir.

(18) "Site" means at least 15 contiguous acres with the capacity to grow timber.

(19) "Stocked or stocking" means a measurement of the crown coverage or degree to which an area is effectively covered with living trees.

(20) "Timber" means softwood species that can be economically processed into lumber. Whitebark pine, limber pine, and Rocky Mountain juniper are generally considered to be noneconomical to process into lumber products in Montana and are not classified as commercial softwood species for the purpose of these rules.

(21) "Under one ownership" means when two or more parcels of land are deeded under an owner's identical name or when an owner has obtained department recognition of parcels under one ownership through the affidavit process described in ARM 42.20.705.

 

History: 15-44-105, MCA; IMP, 15-1-101, 15-44-101, 15-44-102, 15-44-103, 15-44-106, MCA; NEW, 2003 MAR p. 1888, Eff. 8/29/03; AMD, 2006 MAR p. 3103, Eff. 12/22/06; AMD, 2010 MAR p. 540, Eff. 2/26/10; AMD, 2017 MAR p. 2198, Eff. 11/25/17; AMD, 2020 MAR p. 1743, Eff. 9/26/20.


 

 
MAR Notices Effective From Effective To History Notes
42-1021 9/26/2020 Current History: 15-44-105, MCA; IMP, 15-1-101, 15-44-101, 15-44-102, 15-44-103, 15-44-106, MCA; NEW, 2003 MAR p. 1888, Eff. 8/29/03; AMD, 2006 MAR p. 3103, Eff. 12/22/06; AMD, 2010 MAR p. 540, Eff. 2/26/10; AMD, 2017 MAR p. 2198, Eff. 11/25/17; AMD, 2020 MAR p. 1743, Eff. 9/26/20.
42-2-977 11/25/2017 9/26/2020 History: 15-44-105, MCA; IMP, 15-1-101, 15-44-101, 15-44-102, 15-44-103, 15-44-106, MCA; NEW, 2003 MAR p. 1888, Eff. 8/29/03; AMD, 2006 MAR p. 3103, Eff. 12/22/06; AMD, 2010 MAR p. 540, Eff. 2/26/10; AMD, 2017 MAR p. 2198, Eff. 11/25/17.
42-2-814 2/26/2010 11/25/2017 History: 15-44-105, MCA; IMP, 15-1-101, 15-44-101, 15-44-102, 15-44-103, MCA; NEW, 2003 MAR p. 1888, Eff. 8/29/03; AMD, 2006 MAR p. 3103, Eff. 12/22/06; AMD, 2010 MAR p. 540, Eff. 2/26/10.
12/22/2006 2/26/2010 History: 15-44-105, MCA; IMP, 15-1-101, 15-44-101, 15-44-102, 15-44-103, MCA; NEW, 2003 MAR p. 1888, Eff. 8/29/03; AMD, 2006 MAR p. 3103, Eff. 12/22/06.
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