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36.25.1002    CABINSITE LEASES

(1) A cabinsite lease may only include a maximum of five acres unless special circumstances exist for which the department may grant more than five acres.

(2) The lessee shall be required to comply with all rules and regulations, including, but not limited to:

(a) county planning;

(b) subdivision requirements; and

(c) other state and federal statutes and regulations. The department's approval to place or modify any improvement on the lease lot does not necessarily constitute approval from any other regulatory entity such as a county, other state administrative agencies, or federal agencies.

(3) The successful bidder for a cabinsite lease may be required to pay for the cost of any surveys, fulfillment of zoning and subdivision requirements, and other assessments, or costs related to compliance with any other local, state, and federal statutes and regulations.

(4) Cabinsite leases shall be classified as per ARM 36.25.108, or if necessary, reclassified as per ARM 36.25.109.

(5) A cabinsite lease grants the lessee the right of access and the right to place necessary utility facilities within the cabinsite lease premises and across specified adjacent state trust lands from the main utility to the cabinsite lease premises during the term of the lease, with the prior written approval of the department. For any such rights outside of state trust land, the lessee will be responsible for obtaining any necessary easements from the appropriate landowner(s).

History: 77-1-202, 77-1-209, MCA; IMP, 77-1-208, MCA; NEW, 2010 MAR p. 1293, Eff. 5/28/10.

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